Banking Regulation Act, 1949
6. Form and business in which banking
companies may engage
(1) In addition to the business of banking, a
banking company may engage in any one or more of the following forms of
business, namely,-
(a) the borrowing,
raising, or taking up of money; the lending or advancing of money either upon
or without security; and drawing, making, accepting, discounting, buying,
selling, collecting and dealing in bills of exchange, hundies, promissory
notes, coupons, drafts, bill of lading, railway receipts, warrants, debentures,
certificates, scrips and other instruments, and securities whether transferable
or negotiable or not; the granting and issuing of letters of credit, travelers'
cheques and circular notes; the buying, selling and dealing in bullion and
specie; the buying and selling of foreign exchange including foreign bank
notes; the acquiring, holding, issuing on commission, underwriting and dealing
in stock, funds, shares, debentures, debenture stock, bonds, obligations,
securities and investments of all kinds; the purchasing and selling of bonds,
scrips or other forms of securities on behalf of constituents or others; the
negotiating of loan and advances; the receiving of all kinds of bonds, scrips
or valuables on deposit or for safe custody or otherwise; the providing of safe
deposit vaults; the collecting and transmitting of money and securities;
(b) acting as agents
for any government or local authority or any other person or persons; the
carrying on of agency business of any description including the clearing and
forwarding of goods, giving of receipts and discharges and otherwise acting as
an attorney on behalf of customers, but excluding the business of a 30[Managing
Agent or Secretary and Treasurer] of a company;
(c) contracting for
public and private loans and negotiating and issuing the same;
(d) the effecting,
insuring, guaranteeing, underwriting, participating in managing and carrying
out of any issue, public or private, of State, municipal or other loans or of
shares, stock, debentures or debenture stock of any company, corporation or
association and the lending of money for the purpose of any such issue;
(e) carrying on and
transacting every kind of guarantee and indemnity business;
(f) managing, selling
and realizing any property which may come into the possession of the company in
satisfaction or part satisfaction of any of its claims;
(g) acquiring and holding
and generally dealing with any property or any right, title or interest in any
such property which may form the security or part of the security for any loans
or advances or which may be connected with any such security;
(h) undertaking and
executing trusts;
(i) undertaking the
administration of estates as executor, trustee or otherwise;
(j) establishing and
supporting or aiding in the establishment and support of associations,
institutions, funds, trusts, and conveniences calculated to benefit employees
or ex-employees of the company or the dependents or connections of such
persons; granting pension and allowances and making payments towards insurance;
subscribing to or guaranteeing moneys for charitable or benevolent object or
for any exhibition or for any public, general or useful object;
(k) the acquisition,
construction, maintenance and alteration of any building or works necessary or
convenient for the purpose of the company;
(l) selling,
improving, managing, developing, exchanging, leasing, mortgaging, disposing of
or turning into account or otherwise dealing with all or any part of the
property and rights of the company;
(m) doing all such
other things as are incidental or conducive to the promotion or advancement of
the business of the company;
(o) any other form of
business which the Central Government may, by notification in the Official
Gazette, specify as a form of business in which it is lawful for a banking
company to engage.
(2) No banking company shall engage in any form
of business other than those referred to in sub-section (1).