Section 13D:
Circumstances in which Reserve Bank may require winding up of co-operative banks.
1[13D. Circumstances in which Reserve Bank may require winding up of co-operative
banks.--(1) The circumstances referred to in sub-clause (ii) of clause (gg) of section 2 (being
circumstances in which the Reserve Bank may require the winding up of a co-operative bank) are the
following, namely:--
(a) that the co-operative bank has failed to comply with the requirements specified in section 11
of the Banking Regulation Act, 1949 (10 of 1949); or
(b) that the co-operative bank has by reason of the provisions of section 22 of the said Act
become disentitled to carry on banking business in India; or
(c) that the co-operative bank has been prohibited from receiving fresh deposits by an order under
sub-section (4) of section 35 of the said Act or under clause (b) of sub-section (3A) of section 42 of
the Reserve Bank of India Act, 1934 (2 of 1934); or
(d) that the co-operative bank having failed to comply with any requirement of the Banking
Regulation Act, 1949 (10 of 1949), other than the requirements laid down in section 11 thereof, hascontinued such failure or, having contravened any provision of that Act has continued such
contravention beyond such period or periods as may be specified in that behalf by the Reserve Bank
from time to time, after notice in writing of such failure or contravention has been conveyed to the
co-operative bank; or
(e) that the co-operative bank is unable to pay its debts; or
(f) that in the opinion of the Reserve Bank--
(i) a compromise or arrangement sanctioned by a competent authority in respect of the
co-operative bank cannot be worked satisfactorily with or without modifications, or
(ii) the continuance of the co-operative bank is prejudicial to the interests of its depositors.
(2) Without prejudice to the provisions of any other law for the time being in force, a co-operative
bank shall, for the purpose of clause (e) of sub-section (1), be deemed to be unable to pay its debts:--
(i) if, on the basis of the returns, statements or information furnished to the Reserve Bank under
or in pursuance of the provisions of the Banking Regulation Act, 1949 (10 of 1949), the Reserve
Bank is of opinion that the co-operative bank is unable to pay its debts; or
(ii) if the co-operative bank has refused to meet any lawful demand made at any of its offices or
branches within two working days, if such demand is made at a place where there is an office, branch
or agency of the Reserve Bank, or within five working days if such demand is made elsewhere and, in
either case, the Reserve Bank Certifies in writing that the co-operative bank is unable to pay its
debts.]
Notes:
1. Ins. by Act 56 of 1968, s. 7 (w.e.f. 1-7-1971).