Section 58 — Prescribed class of persons for the purpose of section 92(3)(i) and section 79

(1) The provisions of section 92(2)(m) shall not apply to class of persons referred to in column B of the following Table, where such persons receive assetsin the nature referred to in column C, subject to satisfaction of the conditions specified in column D thereof:
TABLE
S.No. Class of persons Nature of Asset Conditions
A B C D
1 Resident of an unauthorisedcolony in the NationalCapital Territory of Delhi
Any immovable property beingland or building, or bothWhere the Central Government by notification, regularised the transactions of suchimmovable property based on the latest power of attorney, agreement to sale, will,possession letter and other documents including documents evidencing payment ofconsideration for conferring or recognising right of ownership or transfer or mortgage inregard to such immovable property in favour of such resident.
2 Shareholder Any movable property, beingunquoted shares, of a companyor its subsidiary or thesubsidiary of such subsidiary
(a) Where the Tribunal, on an application moved by the Central Government undersection 241 of the Companies Act, 2013 (18 of 2013), has suspended the Board ofDirectors of such company and has appointed new directors nominated by theCentral Government under section 242 of the said Act; and(b) where the share of the company or its subsidiary or the subsidiary of suchsubsidiary has been received by the shareholder pursuant to a resolution planapproved by the Tribunal under section 242 of the Companies Act, 2013 (18 of2013) after affording a reasonable opportunity of being heard to the jurisdictionalPrincipal Commissioner or Commissioner.
3 Investor or the Investorbank Any movable property, beingequity shares, of thereconstructed bank
Where the said share has been allotted by the reconstructed bank under the Scheme at aprice specified in paragraph 3(3) of the Scheme.
4 Any person from a publicsector company or theCentral Government or anyState Government
Any movable property, beingequity shares of a public sectorcompany or a company
Such shares have been received under strategic disinvestment.
5 The fund managemententity of the resultant fundAny movable property, beingshares or units or interest in theresultant fund.
The shares or units have been received in lieu of shares or units or interest held by theinvestment manager entity in the original fund, pursuant to the relocation, subject to thefollowing conditions:—(a) not less than 90% of shares or units or interest in the fund management entity ofthe resultant fund are held by the same entities or persons, in the same proportionas held by them in the investment manager entity of the original fund; and(b) not less than 90% of the aggregate of shares or units or interest in the investmentmanager entity of the original fund was held by such entities, or persons.
(2) The provisions of section 79 shall also not apply to the transfer of any movable property of the nature mentioned in sub-rule (1) [Table: Sl. No. 2] wherethe conditions mentioned therein are satisfied.
(3) For the purposes of—
(a) sub-rule (1) [Table: Sl. No. 1],—(i) "resident" means a person having physical possession of property on the basis of a registered sale deed or latest set of power of attorney,agreement to sale, will, possession letter and other documents including documents evidencing payment of consideration in respect of aproperty in unauthorised colonies and includes their legal heirs but does not include a tenant, licensee or permissive user; and(ii) "unauthorised colony" shall have the same meaning as assigned to it in clause (b) of section 2 of the National Capital Territory of Delhi(Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of 2019);(b) sub-rule (1) [Table: Sl. No. 2],—(i) a company shall be a subsidiary of another company, if such other company holds more than half in nominal value of the equity share capitalof the company; and(ii) "Tribunal" shall have the same meaning as assigned to it in section 2(90) of the Companies Act, 2013 (18 of 2013);(c) sub-rule (1) [Table: Sl. No. 3],—(i) "investor" shall have the same meaning as assigned to it in paragraph 2(1)(b) of the Scheme;(ii) "investor bank" shall have the same meaning as assigned to it in paragraph 2(1)(c) of the Scheme;(iii) "reconstructed bank" shall have the same meaning as assigned to it in paragraph 2(1)(d) of the Scheme; and(iv) "Scheme" means Yes Bank Limited Reconstruction Scheme, 2020.(d) sub-rule (1) [Table: Sl. No. 4], "strategic disinvestment" shall have the same meaning as assigned to it in section 116(3)(c); and
(e) sub-rule (1) [Table Sl. No. 5]—(i) the expressions "relocation", "original fund" and "resultant fund" shall have the meanings respectively assigned to them in section 70(2)[Table: Sl. No. 5];(ii) "fund management entity" shall have the same meaning as assigned to it in regulation 2(p) of the International Financial Services CentresAuthority (Fund Management) Regulations, 2022 made under the International Financial Services Centres Authority Act, 2019 (50 of 2019);and(iii) "investment manager entity" means the fund manager of the original fund regulated by the respective regulation of the jurisdiction in whichthe original fund is located.