Reserve Bank of India Act, 1934
18A. 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-
(a) the validity of any loan or advance granted by the 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:
PROVIDED that nothing in this clause shall render valid
any loan or advance obtained by any company or co-operative society where such
company or co-operative society is not empowered by its memorandum to obtain
loans or advances;
(b) where a loan or advance has been granted under clause (3A)
or under clause (3B) of section 17 or a loan or advance granted under clause
(3) of section 18 by the Bank to any person has been applied by such person,
wholly or in part, in making a loan or advance to any borrower, any sum
received-
(i) by the borrowing bank on account of bills
of exchange in respect of which the declaration under clause (i) of the proviso
to clause (3A) of section 17 has been furnished or in repayment or realization
of the outstanding loans and advances referred to in clause (ii) of the said
proviso or in the proviso to clause (3B) of the said section, or
(ii) by the borrowing bank or any other person
in repayment or realization of loans and advances granted to a borrower out of
funds obtained by it or by him from the Bank under section 18,
shall be utilized only for the repayment by the borrowing bank
or other person, as the case may be, of the amounts due to be repaid by it or
by him to the Bank, and shall be held by it or by him in trust for the Bank,
until such time as the amounts are so repaid.