Indian Banking System

Paper Code: 
BCS-614
Credits: 
3
Contact Hours: 
45.00
Max. Marks: 
100.00
Objective: 

To acquire specialized knowledge of law and practice relating to Banking

9.00
Unit I: 
Banking System

• Overview of Banking System
• Regulatory Framework and Compliances
A. Provisions of RBI Act 1935, Banking Regulation Act 1949,
Prevention of Money Laundering Act, 2002
B. Government and RBI's Powers
• Opening of New Banks and Branch Licensing
• Constitution of Board of Directors and their Rights
• Banks Share Holders and their Rights
• CRR and SLR Concepts
• Cash-Currency Management
• Winding up - Amalgamation and Mergers
• Powers to Control Advances - Selective Credit Control – Monetary and Credit Policy
• Audit and Inspection
• Supervision and Control - Board for Financial Supervision – its Scope and Role
• Disclosure of Accounts and Balance Sheets
• Submission of Returns to RBI
• Corporate Governance

9.00
Unit II: 
Legal Aspects of Banking Operations

• Case Laws on Responsibility of Paying and Collecting Banker Indemnities or Guarantees - Scope and Application
• Obligations of a Banker
• Precautions and Rights
• Laws relating to Bill Finance, LC and Deferred Payments
• Laws Relating to Securities - Valuation of Securities - Modes of Charging Securities
• Lien, Pledge, Mortgage, Hypothecation etc. - Registration of Firms/Companies - Creation of Charge and Satisfaction of Charge

9.00
Unit III: 
Banking Related Laws

• Law of Limitation - Provisions of Bankers Book Evidence Act - Special Features of Recovery of Debts Due to Banks and Financial Institutions Act, 1993
• TDS
• Banking Cash Transaction Tax
• Service Tax
• Asset Reconstruction Companies
• The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
• The Consumer Protection Act, 1986
• Banking Ombudsman
• Lok Adalats
• Lender's Liability Act

9.00
Unit IV: 
Banker - Customer Relations

• The legal relationship between the Banker and Customer, the Multifarious Transactions between them and the
Rights and Duties of the Parties springing out of such relationships
• Nature of Banking Business
• Legal Nature of Banker-Customer Relationship and their Mutual Rights and Duties
• Special Categories of Customers, such as Corporations, Partnership Firms, Hindu Joint Families, Unincorporated Bodies, Trusts, Joint Account Holders, Minors, Nominee Accounts, Liquidator, Mercantile Agents, Non-Resident Indians, Foreigners and the Legal Incidence of each.

9.00
Unit V: 
Banker - Customer Relations

• Different Types of Accounts such as Current
Accounts, Savings Bank Account and Fixed Deposits
• Other Transactions between Banker and Customer such as Safe Deposit Vaults, Financial Advice, Letters of Introduction and Other Services Rendered by Banks
• Special features of the relationship between banker
and customer - Their mutual rights and duties - lien - Power to combine different accounts - Secrecy of account

Essential Readings: 

• P.N. Varshney, Banking law and Practice, Sultan Chand and Sons, Delhi
• B.S. Khubehandani, Practice and Law of Banking, MacMillian India Limited
• Jain, Khanna, Tiwari, “ Banking and Public Finance” V.K India Enterprises, New Delhi.
• Natarajan S, Parameshwaran R, “ Indian Banking” S.Chand & Company LTD, New Delhi

References: 

Davar S.R., Banking Law & Practice, Vikas Publishing House, Delhi
• Shrivastava P.K., Banking Law & Practice, Himalaya Publishing House, Bombay
• Shrivastava R.S., Nigam Divya, Management of Indian Financial Institutions” Himalaya Publishing House, New Delhi
• Tannan M.L., Banking Law and Practice, Indian Law House, Delhi
• Bhole, L. M., Financial Markets and Institutions, Tata McGraw Hill, Delhi.
• Ghosh, D ., Banking Policy in India, Allied Publications, Delhi

Academic Year: