Reserve Bank of India (RBI) Functions of RBI, credit control measures, qualitative credit control and quantitative credit control, regulatory measures taken by RBI to facilitate financial inclusion.

1. RESERVE BANK OF
INDIA ACT, 1934

2. PREAMBLE
• “to regulate the issue of Bank notes and
keeping of reserves with a view to securing
monetary stability in India and generally to
operate the currency and credit system of
the country to its advantage; to have a
modern monetary policy framework to
meet the challenge of an increasingly
complex economy, to maintain price
stability while keeping in mind the
objective of growth.”

3. • CHAPTER I PRELIMINARY
• CHAPTER II INCORPORATION, CAPITAL, MANAGEMENT AND
BUSINESS
• CHAPTER III CENTRAL BANKING FUNCTIONS
• CHAPTER IIIA COLLECTION AND FURNISHING OF CREDIT
INFORMATION
• CHAPTER IIIB PROVISIONS RELATING TO NON-BANKING
INSTITUTIONS RECEIVING DEPOSITS AND FINANCIAL
INSTITUTIONS
• CHAPTER IIIC PROHIBITION OF ACCEPTANCE OF DEPOSITS BY
UNINCORPORATED BODIES
• CHAPTER IIID REGULATION OF TRANSACTIONS IN DERIVATIVES,
MONEY MARKET INSTRUMENTS, SECURITIES, ETC.

4. • CHAPTER IIIE JOINT MECHANISM
• CHAPTER IIIF MONETARY POLICY
• CHAPTER IV GENERAL PROVISIONS
• CHAPTER V PENALTIES
• LIST OF AMENDING ACTS, ORDINANCES, REGULATIONS AND
ADAPTATION ORDERS

5. CHAPTER I
PRELIMINARY
• 1. Short title, extent and commencement.
• 2. Definitions.

6. Definitions
• the Bank”
• Bank for International Settlements
• the Central Board
• Consumer Price Index
• Deposit Insurance Corporation
• Exim Bank
• foreign currency and foreign exchange
• Industrial Finance Corporation
• inflation
• Monetary Policy Committee
• Policy Rate
• rupee coin

7. • Scheduled bank” means a bank included in the Second Schedule;
• State Bank” means the State Bank of India constituted under the
State Bank of India Act, 1955
• “co-operative bank”, “co-operative credit society”, “director”,
“primary agricultural credit society”, “primary co-operative bank”
and “primary credit society” shall have the meanings respectively
assigned to them in Part V of the Banking Regulation Act, 1949;]

8. CHAPTERII
INCORPORATION,CAPITAL,MANAGEMENTAND
BUSINESS
• Establishment and incorporation of Reserve Bank.
• Capital of the Bank.
• Increase and reduction of share capital.
• Offices, branches and agencies.
• Management.
• Composition of the Central Board, and term of office of Directors.
• Local Boards, their constitution and functions.
• Disqualifications of Directors and members of Local Boards.
• Removal from and vacation of office.
• Casual Vacancies and absences
• Meetings of the Central Board.
• [General meetings. First constitution of the Central Board. First
constitution of Local Board.]

9. • Business which the Bank may transact.
• Power of direct discount.
• Validity of loan or advance not to be questioned.
• Business which the Bank may not transact.

10. • 4. Capital of the Bank
• The capital of the Bank shall be five crores of rupees.]
• 7. Management
• Central Government and the Governor
• a Central Board of Directors which may exercise all powers
• 8. Composition of the Central Board, and term of office of
Directors.
• The Central Board shall consist of the following Directors,
namely:-
• (a) a Governor (term:5years)
• Deputy Governors [not more than four] (term:5years)
• (b) four Directors, one from each of the four Local Boards as
constituted by section 9;
• (c) [ten] Directors (term:5years/ as per government decision)
• (d) two Government officials (as per government decision)

11. • A Local Board shall be constituted for each of the four areas
specified in the First Schedule and shall consist of five members to
be appointed by the Central Government to represent, as far as
possible, territorial and economic interests and the interests of co-
operative and indigenous banks.
• Meetings of the Central Board.
• (1) Meetings of the Central Board shall be convened by the
Governor at least six times in each year and at least once in each
quarter.

