IBC 239 — Power to make rules

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  The  Central  Government  may, by  notification,  make  rules  for carrying out the provisions of this Code.
(2) Without prejudice to the  generality of the  provisions  of sub-section (1), the Central Government may make rules for any of the following matters, namely:—
(a) any other instrument which shall be a financial product under clause (15) of section 3;
(b) other accounting standards which shall be a financial debt under clause (d) of sub-section (8) of section 5;

(c) the form, the manner and the fee for making application before the Adjudicating Authority for initiating  corporate  insolvency  resolution  process  by  financial  creditor  under  sub-section  (2)  of section 7;
(d)  the  form  and  manner  in  which  demand  notice  may  be  made  and  the  manner  of  delivery thereof to the corporate debtor under sub-section (1) of section 8;
(e) the form, the manner and the fee for making application before the Adjudicating Authority for initiating  corporate  insolvency  resolution  process  by  operational  creditor  under  sub-section  (2)  of section 9;

[(ea)  other  proof  confirming  that  there  is  no  payment  of  an  unpaid  operational  debt  by  the corporate debtor or such other information under clause (e) of sub-section (3) of section 9;]
(f) the form, the manner and the fee for making application before the Adjudicating Authority for initiating  corporate  insolvency  resolution  process  by  corporate  applicant  under  sub-section  (2)  of section 10;

[(fa) the transactions under the second proviso to sub-section (2) of section 21;
(fb) the transactions under Explanation I to clause (c) of section 29A;
(fc) the transactions under the second proviso to clause (j) of section 29A;]
(g)  the  persons  who  shall  be  relative  under  clause  (ii)  of  the Explanation to  sub-section  (1)  of section 79;
(h)  the  value  of  unencumbered  single  dwelling unit  owned  by  the  debtor  under  clause  (e)  of sub-section (13) of section 79;
(i)  the  value  under  clause  (c),  and  any  other  debt  under  clause  (f),  of  sub-section  (14)  of section 79;
(j)  the  form,  the  manner  and  the  fee  for  making  application  for  fresh  start  order  under sub-section (3) of section 81;
(k) the particulars of the debtor’s personal details under clause (e) of sub-section (3) of section 81;
(l) the information and documents to support application under sub-section (3) of section 86;
(m)  the  form,  the  manner  and  the  fee  for  making  application  for  initiating  the  insolvency resolution process by the debtor under sub-section (6) of section 94;
(n)  the  form,  the  manner  and  the  fee  for  making  application  for  initiating  the  insolvency resolution process by the creditor under sub-section (6) of section 95;
(o)   the   particulars   to   be   provided   by   the   creditor   to   the   resolution   professional   under sub-section (2) of section 103;
(p) the form and the manner for making application for bankruptcy by the debtor under clause (b) of sub-section (1) of section 122;
(q)  the  form  and  the  manner  of  the  statement  of  affairs  of  the  debtor  under  sub-section  (3)  of section 122;
(r) the other information under clause (d) of sub-section (1) of section 123;

(s) the form, the manner and the fee for making application for bankruptcy under sub-section (6) of section 123;
(t)  the  form  and  the  manner  in  which  statement  of  financial  position  shall  be  submitted  under sub-section (2) of section 129;
(u) the matters and the details which shall be included in the public notice under sub-section (2) of section 130;
(v)  the  matters  and  the  details  which  shall  be  included  in  the  notice  to  the  creditors  under sub-section (3) of section 130;
(w) the  manner  of  sending  details  of  the  claims  to  the  bankruptcy  trustee  and  other information under sub-sections (1) and (2) of section 131;
(x)  the  value of  financial  or  commercial  transaction  under  clause  (d)  of  sub-section  (1)  of section 141;
(y)  the  other  things  to  be  done  by  a  bankrupt  to  assist  bankruptcy  trustee  in  carrying  out  his functions under clause (d) of sub-section (1) of section 150;
(z) the manner of dealing with the surplus under sub-section (4) of section 170;
(za) the form and the manner of proof of debt under clause (c) of sub-section (2) of section 171;
(zb) the manner of receiving dividends under sub-section (7) of section 171;
(zc) the particulars which the notice shall contain under sub-section (2) of section 176;
(zd)  the salaries  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of,  the Chairperson and members of the Board under sub-section (5) of section 189;
(ze) the other functions of the Board under clause (u) of sub-section (1) of section 196;
(zf) the other funds under clause (c) of sub-section (1) of section 222;
(zg) the other purposes for which the fund shall be applied under clause (d) of sub-section (2) of section 222;
(zh)  the  form  in  which  annual  statement  of  accounts  shall  be  prepared  under sub-section  (1)  of section 223;
(zi) the purpose for which application for withdrawal of funds may be made under sub-section (3) of section 224;
(zj) the manner of administering the fund under sub-section (4) of section 224;
(zk) the manner of conducting insolvency and liquidation proceedings under section 227;
(zl) the form and the time for preparing budget by the Board under section 228;
(zm) the form and the time for preparing annual report under sub-section (1) of section 229;
(zn) the time up to which a person appointed to any office shall continue to hold such office under clause (vi) of sub-section (2) of section 243.

Back to IBC