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.
Insolvency and Bankruptcy Code 2016
Section 211 Appeal to National Company Law Appellate Tribunal
Section 212 Governing Board of information utility
Section 213 Core services, etc., of information utilities
Section 214 Obligations of information utility
Section 215 Procedure for submission, etc., of financial information
Section 216 Rights and obligations of persons submitting financial information
Section 217 Complaints against insolvency professional agency or its member or information utility
Section 218 Investigation of insolvency professional agency or its member or information utility
Section 219 Show cause notice to insolvency professional agency or its member or information utility