12. Business which the Bank may transact
• the accepting of money on deposit without interest from and the
collection of money for, the Central Government, the State
Governments , local authorities, banks and any other persons;
• the purchase, sale and rediscount of bills of exchange and
promissory notes
• loan or advance, against securities of the Central Government or of
any State Government
• the issue of demand drafts, telegraphic transfers and other kinds of
remittances made payable
• the approval of the Central Board, in any other financial instrument
• the purchase and sale of shares
• the promoting, establishing, supporting or aiding in the promotion,
establishment and support of any financial institution
• the keeping of deposits
• the custody of monies, securities and other articles of value, and
the collection of the proceeds
• the management of public debt

13. • in guaranteeing the due performance by any small scale industrial
concern
• the purchase and sale of gold or silver coins and gold and silver
bullion and foreign exchange and the opening of a gold account
with the principal currency authority of any foreign country
• lending or borrowing of securities of the Central Government or a
State Government or of such securities of a local authority as may
be specified in this behalf by the Central Government or foreign
securities;
• dealing in repo or reverse repo:
• the making and issue of bank notes
• facilities for training in banking and for the promotion of research

14. Business which the Bank may not transact
Save as otherwise provided in sections 17, 18, 1[42] and 45, the
Bank may not –
engage in trade or otherwise have a direct interest in any
commercial, industrial, or other undertaking
purchase the shares of any banking company or of any other
company, or grant loans upon the security of any such shares
make loans or advances;
draw or accept bills payable otherwise than on demand;
allow interest on deposits or current accounts

15. CHAPTER III
CENTRAL BANKING FUNCTIONS
• Obligation of the Bank to transact Government business.
• Bank to have the right to transact Government business in India.
• Bank to transact Government business of States on agreement.
• Effect of agreements made between the Bank and certain States
before the 1st November, 1956.
• Right to issue bank notes.
• Issue Department.
• Denominations of notes.
• Form of bank notes.
• Legal tender character of notes.
• Certain bank notes to cease to be legal tender.
• Re-issue of notes.
• Recovery of notes lost, stolen, mutilated or imperfect.
• Issue of special bank notes and special one rupee notes in certain
cases.
• Bank exempt from stamp duty on bank notes.

16. • Powers of Central Government to supersede Central Board.
• Issue of demand bills and notes.
• [Penalty.]
• Assets of the Issue Department.
• Liabilities of the Issue Department.
• [Initial assets and liabilities.]
• [Method of dealing with fluctuations in rupee coin assets.]
• Suspension of assets requirements as to foreign securities.
• Obligations of Government and the Bank in respect of rupee coin.
• Obligation to supply different forms of currency.
• Transactions in foreign exchange.
• [Obligation to buy sterling.]
• [Obligation to provide remittance between India and Burma.]
• Cash reserves of scheduled banks to be kept with the Bank.
• Publication of consolidated statement by the Bank.
• Protection of action taken in good faith.
• [Power to require returns from co-operative banks.]
• Appointment of Agents.

17. • Assets of the Issue Department
• The assets of the Issue Department shall consist of gold coin, gold
bullion, [foreign securities], rupee coin and rupee securities
• bills of exchange bearing two or more good signatures and drawn
on and payable at any place in that foreign country and having a
maturity not exceeding ninety days
• Liabilities of the Issue Department
• The liabilities of the Issue Department shall be an amount equal to
the total of the amount of the currency notes of the Government of
India and bank notes for the time being in circulation
• ‘‘liabilities’’ shall not include –
• (i) the paid-up capital or the reserves or any credit balance in the
profit and loss account of the bank;
• (ii) the amount of any loan taken from the Bank 6[****] 7[or from
the Exim Bank] 8[or from the Reconstruction Bank] 9[or from the
National Housing Bank] or from the 10[National Bank] 11[* * *] or
12[from the Small Industries Bank].

