Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

Regulation 9. Claims by workmen and employees

(1)

A person claiming to be a workman or an employee of the corporate debtor shall submit ⁵⁰[claim with proof] to the interim resolution professional in person, by post or by electronic means in ⁵¹[ such form as notified by the Board through circular]: Provided that such person may submit supplementary documents or clarifications in support of the claim, on his own or if required by the interim resolution professional, before the constitution of the committee.

(2)

Where there are dues to numerous workmen or employees of the corporate debtor, an authorised representative may submit one ⁵²[claim with proof] for all such dues on their behalf in ⁵³[ such form as notified by the Board through circular].

(3)

The existence of dues to workmen or employees may be proved by them, individually or collectively on the basis of -

(a)

records available with an information utility, if any; or

(b)

other relevant documents, including -

(i)

a proof of employment such as contract of employment for the period for which such workman or employee is claiming dues;

(ii)

evidence of notice demanding payment of unpaid dues and any documentary or other proof that payment has not been made; or

(iii)

an order of a court or tribunal that has adjudicated upon the non-payment of a dues, if any.

⁵⁰ Substituted by Notification No. IBBI/2018-19/GN/REG031, dated 3rd July, 2018 (w.e.f. 04-07-2018). Before substitution the words stood as – “proof of claim”.

⁵¹ Substituted by Notification No. IBBI/2026-27/GN/REG152, dated 01st June, 2026 (w.e.f. 02-06-2026). Before substitution, the words stood as under: - “Form D of the [Schedule-I]”.

⁵² Substituted by Notification No. IBBI/2018-19/GN/REG031, dated 3rd July, 2018 (w.e.f. 04-07-2018). Before substitution the words stood as – “proof of claim”.

⁵³ Substituted by Notification No. IBBI/2026-27/GN/REG152, dated 01st June, 2026 (w.e.f. 02-06-2026). Before substitution, the words stood as under: - “Form E of the [Schedule-I]”. ⁵⁴[9A. Claims by other creditors. (1) A person claiming to be a creditor, other than those covered under ⁵⁵[regulation 7, 8, 8A or 9], shall submit ⁵⁶[its claim with proof] to the interim resolution professional or resolution professional in person, by post or by electronic means in ⁵⁷[ such form as notified by the Board through circular]. (2) The existence of the claim of the creditor referred to in sub-section (1) may be proved on the basis of – (a) the records available in an information utility, if any, or (b) other relevant documents sufficient to establish the claim, including any or all of the following:- (i) documentary evidence demanding satisfaction of the claim; (ii) bank statements of the creditor showing non-satisfaction of claim; (iii) an order of court or tribunal that has adjudicated upon non-satisfaction of claim, if any.]

Regulation 9

Text

Regulations

Previous

Next