THE
FIRST SCHEDULE
[See Section 44(2)]
Declaration of Fidelity and Secrecy
I, .........do hereby declare that I will faithfully, truly
and to the best of my skill and ability execute and perform the duties required
of me as director, member of the........committee, auditor, advisor, officer or
other employee (as the case may be) of the National Housing Bank and which
properly relate to the office or position held by me in or in relation to the
said National Housing Bank.
I further declare that I will not communicate or allow to be
communicated to any person not legally entitled thereto any information
relating to the affairs of the National Housing Bank nor will I allow any such
person to inspect or have access to any books or documents belonging to or in
the possession of the National Housing Bank and relating to the business of the
said National Housing Bank or the business of any person having any dealing
with the said National Housing Bank.
Signed before me. (Signature)
THE
SECOND SCHEDULE
(See section 56)
AMENDMENTS TO CERTAIN ENACTMENTS
PART I
AMENDMENTS TO THE RESERVE BANK OF INDIA ACT, 1934
(2 of 1934)
AMENDMENTS
1.
In section 2, after clause (ccc), the following clause shall be
inserted, namely:-
"(cccc) 'National Housing Bank' means the
National Housing Bank established under section 3 of the National Housing Bank
Act, 1987;"
2. In section 17,- (i) after clause (4D), the following clause shall be inserted, namely:-
"(4DD) the making to the National Housing Bank
of loans and advances and generally assisting the National Housing Bank in such
manner and on such terms as may be determined by the Central Board;";
(ii) after clause (4G), the following clause shall be inserted, namely:--
"(4GG) the making of loans and advances to, and
the purchasing of bonds and debentures of, the National Housing Bank out of the
National Housing Credit (Long Term Operations) Fund established under section
46D;";
(iii) after clause (8A), the following clause shall be inserted, namely:-
"(8AA) the promoting, establishing, supporting
or aiding in the promotion, establishment and support of any financial
institution, whether as its subsidiary or otherwise;".
3. In the Explanation to sub-section (1) of section 42, in sub-clause (ii) of clause (c), after the words "or from the Reconstruction Bank", the words "or from the National Housing Bank" shall be inserted.
4. After section 46C, the following section shall be inserted, namely:-
"46D. (1) The Bank shall establish and maintain
a Fund to be known as the National Housing Credit (Long Term Operations) Fund
to which shall be credited every year such sums of money as it may consider
necessary.
(2) The amount in the said Fund shall be applied by the Bank only to the following objects, namely:-
(a) the
making to the National Housing Bank of loans and advances for the purpose of
any business of the National Housing Bank;
(b) the purchasing of bonds and debentures issued by the National
Housing Bank.".
PART II
AMENDMENTS TO THE BANKING REGULATION ACT, 1949
(10 OF 1949)
AMENDMENTS
1.
In section 2, after clause (ccc), the following clause shall be
inserted, namely:-
"(cccc) 'National Housing Bank' means the
National Housing Bank established under section 3 of the National Housing Bank
Act, 1987;"
2. In section 17,- (i) after clause (4D), the following clause shall be inserted, namely:-
"(4DD) the making to the National Housing Bank
of loans and advances and generally assisting the National Housing Bank in such
manner and on such terms as may be determined by the Central Board;";
(ii) after clause (4G), the following clause shall be inserted, namely:--
"(4GG) the making of loans and advances to, and
the purchasing of bonds and debentures of, the National Housing Bank out of the
National Housing Credit (Long Term Operations) Fund established under section
46D;";
(iii) after clause (8A), the following clause shall be
inserted, namely:-
"(8AA) the promoting, establishing, supporting
or aiding in the promotion, establishment and support of any financial
institution, whether as its subsidiary or otherwise;".
3. In the Explanation to sub-section (1) of section 42, in sub-clause (ii) of clause (c), after the words "or from the Reconstruction Bank", the words "or from the National Housing Bank" shall be inserted.
4. After section 46C, the following section shall be inserted, namely:-
"46D. (1) The Bank shall establish and maintain
a Fund to be known as the National Housing Credit (Long Term Operations) Fund
to which shall be credited every year such sums of money as it may consider
necessary.
(2) The amount in the said Fund shall be applied by the Bank only to the following objects, namely:-
(a) the
making to the National Housing Bank of loans and advances for the purpose of
any business of the National Housing Bank;
(b) the purchasing of bonds and debentures issued by the National Housing Bank.".
PART
II
AMENDMENTS TO THE BANKING REGULATION ACT, 1949
(10 OF 1949)
AMENDMENTS
1. In section 5, after clause (ffc),
the following clause shall be inserted, namely:-
'(ffd) "National Housing Bank" means the
National Housing Bank established under section 3 of the National Housing Bank
Act, 1987;'.
2. In sub-section (1) of
section 18, in the Explanation, in sub-clause (ii) of clause (a),
after the words "or from the Reconstruction Bank", the words "or
from the National Housing Bank" shall be inserted.