18. CHAPTERIIIA
COLLECTIONANDFURNISHINGOFCREDITINFORMATION
• Definitions.
• Power of Bank to collect credit information.
• Power to call for returns containing credit information.
• Procedure for furnishing credit information to banking
companies.
• Disclosure of information prohibited.
• Certain claims for compensation barred.
• [Penalties.]

19. “credit information’’ means any information relating to
• the amounts and the nature of loans or advances and other
credit facilities granted
• the nature of security taken
• the guarantee furnished by a banking company for any of its
customers

20. • 45D. Procedure for furnishing credit information to banking
companies.
• (1) A banking company may, in connection with any financial
arrangement entered into or proposed to be entered into by it, with
any person, make an application to the Bank in such form as the
Bank may specify requesting it to furnish the applicant with such
credit information as may be specified in the application.
• (2) On receipt of an application under sub-section (1), the Bank shall,
as soon as may be, furnish the applicant with such credit
information relating to the matters specified in the application, as
may be in its possession:
• Provided that the information so furnished shall not disclose the
names of the banking companies which have submitted such
information to the Bank.
• (3) The Bank may in respect of each application levy such fees, not
exceeding twenty-five rupees, as it may deem fit for furnishing
credit information.

21. CHAPTERIIIB
PROVISIONSRELATINGTO NON-BANKING
INSTITUTIONSRECEIVINGDEPOSITSAND
FINANCIALINSTITUTIONS
• Chapter IIIB not to apply in certain cases.
• Definitions.
• Requirement of registration and net owned fund.
• Maintenance of percentage of assets.
• Reserve fund.
• Bank to regulate or prohibit issue of prospectus or
advertisement soliciting deposits of money.
• Power of Bank to determine policy and issue directions.
• Power of Bank to collect information from non-banking
institutions as to deposits and to give directions.

22. • Power of Bank to call for information from financial institutions and to
• give directions.
• Duty of non-banking institutions to furnish statements, etc., required
by Bank.
• Powers and duties of auditors.
• Power of Bank to prohibit acceptance of deposit and alienation of
assets.
• Power of Bank to file winding up petition.
• Inspection.
• Deposits not to be solicited by unauthorised person.
• Disclosure of information.
• Power of Bank to exempt.
• [Penalties.]
• [Cognizance of offence.]
• Chapter IIIB to override other laws.
• Power of Company Law Board to offer repayment of deposit.
• Nomination by depositors.

23. • 45H. Chapter IIIB not to apply in certain cases
• State Bank or a banking company as defined in section 5 of the
[Banking Regulation Act, 1949]
• or a corresponding new bank as defined in clause (da) of section
5 of that Act
• a Regional Rural Bank or a co-operative bank] or a primary
agricultural credit society or a primary credit society]

24. ‘‘financial institution’’ means any non-banking institution which
carries on as its business or part of its business any of the following
activities, namely:–
• the financing, whether by way of making loans or advances
• the acquisition of shares, stock, bonds, debentures or securities
issued by a Government or local authority or other marketable
securities
• letting or delivering of any goods to a hirer under a hire-purchase
agreement
• the carrying on of any class of insurance business
• managing, conducting or supervising, as foreman, agent or in any
other capacity, of chits or kuries as defined in any law

25. • ‘‘non-banking institution’’ means a company, corporation [or
cooperative society].
• a non-banking institution which is a company and which has as its
principal business the receiving of deposits, under any scheme or
arrangement or in any other manner, or lending in any manner
• such other non-banking institution or class of such institutions, as the
Bank may, with the previous approval of the Central Government and
by notification in the Official Gazette, specify;]

26. 1[45-IA. Requirement of registration and net owned fund.
• (a) obtaining a certificate of registration issued under this Chapter;
and
• (b) having the net owned fund of twenty-five lakh rupees or such
other amount, not exceeding two hundred lakh rupees, as the Bank
may, by notification in the Official Gazette, specify.
• Every non-banking financial company shall make an application for
registration to the Bank in such form as the Bank may specify:

