Important Provisions of Banking Regulation Act
a. Prohibition of Trading (Section 8) A Banking company cannot directly or
indirectly deal in the buying or selling or bartering of goods. However, it may
buy, sell or barter in connection with the bills of exchange received for
collection or negotiation.
b. Disposal of Non-banking Assets (Section-9)
A banking company can only acquire immovable property for its own
use.
Other immovable properties acquired must be disposed off within
seven years from the date of acquisition.
However, in any particulars case, The Reserve Bank of India may
extend such period of seven years if it is satisfied , that such extension
would be in the interest of the depositors of the banking company
C. Statutory Reserve fund:-section 17 requires every banking company shall
create a reserve fund and transfer at least 25% of its profits to reserve
before any dividend is paid.
d.Cash Reserve Ratio (Sec. 18 )As per sec. 18 of Banking Reg. Act.1949,
every scheduled commercial bank in India is required to maintain:-
a daily cash reserve balance to the extent of 4% of its total demand
and time liabilities in India as on last Friday of the-second preceding
fortnight shall submit to the Reserve Bank before the twentieth day
of every month return showing the amount so held on alternate
Friday during a month with particulars of its demand and time
liabilities in India on such Friday or if any such Friday is a Public holiday
under the negotiable Instrument Act at the close of business on the
preceding working day.
As per sec. 42 of RBI Act. 1949, every Scheduled Bank in India shall
maintain with the Bank an average daily balance the amount of which
shall not be less than 4%of the total of the demand and time liabilities
in India of such bank as shown in the return referred to in Section 42
(2), which shall send to the bank at the close of business on each
Friday, but not later than seven days after the date to which it relates.
The aforesaid limit can be raised by RBI up to 15 %.
e.Statutory Liquidity Reserve (SLR) (Sec. 24 of Banking Reg. Act.
1949):Every banking company shall maintain in India in cash, gold or
unencumbered approved securities, valued at a price not exceeding the
current market price, an amount which shall not at the close of the business
on any day be less than 21.5% of the total of its demand and time liabilities
in India. This limit can be raised by RBI up to 40%.
f. Unclaimed Deposit: (Section-26)Every banking company is required to
submit a return in the prescribed form and manner to the reserve bank of
India at the end of the each calendar year of all accounts in India which
could not be operated for 10 years. This report is to be submitted within 30
days after the close of each calendar year.
g. Final Accounts (Sec. 29)- According to Section 29 of the Banking
Regulation Act, 1949, every banking company is required to prepare at end
of the accounting year (i.e. 31st March) a Balance Sheet and a Profit and
Loss Account in the Form A and 'Form B' respectively set out in the III
schedule or as near thereto as circumstances admit.
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