Bare Act Search Results

Banking Regulation Act, 1949 Complete Act

State: Central

Year: 1949

.....on 19-9-1949. This Act now incorporates the provisions contained therein in the Banking Companies Act. 1949 as a pernabebt basis, in addition. this Act also amends the said Act for the following purposes :- (a) to incorporate special provisions for facilitating quick amalgamations between banking companies: (b) to empower the Reserve Bank to control opening of branches by Indian banks in foreign countries: (c) to provide a meaning of the terms "assets in India" for the purpose of section 25.-Gaz. of Ind.. 24-12-1949. Pt. V. p:501. Act 52 of 1953.- The Banking Companies Act. 1949 (X of 1949) was passed to ensure proper administration of the banking companies in India. The liquidation of banks, however, continued to be governed by the provisions of the Indian Companies Act, 1913. Experience of the liquidation of a large number of banks that failed during the post-war and post-partition period disclosed that the procedure for the liquidation of joint stock companies was totally inadequate for the liquidation of banking companies in a manner satisfactory to the depositors. A bank has a far larger number of debtors than a joint stock company of a comparable size, and the necessity to.....

Banking Regulation Act, 1949 Schedule III

Title: Third Schedule

State: Central

Year: 1949

..... IV. Stationery and stamps V. Non-banking assets acquired in satisfaction of claims VI. Others* ____________ ____________ Total: ____________ ____________ SCHEDULE 12 Contingent Liabilities As on 31-3.... (current year) As on 31-3.... (previous year) I. Claims against the bank not acknowledged as debts II. Liability for partly paid investments III. Liability on account of outstanding forward exchange contracts IV. Guarantees given on behalf of constituents (a) In India (b) Outside India V. Acceptances, endorsements and other obligations VI. Other items for which the bank is contingently liable ____________ .....

Banking Regulation Act, 1949 Section 45

Title: Power of Reserve Bank to Apply to Central Government for Suspension of Business by a Banking Company and to Prepare Scheme of Reconstitution of Amalgamation

State: Central

Year: 1949

.....orfor the maintenance of the business of the banking company; (g) the payment incash or otherwise to depositors and other creditors in full satisfaction oftheir claim- (i) in respect oftheir interest or rights in or against the banking company before itsreconstruction or amalgamation; or (ii) where theirinterest or rights aforesaid in or against the banking company has or have beenreduced under clause (f), in respect of such interest or rights as so reduced; (h) the allotmentto the members of the banking company for shares held by them therein beforeits reconstruction or amalgamation whether their interest in such shares hasbeen reduced under clause (f) or not, of shares in the banking company on itsreconstruction or, as the case may be, in the transferee bank and where anymembers claim payment in cash and not allotment of shares, or where it is notpossible to allot shares to any members, the payment in cash to those membersin full satisfaction of their claim- (i) in respect oftheir interest in shares in the banking company before its reconstruction oramalgamation; or (ii) where suchinterest has been reduced under clause (f) in respect of their interest inshares as.....

Banking Regulation Act, 1949 Part 3

Title: Suspension of Business and Winding Up of Banking Companies

State: Central

Year: 1949

.....sections. 4 and 7; Act 23 of 1955, Section 53 and Schedule IV; Act 79 of 1956, Section 43 and Schedule II; Act 95 of 1956, Section 14 and Schedule; Act 33 of 1959, Section 27 and Act 37 of 1960, Section 2. to read as above. 2. Section 39 renumbered as sub-section (1) of that section by Act 58 of 1968, Section 16 w.e.f. 1-2-1969. 3. Inserted by Act 58 of 1969, Section 16 with retrospective effect. Section 39A - Application of Companies Act to liquidators 1[39A. Application of Companies Act to liquidators.- (1) All the provisions of the Companies Act, 1956 (1 of 1956), relating to a liquidator, in so far as they are not inconsistent with this Act, shall apply to or in relation to a liquidator appointed under section 38A or section 39. (2) Any reference to the "official liquidator" in this Part and Part IIIA shall be construed as including a reference to any liquidator of a banking company. ] ______________________ 1. Inserted by 33 of 1959, Section 28 w.e.f. 1-10-1959. Section 40 - Stay of proceedings Notwithstanding anything to the contrary contained in 1[section 466 of the Companies Act, 1956 (1 of 1956)], the 2[High Court] shall not make any order staying.....

Banking Regulation Act, 1949 Part 5

Title: Application of the Act to Co-operative Banks

State: Central

Year: 1949

.....for the purposes of this section and section 24, specify from time totime, with reference to any transaction or class of transactions, that suchtransaction or transactions shall be regarded as liability in India of aco-operative bank, and, if any question arises to whether any transaction orclass of transactions shall be regarded for the purposes of this section andsection24, as liability in India of a co-operative bank, the decision of theReserve Bank thereon, shall be final."]; (k) for section 19,the following section shall be substituted, namely:- "19. Restriction on holding shares in otherco-operative societies. -No co-operative bank shall hold shares in any otherco-operative society except to such extent and subject to such conditions asthe Reserve Bank may specify in that behalf: Provided that nothing contained in this section shall applyto- (i) shares acquiredthrough funds provided by the State Government for that purpose; (ii) in the case ofa Central co-operative bank, the holding of shares in the State co-operativebank to which it is affiliated; (iii) in the case ofa primary co-operative bank, the holding of shares in the Central co-perativebank to which it.....

Banking Regulation Act, 1949 Section 56

Title: Act to Apply to Co-operative Societies Subject to Modifications

State: Central

Year: 1949

.....for the purposes of this section and section 24, specify from time totime, with reference to any transaction or class of transactions, that suchtransaction or transactions shall be regarded as liability in India of aco-operative bank, and, if any question arises to whether any transaction orclass of transactions shall be regarded for the purposes of this section andsection24, as liability in India of a co-operative bank, the decision of theReserve Bank thereon, shall be final."]; (k) for section 19,the following section shall be substituted, namely:- "19. Restriction on holding shares in otherco-operative societies. -No co-operative bank shall hold shares in any otherco-operative society except to such extent and subject to such conditions asthe Reserve Bank may specify in that behalf: Provided that nothing contained in this section shall applyto- (i) shares acquiredthrough funds provided by the State Government for that purpose; (ii) in the case ofa Central co-operative bank, the holding of shares in the State co-operativebank to which it is affiliated; (iii) in the case ofa primary co-operative bank, the holding of shares in the Central co-perativebank to which it.....