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Assistant G.M. State Bank of India and Ors Vs. Radhey Shyam Pandey

Court : Supreme Court of India

..... it is pertinent to note that section 19 of both- the banking companies (acquisition and transfer of undertakings) acts of 1970 and 1980 and section 50 of the state bank of india act, 1955, vest the power on the central government to make consistent rules for all the public sector banks. ..... power of central government to make regulations: (1) the central board may, after consultation with the reserve bank and with the previous sanction of the central government [by notification in the official gazette] ..... yours faithfully, sd/- (allen c a pareira) personnel adviser" pursuant to this suggestion, regulation 28 of employees pension regulations, 1995 was amended to include the proviso with retrospective effect from 1.9.2000 as under: "provided that pension shall also be granted to an employee who opts to retire before attaining the age of superannuation, but after having served for a minimum period of 15 years in terms of any scheme that may be framed for the purpose by the bank's board with the concurrence of the government. ..... 20 years of service and the amendment in regulation 28, which was carried out in 2002 with retrospective effect from 1.9.2000 and the amendment inserted a proviso which provided that pension shall also be granted to an employee who opts to retire before attaining the age of superannuation but after having served for a minimum period of 13 years in terms of any scheme that may be framed for the purpose by the bank's board with the concurrence of the government. .....

V. Kasturi and ors. Vs. the Managing Director, State Bank of India and ...

Court : Chennai

Reported in : (1993)2MLJ473

..... section 50 of the state bank of india act, 1955 empowers the central board to make regulations ..... pointed out by the learned counsel that the state bank of india is constituted under the state bank of india act, 1955 and that the regulations can be framed under section 50 of the act, 1955. ..... also stated that rules and regulations are made as per the powers vested under the provisions of the state bank of india act, 1955. ..... the writ petition is as follows:.to issue a writ of declaration declaring that pension rules denying the petitioners of their pension and gratuity at the rate specified under regulation 46(2) of the state bank of india officers (determination of terms and conditions of service) order, 1979 as arbitrary and in violation of articles 14, 16 and 300-a of the constitution of india and to direct the respondents to pay the petitioners who had put in a minimum of 10 years of service, pension or pro-rata pension failing which gratuity ..... it is also alleged that in canara bank, full gratuity is paid to officers who resign after ten years of continuous service and that there is no reason why the respondent bank should prescribe two rates of gratuity one under the payment of gratuity act, 1972 and the other under regulation 46(2) of the state bank of india officers (determination of terms and conditions of serv-ice) ..... ) is framed, in exercise of the powers conferred by sub-section (1) of section 43 of the state bank of india act, 1955 and chapter ix provides for 'terminal benefits .....

K.M. Mukherjee Vs. Secretary and Treasurer, S.B.i. and ors.

Court : Kolkata

Reported in : AIR1968Cal59,(1969)ILLJ50Cal

..... the power conferred by section 43 of the state bank of india act, 1955, does not impose any limitations in this behalf:' the state bank may appoint such number of officers, advisers and employees as it considers necessary or desirable for the efficient performance of its functions, and determine the terms and conditions of their appointment and service. ..... chakrabarty further argues that the powers belonging to the central board can be exercised by any other person only if there is a regulation made under section 50 (2) of the act by the central board. ..... secondly, even if some other officer may be empowered to hold an inquiry and to propose a punishment, the punishment, under the statute, can be awarded only by the state bank, which, according to the regulations, means the central board, the local board or any of its committees. ..... the relevant portions or section 50 may be noticed at once:'(1) the central board may, after consultation with the reserve bank and with the previous sanction of the central government make regulations, not inconsistent with this act and the rules made thereunder, to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this act. .....

C.V. Raman Vs. Management of Bank of India and anr.

Court : Supreme Court of India

Reported in : AIR1988SC1369; [1988]64CompCas358(SC); JT1988(2)SC167; (1988)IILLJ423aSC; (1988)3SCC105; [1988]3SCR662; 1988(2)LC10(SC)

..... namely that the state bank of india and the nationalised banks are establishments under the central government we do not find it necessary to consider the question as to whether these banks are establishments which not being factories within the meaning of the factories act, 1948 are, in respect of matters dealt with in the tamil nadu shops act governed by a separate law far the time being in force in the state so as to be entitled to claim exemption under clause (f) of sub-section (1) of section 4 of the said act or of the corresponding provisions ..... section 18 of this act is in pan materia with section 45 of the state bank of india act. ..... a preliminary objection was raised on behalf of the state bank of india that it was an establishment under the central government within the meaning of section 4(1)(c) of the tamil nadu shops act and consequently the provisions of that act were not applicable to it. ..... under section 19 the power of the board of directors of a corresponding new bank to make regulations is subject to obtaining the previous sanction of the central government.10. ..... the preamble of the state bank of india act, 1955 (hereinafter referred to as act no. .....

M. Subramanian Vs. State Bank of Mysore, (Ho) K.G. Road, Bangalore and ...

Court : Chennai

Reported in : 2000(4)CTC451

..... a conspectus of the provisions of act no.23 of 1955 and act no.5 of 1970 read with the meanings of the term 'under' referred to above leaves no manner of doubt that the state bank of india and the nationalised banks are clearly establishments under the central government.'6. ..... 50 to the central board to make regulations has been made subject to the previous sanction of the central government. ..... 'section 3 provides that a bank to be called the state bank of india shall be constituted to carry on the business of a banking and other business in accordance with the provisions of the act and for the purpose of taking over the undertaking of the imperial bank. ..... section 49 confers power on the central government in consultation with the reserve bank to make rules to provide for all matters mentioned therein. ..... 7 the power to determine as to whether persons mentioned therein have observed the conditions contemplated by the said sub-section has been given to the central government and its decision has been made final, sub- section (3) of s.7 contemplates that the appointment, promotion or increment contemplated by the said sub-section as have been confirmed by the central government shall have effect or be payable or climbable. .....

Jagannath Dash Vs. State Bank of India and ors.

Court : Orissa

Reported in : (1979)IILLJ131Ori

..... the principles laid down above we are of the opinion that the central board cannot frame 'statutory regulations' in the exercise of its general power of superintendence under section 17 of the act without following the procedure laid down in section 50 of the act.in this view of the matter the impugned service rules cannot be held to be statutory unless they were framed after following the procedure prescribed by section 50 of the state bank of india act, 1966. ..... section 43 of the state bank of india act, 1955 provides:(1) the state bank may appoint such number of officers advisers and employees as it considers necessary or desirable for the efficient performance of its functions, and determine the terms and conditions of ..... section 50 of the said act provides:(1) the central board may, after consultation with the previous sanction of the central government make regulations, not inconsistent with this act and the rules made thereunder, to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this act ..... * * **sub-section (2) makes provision without prejudice to the generality of the power conferred under sub-section (1), to make regulations in respect of ..... be informed by the managing director, if he is serving in or under central office, or by the chief general manager, if he is serving in a circle, of the reasons for proposing to inflict such penalty and he shall be given an opportunity to make a written statement in his defence. .....

State Bank of India Vs. S. Vijaya Kumar

Court : Supreme Court of India

Reported in : [1991(61)FLR605]; (1992)IILLJ155SC

..... the following resolutionon august 30, 1968 :in exercise of the powers conferred by sub-section (1) of section 43 of the state bank of india act, 1955 (23 of 1955) and amended sub-regulation (2) (a) of regulation 55 of the state bank of india generalregulations, 1955, the executive committee of the central board of the state bank of india hereby makes the following order : the initial appointments and/or promotions to various categories of officers and other employees in the bank set out in column i hereunder shall be made by the authority specified in column ii : -------------------------------------------------------------------------------- column i column ii -------------------------------------------------------------------------------- employees working at branches (i) employees other (a) subordinate ..... it would be proper to give reference of the relevant provisions of the state bank of india act, 1955 (hereinafter referred to as the act), state bank of india general regulations, 1955 (hereinafter referred to as the regulations) and the state bank of india (supervising staff) service rules, 1975 (hereinafter referred to as the rules).12. ..... section 50(1) of the act confers powers on the central board of directors of the bank to make regulations ..... us the right whatsoever conferred on the employees of the state bank was on the basis of regulation 55(2) (a) and the central board of the bank was authorised to amend such regulations from any date under section 50(2)(a) of the act.27. .....

