Act 10 of 1949

The Banking Regulation Act, 1949

An Act to consolidate and amend the law relating to banking.

  • Ministry of Finance
  • Department of Financial Services
  • Enacted 1949-03-10
  • 132 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Application of other laws not barred. Read
3 Act not to apply to certain co-operative societies.Read
4 Power to suspend operation of Act. Read
5 Interpretation. Read
5A Act to override memorandum, articles, etc. Read
6 Form of business in which banking companies may engage. Read
7 Use of words "bank", "banker", "banking" or "banking company". Read
8 Prohibition of trading. Read
9 Disposal of non-banking assets. Read
10 Prohibition of employment of managing agents and restrictions on certain forms of employment. Read
10A Board of directors to include persons with professional or other experience. Read
10B Banking company to be managed by whole time chairman. Read
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. Read
10C Chairman and certain directors not to be required to hold qualification shares. Read
10D Provisions of sections 10A and 10B to override all other laws, contracts, etc. Read
11 Requirement as to minimum paid-up capital and reserves. Read
12 Regulation of paid-up capital, subscribed capital and authorised capital and voting rights of shareholders. Read
12A Election of new directors. Read
12B Regulation of acquisition of shares or voting rights. Read
13 Restriction on commission, brokerage, discount, etc., on sale of shares. Read
14 Prohibition of charge on unpaid capital. Read
14A Prohibition of floating charge on assets. Read
15 Restrictions as to payment of dividend. Read
16 Prohibition of common directors. Read
17 Reserve Fund. Read
18 Cash reserve. Read
19 Restriction on nature of subsidiary companies. Read
20 Restrictions on loans and advances. Read
20A Restrictions on power to remit debts. Read
21 Power of Reserve Bank to control advances by banking companies. Read
21A Rates of interest charged by banking companies not to be subject to scrutiny by courts. Read
22 Licensing of banking companies. Read
23 Restrictions on opening of new, and transfer of existing, places of business. Read
24 Maintenance of a percentage of assets. Read
25 Assets in India. Read
26 Return of unclaimed deposits. Read
26A Establishment of Depositor Education and Awareness Fund. Read
27 Monthly returns and power to call for other returns and information. Read
28 Power to publish information. Read
29 Accounts and balance-sheet. Read
29A Power in respect of associate enterprises. Read
30 Audit. Read
31 Submission of returns. Read
32 Copies of balance-sheets and accounts to be sent to registrar. Read
33 Display of audited balance-sheet by companies incorporated outside India. Read
34 Accounting provision of this Act not retrospective. Read
34A Production of documents of confidential nature. Read
35 Inspection. Read
35A Power of the Reserve Bank to give directions. Read
35AA Power of the Central Government to authorize Reserve Bank for issuing directions to banking companies to initiate insolvency resolution process. Read
35AB Power of Reserve Bank to issue directions in respect of stressed assets. Read
35B Amendments of provisions relating to appointments of managing directors, etc., to be subject to previous approval of the Reserve Bank. Read
36 Further powers and functions of Reserve Bank. Read
36A Certain provisions of the Act not to apply to certain banking companies. Read
36AA Power of Reserve Bank to remove managerial and other persons from office. Read
36AB Power of Reserve Bank to appoint additional directors. Read
36AC Part IIA to override other laws. Read
36ACA Supersession of Board of Directors in certain cases. Read
36AD Punishments for certain activities in relation to banking companies. Read
36AE Power of Central Government to acquire undertakings of banking companies in certain cases. Read
36AF Power of the Central Government to make scheme. Read
36AG Compensation to be given to shareholders of the acquired bank. Read
36AH Constitution of the Tribunal. Read
36AI Tribunal to have powers of a civil court. Read
36AJ Procedure of the Tribunal. Read
36B High Court defined. Read
37 Suspension of business. Read
38 Winding up by High Court. Read
38A Court liquidator. Read
39 Reserve Bank to be official liquidator. Read
39A Application of Companies Act to liquidators. Read
40 Stay of proceedings. Read
41 Preliminary report by official liquidator. Read
41A Notice to preferential claimants and secured and unsecured creditors. Read
42 Power to dispense with meetings of creditors, etc. Read
43 Booked depositors' credits to be deemed proved. Read
43A Preferential payments to depositors. Read
44 Powers of High Court in voluntary winding up. Read
44A Procedure for amalgamation of banking companies. Read
44B Restriction on compromise or arrangement between banking company and creditors. Read
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.Read
45A Part IIIA to override other laws.Read
45B Power of High Court to decide all claims in respect of banking companies.Read
45C Transfer of pending proceedings.Read
45D Settlement of list of debtors.Read
45E Special provisions to make calls on contributories.Read
45F Documents of banking company to be evidence.Read
45G Public examination of directors and auditors.Read
45H Special provisions for assessing damages against delinquent directors, etcRead
45-I Duty of directors and officers of banking company to assist in the realisation of property.Read
45J Special provisions for punishing offences in relation to banking companies being wound up.Read
45K Omitted.Read
45L Public examination of directors and auditors, etc., in respect of a banking company under schemes of arrangementRead
45M Special provisions for banking companies working under schemes of arrangement at the commencement of the Amendment Act.Read
45N Appeals.Read
45-O Special period of limitationRead
45P Reserve Bank to tender advice in winding up proceedingsRead
45Q Power to InspectRead
45R Power to call for returns and informationRead
45S Chief Presidency Magistrate and District Magistrate to assist official liquidator in taking charge of property of banking company being wound up.Read
45T Enforcement of orders and decisions of High Court.Read
45U Power of High Court to make rules.Read
45V References to directors, etc., shall be construed as including references to past directors, etc.Read
45W Part II not to apply to banking companies being wound upRead
45X Validation of certain proceedings.Read
45Y Power of Central Government to make rules for the preservation of records.Read
45Z Return of paid instruments to customers.Read
45ZA Nomination for payment of depositors' money.Read
45ZB Notice of claims of other persons regarding deposits not receivable.Read
45ZC Nomination for return of articles kept in safe custody with banking company.Read
45ZD Notice of claims of other persons regarding articles not receivable.Read
45ZE Release of contents of safety lockers.Read
45ZF Notice of claims of other persons regarding safety lockers not receivable.Read
46 PenaltiesRead
46A Chairman, director, etc., to be public servants for the purposes of Chapter IX of the Indian Penal Code.Read
47 Cognizance of offences.Read
47A Power of Reserve Bank to impose penaltyRead
48 Application of fines.Read
49 Special provisions for private banking companies.Read
49A Restriction on acceptance of deposits withdrawable by cheque.Read
49B Change of name by a banking company.Read
49C Alteration of memorandum of a banking company.Read
50 Certain claims for compensation barredRead
51 Application of certain provisions to the State Bank of India and other notified banks.Read
51A Powers of Reserve Bank not to apply to International Financial Services Centre.Read
52 Power of Central Government to make rules.Read
53 Power to exempt in certain cases.Read
54 Protection of action taken under Act.Read
55 Amendment of Act 2 of 1934.Read
55A Power to remove difficultiesRead
56 Act to apply to co-operative societies subject to modifications.Read
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