27. • The Bank may cancel a certificate of registration granted to a non-
banking financial company under this section if such company–
• ceases to carry on the business of a non-banking financial institution
in India; or
• (ii) has failed to comply with any condition subject to which the
certificate of registration had been issued to it;
• A company aggrieved by the order of rejection of application for
registration or cancellation of certificate of registration may prefer
an appeal, within a period of thirty days from the date on which
such order of rejection or cancellation is communicated to it

28. • 45-IC. Reserve fund.
• create a reserve fund and transfer therein a sum not less than
twenty per cent of its net profit every year before any dividend is
declared
• No appropriation of any sum from the reserve fund except for the
purpose as may be specified by the Bank from time to time and
every such appropriation shall be reported to the Bank within
twenty-one days from the date of such withdrawal

29. 45MA. Powers and duties of auditors.
• to inquire whether or not the non-banking institution has furnished
to the Bank such statements, information or particulars relating to
or connected with deposits
• the auditor shall, except where he is satisfied on such inquiry that
the non-banking institution has furnished such statements,
information or particulars, make a report to the Bank giving the
aggregate amount of such deposits held by the non-banking
institution;
• Bank may at any time by order direct that a special audit of the
accounts of the non-banking financial company in relation to any
such transaction or class of transactions or for such period or
periods, as may be specified in the order, shall be conducted and the
Bank may appoint an auditor or auditors to conduct such special
audit and direct the auditor or the auditors to submit the report to
it.
• The remuneration of the auditors as may be fixed by the Bank, shall
be borne by the non-banking financial company so audited.

30. • 45MC. Power of Bank to file winding up petition
• A non-banking financial company shall be deemed to be unable to
pay its debt if it has refused or has failed to meet within five working
days any lawful demand made at any of its offices or branches and
the Bank certifies in writing that such company is unable to pay its
debt.
• A copy of every application made by the Bank under sub-section (1)
shall be sent to the Registrar of Companies.
• All the provisions of the Companies Act, 1956 relating to winding up
of a company shall apply to a winding up proceeding initiated on the
application made by the Bank under this provision.

31. CHAPTERIIIC
PROHIBITIONOFACCEPTANCEOF
DEPOSITSBY UNINCORPORATEDBODIES
• Interpretation.
• Deposits not to be accepted in certain cases.
• Power to issue search warrants.

32. • 45T. Power to issue search warrants.
• (1) Any court having jurisdiction to issue a search warrant under the
Code of Criminal Procedure, 1973 may, on an application by an
officer of the Bank or of the State Government authorised in this
behalf stating his belief that certain documents relating to
acceptance of deposits in contravention of the provisions of section
45S are secreted in any place within the local limits of the
jurisdiction of such court, issue a warrant to search for such
documents.
• (2) A warrant issued under sub-section (1) shall be executed in the
same manner and shall have the same effect as a search warrant
issued under the Code of Criminal Procedure, 1973.]

33. CHAPTERIIID
REGULATIONOFTRANSACTIONSIN
DERIVATIVES,MONEYMARKETINSTRUMENTS,
SECURITIES,ETC.
• Definitions.
• Transactions in derivatives.
• Power to regulate transactions in derivatives, money market
instruments, etc.
• Duty to comply with directions and furnish information.

34. • 45V. Transactions in derivatives
• Derivatives, as may be specified by the Bank from time to time, shall
be valid, if at least one of the parties to the transaction is the Bank,
a scheduled bank, or such other agency falling under the regulatory
purview of the Bank under the Act, the Banking Regulation Act,
1949 (10 of 1949), the Foreign Exchange Management Act, 1999 (42
of 1999), or any other Act or instrument having the force of law, as
may be specified by the Bank from time to time.
• (2) Transactions in such derivatives, as had been specified by the
Bank from time to time, shall be deemed always to have been valid,
as if the provisions of sub-section (1) were in force at all material
times.