State of Bank of India Vs. S. Vijaya Kumar

Court : Supreme Court of India

Reported in : AIR1991SC79; JT1990(3)SC308; (1991)IILLJ122SC; 1990(2)SCALE110; (1990)4SCC481; [1990]3SCR398; 1990(2)LC467(SC); (1990)2UPLBEC961

..... exercise of the powers conferred by sub-section (1) of section 43 of the state bank of india act, 1955 (23 of 1955) and amended sub-regulation (2)(a) of regulation 55 of the state bank of india general regulations, 1955, the executive committee of the central board of the state bank of india hereby makes the following ..... in order to appreciate this controversy, it would be proper to give reference of the relevant provisions of the state bank of india act, 1955 (hereinafter referred to as the act), state bank of india general regulations, 1955 (hereinafter referred to as the regulations) and the state bank of india (supervising staff) service rules, 1975 (hereinafter referred t6 as the rules).section 43 of the act empowers the state bank to appoint such number of officers, advisors and employees as it considers necessary or desirable for the efficient performance of its functions and to determine the terms and conditions of their ..... the powers conferred by sub-section (3) of section 50 of the act, the reserve bank of india with the previous sanction of the central government made the state bank of india general regulations, 1955. ..... section 50(1) of the act confers powers on the central board of directors of the bank to make regulations ..... in hand before us the right whatsoever conferred on the employees of the state bank was on the basis of regulation 55(2)(a) and the central board of the bank was authorised to amend such regulations from any date under section 50(2)(a) of the act.27. .....

K. Chalapati Rao and anr. Vs. State Bank of India, Bombay and ors.

Court : Andhra Pradesh

Reported in : 1995(2)ALT367

..... section 50 of the above act, empowers the central board, after consultation with the reserve bank and with the previous sanction of the central government to make regulations not inconsistent with the said act and the rules and thereunder, to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of the above act ..... state bank of india was constituted under the state bank of india act, 1955, a central ..... under section 43 of the said act, the respondent-state bank of india is entitled to appoint its ..... the petitioner in the other case was appointed as a probationary office in the state bank of india - the respondent herein - on 18-9-1968 and worked in various capacities as an officer till 20-12-1986 and left the services of the respondent on the said date by resigning the ..... 15806 of 1991 was a practising advocate and joined the service of state bank of india - the respondent therein on 1-6-1974 at its local head officer at ..... it is a uniform rule in the service of state bank of india that minimum qualifying service for entitlement of pension is 20 ..... so far as the employees of the state bank of india are concerned, there is no discrimination adopted ..... apart from the general power under section 50(1) of the act, sub-section (2) of section 50 enumerates the said powers and under sub-clause (o) the rule relating to superannuation scheme is ..... in the instant case, there is power to make such a provision and the provision as mentioned above has been .....

Ramesh Krishna Rao Vs. State Bank of India

Court : Mumbai

Reported in : (1974)76BOMLR552; (1974)IILLJ441Bom; 1974MhLJ845

..... the state bank of india act, 1955 which confers power upon the central board to make regulations. ..... section 18(1) was particularly relied upon by him to show that in the discharge of its functions including those relating to a subsidiary bank the state bank shall be guided by such directions in matters of policy involving public interest as the central government may, in consultation with the governor of the reserve bank and the chairman of the state bank, give ..... great respect, we do not find any discussion in the judgment of the madhya pradesh high court on the question as to whether though the state bank could be said to possess inherent power under some sections of the act, in fact such power had been exercised and bye-laws were framed incorporating service conditions of its employees or not. ..... johnson (supra), it is clear that unless these bye-laws are such that these affect the public or some section of the public and are imposed by some authority clothed with statutory powers ordering something to be done or not to be done and are accompanied by some sanction or penalty for their non-observation, these would not be bye-laws having the force ..... the validity of a bye-law made by a country council, lord russell described a bye-law having the force of law as one affecting the public or some section of the public, imposed by some authority clothed with statutory powers ordering something to be done or not be done and accompanied by some sanction or penalty for its non-observance. .....