3. In section 34A, in sub-section (3),
after the words "the Reconstruction Bank", the words "the
National Housing Bank" shall be inserted.
4. In section 36AD, in sub-section (3),
after the words "the Reconstruction Bank", the words "the
National Housing Bank" shall be inserted.
5. In section 56, under clause (j),
in the Explanation, in sub-clause (ii) of clause (a),
after the words "the Reconstruction Bank", the words "the
National Housing Bank" shall be inserted.
PART III
AMENDMENT TO THE INDUSTRIAL DISPUTES ACT, 1947
(14 OF 1947)
AMENDMENTS
In Section 2, in clause (a), in sub-clause (i),
after the words "the Industrial Reconstruction Bank of India", the
words and figures "the National Housing Bank established under section 3
of the National Housing Bank Act, 1987" shall be inserted.
PART IV
AMENDMENT TO THE PAYMENT OF BONUS ACT, 1965
(21 OF 1965)
AMENDMENTS
In section 32, after sub-clause (f) of clause (ix),
the following sub-clause shall be inserted, namely:-
"(ff) the National
Housing Bank;".
46[THE THIRD SCHEDULE
(See section 16A)
DECLARATION REFERRED TO IN SECTION 16A OF THE NATIONAL HOUSING BANK ACT, 1987
Place
Date:
I/we ...................................................................... hereby declare that in consideration of the assistance sanctioned by the National Housing Bank to me/us at my/our request, as specified in the Annexure hereto, I/we agree that the immovable property specified in the said Annexure shall constitute security for the said assistance and I/we further agree that the dues relating to the assistance mentioned above, shall, on and from the date of these presents, be a charge on the said immovable property.
Date:
I/we ...................................................................... hereby declare that in consideration of the assistance sanctioned by the National Housing Bank to me/us at my/our request, as specified in the Annexure hereto, I/we agree that the immovable property specified in the said Annexure shall constitute security for the said assistance and I/we further agree that the dues relating to the assistance mentioned above, shall, on and from the date of these presents, be a charge on the said immovable property.
1. Signed and delivered by
.......................................
(Borrower)
2. Signed and delivered by
(Borrower)
2. Signed and delivered by
.......................................
(Surety)
ANNEXURE
I. Details of assistance.
II.
Particulars of immovable property.]
*Notes:
1. All the provisions of the Act except
Chapter V and sub-section (3) of section 49 were brought into force on 9th
July, 1988 See Notification No. S.O. 684(E) dated 9th July,1988,Gazette of
India, Extraordinary, Pt. II, Sec. 3(ii) and provisions of Chapter V
and sub-section (3) of section 49 were brought into force on 1st June, 1989 See
Notification No. S.O. 394(E) dated 1st June, 1989, Gazette of India,
Extraordinary, Pt. II, Sec. 3(ii).
2
Substituted by Act No. 15 of 2000,
sec. 2 (w.e.f. 12th June, 2000), for "its principal object".
3 The National Housing Bank was
established on 9th July, 1988 See Notification No. S.O. 685(E)
dated 9th July,1988, Gazette of India, Extraordinary, Pt. II, Sec.
3(ii).
4 Substituted by Act No. 15 of 2000,
sec. 3 (w.e.f. 12th June, 2000), for -
"4. The authorised and paid up capital of the National Housing Bank shall
be one hundred crores of rupees and shall be subscribed by the Reserve Bank:
5
Substituted by Act No. 15 of 2000,
sec. 4 (w.e.f. 12th June, 2000), for –
"(a) the Chairman, if he is holding offices both as the Chairman and the Managing Director, or (b) the Managing Director, if the Chairman is absent,".
6
Substituted by Act No. 15 of 2000,
sec. 5 (a)(i) (w.e.f. 12th June, 2000), for "three
directors".
7 Substituted by Act No. 15 of 2000, sec. 5 (a)(ii)
(w.e.f. 12th June, 2000), for –
"(c) three directors, who shall be persons with
experience in the working of institutions involved in providing funds for
housing or engaged in housing development;".
8 Substituted by Act No. 15 of 2000,
sec. 5 (b) (w.e.f. 12th June, 2000), for "excluding the
directors referred to in clause (d)".
9 Substituted by Act No. 15 of 2000,
sec. 6 (w.e.f. 12th June, 2000), for "clause (b) and (c)".
10 Omitted
by Act 45 of 2006 {the Banking Companies (Acquisition & Transfer of
Undertaking) And Financial Institutions Laws (Amendment) Act, 2006}, sec.19
(w.e.f 16th October, 2006)
11 Substituted by Act No. 15 of 2000,
sec. 7 (i) (w.e.f. 12th June, 2000), for –
"(b) making of loans and advances or rendering any other form of financial assistance whatsoever to housing finance institutions and scheduled banks @[or to any authority established by or under any Central, State or Provincial Act and engaged in slum clearance];".
12 Inserted by Act No. 47 of 1991, sec.
5 (a) (i) (w.e.f. 20th September, 1991).
13 Inserted by Act No. 15 of 2000, sec. 7 (ii) (w.e.f.
12th June, 2000).
14
Inserted by Act No. 47 of 1991, sec.
5 (a) (ii) (w.e.f. 20th September, 1991).
15 Substituted by Act No. 15 of 2000, sec. 8 (a) (w.e.f. 12th
June, 2000), for "the Central Government".
16 Substituted by Act No. 15 of 2000,
sec. 8 (b) (w.e.f. 12th June, 2000), for "a period which
shall not be less than twelve months from the date of the making of the
deposit".
17 Inserted
by Act No. 47 of 1991, sec. 5 (b) (w.e.f. 20th September,
1991).
18 Substituted by Act No. 15 of 2000,
sec. 8 (c) (w.e.f. 12th June, 2000), for-
"(i) repayable on demand or on the expiry of fixed periods not exceeding eighteen months from the date of the making of loan or advance, on such terms and conditions including the terms relating to security and purpose as may be specified by the Reserve Bank;".
19
Inserted by Act No. 15 of 2000, sec.
9 (w.e.f. 12th June, 2000).
20
Substituted by Act No. 15 of 2000,
sec. 10 (w.e.f. 12th June, 2000), for "housing finance
institution".
21Inserted by Act No. 15 of 2000, sec.
11 (w.e.f. 12th June, 2000).
22
Substituted by Act No. 15 of 2000,
sec. 12 (w.e.f. 12th June, 2000), for "housing finance
institutions".
23 Inserted by Act No. 15 of 2000, sec. 14 (w.e.f. 12th
June, 2000).
24 Inserted
by Act No. 15 of 2000, sec. 15 (w.e.f. 12th June, 2000).
25 Inserted by Act No. 15 of 2000,
sec. 16(a) (w.e.f. 12th June, 2000).
26 Inserted by Act No. 15 of 2000, sec.
16(b) (w.e.f. 12th June, 2000).
27 Inserted by Act No. 15 of 2000, sec.
17 (w.e.f. 12th June, 2000).
28
Inserted by Act No. 15 of 2000, sec.
18 (w.e.f. 12th June, 2000).
29
Inserted by Act No. 15 of 2000, sec.
19 (w.e.f. 12th June, 2000).
30
Inserted by Act No. 15 of 2000, sec.
20 (w.e.f. 12th June, 2000), the new "CHAPTER VA".
31
Substituted
by Act No.15 of 2000, sec.21 (w.e.f. 12th June, 2000) for “three
months”.
32 Inserted by Act No,15 of 2000,
sec.22 (w.e.f.12th June, 2000).
33 Inserted
by Act No,30 of 2005, (w.e.f.23rd June, 2005), {The Credit
Information Companies (Regulation) Act, 2005}.
34
Inserted
by Act No,15 of 2000, sec.23 (w.e.f.12th June, 2000).
35 Inserted by Act No. 15 of 2000, sec.
24 (w.e.f. 12th June, 2000).
36 Omitted by Act No. 14 of 2001
9The Finance Act, 2001), sec. 141 (w.e.f. 1st April, 2002), For-
“Exemption
from tax on income.- 48. Notwithstanding anything contained in the Income-tax
Act, 1961, or any other enactment for the time being in force relating to tax
on income, profits or gains, the National Housing Bank shall not be liable to
pay income-tax or any other tax in respect of its income, profits or gains
derived.”
37 Inserted
by Act No. 15 of 2000, sec. 25(a) (w.e.f.
12th June, 2000).
38
Inserted by Act No. 15 of 2000, sec.
25(b)(i) (w.e.f. 12th
June, 2000).
39 Inserted by Act No. 15 of 2000, sec. 25(b)(ii) (w.e.f. 12th June, 2000).
40 Substituted by Act No. 15 of 2000, sec. 26 (w.e.f. 12th
June, 2000), for –
"52. A court imposing any fine
under this Act may direct that the whole or any part thereof shall be applied
in, or towards payment of, the cost of the proceedings."
41
Inserted by Act No. 15 of 2000, sec.
27 (w.e.f. 12th June,
2000).
42
Inserted by Act No. 15 of 2000, sec.
28 (A)(i) (w.e.f. 12th
June, 2000).
43 Inserted
by Act No. 15 of 2000, sec. 28(a)(ii) (w.e.f. 12th June, 2000).
44
Inserted by Act No. 15 of 2000, sec.
28(A)(iii) (w.e.f. 12th
June, 2000).
45 Substituted
by Act No. 15 of 2000, sec. 28 (B) (w.e.f. 12th June, 2000)
for@[regulation or scheme]
@ these words were
substituted by Act No. 47 of 1991, sec. 5 (c) (w.e.f. 20th
September, 1991) for the word "regulation".
46
Inserted by Act No.15 of 2000, sec
29 (w.e.f. 12th June, 2000).
