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THE BANKING REGULATION ACT, 1949 - CONT'D

Business of banking Companies Section 6(1) and 6(2) r.w. 56(b)

  1. Borrowing, raising or taking of money
  2. Giving advance
  3. Bills business
  4. L/C , Bank Guarantee, Indemnity
  5. Foreign exchange
  6. Providing safe deposit vaults
  7. Collecting and transmitting money
  8. Managing, selling and realizing any property that may come into the possession of the bank in satisfaction or part satisfaction of any of its dues
  9. Acquiring, holding and dealing with any property or any right, title or interest in any such property that may form the security or part of the security for any loans or advances or which may be connected with such security
  10. Undertaking and executing trusts
  11. Acquiring, constructing, maintaining and altering of any building for the purpose of the bank
  12. Acquiring and undertaking the whole or part of the business of any person or bank / company if its nature of business is as per the allowed business for the bank
  13. Doing all such other things as are incidental or conducive to the promotion or advancement of the business of the bank
  14. Any other business the Central Govt. may by notification specify as a allowed business
  15. Banks are prohibited to do any other business

 

Use of words bank, banker, banking or banking company

(1) No company other than a banking company shall use as part of its name 15[or, in connection with its business] any of the words bank, banker or banking and no company shall carry on the business of banking in India unless it uses as part of its name at least one of such words.
(2) No firm, individual or group of individuals shall, for the purpose of carrying on any business, use as part of its or his name any of the words bank, banking or banking company.
(3) Nothing in this section shall apply to-
(a) a subsidiary of a banking company formed for one or more of the purposes mentioned in sub-section (1) of section 19, whose name indicates that it is a subsidiary of that banking company;
(b) any association of banks formed for the protection of their mutual interests and registered under section 25 of the Companies Act, 1956 (1 of 1956).]

Applicability against other laws

Provisions of the Banking regulation Act, 1949 are not in substitution of other laws applicable, unless otherwise expressly said (Section 2 sub  56 (b)

Act is not applicable to

  • Primary Agricultural Society
  • Co-operative Land Mortgage Bank
  • Any other co-operative society except as provided by Sec. 56(Section 3)

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