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TypeBare Act JurisdictionCentral Government

Banking Regulation Act, 1949

Complete Act - all sections

~7 min read
https://sooperkanoon.com/act/133146

Bare act · Research

About this act

Banking Regulation Act, 1949 is Central state legislation published on SooperKanoon in full. Use this page to read the bare act and jump to judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Act Text

Preamble1 - Banking Regulation Act, 1949
Section1 - SHORT TITLE, EXTENT AND COMMENCEMENT
Section2 - APPLICATION OF OTHER LAWS NOT BARRED - The provisions of this Act shall be in addition to. and not, save as hereinafter
Section3 - ACT TO APPLY TO CO CO--OPERATIVE SOCIETIES IN CERTAIN CASES - Nothing in this Act shall apply to
Chapter1 - POWER TO SUSPEND OPERATION OF ACT
Section5 - INTERPRETATION -10[[*] In this Act,] unless there is anything repugnant in the subject or context,- 11[
Section05A - ACT TO OVERRIDE MEMORANDUM, ARTICLES, ETC - Save as otherwise expressly provided in this Act,
Section6 - FORMS OF BUSINESS IN WHICH BANKING COMPANIES MAY ENGAGE
Section7 - USE OF WORDS "BANK", "BANKER", "BANKING" OR "BANKING COMPANY."
Section8 - PROHIBITION OF TRADING 1- Notwithstanding anything contained in section 6-or in any contract, no banking company shall
Section9 - DISPOSAL OF NON-BANKING ASSETS - Notwithstanding anything contained in section 6-, no banking company shall hold any
Section10 - PROHIBITION OL EMPLOY MENT OF EMPLOYMENT AGCETS AND RESTRICTIONS ON CERTAIN FORMS OF EMPLOYMENT
Section10A - BOARD OF DIRECTORS TO INCLUDE PERSONS WITH PROFESSIONAL OR OTHER EXPERIENCE
Section10B - BANKING COMPANY TO BE MANAGED BY WHOLE "TIME CHAIRMAN 55
Section10C - CHAIRMAN AND CERTAIN DIRECTORS NOT TO BE REQUIRED TO HOLD QUALIFICATION SHARES -71[A Chairman of the Board of Directors
Section10D - PROVISIONS OF SECTIONS 10A AND 10B TO OVERRIDE ALL OTHER LAWS, CONTRACTS, ETC Any appointment or removal of a
Section11 - REQUIREMENT AS TO MINIMUM PAID --UP CAPITAL AND RESERVES
Section12 - REGULATION OF PAID --UP CAPITAL, SUBSCRIBED CAPITAL AND AUTHORISED CAPITAL AND VOTING RIGHTS OF SHAREHOLDERS
Chapter2 - ELECTION OF NEW DIRECTORS
Section13 - RESTRICTION ON COMMISSION, BROKERAGE, DISCOUNT, ETC., ON SALE OF SHARES Notwithstanding anything to the contrary
Section14 - PROHIBITION OF CHARGE ON UNPAID CAPITAL - No banking company shall create any charge upon any unpaid capital of the
Chapter3 - PROHIBITION OF FLOATING CHARGE ON ASSETS
Section15 - RESTRICTIONS AS TO PAYMENT OF DIVIDEND 93[
Section16 - PROHIBITION OF COMMON DIRECTORS 96
Chapter4 - RESERVE FUND
Chapter5 - CASH RESERVE
Section19 - RESTRICTION ON NATURE OF SUBSIDIARY COMPANIES 101[
Chapter6 - RESTRICTIONS ON LOANS AND ADVANCES
Chapter7 - RESTRICTIONS ON POWER TO REMIT DEBTS
Section21 - POWER OF RESERVE BANK TO CONTROL ADVANCES BY BANKING COMPANIES
Section21A - RATES OF INTEREST CHARGED BY BANKING COMPANIES NOT TO BE SUBJECT
Section22 - LICENSING OF BANKING COMPANY 109[
Section23 - RESTRICTIONS ON OPENING OF NEW. AND TRANSFER OF EXISTING, PLACES OF BUSINESS
Chapter8 - MAINTENANCE OF A PERCENTAGE OF ASSETS
Section25 - ASSETS IN INDIA 126[
Section26 - RETURN OF UNCLAIMED DEPOSITS - Every banking company shall, within thirty days after the close of each calendar year,
Section27 - MONTHLY RETURNS 114 [POWER TO CALL FOR OTHER RETARNS AND INFORMATION
Section28 - POWER TO PUBLISH INFORMATION - The Reserve Bank or the National Bank, or both, if they consider it in the public
