Section 191 of the Insolvency and Bankruptcy Code, 2016: Powers of Chairperson
Section 191 defines the general authority of the Chairperson of the Insolvency and Bankruptcy Board of India. Subject to what may otherwise be determined by regulations, the Chairperson has powers of general superintendence and direction over the affairs of the Board and may exercise additional powers delegated by the Board.
Section 191 - Statutory Provision
Save as otherwise determined by regulations, the Chairperson shall have powers of general superintendence and direction of the affairs of the Board and may also exercise such other powers as may be delegated to him by the Board.
Meaning and Scope of Section 191
Section 191 concerns the institutional powers of the Chairperson of the Insolvency and Bankruptcy Board of India, commonly referred to as the IBBI or the Board. The provision operates within the statutory framework governing the establishment, constitution and functioning of the Board.
General Superintendence
The expression "general superintendence" indicates the Chairperson's overarching supervisory authority over the affairs of the Board, subject to the Code and any regulations that determine otherwise. It supports institutional oversight and administration of the Board's affairs.
Direction of the Affairs of the Board
Section 191 also places the general direction of the Board's affairs with the Chairperson. This authority is not expressed as unlimited: the opening words "Save as otherwise determined by regulations" make the exercise of the statutory power subject to applicable regulatory provisions.
Delegated Powers
In addition to the powers expressly stated in Section 191, the Chairperson may exercise other powers delegated by the Board. Such authority therefore arises from a valid delegation by the Board and is exercised within the framework of the Insolvency and Bankruptcy Code and applicable regulations.
Relationship with Other IBC Provisions
Section 188: Establishes and incorporates the Insolvency and Bankruptcy Board of India.
Section 189: Provides for the constitution of the Board, including appointment and tenure of its Chairperson and members.
Section 190: Specifies grounds on which the Central Government may remove a member from office.
Section 192: Governs meetings of the Board.
Section 196: Sets out the powers and functions of the Board.
Section 240: Confers power on the Board to make regulations, subject to the Code and the conditions stated in that provision.
Practical Effect of Section 191
The provision separates the Chairperson's general supervisory and directional role from the statutory powers and functions conferred on the Board itself. It also allows the Board to delegate additional powers to the Chairperson where appropriate, while preserving the effect of regulations governing the exercise of such authority.
Official Legal Resources
India Code - Central Acts and Legislation