Section 40:
Declaration of fidelity and secrecy.
1[(1) The Financial Corporation shall not, except as
otherwise required by this Act or any other law for the time being in force, divulge any information
relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with
the law or practice and usage, customary among bankers, necessary or appropriate for the Financial
Corporation to divulge such information.
(2) The Financial Corporation may, for the purpose of efficient discharge of its functions under this
Act, collect from, or furnish to--
(a) the Central Government;
(b) the State Bank of India constituted under section 3 of the State Bank of India Act, 1955
(23 of 1955), any subsidiary bank within the meaning of the State Bank of India (Subsidiary Banks)
Act, 1959 (38 of 1959), any corresponding new bank constituted under section 3 of the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or under section 3 of
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), any
other scheduled bank, any 2[State Co-operative Bank, the Small Industries Bank or the Development
Bank],such credit information or other information as it may consider useful for the purpose, in such manner and
at such time as it may think fit,
Explanation.--For the purposes of this sub-section, the expression "credit information" shall have the
same meaning as in clause (c) of section 45A of the Reserve Bank of India Act, 1934 (2 of 1934), subject
to the modification that the banking company referred to therein shall mean a bank referred to in
clause (b) of this sub-section.]
3[(3)] Every director, auditor, officer or other employee of the Financial Corporation shall, before
entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Schedule.
4[(4) Nothing contained in this section shall apply to the credit information disclosed under the Credit
Information Companies (Regulation) Act, 2005 (30 of 2005).]
Notes:
1. Ins. by Act 48 of 1983, s. 6 (w.e.f. 30-12-1983).
2. Subs. by Act 39 of 2000, s. 29, for "State co-operative Bank or the Development Bank" (w.e.f. 5-9-2000).
3. Section 40 re-numbered as sub-section (3) thereof by Act 48 of 1983, s. 6 (w.e.f. 30-12-1983).
4. Ins. Act 30 of 2005, s. 34 and the Schedule (w.e.f. 14-12-2006).