(1) This Act may be called the Small Industries Development Bank of India Act, 1989.
In this Act, unless the context otherwise requires,--
(1) With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a corporation to be known as the Small Industries Development Bank of India.
1[4. Authorised capital.--The authorised capital of the Small Industries Bank shall be one thousand crores of rupees divided into seventy-five crores fully paid-up equity shares of rupees ten each and twenty-five crores of fully paid-up redeemable preference shares of rupees ten each:
1[4A. Conversion of equity shares into redeemable preference shares.--(1) The Central Government may, at any time after the commencement of the Small Industries Development Bank of India (Amendment) Act, 2000, by notification, convert such number of equity shares held by the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government, not exceeding twentyfive crores, as it may decide, into redeemable preference shares:
1[4B. Transfer of capital.--On such date as the Central Government may, in consultation with the Development Bank, by notification, specify (hereinafter referred to as "the specified date"), not less than fifty-one per cent. of the issued capital of the Small Industries Bank which has been subscribed by the Development Bank as on the date immediately preceding the specified date shall, stand transferred to, and vested in, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government in such proportion, manner and on such terms and conditions as may be determined by that Government.]
1[4C. Issued capital.--(1) The issued capital, of the Small Industries Bank, of four hundred and fifty crores of rupees, immediately before the commencement of the Small Industries Development Bank of India (Amendment) Act, 2000, shall, on such commencement, stand divided into forty-five crores equity shares of rupees ten each.
1[4D. Reduction of share capital.--(1) The Small Industries Bank may, with the prior approval of the Central Government, by a resolution passed in a general meeting of the shareholders, reduce its share capital in any way.
1[4E. Restriction on exercising of voting right.--Every shareholder of the Small Industries Bank holding equity shares shall have a right to vote in respect of such shares on every resolution and his voting right on a poll shall be in proportion to his share of the paid-up equity share capital of the Small Industries Bank:
1[5. Management.(1) The general superintendence, direction and management of affairs and business of the Small Industries Bank shall vest in a Board of Directors which may exercise all powers and do all such acts and things as may be exercised or done by the Small Industries Bank and are not by this Act expressly directed or required to be done by the Small Industries Bank in general meeting.
1[6. Constitution of Board.--(1) The Board shall consist of the following, namely:--
7. [Managing Director.]--Omitted by the Small Industries Development Bank of India (Amendment) Act, 2000 (7 of 2000) s. 4 (w.e.f. 27-3-2000).
1[8. Disqualifications of directors.-- A person shall not be eligible for being elected as a director under clause (f) of sub-section (1) of section 6, if he--
1[9. Vacation and resignation of office by directors.--(1) The office of a director shall become vacant if he--
10. [Causal Vacancies in office of Managing Director.]--Omitted by the Small Industries Development Bank of India (Amendment) Act, 2000 (7of 2000) s. 6 (w.e.f. 27-3-2000).
11. [Meetings of the Board.]--Omitted by s. 6, ibid. (w.e.f. 27-3-2000).
1[12. Executive Committee and other committees.-- (1) The Board shall constitute an Executive Committee consisting of the chairman and managing director, the whole-time directors and such other directors as it may deem fit.
1[12A. Fees and allowances of directors and members of committees.--The directors and the members of a committee shall be paid such fees and allowances as may be prescribed for attending the meetings of the Board or of any committee constituted in pursuance of this Act and for attending to any other work of the Small Industries Bank:
(1) The Small Industries Bank shall function as the principal financial institution for the promotion, financing and development of industrial concerns in the small-scale sector and shall also coordinate the functions of institutions engaged in promoting, financing and developing the industrial concerns in the small-scale sector and may carry on and transact any of the following business, namely:--
The Central Government may, after the due appropriation made by Parliament by law in this behalf, advance to the Small Industries Bank--
(1) The Small Industries Bank may, for the purpose of carrying out its functions under this Act,--
1[16. Investment.-- The Small Industries Bank may invest (whether by way of deposits in banks or otherwise) the amounts available in the Small Industries Development Assistance Fund or the Small Industries General Fund or any other fund or account which are not for the time being required for the transaction of business in such manner as may be approved by the Board.]
The rights and interests of the Small Industries Bank (including any other rights incidental thereto) in relation to any loan or advance granted, or any amount recoverable, by it may be transferred by the Small Industries Bank, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument by endorsement, or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred, and the Small Industries Bank may, notwithstanding such transfer, act as the trustee for the transferee.
