Skip to main content

Taxmann's Banking Regulation Act 1949 with Rules

Page 1

Sample Read


© Taxmann Price : ` 375 Law stated in this book is as updated till 3rd December, 2025 Published by : Taxmann Publications (P.) Ltd. Sales & Marketing : 59/32, New Rohtak Road, New Delhi-110 005 India Phone : +91-11-45562222 Website : www.taxmann.com E-mail : sales@taxmann.com Regd. Office : 21/35, West Punjabi Bagh, New Delhi-110 026 India Printed at : Tan Prints (India) Pvt. Ltd. 44 Km. Mile Stone, National Highway, Rohtak Road Village Rohad, Distt. Jhajjar (Haryana) India E-mail : sales@tanprints.com Disclaimer Every effort has been made to avoid errors or omissions in this publication. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. It is notified that neither the publisher nor the author or seller will be responsible for any damage or loss of action to any one, of any kind, in any manner, therefrom. It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the publication with original Government publication or notifications. No part of this book may be reproduced or copied in any form or by any means [graphic, electronic or mechanical, including photocopying, recording, taping, or information retrieval systems] or reproduced on any disc, tape, perforated media or other information storage device, etc., without the written permission of the publishers. Breach of this condition is liable for legal action. For binding mistake, misprints or for missing pages, etc., the publisher’s liability is limited to replacement within seven days of purchase by similar edition. All expenses in this connection are to be borne by the purchaser. All disputes are subject to Delhi jurisdiction only.


Contents BANKING REGULATION ACT, 1949 PAGE

PART I PRELIMINARY 1. Short title, extent and commencement

1

2. Application of other laws not barred

1

3. Act not to apply to certain co-operative societies

2

4. Power to suspend operation of Act

2

5. Interpretation

2

5A. Act to override memorandum, articles, etc.

10

PART II BUSINESS OF BANKING COMPANIES 6. Forms of business in which banking companies may engage

10

7. Use of words “bank”, “banker”, “banking” or “banking company”

13

8. Prohibition of trading

14

9. Disposal of non-banking assets

15

10. Prohibition of employment of managing agents and re­strictions on certain forms of employment

16

10A. Board of directors to include persons with professional or other experience

20

10B. Banking company to be managed by whole-time chairman

22

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

25

I-5


CONTENTS

I-6 PAGE

10C. Chairman and certain directors not to be required to hold qualification shares

26

10D. Provisions of sections 10A and 10B to override all other laws, contracts, etc.

26

11. Requirement as to minimum paid-up capital and reserves

26

12. Regulation of paid-up capital, subscribed capital and authorised capital and voting rights of shareholders

29

12A. Election of new directors 12B. Regulation of acquisition of shares or voting rights

30 31

13. Restriction on commission, brokerage, discount, etc., on sale of shares

33

14. Prohibition of charge on unpaid capital

33

14A. Prohibition of floating charge on assets

33

15. Restrictions as to payment of dividend

33

16. Prohibition of common directors

34

17. Reserve fund

35

18. Cash reserve

35

19. Restriction on nature of subsidiary companies

37

20. Restrictions on loans and advances

38

20A. Restriction on power to remit debts

39

21. Power of Reserve Bank to control advances by banking companies

40

21A. Rates of interest charged by banking companies not to be subject to scrutiny by courts

41

22. Licensing of banking companies

41

23. Restrictions on opening of new, and transfer of exist­ing, places of business

43

24. Maintenance of a percentage of assets

44

25. Assets in India

48

26. Return of unclaimed deposits

49

26A. Establishment of Depositor Education and Awareness Fund

49

27. Monthly returns and power to call for other returns and information

50

28. Power to publish information

50

29. Accounts and balance-sheet

51

29A. Power in respect of associate enterprises 30. Audit

52 53


I-7

CONTENTS PAGE

31. Submission of returns

54

32. Copies of balance-sheets and accounts to be sent to Registrar

54

33. Display of audited balance-sheet by companies incorpo­rated outside India

54

34. Accounting provisions of this Act not retrospective

55

34A. Production of documents of confidential nature 35. Inspection

55 56

35A. Power of the Reserve Bank to give directions

58

35AA. Power of Central Government to authorise Reserve Bank for issuing directions to banking companies to initiate insolvency resolution process

58

35AB. Power of Reserve Bank to issue directions in respect of stressed assets

59

35B. Amendments of provisions relating to appointments of managing directors, etc., to be subject to previous approval of the Reserve Bank

59

36. Further powers and functions of Reserve Bank 36A. Certain provisions of the Act not to apply to certain banking companies

60 62

PART IIA CONTROL OVER MANAGEMENT 36AA. Power of Reserve Bank to remove managerial and other persons from office

62

36AB. Power of Reserve Bank to appoint additional direc­tors

64

36AC. Part IIA to override other laws

65

PART IIAB SUPERSESSION OF BOARD OF DIRECTORS OF BANKING COMPANY 36ACA. Supersession of Board of Directors in certain cases

65

PART IIB PROHIBITION OF CERTAIN ACTIVITIES IN RELATION TO BANKING COMPA­NIES 36AD. Punishments for certain activities in relation to banking companies

66


CONTENTS

I-8 PAGE

PART IIC ACQUISITION OF THE UNDERTAKINGS OF BANKING COMPANIES IN CERTAIN CASES 36AE. Power of Central Government to acquire undertak­ings of banking companies in certain cases

67

36AF. Power of the Central Government to make scheme

69

36AG. Compensation to be given to shareholders of the acquired bank

70

36AH. Constitution of the Tribunal

72

36AI. Tribunal to have powers of a civil court

72

36AJ. Procedure of the Tribunal

73 PART III

SUSPENSION OF BUSINESS AND WINDING UP OF BANKING COMPANIES 36B. High Court defined

73

37. Suspension of business

73

38. Winding up by High Court

74

38A. Court liquidator 39. Reserve Bank to be official liquidator 39A. Application of Companies Act to liquidators

75 76 76

40. Stay of proceedings

77

41. Preliminary report by official liquidator

77

cured 41A. Notice to preferential claimants and secured and unse­ creditors

77

42. Power to dispense with meetings of creditors, etc.

78

43. Booked depositors’ credits to be deemed proved

78

43A. Preferential payments to depositors 44. Powers of High Court in voluntary winding up

79 81

44A. Procedure for amalgamation of banking companies

82

44B. Restriction on compromise or arrangement between bank­ing company and creditors

83

45. Power of Reserve Bank to apply to Central Government for suspension of business by a banking company and to prepare scheme of reconstruction or amalgamation

84


I-9

CONTENTS PAGE

PART IIIA SPECIAL PROVISIONS FOR SPEEDY DISPOSAL OF WINDING UP PROCEEDINGS 45A. Part IIIA to override other laws

90

45B. Power of High Court to decide all claims in respect of banking companies 45C. Transfer of pending proceedings

91

45D. Settlement of list of debtors

92

45E. Special provisions to make calls on contributories

93

91

45F. Documents of banking company to be evidence

93

45G. Public examination of directors and auditors

94

quent 45H. Special provisions for assessing damages against delin­ 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 by the Banking Companies (Amendment) Act, 1959, w.e.f. 1-10-1959] 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

95

45-O. Special period of limitation

100

45P. Reserve Bank to tender advice in winding up proceedings

100

45Q. Power to inspect

100

45R. Power to call for returns and information

101

45S. Chief Presidency Magistrate 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

101

45U. Power of High Court to make rules

102

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

103

45X. Validation of certain proceedings

103

95 95 98 98 99

99

102

103


CONTENTS

I-10 PAGE

PART IIIB 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

103 103

45ZA. Nomination for payment of depositors’ money

104

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

105

45ZF. Notice of claims of other persons regarding safety lockers not receivable 45ZG. Priority of successive nominations

106

105 105 106

107

PART IV MISCELLANEOUS 46. Penalties

107

46A. Chairman, Director, etc., to be public servants for the purposes of Chapter IX of the Indian Penal Code 47. Cognizance of offences

110

47A. Power of Reserve Bank to impose penalty

112

111

48. Application of fines

113

49. Special provisions for private banking companies

113

49A. Restriction on acceptance of deposits withdrawable by cheque

114

49B. Change of name by a banking company

114

49C. Alteration of memorandum of a banking company

114

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

114 114 116 116 117


I-11

CONTENTS

PAGE

54. Protection of action taken under Act

118

55. Amendment of Act 2 of 1934

118

55A. Power to remove difficulties

118

PART V APPLICATION OF THE ACT TO CO-OPERATIVE BANKS 56. Act to apply to co-operative societies subject to modifications

119

FIRST SCHEDULE: Amendments

147

SECOND SCHEDULE: [Repealed by the Repealing and Amending Act, 1957, w.e.f. 17-9-1957]

150

THIRD SCHEDULE: Form of Balance Sheet

150

FOURTH SCHEDULE: List of Debtors

162

FIFTH SCHEDULE: Principles of Compensation

162

SUBJECT INDEX

167

BANKING REGULATION (COMPANIES) RULES, 1949 1. Short title, extent and commencement

175

2. Interpretation

175

2A. Application of rules to State Bank of India, subsidiary banks, corresponding new banks and Regional Rural Banks

177

3. Submission of returns

177

4. List of officers

178

5. [Omitted by the Banking Regulation (Companies) Amendment Rules, 1985, w.e.f. 29-3-1985]

178

5A. Determination of the Directors who are to cease to hold office

178

6. Deposits

179

7. Withdrawals of deposits

179

8. Changes in deposits

179

9. Maturing of security deposits

180

10. Interest on deposits

180

10A. [Omitted by the Banking Regulation (Companies) Amendment Rules, 1975, w.e.f. 15-11-1975]

180

11. Licensing of banking companies

180

12. Opening of new places of business

180

13. List of offices

180


CONTENTS

I-12 PAGE

13A. Return under sections 18 and 24 14. Publication of approved currencies and securities

181 181

14A. Return under sections 25 and 27

181

14B. Return under section 26

181

15. Manner of publication of accounts and balance sheet

181

15A.

181

15B. Manner of holding inquiries

182

16. Power to exempt in certain cases

182

FORM I : [ Omitted by the Banking Regulation (Companies) Amendment Rules, 1985, w.e.f. 29-3-1985]

183

FORM II :

183

FORM III : F orm of Application for a licence to commence Banking business by a company incorporated in India and desiring to commence banking business

183

FORM IV : Form of Application for a Licence to Carry on Banking Business by a Company Incorporated in India and in Existence on the Commencement of the Act

185

FORM V : F orm of Application for a Licence to Commence/Carry on Banking Business in India by a Banking Company Incorporated outside India

187

FORM VI : F orm of Application for Permission to Open a New Place of Business or Change the Location (Otherwise than within the same City, Town or Village) of an Existing Place of Business under section 23 of the Act

189

FORM VII :

192

FORM VIII : S tatement of Demand and Time Liabilities and Cash, Gold and Unencumbered Approved Securities for the Month of

192

FORM IX : R eturn of Unclaimed Deposit Accounts in India which have not been Operated upon for 10 Years or More as on the Date of the Return as on the 31st December

196

FORM X : L iabilities and Assets in India of Commercial Banks as on the last Friday of the Month ..... of 20......

197

FORM XI :

200


I-13

CONTENTS PAGE

BANKING COMPANIES (NOMINATION) RULES,2025 1. Short title and commencement

202

2. Nomination in respect of deposits

202

3. Nomination in respect of articles in safe custody

204

4. Nomination in respect of safety lockers

204

NOMINATION FORM : F orm for nomination, cancellation of nomination and variation of nomination in respect of the bank deposits, articles in safe custody and safety lockers

204

BANKING COMPANIES (PERIOD OF PRESERVATION OF RECORDS) RULES, 1985 u

Banking Companies (Period of Preservation of Records) Rules, 1985

207

BANKING REGULATION (CO-OPERATIVE SOCIETIES) RULES, 1966 1. Short title and commencement

210

2. Definitions

210

3. Submission of returns

211

4. List of Officers

212

5. Form of statement of liabilities and cash reserve and other assets

212

6. Licensing of co-operative societies

212

7. Opening of new places of business

213

8.

213

9. Other returns

213

10. Manner of publication of accounts and balance-sheet

213

11. Manner of holding inquiries

214

12. Banking Companies Rules, 1949, not to apply

215

FORM I :

215

FORM II :

219


CONTENTS

I-14 PAGE

FORM IIIA: F orm of Application for a Licence to Commence Banking Business by a Co-operative Society Registered in India with the Object of Commencing Banking Business as a Primary Co-operative Bank

220

FORM IIIB : F orm of Application for a Licence to Commence Banking Business by a Co-operative Society Registered in India with the Object of Commencing Banking Business as a Central Co-operative Bank

224

FORM IIIC : F orm of Application for a Licence to Commence Banking Business by a Co-operative Society Registered in India with the Object of Commencing Banking Business as a State Co-operative Bank

227

FORM IV : F orm of Application for a Licence to Carry on Banking Business by a Co-operative Society which was Carrying on Business as a Co-operative Bank at the Commencement of the Banking Laws (Application to Co-operative Societies) Act, 1965 (23 of 1965), or by a Co-operative Bank which has Come into Existence as a result of the Division of any other Co-operative Society Carrying on Business as Co-operative Bank or the Amalgamation of Two or more Co-operative Societies Carrying on Banking Business or by a primary Credit Society which Becomes a Primary Co-operative Bank after Such Commencement

231

FORM V : F orm of Application for permission to open a new Place of Business or change the Location (Otherwise than within the same City, Town or Village) of an existing place of Business under section 23 of the Act

233

FORM VI:

236

FORM VII:

237

FORM VIII : R eturn of Unclaimed Deposit Accounts in India which have not been Operated upon for Ten Years or more as on the date of the Return

237

FORM IX: Statement Showing the Assets and Liabilities in India as at the Clause of Business

238

CO-OPERATIVE BANKS (PERIOD OF PRESERVATION OF RECORDS) RULES, 1985 u

Co-Operative Banks (Period of Preservation of Records) Rules, 1985

243


I-15

CONTENTS PAGE

RESERVE BANK - INTEGRATED OMBUDSMAN SCHEME, 2021 CHAPTER I PRELIMINARY 1. Short Title, Commencement, Extent and Application

246

2. Suspension of the Scheme

246

3. Definitions

246 CHAPTER II

OFFICES UNDER THE RESERVE BANK - INTEGRATED OMBUDSMAN SCHEME, 2021 4. Appointment and Tenure of Ombudsman and Deputy Ombudsman

248

5. Location of the Office of the Ombudsman

248

6. Establishment of a Centralised Receipt and Processing Centre

248

7. Staffing of the Offices of Ombudsman and Centralised Receipt and Processing Centre

248

CHAPTER III POWERS AND FUNCTIONS OF THE OMBUDSMAN 8. Powers and Functions

249 CHAPTER IV

PROCEDURE FOR REDRESSAL OF GRIEVANCE UNDER THE SCHEME 9. Grounds of Complaint

249

10. Grounds for non-maintainability of a Complaint

249

11. Procedure for Filing a Complaint

250

12. Initial Scrutiny of Complaints

251

13. Power to Call for Information

251

14. Resolution of Complaints

251

15. Award by the Ombudsman

252

16. Rejection of a Complaint

253


CONTENTS

I-16 PAGE

17. Appeal before the Appellate Authority

254

18. Regulated Entity to Display Salient Features of the Scheme for Knowledge of the Public

255

CHAPTER V MISCELLANEOUS 19. Removal of Difficulties

255

20. Repeal of the Existing Schemes and Application to Pending Proceedings

255

ANNEX: Form of Complaint (to be lodged) with the Ombudsman

256


Banking Regulation Act, 1949 [10 OF 1949]

[AS AMENDED BY BANKING LAWS (AMENDMENT) ACT, 2025]

An Act to consolidate and amend the law relating to banking 1[***]. Whereas it is expedient to consolidate and amend the law relating to banking 1[***]; It is hereby enacted as follows:— PART I PRELIMINARY

Short title, extent and commencement. 1. (1) This Act may be called the Banking 2[Regulation] Act, 19493. [(2) It extends to the whole of India 5[***].]

4

(3) It shall come into force on such date5a as the Central Govern­ment may, by notification in the Official Gazette, appoint in this behalf. Application of other laws not barred. 2. The provisions of this Act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of the 6[Companies Act, 1956 (1 of 1956)], and any other law for the time being in force.

1. Word “companies” omitted by the Banking Laws (Applica­tion to Co-operative Societies) Act, 1965, w.e.f. 1-3-1966. 2. Substituted for “Companies”, ibid. 3. Dated 10-3-1949. This Act has been extended to Dadra and Nagar Haveli by Regulation 6 of 1963 (w.e.f. 1-71965) and to Goa, Daman and Diu by Regulation 11 of 1963. Nothing in this Act (Except section 34A) shall apply to the Industrial Development Bank of India vide section 34 of the Industrial Development Bank of India Act, 1964 (18 of 1964). 4. Substituted by the Banking Companies (Amendment) Act, 1950, w.e.f. 18-3-1950. 5. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956, w.e.f. 1-11-1956. 5a. Enforced with effect from 16-9-1949. 6. Substituted for “Indian Companies Act, 1913 (VII of 1913)” by the Banking Companies (Amendment) Act, 1956, w.e.f. 14-1-1957.

1


S. 5

BANKING REGULATION ACT, 1949

2

[Act not to apply to certain co-operative societies.

7

3. Notwithstanding anything contained in the National Bank for Agriculture and Rural Development Act, 1981 (61 of 1981), this Act shall not apply to–– (a) a primary agricultural credit society; or (b) a co-operative society whose primary object and principal business is providing of long-term finance for agricultural development, if such society does not use as part of its name, or in connection with its business, the words “bank”, “banker” or “banking” and does not act as drawee of cheques.] Power to suspend operation of Act. 4. (1) The Central Government, if on a representation made by the Reserve Bank in this behalf it is satisfied that it is expedient so to do, may by notification in the Official Gazette suspend for such period, not exceeding sixty days, as may be specified in the notification, the operation of all or any of the provisions of this Act, either generally or in relation to any specified banking company. (2) In a case of special emergency, the Governor of the Reserve Bank, or in his absence a Deputy Governor of the Reserve Bank nominated by him in this behalf may, by order in writing, exer­cise the powers of the Central Government under sub-section (1) so however that the period of suspension shall not exceed thirty days, and where the Governor or the Deputy Governor, as the case may be, does so, he shall report the matter to the Central Gov­ernment forthwith, and the order shall, as soon as may be, be published in the Gazette of India. (3) The Central Government may, by notification in the Official Gazette, extend from time to time the period of any suspension ordered under sub-section (1) or sub-section (2) for such period, not exceeding sixty days at any one time, as it thinks fit so however that the total period does not exceed one year. (4) A copy of any notification issued under sub-section (3) shall be laid on the table of 8[Parliament] as soon as may be after it is issued. Interpretation. 5. 9[In this Act], unless there is anything repugnant in the subject or context,—

7. Substituted by the Banking Regulation (Amendment) Act, 2020, w.r.e.f. 26-6-2020. Prior to its substitution, section 3, as substituted by the Banking Companies (Amendment) Act, 1950, w.e.f. 18-3-1950 and the Banking Laws (Application to Co-operative Societies) Act, 1965, w.e.f. 1-3-1966, read as under: “3. Act to apply to co-operative societies in certain cases.—Nothing in this Act shall apply to— (a) a primary agricultural credit society; (b) a co-operative land mortgage bank; and (c) any other co-operative society, except in the manner and to the extent specified in Part V.” 8. Substituted for “the Dominion Legislature” by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950. 9. Substituted for “(1) In this Act” by the Banking Laws (Miscellaneous Provisions) Act, 1963, w.e.f. 1-2-1964.


