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INSOLVENCY AND BANKRUPTCY CODE, 2016
w w w .
L
a w y e r
S
e r v i c e s . i n
Section
Section Title
INTRODUCTION
1
Short title, extent and commencement
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2
Application
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3
Definitions
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4
Application of this Part
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5
Definitions
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6
Persons who may initiate corporate insolvency resolution process
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7
Initiation of corporate insolvency resolution process by financial creditor
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8
Insolvency resolution by operational creditor
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9
Application for initiation of corporate insolvency resolution process by operational creditor
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10
Initiation of corporate insolvency resolution process by corporate applicant
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11
Persons not entitled to make application
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12
Time-limit for completion of insolvency resolution process
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13
Declaration of moratorium and public announcement
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14
Moratorium
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15
Public announcement of corporate insolvency resolution process
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16
Appointment and tenure of interim resolution professional
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17
Management of affairs of corporate debtor by interim resolution professional
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18
Duties of interim resolution professional
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19
Personnel to extend cooperation to interim resolution professional
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20
Management of operations of corporate debtor as going concern
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21
Committee of creditors
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22
Appointment of resolution professional
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23
Resolution professional to conduct corporate insolvency resolution process
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24
Meeting of committee of creditors
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25
Duties of resolution professional
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26
Application for avoidance of transactions not to affect proceedings
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27
Replacement of resolution professional by committee of creditors
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28
Approval of committee of creditors for certain actions
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29
Preparation of information memorandum
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30
Submission of resolution plan
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31
Approval of resolution plan
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32
Appeal
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33
Initiation of liquidation
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34
Appointment of liquidator and fee to be paid
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35
Powers and duties of liquidator
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36
Liquidation estate
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37
Powers of liquidator to access information
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38
Consolidation of claims
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39
Verification of claims
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40
Admission or rejection of claims
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41
Determination of valuation of claims
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42
Appeal against the decision of liquidator
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43
Preferential transactions and relevant time
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44
Orders in case of preferential transactions
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45
Avoidance of undervalued transactions
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46
Relevant period for avoidable transactions
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47
Application by creditor in cases of undervalued transactions
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48
Order in cases of undervalued transactions
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49
Transactions defrauding creditors
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50
Extortionate credit transactions
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51
Orders of Adjudicating Authority in respect of extortionate credit transactions
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52
Secured creditor in liquidation proceedings
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53
Distribution of assets
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54
Dissolution of corporate debtor
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55
Fast track corporation insolvency resolution process
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56
Time period for completion of fast track corporate insolvency resolution process
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57
Manner of initiating fast track corporate insolvency resolution process
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58
Applicability of Chapter II to this Chapter
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59
Voluntary liquidation of corporate persons
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60
Adjudicating Authority for corporate persons
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61
Appeals and Appellate Authority
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62
Appeal to Supreme Court
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63
Civil court not to have jurisdiction
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64
Expeditious disposal of applications
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65
Fraudulent or malicious intiation of proceedings
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66
Fraudulent trading or wrongful trading
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67
Proceedings under section 66
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68
Punishment for concealment of property
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69
Punishment for transactions defrauding creditors
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70
Punishment for misconduct in course of corporate insolvency resolution process
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71
Punishment for falsification of books of corporate debtor
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72
Punishment for wilful and material omissions from statements relating to affairs of corporate debtor
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73
Punishment for false representations to creditors
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74
Punishment for contravention of moratorium or the resolution plan
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75
Punishment for false information furnished in application
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76
Punishment for nondisclosure of dispute or repayment of debt by operational creditor
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77
Punishment for providing false information in application made by corporate debtor
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78
Application
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79
Definitions
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80
Eligibility for making an application
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81
Application for fresh start order
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82
Appointment of resolution professional
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83
Examination of application by resolution professional
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84
Admission or rejection of application by Adjudicating Authority
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85
Effect of admission of application
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86
Objections by creditor and their examination by resolution professional
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87
Application against decision of resolution professional
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88
General duties of debtor
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89
Replacement of resolution professional
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90
Directions for compliances of restrictions, etc
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91
Revocation of order admitting application
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92
Discharge order
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93
Standard of conduct
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94
Application by debtor to initiate insolvency resolution process
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95
Application by creditor to initiate insolvency resolution process
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96
Interim-moratorium
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97
Appointment of resolution professional
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98
Replacement of resolution professional
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99
Submission of report by resolution professional
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100
Admission or rejection of application
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101
Moratorium
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102
Public notice and claims from creditors
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103
Registering of claims by creditors
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104
Preparation of list of creditors
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105
Repayment plan
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106
Report of resolution professional on repayment plan
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107
Summoning of meeting of creditors
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108
Conduct of meeting of creditors
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109
Voting rights in meeting of creditors
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110
Rights of secured creditors in relation to repayment plan
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111
Approval of repayment plan by creditors
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112
Report of meeting of creditors on repayment plan
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113
Notice of decisions taken at meeting of creditors
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114
Order of Adjudicating Authority on repayment plan
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115
Effect of order of Adjudicating Authority on repayment plan
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116
Implementation and supervision of repayment plan
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117
Completion of repayment plan
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118
Repayment plan coming to end prematurely
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119
Discharge order
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120
Standard of conduct
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121
Application for bankruptcy
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122
Application by debtor
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123
Application by creditor
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124
Effect of application
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125
Appointment of insolvency professional as bankruptcy trustee
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126
