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19BMC205B - Unit1 - Nature of Banking Business
19BMC205B - Unit1 - Nature of Banking Business
Course Leader
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Faculty of Management and Commerce © Ramaiah University of Applied Sciences
Lecture No. 1
Regulations Governing Banking Institutions
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Contents
• Banks
• Different Types of Banks
• Preamble of Regulatory Act
• Applicability of Banking Regulation Act
• Business of Banking Companies
• Cash Reserve Ratio
• Statutory Liquidity Ratio
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Banks
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Services offered by Banks
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Services offered by Banks
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Different Types of Banks
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Commercial Banks
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Commercial Banks
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Public Sector Banks
• These are the nationalised banks and account for more than 75 per
cent of the total banking business in the country. Majority of stakes
in these banks are held by the government. In terms of volume, SBI
is the largest public sector bank in India and after its merger with its
5 associate banks (as on 1st April 2017) it has got a position among
the top 50 banks of the world.
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Public Sector Banks
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Private Sector Banks
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Private Banks
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Foreign Banks
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Foreign Banks
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Regional Rural Banks
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Small Finance Banks
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Small Finance Banks
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Payment Banks
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Co-operative banks
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Urban Co-operative Banks
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State Cooperative Bank
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Non-scheduled bank
• Non-scheduled banks refer to the local area banks which are not
listed in the Second Schedule of Reserve Bank of India. Non-
Scheduled Banks are also required to maintain the cash reserve
requirement, not with the RBI, but with them.
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Preamble of Regulatory Act
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Introduction
The Banking companies act, presently known as banking regulation act was
enacted owing to safeguard the interest of depositors, control abuse of
power by some bank personnel controlling the banks in particular and to the
interest of Indian economy in general.
The Banking Regulation Act was passed as the Banking Companies Act 1949
and came into force w.e.f 16.3.49. Subsequently it was changed to Banking
Regulations Act 1949 wef 01.03.66.
However, it should be remembered that this act does not supersede the
provision of companies act or any other law for the time being in force in
respect of banking business.
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Definition of Banks
In India, the definition of the business of banking has been given in the Banking
Regulation Act, (BR Act), 1949. According to Section 5(c) of the BR Act, 'a
banking company is a company which transacts the business of banking in
India.' Further, Section 5(b) of the BR Act defines banking as, 'accepting, for the
purpose of lending or investment, of deposits of money from the public,
repayable on demand or otherwise, and withdrawable, by cheque, draft, order
or otherwise.'
This definition points to the three primary activities of a commercial bank which
distinguish it from the other financial institutions. These are: (i) maintaining
deposit accounts including current accounts, (ii) issue and pay cheques, and (iii)
collect cheques for the bank's customer
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Different provisions of Banking
regulations
S. No. Parts Topics Act Sections covered
1. I Preliminary 1 to 5A
2. II
3. IIA Control over management 36AA to 36AC
4. IIB
9. IV Miscellaneous 46 to 55A
10. V Application of the Act to cooperative Banks 56 28
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Commerce © Ramaiah University of Applied Sciences
Applicability of the Banking Regulation Act,
1949
1. Nationalized Banks
2. Non-Nationalized Banks
3.Cooperative Banks
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Business of banking Companies Section 6(1)
and 6(2) r.w. 56(b)
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Business of banking Companies Section 6(1) and 6(2)
r.w. 56(b) cont.…
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Business of banking Companies Section 6(1) and 6(2)
r.w. 56(b) cont.…
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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-
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Commerce © Ramaiah University of Applied Sciences
Banking Policy
“Banking Policy”means policy specified by RBI from time to time in the interest of
-Banking system
-Monetary stability
-Interest of depositors
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Cash Reserve (CRR)
Section 18 r. w. 56 (j)
• Every bank is required to keep cash reserve, with itself or
by way of balance in the current account with RBI or
Central / District Co-operative Bank or net balance in all such
way, of minimum prescribed % amount of its DTL as of last Friday
of fortnight
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Statutory Liquid Ratio(SLR)
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Restrictions on loans and advances
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Licensing of Banking Companies
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Power to publish information
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Power of the Reserve Bank to give
directions
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Powers of the Reserve Bank to give directions cont.
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Powers and functions of Reserve Banks
• 1.
– caution or prohibit banking companies or any banking company
in particular against entering into any particular transaction or
class of transactions, and generally give advice to any banking
company;
– on a request by the companies concerned and subject to the
provision of section 149[44A], assist, as intermediary or
otherwise, in proposals for the amalgamation of such banking
companies;
– give assistance to any banking company by means of the grant of
a loan or advance to it underclause (3) of sub-section (1) of
section 18 of the Reserve Bank of India Act, 1934 (2 of 1934);
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Powers and functions of Reserve Banks cont.
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Certain provisions of the Act not to apply to
certain banking companies
(1)The provisions of section II, sub-section (1) of section 12, and sections
17, 18, 24 and 25 shall not apply to a banking company—
• (a) which, whether before or after the commencement of the Banking Companies
(Amendment) Act, 1959 (33 of 1959), has been refused a licence under section 22, or
prohibited from accepting fresh deposits by a compromise, arrangement or scheme
sanctioned by a court or by any order made in any proceeding relating to such compromise,
arrangement or scheme, or prohibited from accepting deposits by virtue of any alteration
made in its memorandum; or
• (b) whose licence has been cancelled under section 22, whether before or after the
commencement of the Banking Companies (Amendment) Act, 1959 (33 of 1959).
• (2) Where the Reserve Bank is satisfied that any such banking company as is referred to in
sub-section (1) has repaid, or has made adequate provision for repaying all deposits
accepted by the banking company, either in full or to the maximum extent possible, the
Reserve Bank may, by notice published in the Official Gazette, notify that the banking
company has ceased to be a banking company within the meaning of this Act, and
thereupon all the provisions of this Act applicable to such banking company shall cease to
apply to it, except as respects things done or omitted to be done before such notice.]
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Control over management
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Control over management
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Suspension of business and winding
up of banking companies
Court liquidator
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Course Code: 18BMC205B
Course Title: Banking and Financial Institutions
Course Leader
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Lecture No. 2
Regulations Governing Non- Banking Financial
Institutions
At the end of this session, students will be able to:
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Contents
Meaning of NBFI
Difference between NBFI and banks
Importance and Role of NBFI
Functions and Regulations
Types and Guidelines
Top five NBFI
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Financial Institution
FINANCIAL INSTITUTION
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NBFI’s VERSUS BANK’s
BANKS NBFIS
Need for a license License norms are tightly controlled It is comparatively much
and generally it is perceived to be easier to get a registration
quite difficult to get a license for a as an NBFI.
bank
Regulations BR Act and RBI Act lay down the Much lesser control over
stringent control over the bank. NBFI
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Importance
Non banking financial institutions have the following
importance in Indian economy.
Greater reach.
Flexibility in tapping resources.
Retail services to small and medium business.
Important component of financial
market.
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Role of NBFIs
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Regulation
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Types of NBFI
Risk
pooling
institutions
Financial Contractual
services saving
providers institutions
types
Specialized
Market
sectoral
makers
financiers
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Types of NBFI
Risk-pooling institutions:
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Types of NBFI cont.
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Types of NBFI cont.
Market makers
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Types of NBFI cont.
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Types of NBFI cont.
• Financial service providers Financial service providers include
brokers management consultants, and financial advisors, and
they operate on a fee-for-service basis.
• Their services include: improving informational efficiency for the
investors and, in the case of brokers, offering a transactions
service by which an investor can liquidate existing assets.
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Company’s under NBFC
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Guidelines on fair
Practices
• Application for loans and their processing.
• Loan appraisal and terms\conditions.
• Disbursement of loan.
• Customer acceptance policy.
• Customer identification procedure.
• Monitoring of transactions.
• Risk management.
• Kyc for existing accounts.
• Appointment of principal officer 65
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Top five NBFCs in India:
• Housing Development Finance Corporation Limited
• Power Finance Corporation Limited
• Rural Electrification Corporation Limited
• National Bank of Agricultural and
Rural Development
• Infrastructure Development Finance
Company Limited
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Lecture No. 3
Socio economic environment
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Contents
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Obligations of Bankers
• Bankers are under the obligations to fulfil certain duties while dealing
with customers. Such obligations are as under:
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Obligation to Honour the Customer’s Cheques
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Obligation to Honour the Customer’s Cheques Contd..
• Sufficient Balance
• Application of the Funds
• Duly Required to Pay
• The instrument used for drawing the amount should be properly
written and fulfil and legal obligations.
• There should not be any legal restriction to pass the cheque for
payment say in case of Garnishee order, restriction is imposed in the
account.
• Consequences of Wrongful Dishonor of Cheque
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Obligation to Maintain Secrecy of Customer’s
Account
• A bank’s profession also demands that he should maintain the
particulars of his customer’s accounts in secret
• The banker has an implied obligation to maintain secrecy of the
customers account
• He should not disclose matters relating to the customer’s financial
position since it may adversely affect the customer’s credit and
business
• This obligation continues even after the account of the customer is
closed
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Obligation to Maintain Secrecy of Customer’s Account Contd..
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Obligation to Give Reasonable Notice before
Closing the Account
• According to law, a debtor and a creditor may terminate the
relationship without notice – by the debtor paying off the balance or
the creditor recalling the debt
• It is not so simple between a banker and a customer for the obvious
reason that the banker is under an obligation to honour his customer’s
cheques
• If this obligation could be terminated by the banker without notice,
the customer might be faced with an embarrassing situation
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Disclosure of information about customers account
as required by law
• When the law requires such disclosure to be made
Under the Income- Tax Act, 1961
Under the Companies Act, 2013
By order of the Court under the Banker’s Books Evidence Act, 1891
Under the Reserve Bank of India Act,1934
Under the Banking Regulation Act, 1949
Under the Gift Tax Act, 1958
Disclosure to Police
Under the Foreign Exchange Management Act, 1999
Under the Industrial Development Bank of India Act, 1964
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Lecture No. 4
Evolution and History of Banking
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Contents
• History of Banking
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Evolution of Banking Institutions
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Evolution of Banking Institutions Contd..
• If the creditor also had an account at the same bank, the account was
settled by an order to make the transfer of such money from one
name to another
• These bankers also received deposits and lent money
• Loan banks were also common in Rome. From these loan banks, the
poor citizens received loans without paying interest. They lent money
for period of 3-4 years on the security of land
• During the early periods, though the banking business was done by
private individuals, many countries established public banks either for
the purpose of facilitating commerce or to serve the Government
• Originally, it was not a bank in the modern sense, being simply an
office for the transfer of the public debt
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Evolution of Banking Institutions Contd..
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Evolution of Banking Institutions Contd..
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History of Indian Banking
• Indian Banking system, as you see it today in India has come a long
way.
• It has transitioned from unorganized system of lending and borrowing,
passing through establishments of private banks to nationalization, to
liberalization and now facing globalization of the financial world.
• It is interesting note that some parts of our county still has
unorganized system of finance.
• The organized system is so well developed that it can compete with its
international counterparts in terms of technology, financial products
and services infrastructure, efficiency and professtionalism.
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History of Indian Banking Contd…
• There exist a rich history behind all this development but in the
current context its best to review it in phases i.e
• Pre - independence
• Post - independence
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History of Indian Banking Contd…
• Pre-Independence
As you would know the indigenous system of banking had existed in
India for many centuries an catered the credit needs of the economy
of the that time.
– Indigenous Bankers
• Form ancient days Indigenous Bankers had been organized in the
form of family or individual business
• These indigenous bankers varied in size and belonged to different
parts of the country
• These indigenous bankers used to lend money against all kinds of
securities such as gold, Jewellery, land, promissory notes.
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History of Indian Banking Contd…
Money Lenders
– Contrary to modern economy and banking, in olden days, money
lending meant banking.
– Since there was no banking authority or regulatory body, whoever
has sufficient money and considered himself money wise and
started money lending business.
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History of Indian Banking Contd…
Chit Funds
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History of Indian Banking Contd…
There was severe banking crisis in the Indian banking history when
several banks failed in 1913 – 17 and again followed by economic
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depression in 1928
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History of Indian Banking Contd…
Presidency Banks
– The roots of the modern commercial banking in India can be traced
back to the early eighteenth century when the bank of Calcutta
was established in June 1806
– Which was renamed as Bank of Bengal in January 1809
– Mainly to fund General Wellesley’s wars.
– This was followed by the establishment of the Bank of Madras in
July 1843.
– The bank of Bombay established by East India company in 1868
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History of Indian Banking Contd…
Imperial Bank
– The three presidency banks, namely bank of Bombay, Bank of
Madras and Bank of Bengal were amalgamated in January 1921 to
form Imperial bank of India
– Also called as bankers bank and of a banker to the government
– This provided for the need of central bank in India
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History of Indian Banking Contd…
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History of Indian Banking Contd…
Post Independence
– Immediately after independence, the government of India initiated
measures to play an active role in the economic life of the nation.
– Cooperative banks
– Industrial finance corporation of India (IFCI) - 1948
– Industrial credit and investment corporation of India (ICICI) - 1955
– Industrial Development Bank of India (IDBI) – 1964
– National Bank for Agriculture and Rural Development (NABARD) –
1982
– Export Import bank of India (EXIM Bank) - 1982
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Nationalisation Of State Bank of India
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Nationalisation in the 1960s
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Monetary System in India
Monetary Policy
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Summary
• As early as 2000 B.C Babylonians had developed a system of banks.
• In ancient Greece and Rome, the practice of granting credit was widely
prevalent.
• The first Bank of India with Limited Liability to be managed by Indian
Board was Oudh Commercial Bank. It was established in 1881 at
Faizabad. This bank failed in 1958
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Summary
• The Banking companies act, presently known as banking regulation act was enacted
owing to safeguard the interest of depositors, control abuse of power by some bank
personnel controlling the banks in particular and to the interest of Indian economy in
general
• Cash Reserve Ratio is a specified minimum fraction of the total deposits of customers,
which commercial banks have to hold as reserves either in cash or as deposits with the
central bank.
• Statutory Liquidity Ratio is the Indian government term for the reserve requirement that
the commercial banks in India are required to maintain in the form of cash, gold reserves,
RBI approved securities before providing credit to the customers.
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Summary
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Summary
• The period between 1906 and 1911 saw the establishment of banks
inspired by the Swadeshi movement.
• The Government of India issued an ordinance ('Banking Companies
(Acquisition and Transfer of Undertakings) Ordinance, 1969') and
nationalized the 14 largest commercial banks with effect from the
midnight of 19 July 1969.
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References
a. Essential Reading
1. Class Notes
2. L M Bhole and Jitendra Mahakud (2017), financial institutions and Markets, 6th edition,
Mc Graw Hill.
3. Benton Gup (2016) Banking and Financial Institutions, Wiley Publications.
b. Recommended Reading
1. N Kannan, (2017),Banking sectors reforms in India, Abhijit publications
2. IIBF (2017) Legal and Regulatory Aspects of Banking, 3rd edition, Macmillan
3. Indian Institute Of Banking & Finance, (2015), Banking Products And Services,
Taxmann Publications Pvt. Ltd
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