Chapter9 - ACCOUNTS AND BALANCE SHEET
Section30 - AUDIT 147[
Section31 - SUBMISSION OF RETURNS - The accounts and balance sheet referred to in section 29-together with the auditor's report
Section32 - COPIES OF BALANCE SHEETS AND ACCOUNTS TO BE SENT TO REGISTRAR 154[
Section33 - DISPLAY OF AUDITED BALANCE SHEET BY COMPANIES INCORPORATED OUTSIDE INDIA - Every banking company
Section34 - ACCOUNTING PROVISIONS OF THIS ACT NOT RETROSPECTIVE - Nothing in this Act shall apply to the preparation of accounts by
Chapter10 - PRODUCTION OF DOCUMENTS OF CONFIDENTIAL NATURE
Chapter11 - INSPECTION
Section35A - POWER OF THE RESERVE BANK TO GIVE DIRECTIONS
Section35B - AMENDMENT OF PROVISIONS RELATING TO APPOINTMENTS OF MANAGING DIRECTORS, ETC., TO BE SUBJECT TO PREVIOUS APPROVAL OF THE
Section36 - FURTHER POWERS AND FUNCTIONS OF RESERVE BANK
Section36A - CERTAIN PROVISIONS OF THE ACT NOT TO APPLY TO CERTAIN BANKING COMPANIES
Section36B - HIGH COURT DEFINED - In this Part and in Part IIIA, "High Court", in relation to a banking company, means the High
Chapter12 - SUSPENSION OF BUSINESS
Chapter13 - WINDING UP BY HIGH COURT
Chapter14 - COURT LIQUIDATOR
Section39 - RESERVE BANK TO BE OFFICIAL LIQUIDATOR 214[
Chapter15 - APPLICATION OF COMPANIES ACT TO LIQUIDATORS
Section40 - STAY OF PROCEEDINGS - Notwithstanding anything to the contrary contained in216[section 466 of the Companies Act,
Section41 - PRELIMINARY REPORT BY OFFICIAL LIQUIDATOR - Notwithstanding anything to the contrary contained in section 455 of the
Section41A - NOTICE TO PREFERENTIAL CLAIMANTS AND SECURED AND UNSECURED CREDITORS
Section42 - POWER TO DISPENSE WITH MEETING OF CREDITORS, ETC - Notwithstanding anything to the contrary contained in [220[section
Section43 - BOOKED DEPOSITORS' CREDITS TO BE DEEMED PROVED In any proceeding for winding up of a banking company, every depositor
Chapter16 - PREFERENTIAL PAYMENTS TO DEPOSITORS
Section44 - POWERS OF HIGH COURT IN VOLUNTARY WINDING UP
Chapter17 - PROCEDURE FOR AMALGAMATION OF BANKING COMPANIES
Section44B - RESTRICTION ON COMPROMISE OR ARRANGEMENT BETWEEN BANKING COMPANY AND CREDITORS 236[
Section45 - POWER OF RESERVE BANK TO APPLY TO CENTRAL GOVERNMENT FOR SUSPENSION OF BUSINESS OF A BANKING COMPANY AND TO PREPARE
Section45A - PART III A TO OVERRIDE OTHER LAWS The provisions of this Part and the rules made there under shall have effect
Section45B - POWER OF HIGH COURT TO DECIDE ALL CLAIMS IN RESPECT OF BANKING COMPANIES The High Court shall, save as otherwise
Chapter18 - TRANSFER OF PENDING PROCEEDINGS
Chapter19 - SETTLEMENT OF LIST OF DEBTORS
Section45E - SPECIAL PROVISIONS TO MAKE CALLS ON CONTRIBUTORIES - Notwithstanding that the list of the contributories has not been
Chapter20 - DOCUMENTS OF BANKING TO BE EVIDENCE
Chapter21 - PUBLIC EXAMINATION OF DIRECTORS AND AUDITORS
Section45H - SPECIAL PROVISIONS FOR ASSESSING DAMAGES AGAINST DELINQUENT DIRECTORS, ETC
Section45I - DUTY OF DIRECTORS AND OFFICERS OF BANKING COMPANY TO ASSIST IN THE REALISATION OF PROPERTY -Every director or other
Section45J - SPECIAL PROVISIONS FOR PUNISHING OFFENCES IN RELATION TO BANKING COMPANIES BEING WOUND UP
Section45K - POWER OF HIGH COURT TO ENFORCE SCHEME OF ARRANGEMENTS ETC - [Omitted by the Banking Companies
Section45L - PUBLIC EXAMINATION OF DIRECTORS AND AUDITORS, ETC., IN RESPECT OF A BANKING COMPANY UNDER SCHEMES OF ARRANGEMENT
Section45M - SPECIAL PROVISIONS FOR BANKING COMPANIES WORKING UNDER SCHEMES OF ARRANGEMENT AT THE COMMENCEMENT OF THE AMENDMENT ACT
