IBC 226 — Power of Central Government to supersede Board

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  If  at  any  time  the  Central Government is of opinion—
(a) that on account of grave emergency, the Board is unable to discharge the functions and duties imposed on it by or under the provisions of this Code; or (b)  that  the  Board  has  persistently  not  complied  with  any  direction  issued  by  the  Central
Government under this Code or in the discharge of the functions and duties imposed on it by or under the provisions of this Code and as a result of such noncompliance the financial position of the Board or the administration of the Board has deteriorated; or (c) that circumstances exist which render it necessary in the public interest so to do, the  Central  Government  may,  by  notification,  supersede  the  Board  for  such  period,  not  exceeding  six months, as may be specified in the notification.
(2) Upon the publication of a notification under sub-section (1) superseding the Board,—
(a) all the members shall, as from the date of supersession, vacate their offices as such;
(b) all the  powers,  functions  and  duties  which  may,  by  or  under the  provisions  of this  Code,  be exercised  or  discharged  by  or  on  behalf  of  the  Board,  shall  until  the  Board  is  reconstituted  under sub-section  (3),  be  exercised  and  discharged  by  such  person  or  persons  as  the  Central  Government may direct; and (c)  all  property  owned  or  controlled  by  the  Board  shall,  until  the  Board  is  reconstituted  under sub-section (3), vest in the Central Government.
(3)  On  the  expiration  of  the  period  of  supersession  specified  in  the  notification  issued  under sub-section (1), the  Central Government may reconstitute the Board by a  fresh  appointment and in such case  any  person  or  persons  who  vacated  their  offices  under  clause  (a)  of  sub-section  (2),  shall  not  be deemed disqualified for appointment:
Provided  that  the  Central  Government  may,  at  any  time,  before  the  expiration  of  the  period  of supersession, take action under this sub-section.
(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any  action  taken  under  this  section  and  the  circumstances  leading  to  such  action  to  be  laid  before  each House of Parliament at the earliest.

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