Notwithstanding anything contained in this Act, in the case of an
Insured Co-operative Bank -
(i) an order for the winding up, or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction (including division or reorganisation) of the Bank may be made only with the previous sanction in writing of the Reserve Bank of India.
(ii) an order for the winding up of the Bank shall be made by the Registrar 70[within a month] if so required by the Reserve Bank of India in the circumstances referred to in section 13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961);
(iii) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the Bank being conducted in a manner detrimental to the interests of the depositors or for securing the proper management of the Bank, an order shall be made 70[ by the Registrar within one month of such requisition ] for the removal of the committee or other managing body (by whatever name called) of the Bank and the appointment of an administrator therefor for such period or periods, not exceeding 71[one year ] in the aggregate, as may from time to time be specified by the Reserve Bank of India, and the administrator so appointed shall, after the expiry of his term of office, continue in office until the day immediately preceding the date of the first meeting of the new committee;
(iv) no appeal, revision or review shall lie or be permissible against an order such as is referred to in clauses (i), (ii) or (iii) made with the previous sanction in writing or on the requisition of the Reserve Bank of India and such order or sanction shall not be liable to be called in question in any manner;
(v) the Liquidator or the Insured Co-operative Bank or transferee Bank, as the case may be, shall be under an obligation to repay the deposit to the Deposit Insurance Corporation established under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961) in the circumstances, to the extent and in the manner referred to in section 21 of that Act.
Explanation -
(i) For the purpose of this section a Co-operative Bank means a Bank as has been defined in the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961).
(ii) Insured Co-operative Bank means a Co-operative Bank, which is an Insured Bank under the provisions of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961).
(iii) Transferee Bank, in relation to an Insured Co-operative Bank, means a Co-operative Bank -
(a) with which such Insured Co-operative Bank is amalgamated; or
(b) to which the assets and liabilities of such Insured Cooperative Bank are transferred; or
(c) into which such Insured Co-operative Bank is divided or reorganised under the provisions of section 12 of 13 of this Act.
(i) an order for the winding up, or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction (including division or reorganisation) of the Bank may be made only with the previous sanction in writing of the Reserve Bank of India.
(ii) an order for the winding up of the Bank shall be made by the Registrar 70[within a month] if so required by the Reserve Bank of India in the circumstances referred to in section 13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961);
(iii) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the Bank being conducted in a manner detrimental to the interests of the depositors or for securing the proper management of the Bank, an order shall be made 70[ by the Registrar within one month of such requisition ] for the removal of the committee or other managing body (by whatever name called) of the Bank and the appointment of an administrator therefor for such period or periods, not exceeding 71[one year ] in the aggregate, as may from time to time be specified by the Reserve Bank of India, and the administrator so appointed shall, after the expiry of his term of office, continue in office until the day immediately preceding the date of the first meeting of the new committee;
(iv) no appeal, revision or review shall lie or be permissible against an order such as is referred to in clauses (i), (ii) or (iii) made with the previous sanction in writing or on the requisition of the Reserve Bank of India and such order or sanction shall not be liable to be called in question in any manner;
(v) the Liquidator or the Insured Co-operative Bank or transferee Bank, as the case may be, shall be under an obligation to repay the deposit to the Deposit Insurance Corporation established under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961) in the circumstances, to the extent and in the manner referred to in section 21 of that Act.
Explanation -
(i) For the purpose of this section a Co-operative Bank means a Bank as has been defined in the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961).
(ii) Insured Co-operative Bank means a Co-operative Bank, which is an Insured Bank under the provisions of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961).
(iii) Transferee Bank, in relation to an Insured Co-operative Bank, means a Co-operative Bank -
(a) with which such Insured Co-operative Bank is amalgamated; or
(b) to which the assets and liabilities of such Insured Cooperative Bank are transferred; or
(c) into which such Insured Co-operative Bank is divided or reorganised under the provisions of section 12 of 13 of this Act.
70 Inserted by Act No. 7 of 2010 (w.e.f. 16.10.2009).
71 Substituted for five years' by Act Act No. 17 of 2013 (w.e.f. 24.4.2013).