The Insolvency and Bankruptcy Code, 2016 (Code) is a modern economic legislation. Section 240 of the Code empowers the Insolvency and Bankruptcy Board of India ( IBBI ) to make regulations subject to the conditions that the regulations: (a) carry out the provisions of the Code, (b) are consistent with the Code and the rules made thereunder; (c) are made by a notification published in the official gazette; and (d) are laid, as soon as possible, before each House of Parliament for 30 days.
The IBBI has evolved a transparent and consultative process to make regulations. It has been an endeavour of the IBBI to effectively engage stakeholders in the regulation-making process. The process generally starts with a working group making draft regulations. The IBBI puts these draft regulations out in public domain seeking comments thereon. It holds a few round tables to discuss draft regulations with the stakeholders. It takes the advice of its Advisory Committee. The process culminates with the Governing Board of the IBBI finalizing regulations and the IBBI notifies them. This process endeavors to factor in ground reality secure ownership of regulations imparts democratic legitimacy and makes regulations robust and precise, relevant to the time and for the purpose.
Public consultation enables collective choice and hence plays an important role in the evolution of regulatory framework. The participation of the public, particularly the stakeholders and the regulated, in the regulatory process ensures that the regulations are informed by the legitimate needs of those interested in and affected by regulations.
Given the importance of subordinate legislation for the processes under the Code, it is essential that the IBBI has a structured, robust mechanism, which includes effective engagement with the stakeholders, for making regulations. In fact, section 196 (1) (s) of the Code requires the IBBI to specify mechanisms for issuing regulations, including the conduct of public consultation processes, before notification of regulations.
In sync with this philosophy and the statutory requirement, the IBBI proposes to make regulations to govern the process of making regulations and consulting the public. The IBBI invites comments from the public, including the stakeholders and the regulated, on the draft Insolvency and Bankruptcy Board of India (Mechanism for Issuing Regulations), Regulations, 2018 which is annexed to this press release and also available at www.ibbi.gov.in. A cost-benefit analysis of the draft regulations is appended at the end of the draft regulations.
The comments may be e-mailed at feedback@ibbi.gov.in by 31st March 2018, with subject line “Mechanism for Issuing Regulations”.
