35ADisclosure of information
1[35A. Disclosure of information.-- (1) Any information relating to a 2[housing finance institution which is a company],--
(a) contained in any statement or return submitted by such institution under the provisions of this Chapter; or
(b) obtained through audit or inspection or otherwise by 3[the National Housing Bank or the Reserve Bank, as the case may be,] shall be treated as confidential and shall not, except otherwise provided in this section, be disclosed.
(2) Nothing in this section shall apply to--
(a) the disclosure by any 2[housing finance institution which is a company], with the previous permission of 3[the National Housing Bank or the Reserve Bank, as the case may be], of any information furnished to 3[the National Housing Bank or the Reserve Bank, as the case may be] under sub-section (1);
(b) the publication by 4[the National Housing Bank or the Reserve Bank, as the case may be], if it considers necessary in the public interest so to do, of any information collected by it under sub-section (1) in such consolidated form as it may think fit without disclosing the name of any 5[housing finance institution which is a company] or its borrowers;
(c) the disclosure by the 5[housing finance institution which is a company] or by 4[the National Housing Bank or the Reserve Bank, as the case may be] of any such information to any other 5[housing finance institution which is a company] or in accordance with the practice and usage customary amongst such institutions or as permitted or required under any other law:
Provided that any such information received by a 5[housing finance institution which is a company] under this clause shall not be published except in accordance with the practice and usage customary amongst institutions or as permitted or required under any other law.
(3) Notwithstanding anything contained in this Act or in any other law for the time being in force, 3[the National Housing Bank or the Reserve Bank, as the case may be], if it is satisfied that, in the public interest or in the interest of the depositors or the 4[housing finance institution which is a company] or to prevent the affairs of any 4[housing finance institution which is a company] being conducted in a manner detrimental to the interest of the depositors, it is expedient so to do, may, either on its own motion or on being requested, furnish or communicate any information relating to the conduct of business by any 4[housing finance institution which is a company] to any authority constituted under any law.
(4) Notwithstanding anything contained in any other law for the time being in force, no court or tribunal or other authority shall compel 3[the National Housing Bank or the Reserve Bank, as the case may be] to produce or to give inspection of any statement or other material obtained by 3[the National Housing Bank or the Reserve Bank, as the case may be] under any provision of this Chapter.]
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1. Ins. by Act 15 of 2000, s. 18 (w.e.f. 12-6-2000).
2. Subs. by Act 23 of 2019, s. 166, for "housing finance institution" (w.e.f. 09-08-2019).
3. Subs. by s. 166, ibid., for "the National Housing Bank" (w.e.f. 09-08-2019).
4. Subs. by Act 23 of 2019, s. 166, for "the National Housing Bank" (w.e.f. 09-08-2019).
5. Subs. by s. 166, ibid., for "housing finance institution" (w.e.f. 09-08-2019).
- 28 Definition of deposit
- 29 Chapter not to apply in certain cases
- 29A Requirement of registration and net owned fund
- 29B Maintenance of percentage of assets
- 29C Reserve fund
- 30 Reserve Bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of mone
- 30A Power of Reserve Bank to determine policy and issue directions
- 31 Power of National Housing Bank to collect information from housing finance institutions as to deposits
- 32 Duty of housing finance institutions to furnish statements, etc., under this Chapte
- 33 Powers and duties of auditors
- 33A Power of Reserve Bank to prohibit acceptance of deposit and alienation of assets
- 33B Power of National Housing Bank to file winding up petition
- 34 Inspection
- 35 Deposits not to be solicited by unauthorised persons
- 35A Disclosure of information
- 35B Power of Reserve Bank to exempt housing finance institutio
- 36 Chapter V to override other laws
- 36A Power to order repayment of deposit
- 36B Nomination by depositors