Bankruptcy order
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127
Validity of bankruptcy order
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128
Effect of bankruptcy order
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129
Statement of financial position
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130
Public notice inviting claims from creditors
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131
Registration of claims
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132
Preparation of list of creditors
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133
Summoning of meeting of creditors
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134
Conduct of meeting of creditors
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135
Voting rights of creditors
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136
Administration and distribution of estate of bankrupt
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137
Completion of administration
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138
Discharge order
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139
Effect of discharge
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140
Disqualification of bankrupt
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141
Restrictions on bankrupt
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142
Modification or recall of bankruptcy order
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143
Standard of conduct
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144
Fees of bankruptcy trustee
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145
Replacement of bankruptcy trustee
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146
Resignation by bankruptcy trustee
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147
Vacancy in office of bankruptcy trustee
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148
Release of bankruptcy trustee
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149
Functions of bankruptcy trustee
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150
Duties of bankrupt towards bankruptcy trustee
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151
Rights of bankruptcy trustee
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152
General powers of bankruptcy trustee
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153
Approval of creditors for certain acts
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154
Vesting of estate of bankrupt in bankruptcy trustee
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155
Estate of bankrupt
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156
Delivery of property and documents to bankruptcy trustee
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157
Acquisition of control by bankruptcy trustee
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158
Restrictions on disposition of property
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159
After-acquired property of bankrupt
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160
Onerous property of bankrupt
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161
Notice to disclaim onerous property
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162
Disclaimer of leaseholds
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163
Challenge against disclaimed property
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164
Undervalued transactions
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165
Preference transactions
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166
Effect of order
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167
Extortionate credit transactions
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168
Obligations under contracts
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169
Continuance of proceedings on death of bankrupt
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170
Administration of estate of deceased bankrupt
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171
Proof of debt
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172
Proof of debt by secured creditors
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173
Mutual credit and set-off
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174
Distribution of interim dividend
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175
Distribution of property
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176
Final dividend
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177
Claims of creditors
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178
Priority of payment of debts
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179
Adjudicating Authority for individuals and partnership firms
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180
Civil court not to have jurisdiction
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181
Appeal to Debt Recovery Appellate Tribunal
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182
Appeal to Supreme Court
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183
Expeditious disposal of applications
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184
Punishment for false information, etc., by creditor in insolvency resolution process
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185
Punishment for contravention of provisions
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186
Punishment for false information, concealment, etc., by bankrupt
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187
Punishment for certain actions
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188
Establishment and incorporation of Board
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189
Constitution of Board
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190
Removal of member from office
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191
Powers of Chairperson
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192
Meetings of Board
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193
Member not to participate in meetings in certain cases
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194
Vacancies, etc., not to invalidate proceedings of Board, Officers and employees of Board
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195
Power to designate financial sector regulator
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196
Powers and functions of Board
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197
Constitution of advisory committee, executive committee or other committee
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198
Condonation of delay
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199
No person to function as insolvency professional agency without valid certificate of registration
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200
Principles governing registration of insolvency professional agency
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201
Registration of insolvency professional agency
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202
Appeal to National Company Law Appellate Tribunal
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203
Governing Board of insolvency professional agency
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204
Functions of insolvency professional agencies
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205
Insolvency professional agencies to make bye-laws
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206
Enrolled and registered persons to act as insolvency professionals
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207
Registration of insolvency professionals
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208
Functions and obligations of insolvency professionals
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209
No person to function as information utility without certificate of registration
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210
Registration of information utility
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211
Appeal to National Company Law Appellate Tribunal
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212
Governing Board of information utility
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213
Core services, etc., of information utilities
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214
Obligations of information utility
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215
Procedure for submission, etc., of financial information
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216
Rights and obligations of persons submitting financial information
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217
Complaints against insolvency professional agency or its member or information utility
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218
Investigation of insolvency professional agency or its member or information utility
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219
Show cause notice to insolvency professional agency or its member or information utility
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220
Appointment of disciplinary committee
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221
Grants by Central Government
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222
Board's Fund
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223
Accounts and audit
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224
Insolvency and Bankruptcy Fund
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225
Power of Central Government to issue directions
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226
Power of Central Government to supersede Board
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227
Power of Central Government to notify financial service providers, etc
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228
Budget
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229
Annual report
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230
Delegation
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231
Bar of jurisdiction
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232
Members, officers and employees of Board to the public servants
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233
Protection of action taken in good faith
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234
Agreements with foreign countries
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235
Letter of request to a country outside India in certain cases
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236
Trial of offences by Special Court
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237
Appeal and revision
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238
Provisions of this Code to override other laws
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239
Power to make rules
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240
Power to make regulations
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241
Rules and regulations to be laid before Parliament
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242
Power to remove difficulties
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243
Repeal of certain enactments and savings
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244
Transitional provisions
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245
Amendments of Act 9 of 1932
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246
Amendments of Act 1 of 1944
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247
Amendments of Act 43 of 1961
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248
Amendments of Act 52 of 1962
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249
Amendments of Act 51 of 1993
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250
Amendments of Act 32 of 1994
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251
Amendments of Act 54 of 2002
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252
Amendments of Act 1 of 2004
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253
Amendments of Act 51 of 2007
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254
Amendments of Act 6 of 2009
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255
Amendments of Act 18 of 2013
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SCHEDULE I
SCHEDULE II
SCHEDULE III
SCHEDULE IV
SCHEDULE V
SCHEDULE VI
SCHEDULE VII
SCHEDULE VIII
SCHEDULE IX
SCHEDULE X
SCHEDULE XI
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