The Small Industries Bank shall have the right to acquire, by transfer on assignment the rights and interests of any public financial institution as defined in section 4A of the Companies Act, 1956 (1 of 1956) (including any other rights incidental thereto) in relation to any loan or advance granted, or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument or in any other manner.
(1) Notwithstanding anything contained in the Foreign Exchange Regulation Act, 1973 (46 of 1973), or in any other enactment for the time being in force relating to foreign exchange, the Small Industries Bank may, for the purposes of granting loans and advances under this Act, borrow, with the previous consent of the Central Government 1 ***, foreign currency from any bank or financial institution in any foreign country or otherwise.
The Small Industries Bank may receive gifts, grants, donations, benefactions or other monies from Government or any other source.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 26-07-2003 | Small Industries Development Bank of India (Appeal to the Central Government) Rules, 2003 |
1[20A. Free transferability of shares.--(1) Save as otherwise provided in sub-section (2), the equity shares of the Small Industries Bank shall be freely transferable.
1[20B. Register of shareholders.--(1) The Small Industries Bank shall keep at its head office a register, in one or more books, of the shareholders and shall enter therein the following particulars so far as they may be available, namely:--
1[20C. Trust not to be entered on the register of shareholders.--Notwithstanding anything contained in section 20B, no notice of any trust, express, implied or constructive, shall be entered on the register of shareholders or be receivable by the Small Industries Bank:
1[20D. Board’s right to refuse registration of transfer of shares.--(1) The Board may refuse to register the transfer of any shares in the name of the transferee on any one or more of the following grounds, and on no other ground, namely:--
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 17-07-2003 | SIDBI (Appeal to Central Government) Rules, 2003 |
1[20E. Shares to be securities under the Indian Trusts Act, 1882.--Notwithstanding anything contained in the Indian Trusts Act, 1882 (2 of 1882), the shares of the Small Industries Bank shall be deemed to be included among the securities enumerated in section 20 of the said Act.]
1[20F. Annual general meeting.--(1) The Small Industries Bank shall in each year hold, in addition to any other meetings, a general meeting as its annual general meeting and shall specify the meeting as such in the notices calling it; and not more than fifteen months shall elapse between the date of one annual general meeting and that of the next:
1[20G. Matters to be discussed and procedure in annual general meeting.--(1) The shareholders present at an annual general meeting shall be entitled to discuss and adopt--
(1) With effect from such date as the Central Government may, by notification, appoint, the Small Industries Bank shall establish and maintain, a special fund to be called the Small Industries Development Assistance Fund.
To the Small Industries Development Assistance Fund shall be credited--
The Small Industries Bank may disburse or spend from the Small Industries Development Assistance Fund, any amount for such purposes as the Central Government may, on the recommendation of the 1[Board], specify.
(1) To the Small Industries Development Assistance Fund shall be debited--
(1) The balance-sheet and accounts of Small Industries Development Assistance Fund shall be prepared in such form and manner as may be prescribed.
The Small Industries Development Assistance Fund shall not be closed or wound up save by order of the Central Government and in such manner as that Government may, 1*** direct.
All receipts of the Small Industries Bank other than those which are to be credited to the Small Industries Development Assistance Fund under this Act shall be credited to a fund to be called the Small Industries General Fund and all payments by the Small Industries Bank, other than those which are to be debited to the Small Industries Development Assistance Fund, shall be made out of the Small Industries General Fund.
(1) The balance-sheet and accounts of the Small Industries Bank shall be prepared in such form and manner as may be prescribed.
(1) The Small Industries Bank may establish a reserve fund to which may be transferred such sums as that Bank may deem fit out of the annual profits accruing to the Small Industries General Fund.
1[(1)The accounts of the Small Industries Banks shall be audited by auditors duly qualified to act as auditors under sub-section (1) of section 226 of the Companies Act, 1956 (1 of 1956), who shall be appointed by the Small Industries Bank in general meeting of the shareholders out of the panel of auditors approved by the Reserve Bank for such term and on such remuneration as the Reserve Bank may fix.]
Save as otherwise provided in sub-section (4) of section 25, nothing contained in this Chapter shall apply to the Small Industries Development Assistance Fund.
(1) On such date as the Central Government may, by notification, appoint, the business, assets and liabilities, rights, interests, privileges and obligations of the Development Bank relating to the Small Industries Development Fund and the National Equity Fund (hereinafter in this section referred to as Fund) shall stand transferred to, and vest in, the Small Industries Bank.
(1) The Small Industries Bank may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service.
The Board may, by general or special order, delegate to any Director or committee constituted under section 12 or to any officer or other employee of the Small Industries Bank, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this Act as it may deem necessary.
The Small Industries Bank shall furnish from time to time to 1[the Central Government and the Reserve Bank] such returns as they may require.
(1) The Small Industries Bank shall not, except as otherwise required by this Act or any other law, 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 Small Industries Bank to divulge such information.
(1) No act or proceeding of the Board or of any committee of the Small Industries Bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board or the committee, as the case may be.
1[37A. 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 Small Industries Bank shall, to the extent of the accommodation granted by the Small Industries Bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the Small Industries Bank, and shall accordingly be paid by such institution to the Small Industries Bank, as per the repayment schedule fixed by the Small Industries Bank.
(1) Where any industrial concern in the small-scale sector, which is under a liability to the Small Industries Bank under an agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to any guarantee given by the Small Industries Bank or otherwise fails to comply with the terms of its agreement, with the Small Industries Bank, the Small Industries Bank shall have the right to take over the management, or possession, or both of such industrial concern in the small-scale sector, as well as the right to transfer by way of lease or sale and realise the property pledged, mortgaged, hypothecated or assigned to the Small Industries Bank.
(1) Where any property, effects or actionable claims are sold or leased in pursuance of any power conferred by section 38, the Small Industries Bank or any other person authorised by it may, for the purpose of taking into custody or under control any such property, effects or actionable claims, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such property, effects, actionable claims, books of account or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or the District Magistrate shall, on such request being made to him,--
Notwithstanding anything in any agreement to the contrary, the Small Industries Bank may, by notice in writing, require any industrial concern in the small-scale sector to which it has granted any loan or advance to discharge forthwith in full its liabilities to the Small Industries Bank,--
(1) Where an industrial concern in the small-scale sector, in breach of any agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to any guarantee given by the Small Industries Bank or otherwise fails to comply with the terms of its agreement with that Bank, or where the Small Industries Bank requires any industrial concern in the small-scale sector to make repayment of any loan or advance under section 40 and such industrial concern fails to make such repayment, then, without prejudice to the provisions of section 38 of this Act and section 69 of the Transfer of Property Act, 1882 (4 of 1882), any officer of that Bank, generally or specially authorised by that Bank in this behalf, may apply, to the Court for one or more of the following reliefs, namely:--
(1) The Small Industries Bank shall have free access to all such records of any institution which seeks to avail of any credit facilities from the Small Industries Bank and to all such records of any such person who seeks to avail of any credit facilities from such institution, perusal whereof may appear to the Small Industries Bank to be necessary in connection with the providing of finance or other assistance to such institution or the refinancing of any loan or advance made to such person by the borrowing institution.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 16-02-2023 | SIDBI (Access to Records) Regulations, 2021 |
Notwithstanding anything to the contrary contained in any other law for the time being in force, the validity of any loan or advance granted by the Small Industries Bank in pursuance of the provisions of this Act shall not be called in question merely on the ground of non-compliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrument:
(1) Every Director shall be indemnified by the Small Industries Bank against all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default.
No suit or other legal proceeding shall lie against the Small Industries Bank, 1[chairman and managing director, the whole-time director] or any Director or any officer or other employee of such Bank or any other person authorised by that Bank to discharge any functions under this Act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any other law or provision having the force of law.
(1) Notwithstanding anything contained in any other law, where a nomination in respect of any deposits, bonds or other securities kept with or issued by the Small Industries Bank is made in the prescribed manner, the amount due on such deposits, bonds or other securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title, interest or claim of any other person, in relation to such deposits, bonds or other securities.
(1) Where any arrangement entered into by the Small Industries Bank with an industrial concern in the small-scale sector provides for the appointment by the Small Industries Bank of one or more directors of such industrial concern, such provision and any appointment of directors made in pursuance, thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to that industrial concern, and any provision regarding share qualification, age-limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the Small Industries Bank in pursuance of the arrangement as aforesaid.
