Section 9:
Management of credit information company.
(1) Notwithstanding anything contained in any
law for the time being in force, or in any contract to the contrary, every credit information company in
existence on the commencement of this Act, or which comes into existence thereafter, shall have one of
its directors, who may be appointed on whole-time or on a part-time basis as chairperson of its board, and
where he is appointed on whole-time basis as chairperson of its board, he shall be entrusted with the
management of the whole of the affairs of the credit information company:
Provided that the chairperson of the board of the credit information company shall exercise his
powers subject to the superintendence, control and directions of the board.
(2) Where a chairperson is appointed on a part-time basis, the management of whole of the affairs of
the credit information company shall be entrusted to a managing director or, a whole-time director by
whatever name called, who shall exercise his powers subject to the superintendence, control and
directions of the board.
(3) In addition to the chairperson or managing director or whole-time director, by whatever name
called, the board of directors shall consist of not less than fifty per cent. directors who shall be persons having special knowledge in, or practical experience of, the matters relating to public administration, law,
banking, finance, accountancy, management or information technology.
(4) In discharging its functions, the board shall act on business principles and shall have due regard to
the interest of its specified users, credit institutions or the clients or borrowers of credit institutions.
(5) Where the Reserve Bank is satisfied that it is in the public interest or in the interest of banking
policy or credit system of the country, or for preventing the affairs of any credit information company
being managed in a manner detrimental to the interest of banking policy or credit institutions or borrowers
or clients or for securing the proper management of any credit information company, it is necessary so to
do, the Reserve Bank may, for reasons to be recorded in writing, by order published in the Official
Gazette, supersede the board of such company, for such period not exceeding six months, as may be
specified in the order and which may be extended from time to time, so, however, that the total period
shall not exceed twelve months:
Provided that before making any such order, the Reserve Bank shall give a reasonable opportunity to
the board of such credit information company to make representation against the proposed supersession
and shall consider the representation, if any, of the board.
(6) The Reserve Bank may, on supersession of the board of a credit information company under subsection
(5), appoint an Administrator for such period and on such salary and other terms and conditions as
it may determine.
(7) The Reserve Bank may issue such directions to the Administrator as it may deem appropriate and
the Administrator shall be bound to follow such directions.
(8) Upon making of the order under sub-section (5), superseding the board of a credit information
company--
(a) the chairperson, managing director and other directors of such credit information company
shall, as from the date of supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of the Companies
Act, 1956 (1 of 1956) or this Act or any other law for the time being in force, be exercised or
discharged, by or on behalf of the board of such credit information company, or by a resolution
passed in general meeting of that company, shall, until the reconstitution of its board under
sub-section (10), be exercised and discharged by the Administrator appointed by the Reserve Bank
under sub-section (6):
Provided that the powers exercised by the Administrator shall be valid notwithstanding that such
powers are exercisable by a resolution passed in the general meeting of such credit information company.
(9) The salary and allowances payable to the Administrator and staff assisting the Administrator shall
be borne by the credit information company.
(10) On and before the expiration of two months before expiry of the period of supersession
mentioned in the order of the Reserve Bank issued under sub-section (5), the Administrator of the credit
information company, shall call a general meeting of the credit information company to elect new
directors and reconstitute its board and any person who had vacated his office under clause (a) of
sub-section (8), shall not be deemed to be disqualified for re-appointment.
(11) Notwithstanding anything contained in any law for the time being in force or in any contract or
the memorandum or articles of association, of the credit information company, on the removal of a person
from office under this section, that person shall not be entitled to claim any compensation for the loss or
termination of office.