Incorporation, capital management and business




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The Reserve Bank of India Act, 1934

CONTENTS


CHAPTER I

PRELIMINARY

1. Short title, extent and commencement 1

2. Definitions 1



CHAPTER II

INCORPORATION, CAPITAL MANAGEMENT AND BUSINESS
3. Establishment and incorporation of Reserve Bank 3

4. Capital of the Bank 3

5. Increase and reduction of share capital 4

6. Offices. branches and agencies 4

7. Management 4

8. Composition of the Central Board, and term of office of directors 4

9. Local Boards, their constitution and functions 5

10. Disqualifications of Directors and members of Local Boards 5

11. Removal from and vacation of office 6

12. Casual vacancies and absences 6

13. Meetings of the Central Board 7

14. General meetings 7

15. First constitution of Central Board 7

16. First constitution of Local board 7

17. Business which the Bank may transact 7

18. Power of direct discount 16

18A. Validity of loan or advance not to be questioned 16

19. Business which the Bank may not transact 17



CHAPTER III

CENTRAL BANKING FUNCTIONS
20. Obligation of the Bank to transact Government business 17

21. Bank to have the right to transact Government business in India 17

21A. Bank to transact Government business of States on agreement 18

21B. Effect of agreements made between the Bank and certain States 18

before the 1st November, 1956

22. Right to issue bank notes 19

23. Issue Department 19

24. Denomination of notes 19

25. Form of bank notes 19

26. Legal tender character of notes 19

26A. Certain bank notes to cease to be legal tender 20

27. Re issue of notes 20

28. Recovery of notes lost, stolen, mutilated or imperfect 20

28A. Issue of special bank notes and special one rupee notes in certain cases cases 20

III

29. Bank exempt from stamp duty on bank notes 21



30. Powers of Central Government to supersede Central Board 21

31. Issue of demand bills and notes 21

32. Penalty 21

33. Assets of the Issue Department 21

34. Liabilities of the issue department 23

35. Initial assets and liabilities 23

36. Method of dealing with fluctuations in rupee coin assets 23

37. Suspension of assets requirements as to foreign securities 23

38. Obligations of Government and the Bank in respect of rupee coin 23

39. Obligation to supply different forms of currency 23

40. Transactions in foreign exchange 24

41A. Obligation to provide remittance between India and Burma 24

42. Cash reserve of scheduled banks to be kept with the Bank 24

43. Publication of consolidated statement by the Bank 30

43A. Protection of action taken in good faith 30

44. Power to require returns from co operative banks 30

45. Appointment of agents 30
CHAPTER IIIA

COLLECTION AND FURNISHING OF CREDIT INFORMATION
45A. Definitions 31

45B. Power of Bank to collect credit information 31

45C. Power to call for returns containing credit information 31

45D. Procedure for furnishing credit information to banking companies 32

45E. Disclosure of information prohibited 32

45F. Certain claims for compensation barred 33

45G. Penalties 33
CHAPTER III B

PROVISIONS RELATING TO NON BANKING INSTITUTIONS

RECEIVING DEPOSITS AND FINANCIAL INSTITUTIONS
45H. Chapter III B not to apply in certain cases 33

