220. (1) The Board shall constitute a disciplinary committee to consider
the reports of the investigating Authority submitted under sub-section (6)
of section 218:
Provided that the members of the disciplinary committee shall consist of
whole-time members of the Board only.
(2) On the examination of the report of the Investigating Authority, if the
disciplinary committee is satisfied that 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.