Banking Law Unit 2
Banking Law Unit 2
Banking Law Unit 2
In 1921, the Imperial Bank of India was established to perform as the central bank of
India by the British Government. But unfortunately, Imperial Bank failed to show its
performance up to the mark and didn’t achieve any success as the Central Bank.
Then the Government asked the Hilton Young Commission in 1925 to view on this
subject.
The commission submitted their reports saying that one single organization can’t be
able to act as two separate agencies (both credit and currency control). So, it’s
required to set up a brand new central bank. In 1st April 1935, Reserve Bank of India
was set up. In January 1949, RBI was nationalized.
The Reserve Bank of India was established with the main motto of regulating all the
banks in India. The objective was to keep in check the reserves as well as the issue
of bank notes.
So, it was done to secure the monetary stability and thereby to operate the credit
system and currency of the country to its own advantage.
Prior to the RBI, the government of India and the Imperial Bank of India were unable
to control the Indian financial system by keeping it in check.
Therefore, a committee led by the Hilton and young commission in 1935, shifted the
entire financial system to the RBI.
So, the primary target for RBI was to control and regulate the various financial
policies and help in the development of the banking facilities throughout India.
The primary objective for the RBI would be to regulate the various banking functions
for India in the money market. Thus, they focus mainly on issuing new notes.
The RBI was established with the aim of being a banker’s bank and also the bank for
the government. Its task was to promote the economic growth of the country through
various frameworks and economic policies of the government.
They are:
1. Banking Functions
2. Supervisory Functions and
3. Promotional Functions.
The main functions of the RBI are to regulate the money supply in the country.
Moreover, it has been directed to take care of agriculture, industry, export promotion
etc. The RBI is also responsible for the maintenance of the external value of rupee.
Banking Functions
In addition to its traditional central banking functions, the Reserve Bank has certain
non-monetary functions of the nature of supervision of banks and the promotion of
sound banking in India.
The Reserve Bank Act, 1934, and the Banking Regulation Act, 1949 have given the
RBI wide powers of supervision and control over commercial and co-operative
banks, relating to licensing and establishments, branch expansion, the liquidity of
their assets, management and methods of working, amalgamation, reconstruction,
and liquidation.
The RBI is authorized to carry out the periodical inspection of the banks and to call
for returns and necessary information from them. The nationalization of 14 major
Indian scheduled banks in July 1969 has imposed new responsibilities on the RBI for
directing the growth of banking and credit policies towards the more rapid
development of the economy and realization of certain desired social objectives.
Promotional Functions
With economic growth assuming a new urgency since independence, the range of
the Reserve Bank’s functions has steadily widened. The Bank now performs a
variety of developmental and promotional functions, which, at one time, were
regarded as outside the normal scope of central banking.
The Reserve Bank was asked to promote banking habit, extend banking facilities to
rural and semi-urban areas, and establish and promote new specialized financing
agencies. Accordingly, the Reserve Bank has helped in the setting up of
the Industrial Finance Corporation of India and the State Financial Corporations; it
set up the Deposit Insurance Corporation in 1962, the Unit Trust of India in 1964, the
Industrial Development Bank of India also in 1964, the Agricultural Refinance
Corporation of Indian in 1963 and the Industrial Reconstruction Corporation of India
in 1972.
The Reserve Bank of India (RBI) is India’s central bank, also known as the
banker’s bank.
The RBI controls the monetary and other banking policies of the Indian
government. The Reserve Bank of India (RBI) was established on April 1, 1935, in
accordance with the Reserve Bank of India Act, 1934. The Reserve Bank is
permanently situated in Mumbai since 1937.
Establishment of Reserve Bank of
India
The Reserve Bank is fully owned and operated by the Government of India.
The Preamble of the Reserve Bank of India describes the basic functions of the
Reserve Bank as:
The Reserve Bank’s operations are governed by a central board of directors, RBI is
on the whole operated with a 21-member central board of directors appointed by
the Government of India in accordance with the Reserve Bank of India Act.
Organisation Structure
Objectives
The primary objectives of RBI are to supervise and undertake initiatives for the
financial sector consisting of commercial banks, financial institutions and non-
banking financial companies (NBFCs).
Legal Framework
The Reserve Bank of India comes under the purview of the following Acts:
Maintaining price stability across all sectors while also keeping the objective
of growth.
Regulatory and Supervisory
Set parameters for banks and financial operations within which banking and
financial systems function.
Currency Issuer
Provides the public adequately with currency notes and coins and in good
quality.
Developmental role
Related Functions
Provides banking solutions to the central and the state governments and also
acts as their banker.
Chief Banker to all banks: maintains banking accounts of all scheduled
banks.
Lectures – The Reserve Bank of India has constituted three annual lectures. Two
of these lectures are conducted by past Governors of the Reserve Bank and one
lecture is by a noted economist.
