Powers & Functions of the Board (Sec 196-198)

“(1) The Board shall, subject to the general direction of the Central Government, perform
all or any of the following functions namely: –
(a) register insolvency professional agencies, insolvency professionals and
information utilities and renew, withdraw, suspend or cancel such registrations;
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[(aa) promote the development of, and regulate, the working and practices of, insolvency
professionals, insolvency professional agencies and information utilities and other institutions,
in furtherance of the purposes of this Code;]
(b) specify the minimum eligibility requirements for registration of insolvency
professional agencies, insolvency professionals and information utilities;
(c) levy fee or other charges 2
[for carrying out the purposes of this Code, including fee for
registration and renewal] of insolvency professional agencies, insolvency professionals
and information utilities;
(d) specify by regulations standards for the functioning of insolvency professional
agencies, insolvency professionals and information utilities;
(e) lay down by regulations the minimum curriculum for the examination of the
insolvency professionals for their enrolment as members of the insolvency professional
agencies;
(f) carry out inspections and investigations on insolvency professional agencies,
insolvency professionals and information utilities and pass such orders as may be
required for compliance of the provisions of this Code and the regulations issued
hereunder;
(g) monitor the performance of insolvency professional agencies, insolvency
professionals and information utilities and pass any directions as may be required for
compliance of the provisions of this Code and the regulations issued hereunder;
(h) call for any information and records from the insolvency professional agencies,
insolvency professionals and information utilities;
(i) publish such information, data, research studies and other information as may
be specified by regulations;
(j) specify by regulations the manner of collecting and storing data by the
information utilities and for providing access to such data;
(k) collect and maintain records relating to insolvency and bankruptcy cases and
disseminate information relating to such cases;
(l) constitute such committees as may be required including in particular the
committees laid down in section 197;
(m) promote transparency and best practices in its governance;
(n) maintain websites and such other universally accessible repositories of
electronic information as may be necessary;
(o) enter into memorandum of understanding with any other statutory authorities;
(p) issue necessary guidelines to the insolvency professional agencies, insolvency
professionals and information utilities;
(q) specify mechanism for redressal of grievances against insolvency professionals,
insolvency professional agencies and information utilities and pass orders relating to
complaints filed against the aforesaid for compliance of the provisions of this Code and
the regulations issued hereunder;
(r) conduct periodic study, research and audit the functioning and performance of
to the insolvency professional agencies, insolvency professionals and information
utilities at such intervals as may be specified by the Board; (s)specify mechanisms for issuing regulations, including the conduct of public
consultation processes before notification of any regulations;
(t) make regulations and guidelines on matters relating to insolvency and
bankruptcy as may be required under this Code, including mechanism for time bound
disposal of the assets of the corporate debtor or debtor; and
(u) perform such other functions as may be prescribed.
(2) The Board may make a model bye-laws to be adopted by the insolvency professional
agency which may provide for –
(a) the minimum standards of professional competence of the members of
insolvency professional agencies;
(b) the standard for professional and ethical conduct of the members of
insolvency professional agencies;
(c) requirements for enrolment of person as members of insolvency
professional agency which shall be non-discriminatory;
Explanation. – For the purposes of this clause, the term “non-discriminatory” means
lack of discrimination on the ground of religion, caste, gender or place of birth and such other
grounds as may be specified;
(d) the manner of granting membership;
(e) setting up of a governing board for the internal governance and
management of insolvency professional agency in accordance with the regulations
specified by the Board;
(f) the information required to be submitted by members including the form
and the time for submitting such information;
(g) the specific classes of persons to whom services shall be provided at
concessional rates or for no remuneration by members;
(h) the grounds on which penalties may be levied upon the members of insolvency
professional agencies and the manner thereof;
(i) a fair and transparent mechanism for redressal of grievances against the
members of insolvency professional agencies;
(j) the grounds under which the insolvency professionals may be expelled from the
membership of insolvency professional agencies;
(k) the quantum of fee and the manner of collecting fee for inducting persons as its
members;
(l) the procedure for enrolment of persons as members of insolvency professional agency;
(m) the manner of conducting examination for enrolment of insolvency
professionals;
(n) the manner of monitoring and reviewing the working of insolvency professional
who are members;
(o) the duties and other activities to be performed by members;
(p) the manner of conducting disciplinary proceedings against its members and
imposing penalties;
(q) the manner of utilising the amount received as penalty imposed against any
insolvency professional.
(3) Notwithstanding anything contained in any other law for the time being in force,
while exercising the powers under this Code, the Board shall have the same powers as are
vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit,
in respect of the following matters, namely: –
(i) the discovery and production of books of account and other documents, at such
place and such time as may be specified by the Board;
(ii) summoning and enforcing the attendance of persons and examining them on
oath;
(iii) inspection of any books, registers and other documents of any person at any
place;
(iv) issuing of commissions for the examination of witnesses or documents.” VL Note : –

“The Board may, for the efficient discharge of its functions, may constitute advisory and
executive committees or such other committees, as it may deem fit, consisting of a Chairperson
and such other members as may be specified by regulations.” VL Note : –

“Notwithstanding anything contained in this Code, where the Board does not perform
any act within the period specified under this Code, the relevant Adjudicating Authority may,
for reasons to be recorded in writing, condone the delay.” VL Note : –