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Banking Regulation Act
An Act to consolidate and amend the law relating to banking.
| Act Id | 194910 |
| Act Number | 10 |
| Enactment Date | 1949-03-10 |
| Act Year | 1949 |
| Ministry | Ministry of Finance |
| Enforcement Date | 16-03-1949 |
- PRELIMINARY
- BUSINESS OF BANKING COMPANIES
- 6 Form of business in which banking companies may engage
- 7 Use of words "bank", "banker", "banking" or "banking company"
- 8 Prohibition of trading
- 9 Disposal of non-banking assets
- 10 Prohibition of employment of managing agents and restrictions on certain forms of employment
- 10A Board of directors to include persons with professional or other experience
- 10B Banking company to be managed by whole time chairman
- 10BB Power of Reserve Bank to appoint chairman of the Board of directors appointed on a whole-time basis or a managing director of a banking company
- 10C Chairman and certain directors not to be required to hold qualification shares
- 10D Provisions of sections 10A and 10B to override all other laws, contracts, etc
- 11 Requirement as to minimum paid-up capital and reserves
- 12 Regulation of paid-up capital, subscribed capital and authorised capital and voting rights of shareholders
- 12A Election of new directors
- 12B Regulation of acquisition of shares or voting rights
- 13 Restriction on commission, brokerage, discount, etc., on sale of shares
- 14 Prohibition of charge on unpaid capital
- 14A Prohibition of floating charge on assets
- 15 Restrictions as to payment of dividend
- 16 Prohibition of common directors
- 17 Reserve Fund
- 18 Cash reserve
- 19 Restriction on nature of subsidiary companies
- 20 Restrictions on loans and advances
- 20A Restrictions on power to remit debts
- 21 Power of Reserve Bank to control advances by banking companies
- 21A Rates of interest charged by banking companies not to be subject to scrutiny by courts
- 22 Licensing of banking companies
- 23 Restrictions on opening of new, and transfer of existing, places of business
- 24 Maintenance of a percentage of assets
- 25 Assets in India
- 26 Return of unclaimed deposits
- 26A Establishment of Depositor Education and Awareness Fund
- 27 Monthly returns and power to call for other returns and information
- 28 Power to publish information
- 29 Accounts and balance-sheet
- 29A Power in respect of associate enterprises
- 30 Audit
- 31 Submission of returns
- 32 Copies of balance-sheets and accounts to be sent to registrar
- 33 Display of audited balance-sheet by companies incorporated outside India
- 34 Accounting provision of this Act not retrospective
- 34A Production of documents of confidential nature
- 35 Inspection
- 35A Power of the Reserve Bank to give directions
- 35AA Power of the Central Government to authorize Reserve Bank for issuing directions to banking companies to initiate insolvency resolution process
- 35AB Power of Reserve Bank to issue directions in respect of stressed assets
- 35B Amendments of provisions relating to appointments of managing directors, etc., to be subject to previous approval of the Reserve Bank
- 36 Further powers and functions of Reserve Bank
- 36A Certain provisions of the Act not to apply to certain banking companies
- CONTROL OVER MANAGEMENT
- SUPERSESSION OF BOARD OF DIRECTORS OF BANKING COMPANY
- PROHIBITION OF CERTAIN ACTIVITIES IN RELATION TO BANKING COMPANIES
- ACQUISITION OF THE UNDERTAKINGS OF BANKING COMPANIES IN CERTAIN CASES
- 36AE Power of Central Government to acquire undertakings of banking companies in certain cases
- 36AF Power of the Central Government to make scheme
- 36AG Compensation to be given to shareholders of the acquired bank
- 36AH Constitution of the Tribunal
- 36AI Tribunal to have powers of a civil court
- 36AJ Procedure of the Tribunal
- SUSPENSION OF BUSINESS AND WINDING UP OF BANKING COMPANIES
- 36B High Court defined
- 37 Suspension of business
- 38 Winding up by High Court
- 38A Court liquidator
- 39 Reserve Bank to be official liquidator
- 39A Application of Companies Act to liquidators
- 40 Stay of proceedings
- 41 Preliminary report by official liquidator
- 41A Notice to preferential claimants and secured and unsecured creditors
- 42 Power to dispense with meetings of creditors, etc
- 43 Booked depositors' credits to be deemed proved
- 43A Preferential payments to depositors
- 44 Powers of High Court in voluntary winding up
- 44A Procedure for amalgamation of banking companies
- 44B Restriction on compromise or arrangement between banking company and creditors
- 45 Power of Reserve Bank to apply to Central Government for suspension of business by a banking company and to prepare scheme of reconstitution or amalgamation
- SPECIAL PROVISIONS FOR SPEEDY DISPOSAL OF WINDING UP PROCEEDINGS
- 45A Part IIIA to override other laws
- 45B Power of High Court to decide all claims in respect of banking companies
- 45C Transfer of pending proceedings
- 45D Settlement of list of debtors
- 45E Special provisions to make calls on contributories
- 45F Documents of banking company to be evidence
- 45G Public examination of directors and auditors
- 45H Special provisions for assessing damages against delinquent directors, et
- 45-I Duty of directors and officers of banking company to assist in the realisation of property
- 45J Special provisions for punishing offences in relation to banking companies being wound up
- 45K Omitted
- 45L Public examination of directors and auditors, etc., in respect of a banking company under schemes of arrangemen
- 45M Special provisions for banking companies working under schemes of arrangement at the commencement of the Amendment Act
- 45N Appeals
- 45-O Special period of limitatio
- 45P Reserve Bank to tender advice in winding up proceeding
- 45Q Power to Inspec
- 45R Power to call for returns and informatio
- 45S Chief Presidency Magistrate and District Magistrate to assist official liquidator in taking charge of property of banking company being wound up
- 45T Enforcement of orders and decisions of High Court
- 45U Power of High Court to make rules
- 45V References to directors, etc., shall be construed as including references to past directors, etc
- 45W Part II not to apply to banking companies being wound u
- 45X Validation of certain proceedings
- PROVISIONS RELATING TO CERTAIN OPERATIONS OF BANKING COMPANIES
- 45Y Power of Central Government to make rules for the preservation of records
- 45Z Return of paid instruments to customers
- 45ZA Nomination for payment of depositors' money
- 45ZB Notice of claims of other persons regarding deposits not receivable
- 45ZC Nomination for return of articles kept in safe custody with banking company
- 45ZD Notice of claims of other persons regarding articles not receivable
- 45ZE Release of contents of safety lockers
- 45ZF Notice of claims of other persons regarding safety lockers not receivable
- MISCELLANEOUS
- 46 Penaltie
- 46A Chairman, director, etc., to be public servants for the purposes of Chapter IX of the Indian Penal Code
- 47 Cognizance of offences
- 47A Power of Reserve Bank to impose penalt
- 48 Application of fines
- 49 Special provisions for private banking companies
- 49A Restriction on acceptance of deposits withdrawable by cheque
- 49B Change of name by a banking company
- 49C Alteration of memorandum of a banking company
- 50 Certain claims for compensation barre
- 51 Application of certain provisions to the State Bank of India and other notified banks
- 52 Power of Central Government to make rules
- 53 Power to exempt in certain cases
- 54 Protection of action taken under Act
- 55 Amendment of Act 2 of 1934
- 55A Power to remove difficultie
- APPLICATION OF THE ACT TO CO-OPERATIVE BANKS
