Public Sector Banks and Co-operative Banks: Jaiib/DBF Paper 3 (Module A) Unit-5

Public Sector Banks and Co-operative Banks: Jaiib/DBF Paper 3 (Module A) Unit-5

Dear bankers,

As we all know that  is Public Sector Banks and Co-operative Banks for JAIIB Exam. JAIIB exam conducted twice in a year. So, here we are providing the Public Sector Banks and Co-operative Banks(Unit-5), Regulations and Compliance (Module A), Legal & Regulatory Aspects of Banking -Paper 3.

♦State Bank and Its Subsidiaries

  • Establishment of State Bank: State Bank of India was established under Section 3 of the State Bank of India Act, 1955 for taking over the undertaking of the Imperial Bank and to carry in the Business of banking and other business in accordance with that Act.
  • Business of State Bank: The State Bank may carry on the business on banking as defined in Section 5(b) of the Banking Regulation Act and other business specified in Section 6(1) of that Act.
  • Account and Audit: The State Bank has to close its books and balance accounts each year as on 31 March or such other date as may be specified by Central Govt. and RBI its balance sheet and profit and loss account together with auditors report and a report by the Central Board on the working and activities of the Bank. The Audit may be conducted by any person duly qualified to be auditors of companies under section 266 of the Companies Act, 1956 (Corresponding Section 141 of the Companies Act, 2013).
  • Subsidiary Bank: The Share of the Subsidiary banks are freely transferable as provided in Section 18 of the Act. State bank is empowered under Section 47 to inspect the subsidiary bank.  SBH State Bank of Hyderabad Act, 1956, SBS Saurashtra State banks(amalgamation) Ordinance, 1950. All other banks State Bank Of India (Subsidiary Banks) Act, 1959
  • Rule and Regulation: The Central Government empowered to make rules under Section 62 of the Act for giving effect to the purposes of the Act. The state bank is also empowered to make regulations under Section 63 with the approval of the RBI for giving effect to the purposes of the Act.

♦Regional Rural Banks

The RRBs are public sector Institutions, regionally based, rural oriented and engaged in commercial banking. They were first set up in 1975 under the Regional Rural banks Ordinance, 1975. The ordinance was later replaced by the RRB act, 1976.

  • Establishment of RRBs: Section 3 of the Act Authorises the Central Government to establish regional rural banks by notification in the official gazette at the request of a sponsor bank.  Central Government – 50%, State Government – 15% and Sponsor Banks – 35%.
  • Business of Regional Rural Banks: Regional rural Banks may transact the business of banking as defined in Section 5(b) of the Banking Regulation Act and any other business permissible for a bank to undertake under Section 6(1) of that Act.
  • Account and Audit: The Audit may be conducted by any person duly qualified to be auditors of companies under section 266 of the Companies Act, 1956 (Corresponding Section 141 of the Companies Act, 2013). The Auditors have to be appointment with the approval of the Central Government.

♦Nationalised Banks

The Bank Nationalisation Act 1970 and Banking companies (Acquisition and Transfer of Undertaking) Act 1980. Transferred the undertaking of existing private banks to the corresponding new banks popularly knows as Nationalised banks.

  • Directors: The Directors of Nationalised banks are nominated by Central Government or elected from the shareholders. The Nomination of Directors is as under:
  1. Not more than 4 whole time director (as against 2 earlier)
  2. Not more than 6 directors to be nominated by Central Govt.
  3. 1 official director, 1 representing workmen employee of the bank, 1 director representing officers of the bank, 1 director possessing necessary expertise and experience in matter relating to regulation or supervision of commercial bank.
  • Additional Director: RBI may appoint one or more  additional directors on the board of a Nationalised bank.
  • Account and Audit: The Audit may be conducted by any person duly qualified to be auditors of companies under section 266 of the Companies Act, 1956 (Corresponding Section 141 of the Companies Act, 2013). The Auditors have to be appointment with the approval of the Central Government.
  • Scheme of Management: In exercise of the powers under section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 and Section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980, the Central Govt. has framed 2 schemes,
  1. Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970
  2. Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1980
  • Paid-up Capital – Originally entire Paidup Capital was held by Central govt., some of these banks have recently made public issue of shares, but the Central Govt. still holds majority of shares in all these banks. The Shares other than those held by the Central Govt. are freely transferrable. SBI Act 4 Divide capital into shares of Rs.10 each instead of Rs.100 Restriction on voting rights (being 200 shares only) was modified upto 10 % of the Issued Capital and restriction on dividend deleted BC(A&T) 3 Authorised Capital of Rs.1,500 crore divided into shares of Rs.10 each.
  • The Banking Companies (Acquisition and Transfer of Undertakings):  All public sector banks are governed by their respective, statutes and the rules, regulations or schemes made under these statutes. In addition to this, these banks are also governed by certain provisions of the Banking Regulation Act as stipulated in Section 51 of that Act. The provisions of the Reserve Bank of India Act are also applicable to them.

♦Co- Operative Banks

  • Applicability of BR Act: The co-operative banks operating in more than one state, are registered under the multi-state Co-operative Societies Act. The Banking Regulation Act is applicable to co-operative banks as provided in Section 56 of that Act with certain modifications. The Act was made applicable to co-operative societies by the Banking laws (Application to Co-operative Societies) Act, 1965. For this purpose, a co-operative bank means a state co-operative bank, Central co-operative bank and a primary co-operative bank.
  • Paid-up Capital and Reserve: The Minimum paid-up capital and reserve required to commerce or carry on banking business by a co-operative bank is not less than 1 lac under section 11 (as applicable to co-operative bank).
  • Restriction on loan and Advance: Section 20 of BR Act (Application to Co-operative Societies) lays down certain restrictions on loan and advance by Co-operative bank.
  1. Loans and advances against its own shares.
  2. Unsecured loans or advances to any of its directors
  3. Directors interest
  4. Unsecured loans and advances in which the Chairman managing agent etc.
  • Licensing of Co-operative bank: Every Co-operative bank society a licence from the RBI under Section 22 of the BR Act (Application to Co-operative Societies).
  • Liquid Assets: Co-operative banks have to maintain liquid assets as provided in Section 24(1) of the Banking Regulation Act.
  • Inspection: The provision of Section 35 relating to inspection are applicable to co-operative banks with minor modifications.

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