IBC Section 220: Appointment of disciplinary committee

Section 220 of Insolvency and Bankruptcy Code, 2016: Appointment of disciplinary committee

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Board shall constitute a disciplinary committee to consider the reports of the investigating Authority submitted under sub-section (6) of section 218:

Provided that the members of the disciplinary committee shall consist of whole-time members of the Board only.

(2) On the examination of the report of the Investigating Authority, if the disciplinary committee is satisfied that sufficient cause exists, it may impose penalty as specified in sub-section (3) or suspend or cancel the registration of the insolvency professional or, suspend or cancel the registration of insolvency professional agency or information utility as the case may be.

(3) Where any insolvency professional agency or insolvency professional or an information utility has contravened any provision of this Code or rules or regulations made thereunder, the disciplinary committee may impose penalty which shall be-

(i) three times the amount of the loss caused, or likely to have been caused, to persons concerned on account of such contravention; or

(ii) three times the amount of the unlawful gain made on account of such contravention, whichever is higher:

Provided that where such loss or unlawful gain is not quantifiable, the total amount of the penalty imposed shall not exceed more than one crore rupees.

(4) Notwithstanding anything contained in sub-section (3), the Board may direct any person who has made unlawful gain or averted loss by indulging in any activity in contravention of this Code, or the rules or regulations made thereunder, to disgorge an amount equivalent to such unlawful gain or aversion of loss.

(5) The Board may take such action as may be required to provide restitution to the person who suffered loss on account of any contravention from the amount so disgorged, if the person who suffered such loss is identifiable and the loss so suffered is directly attributable to such person.

(6) The Board may make regulations to specify-

(a) the procedure for claiming restitution under sub-section (5);

(b) the period within which such restitution may be claimed; and

(c) the manner in which restitution of amount may be made.

Legal Commentary & Landmark Judgments: Section 220

Section 220 provides for the constitution and powers of the Disciplinary Committee of the Board to adjudicate show cause notices and impose statutory penalties.

Constitution of Disciplinary Committee: Consists of whole-time members of the Board constituted to consider investigation reports and responses to show cause notices.
Punitive Powers: Empowered to suspend or cancel the registration of an IPA, IP, or IU, or impose monetary penalties equivalent to three times the unlawful gain or prescribed limits.
Statutory Appeal to NCLAT: Any person aggrieved by an order of the Disciplinary Committee may appeal to the National Company Law Appellate Tribunal within thirty days.

Key Landmark Precedents:

Dilip B. Jiwrajka v. Union of India (2024) 5 SCC 436: The Supreme Court affirmed that the Disciplinary Committee under Section 220 functions as a specialized quasi-judicial tribunal whose orders are subject to statutory appeal before the NCLAT.
Swiss Ribbons Pvt. Ltd. v. Union of India (2019) 4 SCC 17: Held that robust disciplinary adjudication under Section 220 ensures market confidence in insolvency administrators.

Courtroom Practice & Strategic Litigation Guidance:

If a Disciplinary Committee imposes suspension or debarment, an immediate appeal under Section 220(6) must be filed before the NCLAT along with an urgent stay application to preserve the professional's ongoing assignments.