Section 47
Arrangement with Small Industries Bank on appointment of directors to prevail.
The Small Industries Development Bank of India Act, 1989
About this Act
An Act to establish the Small Industries Development Bank of India as the principal financial institution for the promotion, financing and development of industry in the small-scale sector and to co-ordinate the functions of the institutions engaged in the promotion, financing or developing industry in the small-scale sector and for matters connected therewith or incidental thereto.
(1) Where
any arrangement entered into by the Small Industries Bank with an industrial concern in the small-scale
sector provides for the appointment by the Small Industries Bank of one or more directors of such industrial
concern, such provision and any appointment of directors made in pursuance, thereof shall be valid and
effective notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in
any other law for the time being in force or in the memorandum, articles of association or any other
instrument relating to that industrial concern, and any provision regarding share qualification, age-limit,
number of directorships, removal from office of directors and such like conditions contained in any such
law or instrument aforesaid, shall not apply to any director appointed by the Small Industries Bank in
pursuance of the arrangement as aforesaid.
(2) Any director appointed as aforesaid shall--
(a) hold office during the pleasure of the Small Industries Bank and may be removed or substituted by any person by order in writing of the Small Industries Bank;
(b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto;
(c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.
(2) Any director appointed as aforesaid shall--
(a) hold office during the pleasure of the Small Industries Bank and may be removed or substituted by any person by order in writing of the Small Industries Bank;
(b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto;
(c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.