Banking Regulation Act, 1949
16. Prohibition of common Directors
[(1) No banking company incorporated in India shall have as a
Director in its Board of Directors any person who is a Director of any other
banking company.
(1A) No banking company referred to in
sub-section (1) shall have in its Board of Directors more than three Directors
who are Directors of companies which among themselves are entitled to exercise
voting rights in excess of twenty per cent of the total voting rights of all
the share-holders of that banking company.
(2) If immediately before commencement of the
Banking Companies (Amendment) Act, 1956 (95 of 1956), any person holding office
as a Director of a banking company is also a Director of companies which among
themselves are entitled to exercise voting rights in excess of twenty per cent
of the total voting rights of all the shareholders of the banking company, he
shall, within such period from such commencement as the Reserve Bank may
specify in this behalf-
(a) either resign his
office as a Director of the banking company; or
(b) choose such number
of companies as among themselves are not entitled to exercise voting rights in
excess of twenty per cent of the total voting rights of all the shareholders of
the banking company as companies in which he wishes to continue to hold the
office of a Director and resign his office as a Director in the other
companies.]
(3) Nothing in sub-section (1) shall apply to,
or in relation to, any Director appointed by the Reserve Bank.]