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Reserve Bank of India Act, 1934 – Part-IV – Section 42 to 45

The Reserve Bank of India Act, 1934 provides the statutory basis of the functioning of the Reserve Bank of India (RBI). In a series of articles, we will briefly go through the provisions of RBI Act, 1934. This is the fourth article in the series. 

Section 42 – Cash reserves of scheduled banks to be kept with the Bank

42(1) – Every bank included in the Second Schedule shall maintain with RBI an average daily balance at a percent (notified by RBI) of its total demand and time liabilities in India.

42(1A) – RBI may direct every scheduled bank to maintain with RBI, in addition to the balance prescribed under Section 42(1), an additional average daily balance at a rate (specified by RBI).

42(1C) – RBI may specify any transaction or class of transactions to be regarded as liability in India of a scheduled bank. If any question arises as to whether any transaction or class of transactions shall be regarded as liability in India of a schedule bank, the decision of RBI thereon shall be final.

42(2) – Every scheduled bank shall send to RBI, a return within 7 days from the date to which it relates. If the reporting Friday is a public holiday, the return shall give the preceding working day’s figures. If required, RBI may allow bank to –

  • Furnish a provisional return within 7 days followed by a final return within 20 days from the date to which it relates or
  • Furnish a monthly return within 20 days from the end of the month to which it relates.

42(2A) – If last Friday of the month is not an alternate (reporting) Friday, every scheduled bank shall send to RBI, a special return within 7 days from the date to which it relates.

42(3) – If the average daily balance held at RBI by a scheduled bank during any fortnight is below the minimum prescribed, such scheduled bank shall pay to RBI penal interest @ (3% + Bank Rate) on the shortfall amount, for that fortnight. If the shortfall continues, penal interest shall become payable @ (5% + Bank Rate) on the shortfall amount, for that fortnight and each subsequent fortnight.

42(3A) – If the penal interest becomes payable @ (5% + Bank Rate) and the shortfall still continues –

  • Every director / manager / secretary of the scheduled bank responsible for the default, shall be punishable with fine up to Rs.500 and with further fine up to Rs.500 for each subsequent fortnight during which the default continues.
  • RBI may prohibit the scheduled bank from receiving fresh deposit. If the scheduled bank defaults to comply with the prohibition, every director and officer of the scheduled bank responsible for the default, shall be punishable with fine up to Rs.500 and with further fine up to Rs.500 for each day the contravention continues.

42(4) – Any scheduled bank failing to send return under Section 42(2), shall pay to RBI a penalty of Rs.100 for each day during which the failure continues.

42(5) – Penalties imposed under Section 42(3) and 42(4), shall be paid within 14 days from the date the notice is served on the scheduled bank. If the scheduled bank fails to pay the penalty within the prescribed time, the penalty may be levied by the order of the Court. When order is issued by the Court, it shall issue a certificate specifying the sum payable by the scheduled bank. If satisfied that the defaulting bank had sufficient cause for its failure, RBI may waive the penalty.

42(6)(a) – RBI shall direct the inclusion in the Second Schedule of any bank which – 

  • Has a paid-up capital and reserves of an aggregate value of not less than Rs.5 lakh.
  • Satisfies RBI that its affairs are not detrimental to the interest of its depositors.
  • Is a State co-operative bank or company as defined in section 3 of Companies Act, 1956 or institution notified by the Central Government or corporation / company incorporated by or under any law in force outside India.

42(6)(b) – RBI shall direct the exclusion from the Second Schedule of any bank – 

  • The aggregate value of whose paid-up capital and reserves becomes at any time less than Rs.5 lakhs.
  • Which is conducting its affairs to the detriment of the interests of its depositor.
  • Which goes into liquidation or otherwise ceases to carry on banking business.

42(6)(c) – RBI shall alter the description in the Second Schedule whenever any scheduled bank changes its name.

42(6A) – In considering whether a State co-operative bank or a regional rural bank should be included in / excluded from the Second Schedule, RBI shall obtain a certificate from National Bank on whether the bank satisfies the conditions of section 42(6)(a).

42(7) – RBI may exempt any scheduled bank from the provisions of section 42.

Section 43 – Publication of consolidated statement by the Bank

RBI shall publish each fortnight a consolidated statement showing the aggregate liabilities and assets of all the scheduled banks together.

Section 43A – Protection of action taken in good faith

No suit or legal proceedings shall lie against RBI or any of its officers for anything done in good faith or for damage caused by anything done in good faith under Section 42 or 43 or Chapter IIIA.

Section 45 - Appointment of Agents

RBI may appoint National Bank / State Bank / any new bank as its agent.


References

Reserve Bank of India. (2022, August 29). 'The Reserve Bank of India Act, 1934'. Retrieved from https://rbi.org.in/Scripts/OccasionalPublications.aspx?head=Reserve%20Bank%20of%20India%20Act


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