Financing is the key factor of banking in any sector. Providing infra-structure for financing is the back bone of any financial sector. There are different types of infrastructure finance used in the country including public finance or government funding, supra National financial institutions, public private partnership financing, private financing and authorship or referencing financing for the development of the financing infrastructure in India. Infrastructure financing normally involves Government’s internal operation on projects of financing or companies involved in these sectors. The National Bank for Financing Infrastructure and Development Act 2021 is an enactment came in to force on 28th March 2021 with seven chapters, 48 sections and three schedules.
The main objective of the act is to support development of long term non- recourse infrastructure financing including bonds and any necessary derivative markets. The act is also applicable to any matters relates to infrastructure financing and carrying in business promoting and development of infrastructure financing.
Chapter two of the act states the establishment and incorporation of institution as National Bank for financing infrastructure and development as a body corporate with its Head Office located in Mumbai and have branches or agencies inside or outside the country. The objectives of the institution is enumerated in section 4 of the stating in compliance with section 2 and 3 of the act and includes lending and investing from private sector investors and institutional investors for infrastructure projects inside and outside the country and also to coordinate with state and central Government, stake holders, financial institutions, domestic bonds and derivative markets. The authorized share capital of the institution is one hundred thousand crore rupees by virtue of section 5.
Chapter three deals with the board of Directors and management. Section eight of the act confers power of delegation to the Board through special or general order discharging functions of business principals in accordance with the provisions of the act.
Section 10 of the act states the power of Central Government to disqualify or remove of Directors from the office for any of the reasons enumerated stated in section 10 including insolvency, abused official position and moral turpitude. Section 11 also empowers central Government to remove Chairperson or any other directors in certain cases of filling vacancies.
Chapter four states the functions or activities of the institution and section 18 states the prohibition of business on loan or security on its own debentures or bonds. The overall performance on the institution is subject to review in every five years by an external authority appointed by Central Government as per section 20 of the Act.
Chapter 5 states the grants and other concessions from the government and hedging costs by borrowing currency from foreign countries for carrying out the purposes of the institution. Chapter 6 deals with the return of reports and chapter seven deals with the miscellaneous provisions of instituting other financial development institutions, receivables to be held in a Trust and Central Government’s power to make rules and regulations from time to time.
The Act is a landmark step for the development of the infrastructure financing extends to the whole of India.