(1) Where the Bank is satisfied that in the public interest or to prevent the affairs of a non-banking financial company being conducted in a manner detrimental to the interest of the depositors or creditors, or financial stability or for securing the proper management of such company, it is necessary so to do, the Bank may, by order and for reasons to be recorded in writing, remove from office, a director (by whatever name called) of such company, other than Government owned non banking financial company with effect from such date as may be specified in the said order.
(2) No order under sub-section (1) shall be made unless the director concerned has been given a reasonable opportunity of making a representation to the Bank against the proposed order:
Provided that if, in the opinion of the Bank, any delay will be detrimental to the interest of the said company or its depositors, the Bank may, at the time of giving the aforesaid opportunity or at any time thereafter, by order direct that, pending the consideration of the representation, if any, the director, shall not, with effect from the date of such order-
(a) act as such director of that company;
(b) in any way, whether directly or indirectly, be concerned with or take part in the management of that company.
(3) Where any order is made in respect of a director of a company under subsection (1), he shall cease to be a director of that non-banking financial company and shall not, in any way, whether directly or indirectly, be concerned with, or take part in the management of any non-banking financial company for such period not exceeding five years at a time as may be specified in the order.
(4) Where an order under sub-section (1) has been made, the Bank may, by order in writing, appoint a suitable person in place of the director, who has been so removed from his office, with effect from such date as may be specified in such order.
(5) Any person appointed under sub-section (4) shall,-
(a) hold office during the pleasure of the Bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time;
(b) not incur any obligation or liability by reason only of his being a director for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto.
(6) Notwithstanding anything contained in any other law for
the time being in
force or in any contract, memorandum or articles of association,
on the removal of a director from office under this section,
such director shall not be entitled to claim any compensation
for the loss or termination from office.
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*Ins. by Act 23 of 2019, s. 138 (w.e.f. 9-8-2019)
Section 42 - Cash reserves of scheduled banks to be kept with the Bank
Section 43 - Publication of consolidated statement by the Bank
Section 43A - Protection of action taken in good faith
Section 45 - Appointment of agents
CHAPTER IIIA COLLECTION AND FURNISHING OF CREDIT INFORMATION
Section 45B - Power of Bank to collect credit information
Section 45C - Power to call for returns containing credit information
Section 45D - Procedure for furnishing credit information to banking companies
Section 45E - Disclosure of information prohibited
Section 45F - Certain claims for compensation barred
Section 45H Chapter IIIB not to apply in certain cases
Section 45IA - Requirement of registration and net owned fund
Section 45 IB - Maintenance of percentage of assets
Section 45ID - Power of Bank to remove directors from office
Section 45 JA - Power of Bank to determine policy and issue directions
Section 45 M - Duty of non-banking institutions to furnish statements, etc., required by Bank
Section 45 MA - Powers and duties of auditors
Section 45 MB - Power of bank to prohibit acceptance of deposit and alienation of assets