Chapter22 - APPEALS
Chapter23 - SPECIAL PERIOD OF LIMITATION
Section45P - RESERVE BANK TO TENDER ADVICE IN WINDING UP PROCEEDINGS Where in any proceeding for the winding up of a banking company
Chapter24 - POWER TO INSPECT
Section45R - POWER TO CALL FOR RETURNS AND INFORMATION - The Reserve Bank may, at any time by a notice in writing, require the
Section45S - CHIEF PRESIDENCY MAGISTRATE AND DISTRICT MAGISTRATE TO ASSIST OFFICIAL LIQUIDATOR IN TAKING CHARGE OF PROPERTY OF
Section45T - ENFORCEMENT OF ORDERS AND DECISIONS OF HIGH COURT
Section45U - POWER OF HIGH COURT TO MAKE RULES - The High Court may make rules consistent with this Act and the rules made under
Section45V - REFERENCES TO DIRECTORS, ETC., SHALL BE CONSTRUED AS INCLUDING REFERENCES TO PAST DIRECTORS, ETC - For the removal of
Section45W - PART II NOT TO APPLY TO BANKING COMPANIES BEING WOUND UP - Nothing contained in Part II shall apply to a banking
Section45X - VALIDATION OF CERTAIN PROCEEDINGS - Notwithstanding anything contained in section 45B-or any other provision of this
Part03 - : PROVISIONS RELATING TO CERTAIN OPERATIONS OF BANKING COMPANIES
Section45Y - POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR THE PRESERVATION OF RECORDS - The Central Government may, after
Chapter25 - RETURN OF PAID INSTRUMENTS TO CUSTOMERS
Chapter26 - PENALTIES
Section47 - COGNIZANCE OF OFFENCES - No Court shall take cognizance of any offence punishable under293[sub-section
Section47A - POWER OF RESERVE BANK TO IMPOSE PENALTY
Section48 - APPLICATION OF FINES - A Court imposing any fine under this Act may direct that the whole or any part thereof shall be
Section49 - SPECIAL PROVISIONS FOR PRIVATE BANKING COMPANIES - The exemptions, whether express or implied, in favour of a private
Section49A - RESTRICTION ON ACCEPTANCE OF DEPOSITS WITHDRAWABLE BY CHEQUE No person other than a banking company, the Reserve Bank,
Section49B - CHANGE OF NAME BY A BANKING COMPANY - Notwithstanding anything contained in section 21 of the Companies Act, 1956-, the
Section49C - ALTERATION OF MEMORANDUM OF A BANKING COMPANY - Notwithstanding anything contained in the Companies Act, 1956, no
Section50 - CERTAIN CLAIMS FOR COMPENSATION BARRED - No person shall have any right, whether in contract or otherwise, to any
Section51 - APPLICATION OF CERTAIN PROVISIONS TO THE STATE BANK OF INDIA AND OTHER NOTIFIED BANKS 305[
Section52 - POWER OF CENTRAL GOVERNMENT TO MAKE RULES
Section53 - POWER TO EXEMPT IN CERTAIN CASES - The Central Government may, on the recommendation of the Reserve Bank, declare, by
Chapter27 - PROTECTION OF ACTION TAKEN UNDER ACT
Section55 - AMENDMENT OF ACT II OF 1934 - The Reserve Bank of India Act, 1934, shall be amended in the manner specified in the
Section55A - POWER TO REMOVE DIFFICULTIES - If any difficulty arises in giving effect to the provisions of this Act, the Central
Section56 - ACT TO APPLY TO CO --OPERATIVE SOCIETIES SUBJECT TO MODIFICATIONS - The provisions of this Act, as in force for the
Schedule02 - : THE SCHEDULE (See Section 55-) AMENDMENTS SCHEDULE 03: THE SCHEDULE (See Section 56-) REPEALS - [Repealed] SCHEDULE 04

Frequently asked questions

What is the Banking Regulation Act, 1949?

The Banking Regulation Act, 1949, is Central state legislation available in full text on SooperKanoon. It is commonly used for legal research alongside judgments that interpret and apply its provisions.

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