Banking Regulation Act, 1949
21. Power of Reserve Bank to control advances
by banking companies
(1) Where the Reserve Bank is satisfied that
it is necessary or expedient in the public interest 86[or in the interests of
depositors] 12[or banking policy] so to do, it may determine the policy in
relation to advances to be followed by banking companies generally or by any
banking company in particular, and when the policy has been so determined, all
banking companies or the banking company concerned, as the case may be, shall
be bound to follow the policy as so determined.
(2) Without prejudice to the generality of the
power vested in the Reserve Bank under sub-section (1), the Reserve Bank may
give directions to banking companies, either generally or to any banking
company or group of banking companies in particulars, 9[as to-
(a) the purposes for
which advances may or may not be made;
(b) the margins to be
maintained in respect of secured advances;
(c) the maximum amount
of advances or other financial accommodation which, having regard to the
paid-up capital, reserves and deposits of a banking company and other relevant
considerations, may be made by that banking company to any one company, firm,
association to persons or individual;
(d) the maximum amount
up to which, having regard to the considerations referred to in clause (c), guarantees
may be given by a banking company on behalf of any one company, firm,
association of persons or individual; and
(e) the rate of
interest and other terms and conditions on which advances or other financial
accommodation may be made or guarantees may be given.]
(3) Every banking company shall be bound to
comply with any directions given to it under this section.