3

BANKING REGULATION ACT, 1949

S. 5

[(a) “approved securities” means the securities issued by the Central Government or any State Government or such other securities as may be specified by the Reserve Bank from time to time;]

10

(b) “banking” means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise; (c) “banking company” means any company which transacts the business of banking 11[in India.] Explanation.—Any company which is engaged in the manufacture of goods or carries on any trade and which accepts deposits of money from the public merely for the purpose of financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause; 12 [(ca) “banking policy” means any policy which is speci­fied from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depos­itors, the volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources;] 13 [(cc) “branch” or “branch office”, in relation to a banking company, means any branch or branch office, whether called a pay office or sub-pay office or by any other name, at which deposits are received, cheques cashed or moneys lent, and for the purposes of section 35 includes any place of business where any other form of business referred to in sub-section (1) of section 6 is transacted;] 14 [(d) “company” means any company as defined in section 3 of the Companies Act, 1956 (1 of 1956); and includes a foreign company within the meaning of section 591 of that Act;] 15 [(da) “corresponding new bank” means a corresponding new bank constituted under section 3 of the Banking Companies (Acqui­sition and Transfer of Undertakings) Act, 1970 (5 of 1970), or under section 3 of the Banking Companies (Acquisition and Trans­fer of Undertakings) Act, 1980 (40 of 1980);]

10. Substituted by the Banking Laws (Amendment) Act, 2012, w.e.f. 18-1-2013. Prior to its substitution, clause (a), as amended by the Banking Laws (Amendment) Act, 1983, w.e.f. 15-2-1984, read as under: ‘(a) “approved securities” means— (i) securities in which a trustee may invest money under clause (a), clause (b), clause (bb), clause (c) or clause (d) of section 20 of the Indian Trusts Act, 1882 (2 of 1882); (ii) such of the securities authorised by the Central Gov­ernment under clause (f) of section 20 of the Indian Trusts Act, 1882 (2 of 1882), as may be prescribed;’ 11. Substituted for “in any State” by the Banking Companies (Amendment) Act, 1950, w.e.f. 18-3-1950. 12. Inserted by the Banking Laws (Amendment) Act, 1968, w.e.f. 1-2-1969. 13. Inserted by the Banking Companies (Amendment) Act, 1959, w.e.f. 1-10-1959. 14. Substituted, ibid. 15. Inserted by the Banking Laws (Amendment) Act, 1983, w.e.f. 15-2-1984.


S. 5

BANKING REGULATION ACT, 1949

4

(e) 16[***] (f) “demand liabilities” means liabilities which must be met on demand, and “time liabilities” means liabilities which are not demand liabilities; 17 [(ff) “Deposit Insurance Corporation” means the Deposit Insurance Corporation established under section 3 of the Deposit Insurance Corporation Act, 1961 (47 of 1961);] 18 [(ffa) 19[***] (ffb) “Exim Bank” means the Export-Import Bank of India established under section 3 of the Export-Import Bank of India Act, 1981 (28 of 1981);] [(ffc) “Reconstruction Bank” means the Industrial Recon­struction Bank of India established under section 3 of the Indus­trial Reconstruction Bank of India Act, 1984 (62 of 1984);]

20

[(ffd) “National Housing Bank” means the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987);]

21

(g) “gold” includes gold in the form of coin, whether legal tender or not, or in the form of bullion or ingot, whether re­fined or not; [(gg) “managing agent” includes,—

