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The Banking Regulation Act, 1949
10
10-03-1949
The Banking Regulation Act, 1949
An Act to consolidate and amend the law relating to banking.
Ministry of Finance
Department of Financial Services
Chapters, and Sections
Chapter 1 - Preliminary
1 - Short title, extent and commencement.
2 - Application of other laws not barred.
3 - Act not to apply to certain co-operative societies.
4 - Power to suspend operation of Act.
5 - Interpretation.
5A - Act to override memorandum, articles, etc.
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Chapter 2 - 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.
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Chapter 2A - Control Over Management
36AA - Power of Reserve Bank to remove managerial and other persons from office.
36AB - Power of Reserve Bank to appoint additional directors.
36AC - Part IIA to override other laws.
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Chapter 2AB - Supersession Of Board Of Directors Of Banking Company
36ACA - Supersession of Board of Directors in certain cases.
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Chapter 2B - Prohibition Of Certain Activities In Relation To Banking Companies
36AD - Punishments for certain activities in relation to banking companies.
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Chapter 2C - 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.
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Chapter 3 - 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.
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Chapter 3A - 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, etc
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 arrangement
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 limitation
45P - Reserve Bank to tender advice in winding up proceedings
45Q - Power to Inspect
45R - Power to call for returns and information
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 up
45X - Validation of certain proceedings.
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Chapter 3B - 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.
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Chapter 4 - Miscellaneous
46 - Penalties
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 penalty
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 barred
51 - Application of certain provisions to the State Bank of India and other notified banks.
51A - Powers of Reserve Bank not to apply to International Financial Services Centre.
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 difficulties
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Chapter 5 - Application Of The Act To Co-Operative Banks
56 - Act to apply to co-operative societies subject to modifications.
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