Lawgist45ADefinitions
145A. Definitions.--In this Chapter, unless the context otherwise requires,--
(a) "banking company" means a banking company as defined in section 5 of the 2[Banking Regulation Act, 1949 (10 of 1949)] and includes the State Bank of India, 3[any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), any corresponding new bank constituted by section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), and any other financial institution notified by the Central Government in this behalf];
(b) "borrower" means any person to whom any credit limit has been sanctioned by any banking company, whether availed of or not, and includes--
(i) in the case of a company or corporation, its subsidiaries;
(ii) in the case of a Hindu undivided family, any member thereof or any firm in which such member is a partner;
(iii) in the case of a firm, any partner thereof or any other firm in which such partner is a partner; and
(iv) in the case of an individual, any firm in which such individual is a partner;
(c) "credit information" means any information relating to--
(i) the amounts and the nature of loans or advances and other credit facilities granted by a banking company to any borrower or class of borrowers;
(ii) the nature of security taken from any borrower 4[or class of borrowers] for credit facilities 5[granted to him or to such class;]
(iii) the guarantee furnished by a banking company for any of its customers 6[or any class of its customers];
6[(iv) the means, antecedents, history of financial transactions and the creditworthiness of any borrower or class of borrowers;
(v) any other information which the Bank may consider to be relevant for the more orderly regulation of credit or credit policy.]
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1. Ins. by Act 35 of 1962, s. 6 (w.e.f. 1-9-1962).
2. Subs. by Act 51 of 1974, s. 3, for "Banking Companies Act, 1949" (w.e.f. 13-12-1974).
3. Subs. by s. 13, ibid., for "or any other banking or financial institution notified by the Central Government in this behalf" (w.e.f. 13-12-1974).
4. Ins. by s. 13, ibid., (w.e.f. 13-12-1974).
5. Subs. by s. 13, ibid., for "granted to him; and" (w.e.f. 13-12-1974).
6 Ins. by Act 51 of 1974, s. 13 (w.e.f. 13-12-1974).