RBI Policies
Repo Rate
Repo or repurchase rate is the benchmark interest rate at which the RBI lends
money to all other banks for a short-term. When the repo rate increases, borrowing
from RBI becomes more expensive and hence customers or the public bear the
outcome of high-interest rates.
Reverse Repo rate is the short-term borrowing rate at which RBI borrows money
from other banks. The Reserve Bank of India uses this method to reduce inflation
when there is excess money in the banking system.
Cash Reserve Ratio (CRR)
Cash Reserve Ratio is the particular share of any bank’s total deposit that is
mandatory and to be maintained with the Reserve Bank of India in the form of
liquid cash.
Leaving aside the cash reserve ratio, banks are required to maintain liquid assets in
the form of gold and approved securities. A higher SLR disables the banks to grant
more loans.
The Reserve Bank has taken many steps towards initiating and updating
secure and sustainable methods of payment systems in India to meet public
requirements.
Paper-based Payments
Electronic Payments
The initiatives taken by the Reserve Bank in the domain of electronic payment
systems are immense and vast. The types of electronic forms of payment by the
RBI are as follows:
Electronic Funds Transfer (EFT) – This retail funds transfer system was to
enable an account holder of a bank to electronically transfer funds to another
account holder with any other intermediate or participating bank.
National Electronic Funds Transfer (NEFT) – A secure system to
facilitate real-time fund transfer between individuals/corporates.
The RBI (Reserve Bank of India) has made changes to the Prepaid Payment
Instruments (PPI) also know as e-wallets. These changes include KYC –
known your customer compliance. KYC is the process of collecting user
details by the service provider and verifying the same with the respective
government bodies.
(1) the amounts and the nature of loans or advances and other credit facilities
granted by a banking company to any borrower or class of borrowers;
(2) the nature of security taken from any borrower or class of borrowers or credit
facilities granted to him or to such class;
(3) the guarantee furnished by a banking company for any of its customers or any
class of its customers;
(4) the means, antecedents, history of financial transactions and the creditworthiness
of any borrower or class of borrowers; and
(5) any other information which the bank may consider to be relevant for the more
orderly regulation of credit or credit policy.
The term, credit information thus has much wider coverage and significance.
The term banking company includes for this purposes, the scheduled and non-
scheduled banks, the State Bank of India and its subsidiary banks, the nationalized
banks and any other financial institutions notified by the Central Government. The
term borrower is also defined so as to include in case of a company its subsidiaries
also, in case of Hindu undivided family any member if the family or any firm in which
such member is partner; in case of a partnership, any partner or any form in which
he is a partner and in case of an individual of any firm in which such an individual is
a partner.
The credit information is required in respect of big borrowers only. The Reserve
Bank has directed the bask to submit credit information on the prescribed forms. The
credit limits for the purposes of submitting half yearly returns (as on the last Friday of
April and October every year) by banks to Reserve Bank relating to information on
borrowers have been raised in 1984 from Rs 5 lakh and over to Rs 10 lakhs and
over in case of secured advances and from Rs 1 lakh and over to Rs 5 lakhs and
over in respect of unsecured advances.
Section 45-C empowers the Reserve Bank to direct any banking company to submit
to it statements relating to credit information in the specified time and form. Every
banking company shall be bound to comply with such direction.
Under Section 45-D a banking company may make an application to the Reserve
Bank to furnish the applicant with such credit information as may be specified in the
applications in connection with any person. The Reserve Bank shall furnish the credit
information in its possession but it shall not disclose the names of the banking
companies which have submitted such formation to the Bank.
(1) Disclosure by any banking company of any formation furnished to the Reserve
bank with the previous permission of the Reserve Bank.
(2) Publication by the Reserve Bank of any information collected by it under this
Section in such consolidated form as it may think fit without disclosing the name of
nay banking company or its borrowers and
(3) The disclosure or publication by the banking company or by the Reserve Bank of
any credit information to any other banking company or in accordance with the
practice and usage customary among bankers or as permitted or required under any
other law.
Credit control
Credit control is an important tool used by Reserve Bank of India, a major weapon of
the monetary policy used to control the demand and supply of money i.e liquidity in the economy.
Central Bank i.e RBI regulates the credit that the commercial banks grant. Such a method is
used by RBI to bring "Economic Development with Stability" in the nation. It means that banks
will not only control inflationary trends in the economy but also boost economic growth which
would in the long run lead to increase in real national income stability. In the view of its functions
such as issuing notes and custodian of cash reserves, credit not being controlled by RBI would
lead to Social and Economic instability in the country.
To stir up the overall growth of the "priority sector" i.e. those sectors of the economy which
are recognized by the government as "prioritized" depending upon their economic condition
or government interest. These sectors broadly totals to around 15 in number.[1]
To keep a check over the channelization of credit so that it is not delivered for undesirable
purposes.
To achieve the objective of controlling inflation as well as deflation.
To boost the economy by accelerating the flow of adequate volume of bank credit to different
sectors.
To help the economy develop.