35. CHAPTER IIIE
JOINT MECHANISM
• Joint Mechanism.

36. • composite instrument, having a component of
• money market investment or securities market instrument or
• a component of insurance or any other instrument referred to in
clause (i) or clause (ii) and falls within the jurisdiction of the Reserve
Bank of India or the Securities and Exchange Board of India
established under section 3 of the Securities and Exchange Board of
India Act, 1992 or the Insurance Regulatory and Development
Authority established under section 3 of the Insurance Regulatory
and Development Authority Act, 1999 or the Pension Fund
Regulatory and Development Authority constituted by the
Resolution of the Government of India number F.No. 1(6)2007-PR,
dated the 14th November, 2008, such difference of opinion shall be
referred to a Joint Committee

37. CHAPTER IIIF
MONETARY POLICY
• Provisions of this Chapter to override other provisions of Act.
• Inflation target.
• Constitution of Monetary Policy Committee.
• Eligibility and selection of Members appointed by Central
Government.
• Terms and conditions of appointment of Members of Monetary
Policy Committee.
• Removal of Members of Monetary Policy Committee.
• Vacancies etc., not to invalidate proceedings of Monetary Policy
Committee.
• Secretary to Monetary Policy Committee.
• Information for Monetary Policy Committee Members.
• Meetings of Monetary Policy Committee.
• Steps to be taken to implement decisions of Monetary Policy
Committee.
• Publication of decisions.

38. • Publication of proceedings of meeting of Monetary Policy
Committee.
• Monetary Policy Report.
• Failure to maintain inflation target.
• Power to make rules.

39. • 45ZA. Inflation target.
• (1) The Central Government shall, in consultation with the Bank,
determine the inflation target in terms of the Consumer Price Index,
once in every five years.
• (2) The Central Government shall, upon such determination, notify
the inflation target in the Official Gazette

40. CHAPTER IV
GENERAL PROVISIONS
• Contribution by Central Government to the Reserve Fund.
• Contribution to National Rural Credit (Long Term Operations) Fund
and National Rural Credit (Stabilisation) Fund.
• [46B.]
• National Industrial Credit (Long Term Operations) Fund.
• National Housing Credit (Long Term Operations) Fund.
• Allocation of surplus profits.
• Exemption of Bank from income-tax and super-tax.
• Publication of bank rate.
• Auditors.
• Appointment of special auditors by Government.
• Powers and duties of auditors.
• Returns.
• Rural Credit and Development

41. • Delegation of powers.
• Power of Bank to depute its employees to other institutions.
• [Reports by the Bank. Power to require declaration as to
ownership of registered shares.]
• Liquidation of the Bank.
• Power of the Central Board to make regulations.
• Protection of action taken in good faith.

42. CHAPTER V PENALTIES
• Penalties.
• Offences by companies.
• Application of section 58B barred.
• Cognizance of offences.
• Application of fine.
• Power of Bank to impose fine.
• [Amendment of Act 3 of 1906. Repeals, Amendment of
section 11, Act 7 of 1913.]

43. • a statement which is false in any material particular knowing it to
be false or wilfully omits to make a material statement shall be
punishable with imprisonment for a term which may extend to
three years and shall also be liable to fine.
• If any person fails to produce any book, account or other document
or to furnish any statement, information or particulars which, under
this Act or any order, regulation or direction made or given
thereunder shall be punishable with fine which may extend to two
thousand rupees in respect of each offence and if he persists in
such failure or refusal, with further fine which may extend to one
hundred rupees for every day, after the first during which the
offence continues.
• If any person contravenes the provisions of section 31, he shall be
punishable with fine, which may extend to the amount of the bill of
exchange, hundi, promissory note or engagement for payment of
money in respect whereof the offence is committed.
• If any person discloses any credit information, the disclosure of
which is prohibited under section 45E, he shall be punishable with
imprisonment for a term, which may extend to six months, or with
fine, which may extend to one thousand rupees, or with both.