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| Home > Indian Bare Acts > BANKING REGULATION ACT, 1949 > PART I PRELIMINARY |
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| BANKING REGULATION ACT, 1949 |
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Title : BANKING REGULATION ACT, 1949
Year : 1949
Act : PART 1 :- PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the Banking 2[Regulation] Act, 1949.
3[(2) It extends to the whole of India 4[* * *]
(3) It shall come into force on such date5 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
2. Application of other laws not barred
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.
7[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.]
4. Power to suspend operation of Act
(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.
5. Interpretation
9[In this Act], unless there is anything repugnant in the subject or context,-
10[(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 Trust Act, 1882 (2 of 1882)
(ii) such of the securities authorised by the Central Government under clause (f) of section 20 of the Indian Trust Act, 1882 (2 of 1882), as may be prescribed];
(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);]
(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);]
15[(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)
(ffb) Exim Bank means Export-Import Bank of India established under section 3 of the Export-Import Bank of India Act, 1981 (28 of 1981);]
18[(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);]
19[(ffd) National Housing Bank means the National Housing Bank established under section 3 of the National Housing Bank Act, 1987;]
(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;
12[(gg) managing agent includes-
(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;]
14[(h) managing director, in relation to a banking company, means a Director who,by virtue of 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:]
20[PROVIDED that the Managing Director shall exercise his powers subject to the superintendence, control and direction of the Board of Directors;]
21[(ha) National Bank means the National Bank for Agriculture and Rural Development established under section 3 of the National Bank for Agriculture and Rural Development Act, 1981 (61 of 1981);]
(i) 22[* * *1
(j) prescribed means prescribed by rules made under this Act;
21[(ja) regional rural bank means a regional rural bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976);]
(k) 23[* * *]
10[(l) Reserve Bank means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934);]
(m) 24[* * *]
(n) secured loan or advances means a loan or advance made on the security of assets the market value of which is not at any time less than the amount of such loan or advance; and unsecured loan or advance means a loan or advance not so secured;
27[(ni) Small Industries Bank means the Small Industries Development Bank of India established under s. 3 of the Small Industries Development Bank of India Act, 1989;]
12[(na) small-scale industrial concern means an industrial concern in which the investment in plant and machinery is not in excess of seven and a half lakh of rupees or such higher amount, not exceeding twenty lakhs of rupees, as the Central Government may, by notification in the Official Gazette, specify in this behalf, having regard to the trends in industrial development and other relevant factors;]
15[(nb) Sponsor Bank has the meaning assigned to it in the Regional Rural Banks Act, 1976 (21 of 1976)
(nc) State Bank of India means the State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955);]
26[(nd)] subsidiary bank has the meaning assigned to it in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959)
27[(ne)] substantial interest:-
(i) in relation to a company, means the holding of a beneficial interest by an individual or his spouse or minor child, whether singly or taken together in the shares thereof, the amount paid-up on which exceeds five lakhs of rupees or ten per cent of the paid-up capital of the company, whichever is less;
(ii) in relation to a firm, means the beneficial interest held therein by an individual or his spouse or minor child, whether singly or taken together, which represents more than ten per cent of the total capital subscribed by all the partners of the said firm;
28[(o) all other words and expressions used herein but not defined and defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act.]
(2) 29[* * *]
28[5A. Act to override memorandum, articles, etc.
Save as otherwise expressly provided in this Act,
(a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a banking company, or in any agreement executed by it, or in any resolution passed by the banking company in general meeting or by its Board of Directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of the Banking Companies (Amendment) Act, 1959 (33 of 1959); and
(b) any provision contained in the memorandum, articles, agreement or resolution aforesaid shall, to the extent to which it is repugnant to the provisions of. this Act, become or be void, as the case
NEXT
may be.]
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