Bank Regulation Act 1949
Features of Bank Regulation Act 1949 are as follows
1. The Nature and Development of Banking
1.1. History of Banking in India – Evolution
1.2. Constitutional perspectives – Union list entries 36,37, 38,43,44,45 And 46 State list, entry 30 of List ii
2. RELATIONSHIP OF BANKER AND CUSTOMER
2.1. Banker, banking business, meaning of customer, types of accounts
2.2. Contract between banker and Customer, general relation, legal relation, their rights and duties
2.3. Banker’s Lien
2.4. Banking instruments, bank notes, bankers drafts, deposit receipts, Letter of credit, indemnities, traveler’s cheques, postal order, Dividend warrants, bonds
3. LAW RELATING TO BANKING COMPANIES IN INDIA
3.1. The Banking Companies Act. 1949, Extent and application, business of Banking companies, control and management by reserve bank, suspension of business and winding up of banking companies, special provisions for speedy disposal of winding up of proceedings. Coimbatore lawyers deal cases related to Bank Regulation Act 1949.
4. The Banking Regulation Act. 1948, extent and application business of Banking companies, provisions for winding up
5. Reserve Bank of India Act. 1934 characteristics, and functions, objectives legal status and organizational structure, functions such as; banking, Currency, banker to government, exchange control over non banking companies and supervision of other banks (see sections 17,18 and 42). Co – operative banking law: Banking Regulation (Co- operative Societies) Rules, 1966 – Co –operative Credit Society Act. 1904 and 1970
6. NATIONALISATION OF BANKS:
6.1. Banking Companies (Acquisition and Transfer of undertaking) Act. 1969 and 1970
6.2. Legislative competence for nationalization: Entries 43, 44 and 45 of List – I Entry 42 of List – III, Entry 7 and 52 of List – I, Entries 24, 26, 27 of List – II, 33 of List – III: Entries 54, 56 of List – I: Articles 19(1) (f), 19(5), 31, 31 (1)
6.3. Banks before and after nationalization: growth, assets and liabilities, efficiency and profitability, recovery frauds in banks, bank robberies
7. FOREIGN EXCHANGE CONTROL AND BANKING FOR NONRESIDENTIAL INDIANS
7.1. FERA , 1974, authorized dealers in foreign exchange, restrictions on dealing on payment (Sections 3 to 10, 13 to 17, 19 22 to 27 only)
8. Law relating to negotiable instruments: Negotiable Instruments Act. 1881
8.1. Meaning, Kinds of negotiable instruments, promissory notes
8.2. Bills of exchange, holder, holder in due course, parties
8.3. Negotiation, presentiment, discharge from liability
8.4. Dishonour, noting and payment forhonourcheques, crossing of cheques, pledge land II stocks, shares, life policies, documents of title to goods, guarantee and hypothecation
9. Reforms in Indian Banking Law: The Indian banking commission and banking laws, committee of Government of India, A review of their Recommendations in Transfer of Property Act 1882.
BOOKS RECOMMENDED FOR STUDY
1. Sheldon, Law of Banking
2.Tunner, Law of Banking
3.Gulati, Banking Companies Act.
4.Maheswari, Banking Law and Practice
5.Ravi. R Mehta, Fundamentals of Banking
6. Promod Kumar Mukherjee, Modern Banking Theory
7. S.G.Panandikar, Banking in Indi