Constitution of Board
Section 189 of the Insolvency and Bankruptcy Code, 2016 deals with constitution of Board. The Board shall consist of the following members who shall be appointed by the Central Government, namely:— (a) a Chairperson; The Act was enacted on 28 May 2016.
(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.
Section 189, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Made under this section, and citing it
10 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- IBBI (Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members) Second Amendment Rules, 2019Rule 2019
- IBBI (Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members) Third Amendment Rules, 2019Rule 2019
- IBBI (Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members) Third Amendment Rules, 2019Rule 2019
- IBBI (Salary,Allowance and other Terms and Conditions of Service of Chairperson and Members) Second Amendment Rules,2019Regulation 2019
- IBBI (Salary,Allowance and other Terms and Conditions of Service of Chairperson and Members) Third Amendment Rules,2019.pdfRegulation 2019
- IBBI (Salary, Allowances and other Terms and Conditions of Services of Chairperson and Members) Second Amendment Rules, 2018Rule 2018
- The IBBI (Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members) Amendment Rules, 2018Rule 2018
- Appointment of Ms Suman Saxena, Dr Navrang Saini and Dr Mukulita Vijayawargiya as whole-time members in Insolvency and Bankruptcy Board of India.Notification 2017
- Constitution of Insolvency and Bankruptcy Board of India and appointment of Shri M S Sahoo as Chairperson of IBBINotification 2016
- Insolvency and Bankruptcy Board of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and members) Rules, 2016Rule 2016
Another 6 instruments name this provision in its title or its text without being made under it.
- IBBI (Mechanism for Issuing Regulations) Regulations, 2018Regulation 2018
- Appointment of Sh. Shashank Saksena as Ex-officio Member of IBBIOrder 2017
- Insolvency and Bankruptcy Board of India( Procedure For Governing Boards Meetings) Regulations, 2017.Regulation 2017
- Insolvency and Bankruptcy Code (Removal of Difficulties) Order, 2017Order 2017
- Order of Constitution of Insolvency Law Committee.Order 2017
- Appointment of Ex-officio Members of Insolvency and Bankruptcy Board of IndiaOrder 2016
Questions about Section 189
What does Section 189 of the Insolvency and Bankruptcy Code deal with?
Section 189 of the Insolvency and Bankruptcy Code is headed "Constitution of Board". The Board shall consist of the following members who shall be appointed by the Central Government, namely:— (a) a Chairperson;
How do I find court cases under Section 189 of the Insolvency and Bankruptcy Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 189, section 189 Insolvency and Bankruptcy Code, section 189 of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 189 of the Insolvency and Bankruptcy Code, and has it changed?
1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 10: most recently IBBI (Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members) Second Amendment Rules, 2019 (2019), then IBBI (Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members) Third Amendment Rules, 2019 (2019), and 8 more.
When was Section 189 of the Insolvency and Bankruptcy Code enacted?
Section 189 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 189, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.
Other sections of this Act
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- 5. Definitions2326 words
- 3. Definitions1381 words
- 29A. Person not eligible to be resolution applicant1152 words
- 239. Power to make rules963 words
- 196. Powers and functions of Board942 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.