IBC 140 — Disqualification of bankrupt

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  The  bankrupt  shall,  from  the  bankruptcy  commencement date, be subject to the disqualifications mentioned in this section.
(2) In addition to any disqualification under any other law for the time being in force, a bankrupt shall be disqualified from—
(a)  being  appointed  or  acting  as  a  trustee  or  representative  in  respect  of  any  trust,  estate  or settlement;

(b) being appointed or acting as a public servant;
(c) being elected to any public office where the appointment to such office is by election; and (d) being elected or sitting or voting as a member of any local authority.
(3)  Any  disqualification to  which  a  bankrupt  may  be  subject  under  this  section  shall  cease  to  have effect, if—
(a) the bankruptcy order against him is modified or recalled under section 142; or (b) he is discharged under section 138.
Explanation.—For  the  purposes  of  this  section, the  term “public  servant” shall  have  the  same meaning as assigned to it in section 21 of the Indian Penal Code (45 of 1860).

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