Section 239: Power to Make Rules under the Insolvency and Bankruptcy Code, 2016

Section 239 of the Insolvency and Bankruptcy Code, 2016 (IBC) confers rule-making power on the Central Government. The rules are made by notification and operate within the framework of the Code.

Text of Section 239 - Power to make rules

(1) The Central Government may, by notification, make rules for carrying out the purposes 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:

1. (a) any other instrument which shall be a financial product under clause (15) of section 3;
2. (b) other accounting standards which shall be a financial debt under clause (d) of sub-section (8) of section 5;
3. (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;
4. (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;
5. (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;
6. (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;
7. (fa) the transactions under the second proviso to sub-section (2) of section 21;
8. (fb) the transactions under Explanation I to clause (c) of section 29A;
9. (fc) the transactions under the second proviso to clause (j) of section 29A;
10. (fd) the form, particulars, manner and fee for making application before the Adjudicating Authority under sub-section (2) of section 54C;
11. (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;
12. (ff) the conditions under sub-section (1) of section 58B;
13. (fg) the fee for filing an objection under sub-section (1) of section 58C;
14. (fh) the manner and conditions under sub-section (1) of section 59A;
15. (g) the persons who shall be relative under clause (ii) of the Explanation to sub-section (1) of section 79;
16. (h) the value of unencumbered single dwelling unit owned by the debtor under clause (e) of sub-section (13) of section 79;
17. (i) the value under clause (c), and any other debt under clause (f), of sub-section (14) of section 79;
18. (j) the form, the manner and the fee for making application for fresh start order under sub-section (3) of section 81;
19. (k) the particulars of the debtor's personal details under clause (e) of sub-section (3) of section 81;
20. (l) the information and documents to support application under sub-section (3) of section 86;
21. (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;
22. (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;
23. (o) the particulars to be provided by the creditor to the resolution professional under sub-section (2) of section 103;
24. (p) the form and the manner for making application for bankruptcy by the debtor under clause (b) of sub-section (1) of section 122;
25. (q) the form and the manner of the statement of affairs of the debtor under sub-section (3) of section 122;
26. (r) the other information under clause (d) of sub-section (1) of section 123;
27. (s) the form, the manner and the fee for making application for bankruptcy under sub-section (6) of section 123;
28. (t) the form and the manner in which statement of financial position shall be submitted under sub-section (2) of section 129;
29. (u) the matters and the details which shall be included in the public notice under sub-section (2) of section 130;
30. (v) the matters and the details which shall be included in the notice to the creditors under sub-section (3) of section 130;
31. (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;
32. (x) the value of financial or commercial transaction under clause (d) of sub-section (1) of section 141;
33. (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;
34. (z) the manner of dealing with the surplus under sub-section (4) of section 170;
35. (za) the form and the manner of proof of debt under clause (c) of sub-section (2) of section 171;
36. (zb) the manner of receiving dividends under sub-section (7) of section 171;
37. (zc) the particulars which the notice shall contain under sub-section (2) of section 176;
38. (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;
39. (ze) the other functions of the Board under clause (u) of sub-section (1) of section 196;
40. (zf) the other funds under clause (c) of sub-section (1) of section 222;
41. (zg) the other purposes for which the fund shall be applied under clause (d) of sub-section (2) of section 222;
42. (zh) the form in which annual statement of accounts shall be prepared under sub-section (1) of section 223;
43. (zi) the other sources of amounts to be credited to the Insolvency and Bankruptcy Fund under clause (e) of sub-section (2) of section 224;
44. (zia) the purposes under clause (a) of sub-section (3) of section 224;
45. (zib) the other purposes and the manner under clause (b) of sub-section (3) of section 224;
46. (zj) the manner of administering the fund under sub-section (4) of section 224;
47. (zk) the manner of conducting insolvency and liquidation proceedings under section 227;
48. (zl) the form and the time for preparing budget by the Board under section 228;
49. (zm) the form and the time for preparing annual report under sub-section (1) of section 229;
50. (zma) the manner and conditions under sub-section (1) of section 240C;
51. (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.

Meaning and scope of Section 239

Section 239 is a delegated legislation provision. Parliament has enacted the IBC and, through this section, authorises the Central Government to prescribe procedural and administrative details by rules. Sub-section (1) contains the general rule-making authority, while sub-section (2) identifies specific subjects on which rules may be framed without limiting the general power in sub-section (1).

For corporate insolvency, the provision covers prescribed forms, manner and fees for applications under sections 7, 9 and 10 and also matters connected with pre-packaged insolvency resolution. For individuals and personal guarantors, it covers prescribed matters relating to fresh start, insolvency resolution and bankruptcy processes. It also covers specified administrative matters concerning the Insolvency and Bankruptcy Board of India and the Insolvency and Bankruptcy Fund.

Section 239 and Section 240

Section 239 concerns rules made by the Central Government. Section 240 separately empowers the Insolvency and Bankruptcy Board of India to make regulations, subject to the Code and the rules made under it. The distinction is important when identifying the legal source of a procedural requirement under the IBC.

Official legal resources

This page is intended as a statutory reference. For proceedings, filings or compliance, verify the applicable commencement notification, rules, regulations and amendments in force on the relevant date.