Regulation 9A - Managing director - Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017

1[9A. Managing director. (1) An information utility shall, subject to the guidelines issued by the Board from time to time, determine the qualification and experience, manner of appointment, terms and conditions of appointment and other procedural formalities associated with the selection and appointment of the managing director, subject to the condition that- (a) an individual shall be selected as managing director through an open advertisement in all editions of at least one national daily newspaper; (b) an individual at the time joining as managing director shall not be above the age of fifty-five years, which may be relaxed by the Governing Board up to sixty years, after recording reasons therefor; and (c) an individual shall not serve as managing director after he has attained the age of sixty-five years. (2) The appointment of an individual as the managing director shall be for a tenure of not less than three years but not exceeding five years. (3) An individual may serve as managing director for a maximum of two terms. (4) The process of appointment for the second term as managing director shall be conducted afresh. (5) The appointment and remuneration payable to the managing director shall be approved by a compensation committee constituted by the Governing Board. (6) The appointment, renewal of appointment and termination of service of the managing director shall be subject to prior approval of the Board. (7) The managing director shall be liable for removal or termination of services by the Governing Board, with the prior approval of the Board, for failure to give effect to the directions, guidelines and other orders issued by the Governing Board or the Board, or the rules, the articles of association or bye-laws of the information utility or on the ground of misconduct or incapacity to continue in office. (8) The Board may suo motu remove or terminate the services of the managing director, if it deems fit, in the interest of stakeholders of the insolvency resolution process or in the public interest, after giving a reasonable opportunity of being heard. ] ************* Notes:- 1. Inserted vide Notification No. IBBI/2018-19/GN/REG34 dated 11-10-2018