The Bankers' Books Evidence Act, 1891 shall apply in relation to Small Industries Bank as if it were a bank as defined in section 2 of that Act.
Nothing contained in the Banking Regulation Act, 1949, except section 34A and section 36AD thereof, shall apply to the Small Industries Bank.
[Act 43 of 1961 not to apply to Small Industries Bank.]--Omitted by the Finance Act, 2001 (14 of 2001), s. 142 (w.e.f 1-4-2002).
No provision of law relating to the winding up of companies or corporations shall apply to the Small Industries Bank and that Bank shall not be placed in liquidation save by order of the Central Government and in such manner as it may direct.
1[51 A. Power to make rules by Central Government.-- (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(1) The Board may 1*** by notification, make regulations not inconsistent with the provisions of this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 21-06-1990 | Small Industries Development Bank of India (Issue and Management of Bonds) Regulations, 1990 | |||
| 20-11-1990 | Small Industries Development Bank of India (Employees’ Provident Fund) Regulations, 1990 | |||
| 13-11-2000 | SIDBI General Regulation-2000 | |||
| 13-11-2000 | Small Industries Development Bank of India (General) Regulations, 2000 | |||
| 16-02-2001 | Small Industries Development Bank of India (Employees' Gratuity and Superannuation Fund) Regulations, 2000 | |||
| 26-12-2001 | Small Industries Development Bank of India (Staff) Regulations, 2001 | |||
| 20-02-2002 | Small Industries Development Bank of India (Issue and Management of Bonds) Amendment Regulations, 2001 | |||
| 17-07-2002 | Small Industries Development Bank of India (Payment of Gratuity to Employees) Regulations, 2002 | |||
| 17-07-2002 | Small Industries Development Bank of India (Employees' Gratuity and Superannuation Fund) Amendment Regulations, 2002 | |||
| 17-07-2002 | Small Industries Development Bank of India (Pension) Regulations, 2002 | |||
| 03-06-2003 | Small Industries Development Bank of India (Payment of Gratuity to Employees) Amendment Regulations, 2003 | |||
| 09-03-2004 | Small Industries Development Bank of India (Employees' Provident Fund) Amendment Regulations, 2004 | |||
| 29-08-2006 | SIDBI (Issue and Management of Bonds ) Amendment Regulations 2006 | |||
| 29-08-2006 | Small Industries Development Bank of India (Issue and Management of Bonds) Amendment Regulations, 2006 | |||
| 24-05-2010 | Small Industries Development Bank of India (Payment of Gratuity to Employees) Amendment Regulations, 2010 | |||
| 06-01-2011 | Small Industries Development Bank of India (General) Amendment Regulations, 2011 | |||
| 01-06-2011 | Small Industries Development Bank of India (Employees' Provident Fund) Amendment Regulations, 2011 | |||
| 27-01-2012 | Small Industries Development Bank of India (Staff) Amendment Regulations, 2011 | |||
| 13-05-2013 | Small Industries Development Bank of India (General) Amendment Regulations, 2013 | |||
| 26-06-2013 | Small Industries Development Bank of India (Defined Contributory New Pension) Regulations, 2012 | |||
| 01-04-2014 | Small Industries Development Bank of India (Staff) Amendment Regulations, 2014 | |||
| 01-06-2015 | Small Industries Development Bank of India (Staff) Amendment Regulations, 2015 | |||
| 01-01-2016 | Small Industries Development Bank of India (Payment of Gratuity to Employees) Amendment Regulations, 2017 | |||
| 01-04-2017 | Small Industries Development Bank of India (Staff) Amendment Regulations, 2017 | |||
| 12-04-2017 | Payment of Gratuity to Employees Amendment Regulations, 2017 | |||
| 01-02-2018 | Small Industries Development Bank of India (Staff) Amendment Regulations, 2018 | |||
| 09-11-2019 | Small Industries Development Bank of India (Staff) Amendment Regulations, 2019 | |||
| 01-01-2021 | Small Industries Development Bank of India (Defined Contributory New Pension) Amendment Regulations, 2022 | |||
| 01-04-2021 | SIDBI Pension Amendment Regulations, 2022 |
[53. Amendment of certain enactments.]--Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and The First Schedule (w.e.f. 3-9-2001).
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, in consultation with the Development Bank, by order, do anything, not inconsistent with such provisions, for the purpose of removing the difficulty: