National Bank for Agriculture and Rural Development Act, 1981
18. Transfer of
business from Reserve Bank.-
1.
On
such date as the Central Government may, in consultation with the Reserve Bank,
by notification, appoint, the assets and liabilities with the Reserve Bank
relating to-
a.
the
National Agricultural Credit (Long Term Operations) Fund established and
maintained under section 46A of the Reserve Bank of India Act, 1934 (2 of
1934); and
b.
the
National Agricultural Credit (Stabilisation) Fund established and maintained
under section 46B of the Reserve Bank of India Act, 1934 (2 of 1934), shall
stand transferred to the National Bank and form part of the National Rural
Credit (Long Term Operations) Fund referred to in section 42 and the National
Rural Credit (Stabilisation) Fund referred to in section 43, respectively.
1.
2.
With
effect from such date as the Central Government may, in consultation with the
Reserve Bank, by notification, appoint, the loans and advances which the
Reserve Bank has granted to State co- operative banks and regional rural banks
under section 17 [except sub- clause (a) of clause (4)] of the Reserve Bank of
India Act, 1934 (2 of 1934), and which the Reserve Bank may specify by a
general or special order, shall, as far as may be, become and be deemed to be
loans and advances granted by the National Bank under section 21, and the
National Bank shall repay to the Reserve Bank, the amount of such loans and
advances on such terms and conditions as the Central Government may specify, in
consultation with the Reserve Bank.
3.
All
rights, liabilities interests, privileges and obligations of whatever nature
(including the rights and obligations arising by way of purchase, sale and
rediscount of any bills of exchange and promissory notes) of the Reserve Bank
in relation to any asset or liability referred to in sub-section (1) or any
loan or advance referred to in sub-section (2) shall stand transferred to and
vest in the National Bank on the date on which such asset or liability stands
transferred to the National Bank under sub-section (1) or, as the case may be,
such loan or advance becomes under sub-section (2) a loan or advance granted by
the National Bank.
4.
All
contracts, deeds, bonds, agreements, powers of attorney, grants of legal
representation and other instruments of whatever nature relating to any asset
or liability referred to in sub-section (1) and subsisting or having effect
immediately before the date appointed under that sub-section or relating to any
loan or advance referred to in sub-section (2) and subsisting or having effect
immediately before the date appointed under that sub-section shall be of as
full force and effect against, or in favour of, the National Bank, as the case
may be, and may be enforced or acted upon as fully and effectually as if
instead of the Reserve Bank, the National Bank had been a party thereto, or as
if they had been in favour of the National Bank.
5.
If,
immediately before the date appointed under sub-section (1) or sub-section (2),
as the case may be, any suit, appeal or other legal proceedings of whatever
nature relating to any asset or liability referred to in sub-section (1) or any
loan or advance referred to in sub-section (2) is pending, by or against the
Reserve Bank, the same shall not abate, be discontinued, or be in any way prejudicially
affected by reason of the transfer to the National Bank of such asset or
liability under sub-section (1), or as the case may be, such loan or advance
becoming under sub-section (2) a loan or advance granted by the National Bank,
or of anything contained in this Act, but the suit, appeal or other proceedings
may be continued, prosecuted and enforced, by or against the National Bank.