Banking Regulation Act, 1949
29. Accounts and balance-sheet
(1) At the expiration of each calendar years
or at the expiration of a period of twelve months ending with such date as the
Central Government may, by notification in the Official Gazette, specify in
this behalf,] every banking company incorporated in India], in respect of all
business transacted by it, and every banking company incorporated outside
India], in respect of all business transacted through its branches 102[in
India], shall prepare with reference to that year or period, as the case may
be,] a balance-sheet and profit and loss account as on the last working day of
120[the year or the period, as the case may be,] in the Forms set out in the
Third Schedule or as near thereto as circumstances admit:
PROVIDED that with a view to facilitating the
transition from one period of accounting to another period of accounting under
this sub-section, the Central Government may by order published in the Official
Gazette, make such provisions as it considers necessary or expedient for the
preparation of, or for other matters relating to, the balance-sheet or profit
and loss account in respect of the concerned year or period, as the case may
be.
(2) The balance-sheet and profit and loss
account shall be signed-
(a) in the case of a
banking company incorporated [in India], by the manager or the principal
officer of the company and where there are more than three Directors of the
company, by at least three of those Directors, or where there are not more than
three Directors, by all the Directors, and
(b) in the case of a
banking company incorporated [outside India ] by the Manager or
Agent of the principal office of the company 122[in India ].
(3) Notwithstanding that the balance-sheet of
a banking company is under subsection (1) required to be prepared in a form
other than the form 123[set out in Part I of Schedule VI to the Companies Act,
1956 (1 of 1956)1, the requirements of that Act relating to the balance-sheet
and profit and loss account of a company shall, in so far as they are not
inconsistent with this Act, apply to the balance-sheet or profit and loss
account, as the case may be, of a banking company.
(3A) Notwithstanding anything to the contrary
contained in sub-section (3) of section 210 of the Companies Act, 1956 (1 of
1956), the period to which the profit and loss account relates shall, in the
case of a banking company, be the period ending with the last working day of
the year immediately preceding the year in which the annual general meeting is
held.
Explanation: In sub-section (3A),
"year" means the year or, as the case may be, the period referred to
in sub-section (1).
(4) The Central Government after giving not
less than three months' notice of its intention so to do by a notification in
the Official Gazette, may from time to time by a like notification amend the
Forms set out in the Third Schedule.