22

(i) secretaries and treasurers, (ii) where the managing agent is a company, any director of such company, and any member thereof who holds substantial inter­est in such company, (iii) where the managing agent is a firm, any partner of such firm;] [(h) “managing director”, in relation to a banking company, means a director who, by virtue of an agreement with the banking company or of a resolution passed by the banking company in general meeting or by its Board of directors or, by virtue of its memorandum or articles of association, is entrusted with the management of the whole, or substantially the whole of the af­fairs of the company, and includes a director occupying the position of a managing director, by whatever name called:]

23

24 [Provided that the managing director shall exercise his powers subject to the superintendence, control and direction of the Board of directors;]

16. Omitted by the Banking Companies (Amendment) Act, 1953, w.e.f. 30-12-1953. 17. Inserted by the Deposit Insurance Corporation Act, 1961, w.e.f. 1-1-1962. 18. Clauses (ffa) and (ffb) inserted by the Banking Laws (Amendment) Act, 1983, w.e.f. 15-2-1984. 19. Omitted by the Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003, w.e.f. 2-7-2004. Prior to its omission, clause (ffa) read as under: ‘(ffa) “Development Bank” means the Industrial Development Bank of India established under section 3 of the Industrial Development Bank of India Act, 1964 (18 of 1964);’ 20. Inserted by the Industrial Reconstruction Bank of India Act, 1984, w.e.f. 20-3-1985. 21. Inserted by the National Housing Bank Act, 1987, w.e.f. 9-7-1988. 22. Inserted by the Banking Laws (Amendment) Act, 1968, w.e.f. 1-2-1969. Earlier clause (gg) was inserted by the Banking Companies (Amendment) Act, 1950, w.e.f. 18-3-1950 and later on clause (gg) was omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956, w.e.f. 1-11-1956. 23. Substituted by the Banking Companies (Amendment) Act, 1959, w.e.f. 1-10-1959. 24. Inserted by the Banking Laws (Amendment) Act, 1968, w.e.f. 1-2-1969.


BANKING REGULATION ACT 1949 WITH RULES – BARE ACT WITH SECTION NOTES AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : NO. OF PAGES : BINDING TYPE :

Taxmann's Editorial Board Taxmann December 2025 2026 Edition 9789371265928 280 Paperback

Rs. 375 DESCRIPTION Banking Regulation Act 1949 with Rules [Bare Act with Section Notes] by Taxmann is a concise, practice-oriented statutory compilation of India's principal banking legislation, presented in a clear Bare Act with Section Notes format. The 2026 Edition incorporates the Act as amended (including amendments up to the Banking Laws (Amendment) Act 2025) and facilitates accurate day-to-day interpretation through section-wise editorial notes and selective judicial references placed alongside the statutory text. This book is intended for the following audience: • Banking & Financial Services Professionals • Advocates, Law Firms & In-house Counsels • Chartered Accountants, Company Secretaries & Auditors • Students & Academicians The Present Publication is the 2026 Edition, covering the amended and updated text of the Banking Regulation Act [Act No. 10 of 1949] and Rules, with the following noteworthy features: • [Bare Act with Section Notes] Statutory provisions supplemented with concise, section-wise explanatory notes clarifying definitions, scope, and operational meaning • [Pre-amendment Provisions] Earlier versions of amended provisions are reproduced in footnotes to aid understanding of the legal position before amendment • [Curated Case-law Integration] Select judicial principles incorporated at relevant provisions to support practical interpretation • [Compliance-focused Organisation] Part-wise arrangement covering licensing, governance, RBI control and directions, inspection, returns, winding-up, reconstruction/amalgamation, and applicability to co-operative banks • [Allied Rules & Practical Forms] Compilation of relevant rules, schemes, and prescribed forms/returns for direct statutory application • [Reference Utility] Extensive cross-references for ease of navigation and legal research

Buy Now


Turn static files into dynamic content formats.

Create a flipbook
Taxmann's Banking Regulation Act 1949 with Rules by Taxmann - Issuu