Section 3:
Undertaking of Development Bank to vest in Company.
(1) On such date as the Central
Government may, by notification, appoint, there shall be transferred to, and vest in, the Company, the
undertaking of Development Bank.
(2) Notwithstanding anything contained in the Banking Regulation Act, 1949 (10 of 1949), the
Company referred to in sub-section (1) shall be deemed to be a banking company within the meaning of
clause (c) of section 5 of the Banking Regulation Act, 1949 and as such shall carry on banking business in
accordance with the provisions of that Act, 1***:
Provided that such Company shall not be required to--
(a) obtain licence under section 22 of the Banking Regulation Act, 1949 (10 of 1949);
(b) maintain for a period of five years from the appointed day the percentage of assets required to
be maintained under section 24 of the said Act.
2[Provided further that the provisions of clause (a) to the proviso, shall cease to be applicable
immediately after the commencement of Part XIII of the Finance Act, 2021 (13 of 2021), and from such commencement, the Company shall be deemed to have obtained licence under section 22 of the
Banking Regulation Act, 1949 (10 of 1949).]
(3) The provisions of the Banking Regulation Act, 1949 (10 of 1949) shall, as far as may be, to the
extent they are not repugnant to any provision of this Act, apply to such Company.
(4) Notwithstanding anything contained in the Banking Regulation Act,1949 (10 of 1949), the Central
Government may, in consultation with the Reserve Bank of India, by notification, direct that any of the
provisions of that Act specified in the notification--
(a) shall not apply to the Company; or
(b) shall apply to the Company, only with such exceptions, modifications and the adaptations as
may be specified in the notification.
(5) A copy of every notification proposed to be issued under sub-section (4), shall be laid in draft
before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in
disapproving the issue of the notification or both Houses agree in making any modification in the
notification, the notification shall not be issued or, as the case may be, shall be issued only in such
modified form as may be agreed upon by both the Houses.
Notes:
1. The words in addition to the business which may be carried on and transacted by the Development Bank omitted by Act 13 of 2021, s. 165 (w.e.f. 01-04-2021).
2. The proviso ins by s. 165, ibid. (w.e.f. 01-04-2021).