BANKING POLICES ACT 1949 The Bank Regulation Action was handed as the Banking Companies Action 1949 and came into push wef 18. 3. 49.
Subsequently it had been changed to Bank Regulations Take action 1949 wef 01. 03. 66. Brief summary of some important areas is offered hereunder. The section number is given by the end of each item. For information, kindly send the simple Act. * Banking means accepting when it comes to lending or perhaps investment of deposits of money from open public repayable upon demand or otherwise and withdrawable by talón, drafts buy or otherwise (5 (i) (b)). Banking company means any business which transacts the business of banking (5(i)(c) * Work banking business in India (5 (i) (e). 5. Demand financial obligations are the debts which should be met upon demand and time financial obligations means liabilities which are not demand debts (5(i)(f) * Secured bank loan or developments means credit or advance made within the security of asset the industry value which is not at any time less than the amount of these kinds of loan or advances and unsecured financial loan or improvements means credit or enhance not guaranteed (5(i)(h). Specifies business a banking organization may be engaged in like borrowing, lockers, page of credit, traveller cheques, mortgages and so on (6(1). * States that no company shall engage in any form of business other than all those referred in Section 6(1) (6(2). * For banking institutions carrying about banking organization in India to use by least one word bank, banking, banking company in its name (7). * Limitations on organization of selected kinds such as trading of goods etc . (8) * Prohibits banks from holding any immovable house howsoever attained except while acquired due to the own make use of for a period exceeding 7 years from purchase of the property.
RBI may extend this period simply by five years (9) 2. Prohibitions in employments like Chairman, Company directors etc (10) * Paid up capital, reserves and rules associated with these (11 , 12) * Banking institutions not to pay out any commission payment, brokerage, low cost etc . much more than 2 . five per cent of paid out up benefit of one reveal (13) * Prohibits a banking organization from building a charge upon any past due capital in the company. (14) Section 14(A) prohibits a banking organization from building a floating charge on the executing or any property of the organization without the RBI permission. 5.
Prohibits repayment of dividend by any bank until all of it is capitalised expenditures have been completely created off (15) * To produce reserve finance and 20% of the revenue should be utilized in this account before any dividend is usually declared (17 (1)) * Cash reserve , Non-scheduled banks to maintain 3% of the demand and time financial obligations by way of cash reserves with by itself or using balance within a current account with RBI (18) * Permits banks to form subsidiary company for certain functions (19) * No bank company shall hold stocks in any organization, whether because pledgee, mortgagee or overall owners of any amount going above 30% of its own paid out up discuss capital & reserves or 30% from the paid up share capital of that firm whichever is much less. (19(2). Limitations on financial institutions to give loan to person thinking about management from the bank (20) * Power to Reserve Traditional bank to issue directive to banks to ascertain policy for advances (21) * Just about every bank to take care of a percentage of its require and time liabilities using cash, gold, unencumbered investments 25%-40% because on last Friday of second preceding week (24). 5. Return of unclaimed debris (10 years and above) (26) 2. Every financial institution has to post its balance sheet as upon March 31st (29). 2. Balance sheet will be got audited from competent auditors (30 (i)) * Publish balance sheet and auditors report within just 3 months through the end of period to which they send.
RBI may extend the time by further three month (31) 2. Prevents banking companies from creating any confidential information to the authority under Indl Disputes Act. (34A) * RBI authorised to attempt inspection of banks (35). * Amendment carried in the Act during 1983 empowers Central Govt to framework rules specifying the period for which a financial institution shall preserve its catalogs (45-y), nomination facilities (45ZA to ZF) and return a paid instrument to a customer keeping a true replicate (45Z). 5. Certain results are also instructed to be provided for RBI by simply banks such as monthly return of liquid assets and financial obligations (24-3), quarterly return of assets and liabilities in India (25), return of unclaimed deposits i. electronic. 10 years and above (26) and regular monthly return of assets and liabilities (27-1).