IBC 189 — Constitution of Board

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  The  Board  shall  consist  of  the  following  members  who  shall  be appointed by the Central Government, namely:—
(a) a Chairperson;
(b)  three  members  from  amongst  the  officers  of  the  Central  Government  not  below  the  rank  of
Joint Secretary or equivalent, one each to represent the Ministry of Finance, the Ministry of Corporate
Affairs and Ministry of Law, ex officio;
(c) one member to be nominated by the Reserve Bank of India, ex officio;
(d) five other members to be nominated by the Central Government, of whom at least three shall be the whole-time members.
(2)  The  Chairperson  and  the  other  members  shall  be  persons  of  ability,  integrity  and  standing,  who have  shown  capacity  in  dealing  with  problems  relating  to  insolvency  or  bankruptcy  and  have  special knowledge and experience in the field of law, finance, economics, accountancy or administration.

(3) The appointment of the Chairperson and the members of the Board other than the appointment of an ex officio member under this section shall be made after obtaining the recommendation of a selection committee consisting of—
(a) Cabinet Secretary—Chairperson;
(b) Secretary to the Government of India to be nominated by the Central Government—Member;
(c)  Chairperson  of  the  Insolvency  and  Bankruptcy  Board  of  India  (in  case  of  selection  of members of the Board)—Member;
(d)  three  experts  of  repute  from  the  field  of  finance,  law,  management,  insolvency  and  related subjects, to be nominated by the Central Government—Members.
(4) The term of office of the Chairperson and members (other than ex officio members) shall be five years  or  till  they  attain  the  age  of  sixty-five  years,  whichever  is  earlier,  and  they  shall  be  eligible  for reappointment.
(5)  The  salaries  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of,  the Chairperson and members (other than the ex officio members) shall be such as may be prescribed.

Back to IBC