TRANSFER OF PART OF BUSINESS OF DEVELOPMENT BANKCentral
Section 26 of The Export-Import Bank of India Act, 1981
Transfer of part of business of Development Bank.
- (1)On such date as that Central Government may, by notification, appoint, all business, property, assets and liabilities, rights, interests, privileges and obligations of whatever nature of the Development Bank in so far as they relate to the export financing functions of that Bank shall stand transferred to, and vest in, the Exim Bank.
- (2)For the transfer to, and vesting in, the Exim Bank under sub-section (1), the Exim Bank shall pay to the Development Bank such amount in such manner and in such number of instalments as may be determined by the Central Government.
- (3)All contracts, deeds, bonds, agreements, powers-of-attorney, grants of legal representation and other instruments of whatever nature of the Development Bank which relate to the export financing functions of that Bank and which are subsisting or having effect immediately before the date referred to in sub-section (1) and to which the said Bank is a party or which are in favour of that Bank shall,--
- (a)if they relate exclusively to the export financing functions of that Bank, be of full force and effect against or in favour of the Exim Bank, as the case may be, and may be enforced and acted upon as fully and effectively as if instead of the Development Bank the Exim Bank had been a party thereto or as if they had been issued in favour of the Exim Bank; and
- (b)if they relate not only to the export financing function of the Development Bank but also to any of the other functions of that Bank, be of full force and effect against or in favour of both the Development Bank and the Exim Bank and may be enforced or acted upon as fully and effectively as if in addition to the Development Bank the Exim Bank had also been a party thereto or as if they had been issued in favour of the Development Bank and also the Exim Bank.
- (4)If, on the date referred to in sub-section (1), any suit, appeal or other legal proceeding of whatever nature relating to the export financing functions of the Development Bank is pending, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Exim Bank of the business of the Development Bank or of anything contained in this Act, but the suit, appeal or other proceeding may,--
- (a)where it relates exclusively to the export financing functions of the Development Bank, be continued, prosecuted and enforced by or against the Exim Bank; and
- (b)where it relates not only to the export financing functions of the Development Bank but also to any of the other functions of that Bank, be continued, prosecuted and enforced by or against the Development Bank and the Exim Bank or, if the Central Government by special order in writing so directs, by or against such one of the said two Banks, as may be specified in such order.
- (5)If any question arises as to whether any contract, deed, bond, agreement, powers-of-attorney, grant of legal representation or other instrument referred to in sub-section (3) or any suit, appeal or other legal proceeding referred to in sub-section (4) relates or relates exclusively to the export financing functions of the Development Bank, it shall be referred to the Central Government for decision and the decision of the Central Government thereon shall be final.
- (6)The provisions of this section shall have effect notwithstanding anything contained in the Industrial Development Bank of India Act, 1964 (18 of 1964) or any other law or any instrument having force by virtue of the said Act or other law.
Summary
- This provision manages the handover of export financing business from the older Development Bank (IDBI) to the new Exim Bank.
- All assets, rights, and obligations related to export finance move to the Exim Bank on a date set by the government.
- The Exim Bank must pay the Development Bank for this transfer in a way decided by the government.
- Existing contracts and legal cases continue as if the Exim Bank was the original party.
- If a contract covers both export finance and other business, it stays valid for both banks.
- If there is a disagreement about whether a contract is "export-related," the Central Government makes the final decision.
Practical examples
1On March 1, 1982, a loan agreement for a textile exporter was sitting with the Development Bank. Because of Section 26, that loan automatically became the property of the Exim Bank, and the exporter started dealing with Exim Bank instead.
2A shipping company was suing the Development Bank over an export credit in January 1982. After the transfer date, the lawsuit didn't stop. Instead, the Exim Bank took the Development Bank's place in court to finish the case.
FAQ
1. Who has the final say if the two banks argue over who owns a specific building or document?
The Central Government makes the final decision, and that decision cannot be challenged.
Test yourself
Q1.Under Section 26 of The Export-Import Bank of India Act, 1981, what happens to a pending lawsuit that relates exclusively to export financing?
Q2.According to Section 26 of The Export-Import Bank of India Act, 1981, who determines how much the Exim Bank pays the Development Bank for the transferred business?
Q3.Under Section 26 of The Export-Import Bank of India Act, 1981, if a contract relates to both export finance and other functions, how is it treated?
Q4.If there is a dispute about whether a specific bond relates exclusively to export financing, who makes the final decision under Section 26 of The Export-Import Bank of India Act, 1981?