(1) The Board of Directors of a corresponding new bank may,
after consultation with the Reserve Bank and with the previous sanction of the Central Government, 1[by notification in the Official Gazette], make regulations, not inconsistent with the provisions of this Act or
any scheme made thereunder, to provide for all matters for which provision is expedient for the purpose
of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the regulations may
provide for all or any of the following matters, namely:--
(a) the powers, functions and duties of local boards and restrictions, conditions or limitations, if
any, subject to which they may be exercised or performed, the formation and constitution of local
committees and committees of local boards (including the number of members of any such
committee), the powers, functions and duties of such committees, the holding of meetings of local
committees and committees of local boards and the conduct of business thereat;
(b) the manner in which the business of the local boards shall be transacted and the procedure in
connection therewith;
2[(ba) the nature of shares of the corresponding new bank, the manner in which and the
conditions subject to which shares may be held and transferred and generally all matters relating to
the rights and duties of Shareholders;
(bb) the maintenance of register, and the particulars to be entered in the register in addition to
those specified in sub-section (2F) of section 3, the safeguards to be observed in the maintenance of
register on computer floppies or diskettes, inspection and closure of the register and all other matters
connected therewith;
(bc) the manner in which general meetings shall be convened, the procedure to be followed
thereat and the manner in which voting rights may be exercised;
(bd) the holding of meetings of shareholders and the business to be transacted thereat;
(be) the manner in which notices may be served on the half of the corresponding new bank upon
shareholders or other persons;
(bf) the manner in which the directors nominated under clause (h) of sub-section (3) of section 9
shall retire;]
(c) the delegation of powers and functions of the Board of Directors of a corresponding new bank
to the general manager, director, officer or other employee of that bank;
(d) the conditions or limitations subject to which the corresponding new bank may appoint
advisers, officers or other employees and fix their remuneration and other terms and conditions of
service;
(e) the duties and conduct of advisers, officers or other employees of the corresponding new
bank;
(f) the establishment and maintenance of superannuation, pension, provident or other funds for
the benefit of officers or other employees of the corresponding new bank or of the dependents of such
officers or other employees and the granting of superannuation allowances, annuities and pensions
payable out of such funds;
(g) the conduct and defence of legal proceedings by or against the corresponding new bank and
the manner of signing pleadings;
(h) the provision of a seal for the corresponding new bank and the manner and effect of its use;
(i) the form and manner in which contracts binding on the corresponding new bank may be
executed;
(j) the conditions and the requirements subject to which loans or advances may be made or bills
may be discounted or purchased by the corresponding new bank;
(k) the persons or authorities who shall administer any pension, provident or other fund
constituted for the benefit of officers or other employees of the corresponding new bank or their
dependents;
(l) the preparation and submission of statements of programmes of activities and financial
statements of the corresponding new bank and the period for which and the time within which such
statements and estimates are to be prepared and submitted; and
(m) generally for the efficient conduct of the affairs of the corresponding new bank.
(3) Until any regulation is made under sub-section (1), the articles of association of the existing bank
and every regulation, rule, bye-law or order made by the existing bank in force immediately before the
commencement of this Act shall be deemed to be the regulations made under sub-section (1) and shall
have effect accordingly and any reference therein to any authority of the existing bank shall be deemed to
be a reference to the corresponding authority of the corresponding new bank and until any such
corresponding authority is constituted under this Act shall be deemed to refer to the Custodian.
3[(4) Every regulation shall, as soon as may be after it is made under this Act by the Board of
directors of a corresponding new bank, be forwarded to the Central Government and that Government
shall cause a copy of the same to be laid before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more succcessive sessions, and
if, before the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the regulation or both Houses agree that the regulation
should not be made, the regulation shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that regulation.]
Notes:
1. Ins. by Act 66 of 1988, s. 38 (w.e.f. 30-12-1988).
2. Ins. by Act 37 of 1994, s. 17 (we.f. 15-7-1994).
3. Ins. by Act 1 of 1984, s. 75 (w.e.f. 15-2-1984).