Section 29:
Amounts and securities to be held in trust.
(1) Any sums received by a borrowing institution
in repayment or realisation of loans and advances refinanced either wholly or partly by the National Bank shall, to the extent of the accommodation granted by the National Bank and remaining outstanding, be
deemed to have been received by the borrowing institution in trust for the National Bank, and shall
accordingly be paid by such institution to the National Bank, as per the repayment schedule fixed by the
National Bank.
(2) Where an accommodation has been granted to a borrowing institution, all securities held, or which
may be held, by such borrowing institution, on account of any transaction in respect of which such
accommodation has been granted by the National Bank, shall be held by such institution in trust for the
National Bank.
1[(3) Notwithstanding anything to the contrary contained in any law for the time being in force, where
a liquidator is appointed for winding up a borrowing institution, it shall be the duty of the liquidator to
forthwith pass on to the National Bank the sums recovered by the borrowing institution or the liquidator,
as the case may be, in repayment or realisation of the loans and advances refinanced either wholly or
partly by the National Bank to the extent the refinance is outstanding and the National Bank shall be
entitled to enforce the securities held by the borrowing institution in trust for the National Bank as if
every reference to the borrowing institution in any contract, security or other document obtained by
borrowing institution is a reference to the National Bank and accordingly, the National Bank shall be
entitled to recover the balance sums due under such loans and advances from the constituents of
borrowing institution and any discharge given by the National Bank to such constituent shall be a valid
discharge and the liquidator shall, on demand made by the National Bank, deliver to it all such contracts,
securities and other documents, for due enforcement thereof by the National Bank.
Explanation.--For the purposes of this sub-section, the word "liquidator" shall include liquidator or a
provisional liquidator or any person or authority entrusted with the duty of liquidating the borrowing
institution.]
Notes:
1. Ins. by Act 55 of 2000, s. 16 (w.e.f. 1-2-2001).