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Section 45Q - Chapter IIIB to override other laws, Section 45QA - Power of Company Law Board to order repayment of deposit : RBI Act 1934

What is the meaning of Chapter IIIB to override other laws? What is the Power of Company Law Board to order repayment of deposit? Section 45Q and 45QA of Reserve Bank of India Act 1934

 

Section 45-Q of RBI Act 1934 : "Chapter IIIB to override other laws"

The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law

 

 

Section 45-QA of RBI Act 1934 : "Power of Company Law Board to order repayment of deposit"

(1) Every deposit accepted by a non-banking financial company, unless renewed, shall be repaid in accordance with the terms and conditions of such deposit.

(2) Where a non-banking financial company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, the Company Law Board constituted under section 10E of the Companies Act, 1956 (1 of 1956) may, if it is satisfied, either on its own motion or on an application of the depositor, that it is necessary so to do to safeguard the interests of the company, the depositors or in the public interest, direct, by order, the non-banking financial company to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order :

Provided that the Company Law Board may, before making any order under this sub-section, give a reasonable opportunity of being heard to the non-banking financial company and the other persons interested in the matter.

 

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