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Section 5 – The Banking Regulation Act,1949

The Banking Regulation Act,1949

Section 5. Interpretation

1[In this Act], unless there is anything repugnant in the subject or context,

2[(a) “approved securities” means–

(i) securities in which a trustee may invest money under clause (a), clause (b), clause (bb), clause (c) or clause (d) of section 20 of the Indian Trusts Act,1882 (2 of 1882);

(ii) such of the securities authorised by the Central Government under clause (f) of section 20 of the Indian Trusts Act,1882 (2 of 1882), as may be prescribed;]

(b) “banking” means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawal by cheque, draft, order or otherwise;

(c) “banking company” means any company which transacts the business of banking 3[in India];

Explanation. Any company which is engaged in the manufacture of goods or carries on any trade and which accepts deposits of money from the public merely for the purpose of financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause;

4[(ca) “banking policy” means any policy which is specified from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, the volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources;]

5[(cc) “branch” or “branch office” , in relation to a banking company, means any branch or branch office, whether called a pay office or sub-pay office or by any other name, at which deposits are received, cheques cashed or moneys lent, and for the purposes of section 35 includes any place of business where any other form of business referred to in sub-section (1) of section 6 is transacted;]

6[(d) “company” means any company as defined in section 3 of the Companies Act,1956 (1 of 1956); and includes a foreign company within the meaning of section 591 of that Act;)

7[(da) “corresponding new bank” means a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act,1970 (5 of 1970); or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act,1980 (40 of 1980);]

8[* * * * *]

(f) “demand liabilities” means liabilities which must be met on demand, and “time liabilities” means liabilities which are not demand liabilities;

9[(ff) “Deposit Insurance Corporation” means the Deposit Insurance Corporation established under section 3 of the Deposit Insurance Corporation Act,1961 (47 of 1961);]

10[(ffa) “Development Bank” means the Industrial Development Bank of India established under section 3 of the Industrial Development Bank of India Act,1964 (18 of 1964);

(ffb) “Exim Bank” means the Export-Import Bank of India established under section 3 of the Export-Import India Act,1981 (28 of 1981);]

11[(ffc) “Reconstruction Bank” means the Industrial Reconstruction Bank of India established under section 3 of the Industrial Reconstruction Bank of India Act,1984 (62 of 1984);]

12[(ffd) “National Housing Bank” means the National Housing Bank established under section 3 of the National Housing Bank Act,1987;]

(g) “gold” includes gold in the form of coin, whether legal tender or not, or in the form of bullion or ingot, whether refined or not;

13[(gg) “managing agent” includes.

(i) Secretaries and Treasur ers;

(ii) Where the managing agent is a company, and director of such company, and any member thereof who holds substantial interest in such company;

(iii) Where the managing agent is a firm, any partner of such firm;]

14[(h) “managing director”, in relation to a banking company, means a director who, by virtue of an agreement with the banking company or of a resolution passed by the banking company in general meeting or by its Board of directors or, by virtue of its memorandum or articles of association, is entrusted with the management of the whole, or substantially the whole of the affairs of the company, and includes a director occupying the position of a managing director, by whatever name called:]

15[Provided that the managing director shall exercise his powers subject to the superintendence, control and direction of the Board of Directors;]

16[(ha) “National Bank” means the National Bank for Agriculture and Rural Development established under section 3 of the National Bank for Agriculture and Rural Development Act,1981;]

17[* * * * *]

(j) “prescribed” means prescribed by rules made under this Act;

16[(ja) “regional rural bank” means a regional rural bank established under section 3 of the Regional Rural Banks Act,1976 (21 of 1976);]

17[* * * * *]

18[(1) “Reserve Bank” means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act,1934 (2 of 1934);]

17[* * * * *]

(n) “secured loan or advance” means a loan or advance made on the security of assets the market value of which is not at any time less than the amount of such loan or advance; and “unsecured loan or advance” means a loan or advance not so secured;

19[(ni) “Small Industries Bank” means the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India,1989;]

20[(na) “small-scale industrial concern” means an industrial concern in which the investment in plant and machinery is not in excess of seven and a half lakhs of rupees or such higher amount, not exceeding twenty lakhs of rupees, as the Central Government may, by notification in the Official Gazette, specify in this behalf, having regard to the trends in industrial development and other relevant factors;]

21[(nb) “Sponsor Bank” has the meaning assigned to it in the Regional Rural Banks Act,1976 (21 of 1976);

(nc) “State Bank of India” means the State Bank of India constituted under section 3 of the State Bank of India Act,1955 (23 of 1955);]

22[(nd)] “subsidiary bank” has the meaning assigned to it in the State Bank of India (Subsidiary Banks) Act,1959;

23[(ne)] ” substantial interest”.

(i) in relation to a company, means the holding of a beneficial interest by an individual or his spouse or minor child, whether singly or taken together, in the shares thereof, the amount paid up on which exceeds five lakhs of rupees or ten percent of the paid-up capital of the company, whichever is less;

(ii) in relation to a firm, means the beneficial interest held therein by an individual or his spouse o r minor child, whether singly or taken together, which represents more than ten per cent of the total capital subscribed by all the partners of the said firm;]]

24[(o) all other words and expressions used herein but not defined and defined in the Companies Act,1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act.]

25[* * * * *]

——————-

1. Substituted by Act 55 of 1963, Section 6, for “(1) In this Act,” w.e.f. 1-2-1964

2. Clause (a ) S
ubstituted by Act 1 of 1984, Section 13 w.e.f. 15-2-1984.

3. Substituted by Act 20 of 1950, Section 3, for “in any State” .

4. Inserted By Act 58 of 1958, Section 2 w.e.f. 1-2-1969.

5. Inserted By Act 58 of 1959, Section 2 w.e.f. 1-10-1959.

6. Substituted by Act 58 of 1959 Section 2, for clause (d) w.e.f. 1-10-1959.

7. Inserted By Act 1 of 1984, Section 13 w.e.f. 15-2-1984.

8. Clause (e) omitted by Act 52 of 1953, Section 2.

9. Inserted By Act 47 of 1961, Section 51 and Schedule II, Pt. II w.e.f. 1-1-1962.

10. Inserted By Act 1 of 1984, Section 13 w.e.f. 15-2-1984.

11. Inserted by Act 62 of 1984, Section 71 and Third Schedule w.e.f. 20-3-1985.

12. Inserted by Act 53 of 1987, Section 56 and Second Schedule w.e.f. 9-7-1988.

13. Inserted by Act 58 of 1968, Section 2 w.e.f. 1-2-1969.

14. Substituted by Act 33 of 1959, Section 2, for clause (h) w.e.f. 1-10-1959.23Added by Act 58 of 1968, Section 2 w.e.f. 1-2-1969.

15. Added by Act 58 of 1968, Section 2 w.e.f. 1-2-1969.

16. Inserted by Act 61 of 1981, Section 61 and Second Schedule, Pt. II w.e.f. 1-5-1982.

17. Clauses (i), (k) and (m) omitted by Act 33 of 1959, Section 2 w.e.f. 1-5-1982.

18. Inserted by Act 1 of 1984, Section 13 w.e.f. 15-2-1984

19. Inserted by Act 39 of 1989, Section 53 and Second Schedule, Pt. III w.e.f. 25-10-1989

20. Inserted by Act 58 of 1968, Section 2 w.e.f. 1-2-1969.

21. Inserted by Act 58 of 1968, Section 2 w.e.f. 1-2-1969

22. Clause (nb) re/lettered as Clause (nb) by Act 1 of 1984, Section 13 w.e.f. 15-2-1984

23. Clause (nc) re/lettered as Clause (ne) by Act 1 of 1984, Section 13 w.e.f. 15-2-1984

24. Inserted by Act 33 of 1959, Section 2 w.e.f. 1-10-1959.

25. Sub-section (2) omitted by the A.O. 1950

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