451. Definitions 33

45IA. Requirement of registration and net owned fund 35

45IB. Maintenance of percentage of assets 38

45IC. Reserve fund 39

45J. Bank to regulate or prohibit issue of prospectus or advertisement 39

soliciting deposits of money

45JA. Power of Bank to determine policy and issue directions 40

45K. Power of bank to collect information from non banking institutions as 40

to deposits and to give directions

45L. Power of Bank to call for information from financial institutions and 41

to give directions

45M. Duty of non banking institutions to furnish statements. etc required 42

by bank


45MA. Powers and duties of auditors 42
IV



45MB. Power of Bank to prohibit acceptance of deposit and alienation of 43

assets


45MC. Power of Bank to file winding up petition 43

45N. Inspection 44

45NA. Deposits not to be solicited by unauthorised persons 44

45NB. Disclosure of information 44

45NC. Power of bank to exempt 45

450. Penalties 45

45P. Cognizance of offences 45

45Q. Chapter IIIB to override other laws 45

45QA Power of Company Law Board to order repayment of deposit 45

45QB Nomination by depositors 46


CHAPTER III C

PROHIBITION OF ACCEPTANCE OF DEPOSITS BY

UNINCORPORATED BODIES
45R. Interpretation 47

45S. Deposits not to be accepted in certain cases 47

45T. Power to issue search warrants 48
CHAPTER IV

GENERAL PROVISIONS
46. Contribution by Central Government to the reserve fund 48

46A. Contribution to National Rural Credit (Long Term Operations)

Fund and National Rural Credit (Stabilisation) 48

46C. National Industrial Credit (Long Term Operations) Fund 48

46D. National Housing Credit (Long Term Operations) Fund 49

47. Allocation of surplus profits 49

48. Exemption of Banks from income tax and super tax 49

49. Publication of Bank rate 50

50. Auditors 50

51. Appointment of special auditors by Government 50

52. Powers and duties of auditors 50

53. Returns 50

54. Rural Credit and development 51

54A. Delegation of powers 51

54AA. Power of Bank to depute its employees to other institutions 51

55&56 Reports by the Bank, Power to require declaration as to ownership

of registered shares 52

57. Liquidation of the Bank 52

58. Power of the Central Board to make regulations 52

58A. Protection of action taken in good faith 53


CHAPTER V

PENALTIES
58B. Penalties 53

58C. Offences by companies 55

58D. Application of section 58B barred 55
V




58E. Cognizance of offences 55

58F. Application of fine 56

58G. Power of Bank to impose fine 56

THE FIRST SCHEDULE 57

THE SECOND SCHEDULE 57

THE THIRD SCHEDULE 64

THE FOURTH SCHEDULE 64

THE FIFTH SCHEDULE 64


VI




The Reserve Bank of India Act, 1934
[ Act No. 2 of 1934 ]

[6"March, 1934]


An Act to constitute a Reserve Bank of India

Whereas it is expedient to constitute a Reserve Bank of India to regulate the issue of Bank notes and the keeping of reserves with the view to securing monetary stability in India and generally to operate the currency any credit system of the country to its advantage;


And whereas in the present disorganisation of the monetary systems of the world it is not possible to determine what will be suitable as a permanent basis for the Indian monetary system;
But whereas it is expedient to make temporary provision on the basis of the existing monetary system, and to leave the question of the monetary standard best suited to India to be considered when the international monetary position has become sufficiently clear and stable to make it possible to frame permanent measures;
It is hereby enacted as follows
CHAPTER I

PRELIMINARY
1. Short title, extent and commencement  (1) This Act may be called the Reserve Bank of India Act, 1934.
(2) It extends to the whole of India.
(3) This section shall come into force at once, and the remaining provisions of this Act shall come into force on such date or dates as the Central Government may, by notification in the Gazette of India, appoint.
2. Definitions  In this Act, unless there is anything repugnant on the subject or context
(a) 1[***]
(ai) 2[***]
(aii) "the Bank" means the Reserve bank of India constituted by this Act;
(aiii) "Bank for International Settlement", means the body corporate established with the said name under the law of Switzerland in pursuance of an agreement dated the 20th January, 1930, signed at the Hague;

(b) "the Central Board" means the Central Board of Directors of the Bank;


(bi)3[***]
(bii) 4[***]

2 The Reserve Bank of India Act, 1934

(biii) 1[***]
(biv) 2[***]
(bv) 3[***]
(bvi) "Deposit Insurance Corporation" means the Deposit Insurance Corporation established

under section 3 of the Deposit Insurance Corporation Act, 1961 (47 of 1961);


(bvii) "Development Bank" means the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (18 of 1964 );
(bviii)4[***]
5[(bviiia) "Exim Bank" means the Export Import Bank of India established under the Export Import Bank of India Act, 1981;]
(bix) "foreign currency" and "foreign exchange" have the meanings respectively assigned to them in the Foreign Exchange Regulation Act, 1973 (46 of 1973);
(c) "Industrial Finance Corporation" means the Industrial Finance Corporation of India established under the Industrial Finance Corporation Act, 1948 (15 of 1948);
(ca) "International Development Association" means the "Association" referred to in the International Development Association (Status, Immunities and Privileges) Act, 1960 (32 of 1960);
(cb) "International Finance Corporation" means the "Corporation" referred to in the International Finance Corporation (Status, Immunities and Privileges) Act,1958 (42 of 1958);
(cc) "International Monetary Funds" and "International Bank for Reconstruction and Development" means respectively the "International Fund" and the "International Bank", referred to in the International Monetary Fund and Bank Act, 1945;
6[(ccc) "National Bank" means the National Bank for Agriculture and Rural Development established under section 3 of the National Bank for Agriculture & Rural Development Act, 1981;]
7[(ccc)"National Housing Bank" means the National Housing Bank established under section 3 of the National Housing Bank Act, 1987;]
(ci) (civ) 8[*****]

_____________________________________



1 Omitted by Act 61 of 1981, w.e.f.1 5 1982.

2 Omitted by Act 61 of 1981, w.e.f.1 5 1982.

3 Omitted by Act 61 of 1981, w.e.f.1 5 1982.

4 Omitted by Act 61 of 1981, w.e.f.1 5 1982.

5 Ins. by Act 28 of 1981, w.e.f.1 5 1982.

6 Inserted by Act 61 of 1981, w.e.f.1 5 1982

7 Ins. by Act 53 of 1987, w.e.f.9 7 1988.

8 Omitted by Act 61 of 1981, w.e.f. 1 5 1982.
The Reserve Bank of India Act. 1934 3
'[(cv) "Reconstruction Bank" means the Industrial Reconstruction Bank of India established under section 3 of the Industrial Reconstruction Bank of India Act. 1984;]
(d) "rupee coin" means rupees which are legal tender in India under the provisions of the Indian Coinage Act, 1906 (3 of 1906);
(e) "scheduled bank" means a bank included in Second Schedule;
2[(el) "Small Industries Bank" means the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989;]
(ea) "Sponsor Bank" means a Sponsor Bank as defined in the Regional Rural Banks Act, 1976;
(eb) "State Bank" means the State Bank of India constituted under the State Bank of India Act, 1955(23 of 1955);
(f) 3[***]

(fi) "State Financial Corporation" means any State Financial Corporation established under the State Financial Corporations Act, 1951 (63 of 1951);


(g) "Unit Trust" means the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963 );
4[(h) "agricultural operations", "central co operative bank", "co operative society", "crops", "marketing of crops", "pisciculture", "regional rural bank" and "state co operative bank" shall have the meanings respectively assigned to them in the National Bank for Agriculture and Rural Development Act, 1981;
(i) "co operative bank", "co operative credit society", "director", "primary agricultural credit society", "primary co operative bank" and "primary credit society" shall have the meanings respectively assigned to them in Part V of the Banking Regulation Act, 1949 (10 of 1949).]
CHAPTER II

INCORPORATION, CAPITAL MANAGEMENT AND BUSINESS
3.Establishment and incorporation of Reserve Bank  (1) A bank to be called the Reserve Bank of India shall be constituted for the purposes of taking over the management of the currency from the Central Government and of carrying on the business of banking in accordance with the provisions of this Act.
(2) The Bank shall be a body corporate by the name of the Reserve Bank of India, having perpetual succession and a common seal, and shall by the said name sue and be

sued.
4. Capital of the Bank -The capital of the bank shall be five crores of rupees.

____________________________

1 Ins. by Act 62 of 1984, w.e.f. 20-3-1985.

2 Ins. by Act 39 of 1989,w.e.f. 7-3-1990.

3 Omitted by Act 61 of 1981,w.e.f. 1-5-1982.

4 Ins. by Act 61 of 1981,w.e.f. 1-5-1982.
4 The Reserve Bank of India Act, 1934
5. Increase and reduction of share capital   [Repealed by Act 62 of 1948,w.e.f. 11 1949].
6. Offices. branches and agencies   The Bank shall as soon as may be, established offices in Bombay, Calcutta, Delhi, and Madras and may establish branches or agencies in any other place in India or, with the previous sanction of the Central Government elsewhere.
7. Management   (1) The Central Government may from time to time give such directions to the Bank as it may, after consultation with the Governor of the Bank, consider necessary in the public interests.
2) Subject to any such directions, the general superintendence and direction of the affairs and business of the Bank shall be entrusted to a Central Board of Directors which may exercise all powers and do all acts and things which may be exercised or done by the Bank.
(3) Save as otherwise provided in regulations made by the Central Board, the Governor and in his absence the Deputy Governor nominated by him in his behalf, shall also have powers of general superintendence and direction of the affairs and the business of the Bank, and may exercised all powers and do all acts and things which may be exercised or done by the Bank.
8. Composition of the Central Board, and term of office of directors   (1) The Central Board shall consist of the following Directors, namely:

(a) a Governor and not more than four Deputy Governors to be appointed by the Central Government;

(b) four Directors to be nominated by the Central Government, one from each of the four Local Boards as constituted by section 9.

(c) ten Directors to be nominated by the Central Government: and

(d) one Government official to be nominated by the Central Government.
(2) The Governor and Deputy Governors shall devote their whole time to the affairs of the Bank, and shall receive such salaries and allowances as may be determined by the Central Board, with the approval of the Central Government.
Provided that the Central Board may, if in its opinion it is necessary in the public interest so to do, permit the Governor or a Deputy Governor to undertake, at the request of the Central Government or any state government, such part time honorary work, whether related to the purposes of this Act or not, as is not likely to interfere with his duties as Governor or Deputy Governor as the case may be. '[Provided further that the Central Government may, in consultation with the Bank, appoint a Deputy Governor as the Chairman of the National Bank, on such terms and conditions as that Government may specify.]
(3) A Deputy Governor and the Director nominated under clause (d) of sub section (1) may attend any meeting of the Central Board and take part in its deliberations but shall not be entitled to vote.

_____________________________



1Ins. by Act 61 of 1981, w.e.f. 1-5-1982.


The Reserve Bank of India Act, 1934 5
Provided that when the Governor is, for any reason, unable to attend any such meeting, a Deputy Governor authorised by him in this behalf in writing may vote for him at that meeting.
(4) The Governor and a Deputy Governor shall hold office for such term not exceeding five years as the Central Government may fix when appointing them, and shall be eligible for re appointment.
A Director nominated under clause (c) of sub section (1) shall hold office for a period of four years and thereafter until his successor shall have been nominated.
A Director nominated under clause (d) of sub section (1) shall hold office during the pleasure of the Central Government.
(5) No act or proceeding of the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the board.
(6) 1[***]
(7) A retiring Director shall be eligible for re nomination.
9. Local Boards, their constitution and functions  (1) A Local Board shall be constituted for each of the four areas specified in the First Schedule and shall consist of five members to be appointed by the Central Government to represent, as far as possible, territorial and economic interest the interests of co operative and indigenous banks.
(2) The members of the Local Board shall elect from amongst themselves one person to be the chairman of the Board.
(3) Every member of a Local Board shall hold office for a term of four years and thereafter until his successor shall have been appointed and shall be eligible for reappointing.
(4) A Local Board shall advise the Central Board on such matters as may be generally or specifically referred to it and shall perform such duties as the Central Board may delegate to it.
10. Disqualifications of Directors and members of Local Boards  (1) No person may be a Director or a member of a Local Board who

  1. is a salaried Government official, or

  2. is, or at any time has been, adjudicated an insolvent, or has suspended payment or has compounded with his creditors, or

  3. is found lunatic or becomes of unsound mind, or

  4. is an officer or employee of any bank, or

  5. is a Director of banking company within the meaning of clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949), or of a cooperative bank.

(2) No two persons who are partners of the same mercantile firm, or are Directors of the same private company, or one of whom is the general agent of or holds a power of procuration from the other, or from a mercantile firm of which the other is a partner, may be Directors or members of the same Local Board at the same time.

__________________________________

1 Omitted by Act 10 of 1964, w.e.f.1 7 1964.
6 The Reserve Bank of India Act, 1934
(3) Nothing in clause (a), clause (d) or clause (e) of sub section (1) shall apply to the Governor, or to a Deputy Governor or to the Director nominated under clause (d) of sub section (1) of section 8.

11. Removal from and vacation of office (1) The Central Government may remove from office the Governor, or a Deputy Governor or any other Director or any member of Local Board.


1[***]
(2) A director nominated under clause (b) or clause (c) of sub section (1) of section 8 shall cease to hold office if without leave from the Central Board he absents himself from three consecutive meetings of the Board convened under sub section (1) of section 13.
(3) The Central Government shall remove from office any Director, and the Central Board shall remove from office any member of a Local Board, if such Director or member becomes subject to any of the disqualifications specified in sub section (1) or sub section (2) of section 10.
(4) A director or member of Local Board removed or ceasing to hold office under the foregoing sub sections shall not be eligible for re appointment either as Director or as member of a Local Board until the expiry of the term for which his appointment was made.
(5) The nomination as Director or member of a Local Board of any person who is a member of Parliament or the Legislature of any State shall be void, unless within two months of the date of his nomination be ceases to be such member, and if any Director or member of a Local Board is elected or nominated as a member of Parliament or any such Legislature, he shall cease to be a Director or member of the Local Board as from the date of such election or nomination, as the case may be.
(6) A director may resign his office to the Central Government, and a member of a Local Board may resign his office to the Central Board, and on the acceptance of the resignation the office shall become vacant.
12. Casual vacancies and absences (1) If the Governor or a Deputy Governor by infirmity or otherwise is rendered incapable of executing his duties or is absent on leave or otherwise in circumstances not involving the vacation of his appointment, the Central Government may, after consideration of the recommendations made by the Central Board in this behalf, appoint another person to officiate for him, and such person may, notwithstanding anything contained in clause (d) of sub section (1) of section 10, be an officer of the Bank.


  1. 2[***]

(3) Where any casual vacancy in the office of any member of a Local Board occurs, the Central Board may nominate thereto any person recommended by the other members of the Local Board.


___________________________________

1 Omitted by Act 62 of 1948,w.e.f. I I 1949.

2 Omitted by Act 62 of 1948,w.e.f. 1 1 1949.
The Reserve Bank of India Act, 1934 7

(4) Where any casual vacancy occurs in the office of a Director other than the vacancies provided for in sub section (1), the vacancy shall be filled by the Central Government.


(5) A person nominated under this section to fill a casual vacancy shall hold office for the unexpired portion of the term of his predecessor.
13. Meetings of the Central Board  (1) Meetings of' the Central Board shall be convened by the Governor at least six times in each year and at least once in each quarter.
(2) Any four Directors may require the Governor to convene a meeting of the Central Board at any time and the Governor shall forthwith convene a meeting accordingly.
(3) The Governor or if for any reason, he is unable to attend, the Deputy Governor authorised by the Governor under the proviso to sub section (3) of Section 8 to vote for him, shall preside at meetings of the Central Board, and. in the event of an equality of voter, shall have a second or casting vote.
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