Power to make rules
Section 239 of the Insolvency and Bankruptcy Code, 2016 deals with power to make rules. The Central Government may, by notification, make rules for carrying out the provisions of this Code. The Act was enacted on 28 May 2016.
(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;
1[(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;
2[(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;]
3 [(fd) the form, particulars, manner and fee for making application before the Adjudicating Authority under sub-section (2) of section 54C;
(fe) the conditions and restrictions with which the promoters, members, personnel and partners of the corporate debtor shall exercise and discharge contractual or statutory rights and obligations under clause (c) of section 54H;]
(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)@/i 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.
Section 239, 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.
This section refers to
- s. 3 Definitions
- s. 5 Definitions
- s. 7 Initiation of corporate insolvency resolution process by financial creditor
- s. 8 Insolvency resolution by operational creditor
- s. 9 Application for initiation of corporate insolvency resolution process by operational creditor
- s. 10 Initiation of corporate insolvency resolution process by corporate applicant
- s. 21 Committee of creditors
- s. 29A Person not eligible to be resolution applicant
- s. 54C Application to initiate pre-packaged insolvency resolution process
- s. 54H Management of affairs of corporate debtor
- s. 79 Definitions
- s. 81 Application for fresh start order
- s. 86 Objections by creditor and their examination by resolution professional
- s. 94 Application by debtor to initiate insolvency resolution process
- s. 95 Application by creditor to initiate insolvency resolution process
- s. 103 Registering of claims by creditors
- s. 122 Application by debtor
- s. 123 Application by creditor
- s. 129 Statement of financial position
- s. 130 Public notice inviting claims from creditors
- s. 131 Registration of claims
- s. 141 Restrictions on bankrupt
- s. 150 Duties of bankrupt towards bankruptcy trustee
- s. 170 Administration of estate of deceased bankrupt
- s. 171 Proof of debt
- s. 176 Final dividend
- s. 189 Constitution of Board
- s. 196 Powers and functions of Board
- s. 222 Board’s Fund
- s. 223 Accounts and audit
Made under this section, and citing it
20 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.
- The Insolvency and Bankruptcy (Application to Adjudicating Authority) (Amendment) Rules, 2020Rule 2020
- The Insolvency and Bankruptcy Board of India (Annual Report) Amendment Rules, 2020Rule 2020
- 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
- Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019 dated 15.11.2019Rule 2019
- Insolvency and Bankruptcy (Insolvency and Bankruptcy Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019 dated 15.11.2019Rule 2019
- Notification of provisions under the Insolvency and Bankruptcy Code, 2016 relating to Personal Guarantors to Corporate Debtor (dated 15.11.2019)Notification 2019
- The Insolvency and Bankruptcy (Application to Adjudicating Authority) Amendment Rules, 2019Rule 2019
- The Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (upto 19-03-2019)Rule 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
- The Insolvency and Bankruptcy Board of India (Annual Report) Rules, 2018Rule 2018
- The Insolvency and Bankruptcy Board of India (Form of Annual Statement of Accounts) Rules, 2018Rule 2018
- Commencement of Sections under Chapter II, Chapter VII of Part IV and sections under Part VNotification 2016
- Commencement of Sections under Chapter VII of Part IV and sections under Part V of the CodeNotification 2016
- Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016Rule 2016
- Insolvency and Bankruptcy Board of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and members) Rules, 2016Rule 2016
Another 1 instrument names this provision in its title or its text without being made under it.
Questions about Section 239
What does Section 239 of the Insolvency and Bankruptcy Code deal with?
Section 239 of the Insolvency and Bankruptcy Code is headed "Power to make rules". The Central Government may, by notification, make rules for carrying out the provisions of this Code.
How do I find court cases under Section 239 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 239, section 239 Insolvency and Bankruptcy Code, section 239 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 239 of the Insolvency and Bankruptcy Code, and has it changed?
Its own text turns on section 3 (Definitions), section 5 (Definitions), section 7 (Initiation of corporate insolvency resolution process by financial creditor), section 8 (Insolvency resolution by operational creditor), and on 26 further provisions, so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there are 20: most recently The Insolvency and Bankruptcy (Application to Adjudicating Authority) (Amendment) Rules, 2020 (2020), then The Insolvency and Bankruptcy Board of India (Annual Report) Amendment Rules, 2020 (2020), and 18 more.
When was Section 239 of the Insolvency and Bankruptcy Code enacted?
Section 239 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 239, 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
- 240. Power to make regulations2349 words
- 5. Definitions2326 words
- 3. Definitions1381 words
- 29A. Person not eligible to be resolution applicant1152 words
- 196. Powers and functions of Board942 words
- 54K. Consideration and approval of resolution plan915 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 16 Oct 2026. This page is not a substitute for legal advice.