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A number of progressive reforms and policy schemes were recently advanced and legislated in the Indian banking sector, making 2015 an exciting year. That drift continued in 2016.

On the lines of India’s history, a meaningful overview of its current banking regulations entails a brief historical stance. While the banking sector in pre-independence India catered primarily to the needs of the colonial government and its traders, the post-independence Indian government passed targeted legislations to promote rapid industrial finance for its inchoate economy.  Myriad banks were brought under government control, and into the “public sector” (i.e., “PSBs”), resulting in a dearth of private banking and the supremacy of social banking over commercial banking.  While socially progressive, this approach also led to ineptness and raised costs, and affected banks’ quality of assets.

The increasingly common phenomenon of bad loans, or non-performing assets and proportionately low capital base among PSBs accelerated a reorganisation agenda.  While the reforms in the last two decades have been comprehensive and exhaustive, the policy pathway has been vigilant and orderly, rather than any “quick fix” measures.  A demonstration of the strength of the post – reforms Indian financial system lies in the manner in which India sustained through the financial recession of 2007–2009.

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Let’s take a quick glance at the Indian Banking Acts exercised so far to curb the challenges faced until now and hereon.

Sr. No Name of the Act Year
1. Societies Registration Act 1860
2. Negotiable Instrument Act 1881
3. Indian Trusts Act 1882
4. The Bankers’ Books Evidence Act 1891
5. Indian Stamp Act 1899
6. Co-operative Societies Act 1912
7. Provident Funds Act 1925
8. Indian Partnership Act 1934
9. The Reserve Bank of India Act 1934
10. Insurance Act 1938
11. Central Excise Act 1944
12. Public Debt Act 1944
13. International Monetary Fund and Bank Act 1945
14. Employees’ State Insurance Act 1948
15. The Industrial Finance Corporation of India Act 1948
16. The Banking Companies (Legal Practitioner Clients’ Accounts) Act 1949
17. The Industrial Disputes (Banking and Insurance Companies) Act 1949
18. The Banking Regulation(Companies) Rules 1949
19. The Banking Regulation Act 1949
20. Chartered Accountants Act 1949
21. Contingency Fund of India Act 1950
22. The State Financial Corporations Act 1951
23. Employees Provident Fund and Miscellaneous Provisions Act 1952
24. The Reserve Bank of India (Amendment and Misc. Provisions) Act 1953
25. The Industrial Disputes (Banking Companies) Decision Act 1955
26. The State Bank of India Act 1955
27. Life Insurance Corporation Act 1956
28. Companies Act 1956
29. Central Sales Tax Act 1956
30. The State Bank of India (Subsidiary Banks) Act 1959
31. The Subsidiary Banks General Regulation 1959
32. The Deposit Insurance and Credit Guarantee Corporation Act 1961
33. Customs Act 1962
34. Unit Trust of India Act 1963
35. Limitation Act 1963
36. Nationalization of Banks Act (However, the government decided to nationalize 14 major commercial banks on 19th July 1969) 1964
37. Banking Laws (Application to Co-operative Societies) Act 1965
38. Banking Companies (Acquisition and Transfer of Undertaking) Act 1969
39. The Nationalized Banks (Management and Miscellaneous Provisions) Scheme 1970
40. The Banking Companies (Acquisition and Transfer of Undertakings) Act 1970
41. The Regional Rural Banks Act 1976
42. Foreign Contribution (Regulation) Act 1976
43. The Banking Companies (Acquisition and Transfer of Undertakings) Act 1980
44. The Export-Import Bank of India Act 1981
45. The National Bank for Agriculture and Rural Development Act 1981
46. Chit Fund Act 1982
47. Sick Industrial Companies (Special Provisions)Act 1985
48. Shipping Development Fund Committee (Abolition) Act 1985
49. Banking Companies (Regulation)Rules 1985
50. The National Housing Bank Act 1987
51. SIDBI Act 1989
52. SIDBI General Regulations 1990
53. Securities and Exchange Board of India Act 1992
54. The Special Court (trial of Offences relating to Transactions in Securities) Act 1992
55. The Industrial Finance Corporation (Transfer of Undertakings and Repeal) Act 1993
56. Recovery of Debts due to Banks and Financial Institutions Act 1993
57. Debts Recovery Appellate Tribunal (Procedure) Rules 1994
58. Industrial Reconstruction Bank (Transfer of Undertaking & Appeal) Act 1997
59. Foreign Exchange Management Act 1999
60. Insurance Regulatory and Development Authority Act 1999
61. Prevention of Money Laundering Act 2002
62. Fiscal Responsibility and Budget Management Act 2002
63. The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002
64. Industrial Development Bank (Transfer of Undertaking & Repeal) Act 2003
65. Credit Information Companies (Rules & Regulation) Act 2005
66. Government Securities Act 2006
67. The Banking Ombudsman Scheme 2006
68. Factoring Act Rules 2011
69. SARFAESI (Central registry) Rules 2011
70. Securities Law (Amendment) Act 2014
71. The Regional Rural Banks (Amendment) Act –

Diluted the sharing pattern by limiting the composite share of Central Government and sponsor bank to 51%

2014
72. The Insurance Laws (Amendment) Act- pushed FDI limit to 49% 2015
73. The Companies Act (Amended) (legislated in 1956) 2015

A number of reforms and acts have been initiated and many more are expected, especially in the context of the challenges and issues faced by the Banking Industry in India.

That’s all for now. Keep reading for more!

 

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