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The Small Industries Development Bank of India Act, 1989
Act ID: 1989
The Small Industries Development Bank of India Act, 1989
"An Act to establish the Small Industries Development Bank of India."
Table of Contents
54 Sections
Ch. IP
reliminary
S.1
Short title, extent and commencement .-(1) This Act may be called The Small Industries Development Bank of India Act, 1989
S.2
Definitions .-In this Act, unless the context otherwise requires,
S.7
Share capital
S.10
Board of Directors
S.11
Meetings
S.17
Business of the Bank
S.18
Borrowing powers
S.23
Fund
S.26
Accounts and audit
S.27
Annual report
S.31
Staff
S.34
Penalties
S.35
Offences by companies
S.45
[Omitted]
S.48
[Omitted]
S.49
[Omitted]
S.50
[Omitted]
S.53
[Omitted]
Ch. IIE
stablishment Of The Small Industries Development Bank Of India And Capital Thereof
S.3
Establishment and incorporation of Small Industries Development Bank of India .-(1) With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a corporation to be known as the Small Industries Development Bank of India
S.4
[ Authorised capital
Ch. IIIMa
nagement Of The Small Industries Bank
S.5
[ Management
S.6
Constitution of Board .-(1) The Board shall consist of the following, namely:
S.8
[ Disqualifications of Directors
S.9
Vacation and resignation of office by Directors .-(1) The office of a Director shall become vacant if he
S.12
[ Executive Committee and other Committees
Ch. IVB
usiness Of The Small Industries Bank
S.13
Business of Small Industries Bank .-(1) The Small Industries Bank shall function as the principal financial institution for the promotion, financing and development of industrial concerns in the small-scale sector and shall also co-ordinate the functions of institutions engaged in promoting, financing and developing the industrial concerns in the small-scale sector and may carry on and transact any of the following business, namely:
S.14
Loans by Central Government .-The Central Government may, after due appropriation made by Parliament by law in this behalf, advance to the Small Industries Bank
S.15
Borrowings and acceptance of deposits by the Small Industries Bank .-(1) The Small Industries Bank may, for the purpose of carrying out its functions under this Act,
S.16
[ Investment
S.19
Loans in foreign currency .-(1) Notwithstanding anything contained in the [Foreign Exchange Regulation Act, 1973 (46 of 1973)], or in any other enactment for the time being in force relating to foreign exchange, the Small Industries Bank may for the purposes of granting loans and advances under this Act, borrow, with the previous consent of the Central Government [* * *] [[The words " and the Development Bank" omitted by Act 7 of 2000, Section 11 (w.e.f. 27.3.2000)
S.20
Section 20
Ch. VS
mall Industries Development Assistance Fund
S.21
Small Industries Development Assistance Fund .-(1) With effect from such date as the Central Government may, by notification, appoint, the Small Industries Bank shall establish and maintain, a special fund to be called the Small Industries Development Assistance Fund
S.22
Credits to Small Industries Development Assistance Fund .-To the Small Industries Development Assistance Fund shall be credited
S.24
Debits to Small Industries Development Assistance Fund .-(1) To the Small Industries Development Assistance Fund shall be debited
S.25
Accounts and audit of Small Industries Development Assistance Fund .-(1) The balance-sheet and accounts of Small Industries Development Assistance Fund shall be prepared in such form and manner as may be prescribed
Ch. VIS
mall Industries General Fund, Accounts And Audit
S.28
Preparation of accounts and balance-sheet .-(1) The balance-sheet and accounts of the Small Industries Bank shall be prepared in such form and manner as may be prescribed
S.29
Disposal of profits accruing to Small Industries General Fund .-(1) The Small Industries Bank may establish a reserve fund to which may be transferred such sums as the Bank may deem fit out of the annual profits accruing to the Small Industries General Fund
S.30
Audit .- [(1) The accounts of the Small Industries Bank shall be audited by auditors duly qualified to act as auditors under sub-section (1) of section 226 of the Companies Act, 1956 (1 of 1956), who shall be appointed by the Small Industries Bank in general meeting of the shareholders out of the panel of auditors approved by the Reserve Bank for such term and on such remuneration as the Reserve Bank may fix.]