To ensure an adequate level of liquidity enough for attaining high economic growth rate
along with maximum utilisation of resource without generating high inflationary pressure.
To attain stability in the rate of exchange and money market of the country.
To meet the financial requirement during a slump in the economy and in the normal times as
well.
To control business cycle and meet business needs.
Qualitative method
Quantitative method
During inflation, Reserve Bank of India tightens its policies to regulate the money supply,
whereas during deflation it allows the commercial bank to pump money in the economy.
Qualitative method[edit]
By Quality we mean the uses through which bank credit is directed.
For example- the bank may feel that spectators or big capitalists are getting a disproportionately
large share in the total credit, causing various disturbances and inequality in the economy, while
the small-scale industries, consumer goods industries and agriculture are starved of credit.
Correcting this type of disparity is a matter of qualitative credit control.
Qualitative methods control the manner of cash channelisation and credit in the economy. It is a
'selective method' of control as it restricts credit for certain section where as expands for the
other known as the 'priority sector' depending on the situation.
Tools used under this method are-
Marginal requirement[edit]
Marginal requirement of loan current value of security offered for ban-value of loans granted. The
marginal requirement is increased for those business activities, the flow of whose credit is to be
restricted in the economy.
For Example:- A person mortgages his property worth ₹ 1,00,000 against loan. The bank will
give loan of ₹ 80,000. The marginal requirement here is 20%
Rationing of credit[edit]
Under this method there is a maximum limit to loans and advances that can be made, which
the commercial banks cannot exceed. RBI fixes ceiling for specific categories. Such rationing is
used for situations when credit flow is to be checked, particularly for speculative activities.
Minimum of "capital: total assets" (ratio between capital and total asset) can also be prescribed
by Reserve Bank of India.
Publicity[edit]
RBI uses media for the publicity of its views on the current market condition and its directions
that will be required to be implemented by the commercial banks to control the unrest. Though
this method is not very successful in developing nations due to existence of high rate of illiteracy
making it difficult for people to understand such policies and its implications.
Direct Action[edit]
Under the Banking Regulation Act, the Central Bank authorises to take strict action against any
of the commercial banks that refuses to abide by the directions given by Reserve Bank of India.
There can be a restriction on advancing of loans imposed by Reserve Bank of India on such
banks.
For e.g. – RBI had put up certain restrictions on the working of the Metropolitan co-operative
banks. Also the 'Bank of Karad' had to come to an end in 1992.[2]
Moral Suasion[edit]
This method is also known as "moral persuasion" as the method that the Reserve Bank of India,
being the apex bank uses here, is that of persuading the commercial banks to follow its
directions/orders on the flow of credit. It can also be a part of meetings between RBI and
Commercial Banks. RBI persuades the commercial bank to follow their policies. RBI puts a
pressure on the commercial banks to put a ceiling on credit flow during inflation and be liberal in
lending during deflation.
Quantitative method[edit]
Graph showing variations in the Bank Rate from 1935–2011 (current year)[3]
Bank rate[edit]
Bank rate is also known as the discount rate. It is the official minimum rate at which the central
bank of the country is ready to re discount approved bills of exchange or lend on approved
securities.
Section 49 of the Reserve Bank of India Act 1934, defines Bank Rate as "the standard rate at
which it (RBI) is prepared to buy or re-discount bills of exchange or other commercial
paper eligible for purchase under this Act".
When the commercial bank for instance, has lent or invested all its available funds and has little
or no cash over and above the prescribed minimum, it may ask the central bank for funds. It may
either re-discount some of its bills with the central bank or it may borrow from the central bank
against the collateral of its own promissory notes.
In either case, the central bank accommodates the commercial bank and increases the latter's
cash reserves. This Rate is increased during the times of inflation when the money supply in the
economy has to be controlled.
At any time there are various rates of interest ruling in the market, like the deposit rate, lending
rate of commercial banks, market discount rate and so on. But, since the central bank is the
leader of the money market and the lender of the last resort, all other rates are closely related to
the bank rate. The changes in the bank rate are, therefore, followed by changes in all other rates
as the money market.
The graph on the right hand side shows variations in the bank rate since 1935–2011.
Working of the bank rate[edit]
Changes in bank rate are introduced with a view to controlling the price levels and business
activity, by changing the demand for loans. Its working is based upon the principle that changes
in the bank rate results in changed interest rate in the market.
Suppose a country is facing inflationary pressure. The central bank, in such situations, will
increase the bank rate thereby resulting to a hiked lending rate. This increase will discourage
borrowing. It will also lead to a fall in the business activity due to following reasons:
Employment of some factors of production will have to be reduced by the business people.
The manufacturers and stock exchange dealers will have to liquidate their stocks, which they
held through bank loans, to pay off their loans.
The effect of rise in bank rate by the Central Bank. Hence, we can conclude that hike in bank
rate leads to fall in price level and a fall in the bank rate leads to an increase in price level i.e.
they share an inverse relationship.