Ch. VIIT
ransfer Of Part Of Business Of Development Bank
S.32
Transfer of part of business of Development Bank .-(1) On such date as the Central Government may, by notification, appoint, the business, assets and liabilities, rights, interests, privileges and obligations of the Development Bank relating to the Small Industries Development Fund and the National Equity Fund (hereinafter in this section referred to as Fund) shall stand transferred to, and vest in, the Small Industries Bank
Ch. VIIIMis
cellaneous
S.33
Staff of Small Industries Bank .-(1) The Small Industries Bank may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service
S.36
Obligations as to fidelity and secrecy .-(1) The Small Industries Bank shall not, except as otherwise required by this Act or any other law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers necessary or appropriate for the Small Industries Bank to divulge such information
S.37
Defects in appointment not to invalidate acts, etc .-(1) No act or proceeding of the Board or of any Committee of the Small Industries Bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board or the committee, as the case may be
S.38
Rights of Small Industries Bank in case of default .-(1) Where any industrial concern in the small-scale sector, which is under a liability to the Small Industries Bank under an agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to any guarantee given by the Small Industries Bank or otherwise fails to comply with the terms of its agreement, with the Small Industries Bank, the Small Industries Bank shall have the right to take over the management, or possession, or both of such industrial concern in the small-scale sector, as well as the right to transfer by way of lease or sale and realise the property pledged, mortgaged, hypothecated or assigned to the Small Industries Bank
S.39
Power to seek assistance of Chief Metropolitan Magistrate or District Magistrate .-(1) Where any property, effects or actionable claims are sold or leased in pursuance of any power conferred by section 38, the Small Industries Bank or any other person authorised by it may, for the purpose of taking into custody or under control any such property, effects or actionable claims, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such property, effects, actionable claims, books of account or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or the District Magistrate shall, on such request being made to him,
S.40
Power to call for repayment before agreed period .-Notwithstanding anything in any agreement to the contrary, the Small Industries Bank may, by notice in writing, require any industrial concern in the small-scale sector to which it has granted any loan or advance to discharge forthwith in full its liabilities to the Small Industries Bank,
S.41
Special provisions for enforcement of claims by Small Industries Bank .-(1) Where an industrial concern in the small-scale sector, in breach of any agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to any guarantee given by the Small Industries Bank or otherwise fails to comply with the terms of its agreement with that Bank, or where the Small Industries Bank requires any industrial concern in the small-scale sector to make repayment of any loan or advance under section 40 and such industrial concern fails to make such repayment, then, without prejudice to the provisions of section 38 of this Act and section 69 of the Transfer of Property Act, 1882 (4 of 1882), any officer of that Bank, generally or specially authorised by that Bank in this behalf, may apply to the Court for one or more of the following reliefs, namely:
S.42
Small Industries Bank to have access to records .-(1) The Small Industries Bank shall have free access to all such records of any institution which seeks to avail of any credit facilities from the Small Industries Bank and to all such records of any such person who seeks to avail of any credit facilities from such institution, perusal whereof may appear to the Small Industries Bank to be necessary in connection with the providing of finance or other assistance to such institution or the refinancing of any loan or advance made to such person by the borrowing institution
S.43
Validity of loan or advance not to be questioned .-Notwithstanding anything to the contrary contained in any other law for the time being in force, the validity of any loan or advance granted by the Small Industries Bank in pursuance of the provisions of this Act shall not be called in question merely on the ground of non-compliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrument:
S.44
Indemnity of directors .-(1) Every Director shall be indemnified by the Small Industries Bank against all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default
S.46
Nomination by depositors or holders of bonds or other securities .-(1) Notwithstanding anything contained in any other law, where a nomination in respect of any deposits, bonds or other securities kept with or issued by the Small Industries Bank is made in the prescribed manner, the amount due on such deposits, bonds or other securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title, interest or claim of any other person, in relation to such deposits, bonds or other securities
S.47
Arrangement with Small Industries Bank on appointment of directors to prevail .-(1) Where any arrangement entered into by the Small Industries Bank with an industrial concern in the small-scale sector provides for the appointment by the Small Industries Bank of one or more directors of such industrial concern, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to that industrial concern, and any provision regarding share qualification, age-limit, number of Directorship, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the Small Industries Bank in pursuance of the arrangement as aforesaid
S.51
Liquidation of Small Industries Bank .-No provision of law relating to the winding up of companies or corporations shall apply to the Small Industries Bank and that Bank shall not be placed in liquidation save by order of the Central Government and in such manner as it may direct
S.52
Power to make regulations .-(1) The Board may, [* * *] by notification, make regulations not inconsistent with the provisions of this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act
S.54
Power to remove difficulties .-If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, in consultation with the Development Bank, by order, do anything, not inconsistent with such provisions, for the purpose of removing the difficulty: