Banking Regulation and Key Acts: RBI Act to SARFAESI
Notes on the Acts that govern Indian banking: the RBI Act 1934, the Banking Regulation Act 1949, the NI Act, SARFAESI, the DRT Act and the IBC, section by section.
By GK24 Editorial Team· Published · 6 min read

A bank in India is not an ordinary company. It can accept deposits from the public only because a statute allows it to, it can be inspected and given directions by the Reserve Bank because another statute says so, and its cheques, its recovery of loans and even its books as evidence in court are each governed by a separate law. Two statutes form the core: the Reserve Bank of India Act, 1934, which created the regulator, and the Banking Regulation Act, 1949, which controls the banks themselves. Around them sits a ring of special Acts, and Parliament keeps replacing the oldest of them, as it did when the Bankers' Books Evidence Act, 2026 took the place of the law of 1891 from 1 October 2026. Banking awareness papers ask which Act or section covers which subject, so learn this map by section number.
The Reserve Bank of India Act, 1934
This Act constituted the Reserve Bank of India, which began operations on 1 April 1935; the Bank was nationalised on 1 January 1949. The Act gives the Reserve Bank the sole right to issue bank notes in India under Section 22, leaving only the one rupee note and coins to be issued by the Government of India. Section 17 lists the business the Bank may transact, Section 42(1) is the provision under which scheduled banks keep the Cash Reserve Ratio with the Reserve Bank, and the second schedule to the Act is the list that makes a bank a scheduled bank. Section 45-IA requires a non-banking financial company to obtain a certificate of registration from the Reserve Bank, and the chapter inserted in 2016 places monetary policy in the hands of a Monetary Policy Committee, whose task is to fix the policy rate to achieve the inflation target set by the Central Government in consultation with the Bank.
The Banking Regulation Act, 1949
Enacted as the Banking Companies Act, 1949, it came into force on 16 March 1949 and was renamed the Banking Regulation Act with effect from 1 March 1966. It is the Act a bank lives by.
| Section | What it provides |
|---|---|
| 5(b) | Defines banking: accepting deposits of money from the public, repayable on demand or otherwise, for lending or investment |
| 6 and 8 | Forms of business a banking company may do, and the bar on trading |
| 11 | Minimum paid-up capital and reserves |
| 17 | Reserve fund: not less than twenty per cent of profit to be transferred each year |
| 20 | Restrictions on loans and advances to directors and their concerns |
| 21 | Power of the Reserve Bank to control advances by banking companies |
| 22 | Licensing: no company may carry on banking business without a licence from the Reserve Bank |
| 23 | Permission for opening new branches and shifting existing ones |
| 24 | Statutory Liquidity Ratio, the liquid assets a bank must keep against its demand and time liabilities |
| 29 and 35 | Accounts and balance sheet, and inspection of a bank by the Reserve Bank |
| 35A | Power of the Reserve Bank to issue directions to banking companies |
| 45 | Moratorium and a scheme of amalgamation or reconstruction of a banking company |
The Act was extended to cooperative banks, and the amendment of 2020 brought urban and multi-state cooperative banks more fully under the Reserve Bank's supervision in matters of management and capital.
The other Acts a candidate must know
- Negotiable Instruments Act, 1881: defines the promissory note, the bill of exchange and the cheque, and makes the dishonour of a cheque for insufficiency of funds an offence under Section 138.
- Bankers' Books Evidence Act: lets a certified copy of an entry in a banker's book be received as evidence, so that a bank official need not carry the ledgers to court. The Act of 1891 was replaced by the Bankers' Books Evidence Act, 2026, which recognises records kept in electronic and digital form.
- State Bank of India Act, 1955: converted the Imperial Bank of India into the State Bank of India on 1 July 1955.
- Banking Companies (Acquisition and Transfer of Undertakings) Acts, 1970 and 1980: gave legal effect to the nationalisation of fourteen major banks on 19 July 1969 and of six more on 15 April 1980.
- Regional Rural Banks Act, 1976: the statute behind the regional rural banks, the first of which were set up on 2 October 1975.
- NABARD Act, 1981: under which the National Bank for Agriculture and Rural Development was established on 12 July 1982 as the apex institution for rural credit.
- Recovery of Debts Due to Banks and Financial Institutions Act, 1993: created the Debt Recovery Tribunals and the Appellate Tribunals.
- SARFAESI Act, 2002: lets a secured creditor enforce security without the intervention of a court, by a notice under Section 13(2) and possession under Section 13(4); it also provides for asset reconstruction companies and the central registry of security interests.
- Prevention of Money Laundering Act, 2002: the basis of the know your customer and reporting duties banks owe to the Financial Intelligence Unit.
- Payment and Settlement Systems Act, 2007: makes the Reserve Bank the authority for payment systems, under which bodies such as the retail payments organisation operate.
- Insolvency and Bankruptcy Code, 2016: a single code for corporate insolvency through the National Company Law Tribunal, with the Insolvency and Bankruptcy Board of India as regulator.
- Deposit Insurance and Credit Guarantee Corporation Act, 1961: under which depositors' accounts in insured banks are covered.
Who regulates what
Banks, cooperative banks, non-banking financial companies, payment systems and foreign exchange are the Reserve Bank's field. The securities market and stock exchanges belong to the Securities and Exchange Board of India, insurance to the Insurance Regulatory and Development Authority of India, and pensions other than the older schemes to the Pension Fund Regulatory and Development Authority. Questions often mix these up by naming a subject and asking for the regulator, or by naming an Act and asking which body it created.
How to remember the map
Group the Acts by the problem they solve. Creation of the regulator and currency: the RBI Act, 1934. Control of the banks: the Banking Regulation Act, 1949. Instruments and cheques: the Negotiable Instruments Act, 1881. Proof of bank records in court: the Bankers' Books Evidence Act. Ownership by the state: the acquisition Acts of 1970 and 1980 and the State Bank of India Act, 1955. Rural credit: the Regional Rural Banks Act, 1976 and the NABARD Act, 1981. Recovery of bad loans: the Act of 1993, SARFAESI in 2002 and the Code of 2016. Payments and cleanliness of money: the Act of 2007 and the money laundering Act of 2002. Once the groups are clear, the section numbers of the Banking Regulation Act are the only list left to memorise, and 22, 24, 35A and 45 are the four that appear most often.
Exam Point of View
Banking awareness papers ask three kinds of questions from this chapter. First, Act to subject: which Act provides for licensing of banks, which for cheques, which for recovery without a court. Second, section numbers, and here four of them repeat: Section 5(b) for the definition of banking, Section 22 for the licence, Section 24 for the Statutory Liquidity Ratio and Section 35A for directions, with Section 42(1) of the RBI Act for the Cash Reserve Ratio as the standard trap, since candidates place the CRR in the Banking Regulation Act. Third, dates: 1 April 1935 for the Reserve Bank, 1 January 1949 for its nationalisation, 16 March 1949 and 1 March 1966 for the Banking Regulation Act, 19 July 1969 and 15 April 1980 for the two rounds of bank nationalisation. Statements-based questions pair an Act with the body it created, so learn the Act and the institution together.
Important Facts
| RBI Act | 1934; the Reserve Bank began operations on 1 April 1935 and was nationalised on 1 January 1949 |
|---|---|
| Sole right to issue notes | Section 22 of the RBI Act, 1934 |
| Cash Reserve Ratio | Section 42(1) of the RBI Act, 1934 |
| NBFC registration | Section 45-IA of the RBI Act, 1934 |
| Banking Regulation Act | Passed as the Banking Companies Act, 1949, in force 16 March 1949, renamed from 1 March 1966 |
| Definition of banking | Section 5(b) of the Banking Regulation Act, 1949 |
| Bank licence | Section 22 of the Banking Regulation Act, 1949 |
| Statutory Liquidity Ratio | Section 24 of the Banking Regulation Act, 1949 |
| Power to issue directions | Section 35A of the Banking Regulation Act, 1949 |
| Moratorium and amalgamation | Section 45 of the Banking Regulation Act, 1949 |
| Cheque dishonour | Section 138 of the Negotiable Instruments Act, 1881 |
| Recovery without court | SARFAESI Act, 2002, Sections 13(2) and 13(4) |
| Debt Recovery Tribunals | Recovery of Debts Due to Banks and Financial Institutions Act, 1993 |
| Corporate insolvency | Insolvency and Bankruptcy Code, 2016, through the National Company Law Tribunal |
| Bank nationalisation | Fourteen banks on 19 July 1969 and six on 15 April 1980, under the Acts of 1970 and 1980 |
| Rural credit | Regional Rural Banks Act, 1976; NABARD Act, 1981, NABARD set up 12 July 1982 |
Practice MCQs on this topic
Which Act gives the Reserve Bank of India the sole right to issue bank notes in India?
- A.The Banking Regulation Act, 1949
- B.The Reserve Bank of India Act, 1934
- C.The Coinage Act, 2011
- D.The Negotiable Instruments Act, 1881
Show answer
Correct answer: B. The Reserve Bank of India Act, 1934
Explanation
The correct answer is B, the Reserve Bank of India Act, 1934. Section 22 of that Act gives the Reserve Bank the sole right to issue bank notes in India, and the Bank has done so since it began operations on 1 April 1935. Only the one rupee note and coins are issued by the Government of India. Option A is wrong because the Banking Regulation Act, 1949 controls banking companies, dealing with licences, capital, the Statutory Liquidity Ratio and inspection, and says nothing about the issue of currency. Option C is wrong because the Coinage Act deals with coins and their denominations, which belong to the Government and not to the Bank's note-issuing power. Option D is wrong because the Negotiable Instruments Act, 1881 governs promissory notes, bills of exchange and cheques between private parties.
The Banking Companies Act, 1949 was renamed the Banking Regulation Act with effect from:
- A.1 April 1935
- B.1 January 1949
- C.1 March 1966
- D.19 July 1969
Show answer
Correct answer: C. 1 March 1966
Explanation
The correct answer is C, 1 March 1966. The Act was passed in 1949 as the Banking Companies Act and came into force on 16 March 1949; when its scope was extended to cooperative banks, it was renamed the Banking Regulation Act, 1949 with effect from 1 March 1966, the year being retained in the title. Option A, 1 April 1935, is the date on which the Reserve Bank of India began its operations under the Act of 1934. Option B, 1 January 1949, is the date on which the Reserve Bank was nationalised, and it is the closest trap because it falls in the same year as the Banking Companies Act. Option D, 19 July 1969, is the date on which fourteen major commercial banks were nationalised, later given effect by the Act of 1970.
The term 'banking' is defined in which section of the Banking Regulation Act, 1949?
- A.Section 5(b)
- B.Section 11
- C.Section 22
- D.Section 35A
Show answer
Correct answer: A. Section 5(b)
Explanation
The correct answer is A, Section 5(b). It defines banking as accepting, for the purpose of lending or investment, deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise. Two elements of that definition are what separate a bank from a finance company: deposits from the public, and repayment on demand. Option B is wrong because Section 11 lays down the minimum paid-up capital and reserves a banking company must have. Option C is wrong because Section 22 requires a licence from the Reserve Bank before banking business may be carried on, which follows from the definition but is not the definition. Option D is wrong because Section 35A is the Reserve Bank's power to issue directions to banking companies in the public interest.
The Statutory Liquidity Ratio is prescribed under which provision?
- A.Section 42(1) of the RBI Act, 1934
- B.Section 24 of the Banking Regulation Act, 1949
- C.Section 17 of the Banking Regulation Act, 1949
- D.Section 45-IA of the RBI Act, 1934
Show answer
Correct answer: B. Section 24 of the Banking Regulation Act, 1949
Explanation
The correct answer is B, Section 24 of the Banking Regulation Act, 1949. It requires every banking company to maintain in India, in cash, gold or unencumbered approved securities, assets of a value not less than the prescribed percentage of its demand and time liabilities, and that percentage is the Statutory Liquidity Ratio. Option A is the classic trap, because Section 42(1) of the RBI Act, 1934 is the provision for the Cash Reserve Ratio that scheduled banks keep with the Reserve Bank; candidates who remember only that the Reserve Bank fixes both ratios pick it. Option C is wrong because Section 17 of the Banking Regulation Act requires a transfer of not less than twenty per cent of profit to the reserve fund. Option D is wrong because Section 45-IA deals with the registration of non-banking financial companies.
Dishonour of a cheque for insufficiency of funds in the account is an offence under which section of the Negotiable Instruments Act, 1881?
- A.Section 31
- B.Section 118
- C.Section 138
- D.Section 148
Show answer
Correct answer: C. Section 138
Explanation
The correct answer is C, Section 138. Inserted into the Negotiable Instruments Act by the amendment of 1988, it makes the drawer of a cheque that is returned unpaid for insufficiency of funds, or because it exceeds the arrangement, punishable with imprisonment or fine, provided the payee gives notice of demand within the prescribed time and the drawer fails to pay. Option A is wrong because Section 31 of the RBI Act, and not of the NI Act, restricts who may draw instruments payable to bearer on demand. Option B is wrong because Section 118 lays down presumptions as to negotiable instruments, such as the presumption of consideration. Option D is wrong because Section 148, a later insertion, deals with the power of the appellate court to order deposit of part of the compensation during an appeal.
Which Act enables a bank to take possession of the security for a loan without the intervention of a court?
- A.The Recovery of Debts Due to Banks and Financial Institutions Act, 1993
- B.The SARFAESI Act, 2002
- C.The Insolvency and Bankruptcy Code, 2016
- D.The Prevention of Money Laundering Act, 2002
Show answer
Correct answer: B. The SARFAESI Act, 2002
Explanation
The correct answer is B, the SARFAESI Act, 2002. Its full name is the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, and Section 13 lets a secured creditor issue a demand notice under sub-section (2) giving the borrower sixty days to pay and, on default, take possession of the secured asset under sub-section (4) without approaching a court or tribunal. Option A is wrong because the Act of 1993 works through the Debt Recovery Tribunals, which are adjudicating bodies. Option C is wrong because the Code of 2016 is a court-driven insolvency process before the National Company Law Tribunal. Option D is wrong because the money laundering Act of 2002 deals with attachment of the proceeds of crime, not with recovery of a bank's dues.
Debt Recovery Tribunals in India were established under an Act of which year?
- A.1949
- B.1985
- C.1993
- D.2002
Show answer
Correct answer: C. 1993
Explanation
The correct answer is C, 1993. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, passed after the Tiwari Committee recommended a special forum for bank dues, created the Debt Recovery Tribunals and the Debt Recovery Appellate Tribunals to decide applications by banks and financial institutions above a prescribed amount and to issue recovery certificates. Option A is wrong because 1949 is the year of the Banking Regulation Act. Option B is wrong because no tribunal for bank recovery was set up in 1985. Option D, 2002, is the year of the SARFAESI Act, and it is the strongest distractor because appeals against action taken under SARFAESI also go to the Debt Recovery Tribunal, but the tribunals themselves were created nine years earlier.
The nationalisation of fourteen major commercial banks announced in July 1969 was given lasting legal effect by which Act?
- A.The State Bank of India Act, 1955
- B.The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970
- C.The Banking Regulation Act, 1949
- D.The Regional Rural Banks Act, 1976
Show answer
Correct answer: B. The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970
Explanation
The correct answer is B, the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Fourteen banks were nationalised on 19 July 1969 by an ordinance; after the Supreme Court struck down the ordinance and the Act that followed it, Parliament enacted the Act of 1970, and a similar Act of 1980 covered the six banks nationalised on 15 April 1980. Option A is wrong because the Act of 1955 converted the Imperial Bank of India into the State Bank of India on 1 July 1955, which was a separate and earlier step. Option C is wrong because the Banking Regulation Act regulates banks but does not transfer their ownership. Option D is wrong because the Act of 1976 provides for the regional rural banks, the first of which were set up on 2 October 1975.
The Bankers' Books Evidence Act deals mainly with:
- A.The interest rate a bank may charge on advances
- B.The use of certified copies of entries in a bank's books as evidence in legal proceedings
- C.The insurance of deposits held by a bank
- D.The appointment of auditors of a banking company
Show answer
Correct answer: B. The use of certified copies of entries in a bank's books as evidence in legal proceedings
Explanation
The correct answer is B, the use of certified copies of entries in a bank's books as evidence. The Act allows a certified copy of an entry in a banker's book to be received in a legal proceeding as prima facie proof of that entry, so that a bank need not produce its original records and its officers are summoned only in limited circumstances. The Act of 1891 was replaced from 1 October 2026 by the Bankers' Books Evidence Act, 2026, which recognises records kept in electronic and digital form. Option A is wrong because control of advances and interest is exercised under Section 21 of the Banking Regulation Act and the Reserve Bank's directions. Option C is wrong because deposit insurance comes from the Deposit Insurance and Credit Guarantee Corporation Act, 1961. Option D is wrong because audit and accounts are dealt with in Sections 29 to 31 of the Banking Regulation Act.
Section 35A of the Banking Regulation Act, 1949 empowers the Reserve Bank of India to:
- A.Issue directions to banking companies in the public interest
- B.Grant a licence to a new banking company
- C.Fix the minimum paid-up capital of a bank
- D.Prescribe the Cash Reserve Ratio for scheduled banks
Show answer
Correct answer: A. Issue directions to banking companies in the public interest
Explanation
The correct answer is A, issue directions to banking companies. Section 35A lets the Reserve Bank give directions to banking companies, generally or to a particular bank, where it is satisfied that this is necessary in the public interest, in the interest of banking policy, to prevent the affairs of a bank being conducted in a manner detrimental to depositors, or to secure the proper management of a bank; such directions are binding. Option B is wrong because licensing is under Section 22. Option C is wrong because the minimum paid-up capital and reserves are laid down in Section 11. Option D is wrong because the Cash Reserve Ratio for scheduled banks comes from Section 42(1) of the RBI Act, 1934, and not from the Banking Regulation Act at all.
The National Bank for Agriculture and Rural Development was established under an Act of which year?
- A.1976
- B.1981
- C.1991
- D.2002
Show answer
Correct answer: B. 1981
Explanation
The correct answer is B, 1981. The National Bank for Agriculture and Rural Development Act was passed in 1981 on the recommendation of the committee to review arrangements for institutional credit for agriculture and rural development, and NABARD itself was established on 12 July 1982 as the apex body for rural credit, refinancing cooperative banks and regional rural banks. Option A is wrong because 1976 is the year of the Regional Rural Banks Act. Option C is wrong because 1991 is the year of the economic reforms and of the Narasimham Committee on the financial system, not of NABARD. Option D is wrong because 2002 is the year of the SARFAESI Act and of the Prevention of Money Laundering Act. Note the gap of a year between the Act and the institution, which examiners exploit.
Which authority regulates payment systems in India under the Payment and Settlement Systems Act, 2007?
- A.The Securities and Exchange Board of India
- B.The Ministry of Electronics and Information Technology
- C.The Reserve Bank of India
- D.The Insolvency and Bankruptcy Board of India
Show answer
Correct answer: C. The Reserve Bank of India
Explanation
The correct answer is C, the Reserve Bank of India. The Payment and Settlement Systems Act, 2007 makes the Reserve Bank the designated authority for the regulation and supervision of payment systems in India; no person may commence or operate a payment system without its authorisation, and it issues the directions under which card networks, prepaid instruments and the retail payments organisation work. Option A is wrong because the Securities and Exchange Board of India regulates the securities market and stock exchanges. Option B is wrong because the ministry frames policy for information technology but is not the payments regulator. Option D is wrong because the Insolvency and Bankruptcy Board of India regulates insolvency professionals and processes under the Code of 2016. Remember the pairing that examiners test: banks, cooperative banks, non-banking financial companies, foreign exchange and payment systems all sit with the Reserve Bank, while the securities market goes to the Securities and Exchange Board of India and insurance to the Insurance Regulatory and Development Authority of India.
Frequently Asked Questions
Which Act is the main law regulating banks in India?
The Banking Regulation Act, 1949. It defines banking, requires a licence from the Reserve Bank, prescribes the Statutory Liquidity Ratio, minimum capital and the reserve fund, and gives the Reserve Bank powers of inspection, direction, supersession of the board and moratorium. The RBI Act, 1934 is the companion law that created the regulator itself.
Under which section is the Cash Reserve Ratio maintained?
Section 42(1) of the Reserve Bank of India Act, 1934, not the Banking Regulation Act. The Statutory Liquidity Ratio, in contrast, comes from Section 24 of the Banking Regulation Act, 1949. Examiners regularly swap the two, so remember CRR with the RBI Act and SLR with the Banking Regulation Act.
What does the Bankers' Books Evidence Act do?
It allows a certified copy of an entry in a banker's book to be produced in a legal proceeding as proof of that entry, so that banks need not bring their original records to court and their officers are summoned only in limited circumstances. The Act of 1891 was replaced by the Bankers' Books Evidence Act, 2026, which covers records kept in electronic and digital form.
How does SARFAESI differ from the Debt Recovery Tribunal route?
Under SARFAESI, 2002 a secured creditor itself issues a demand notice under Section 13(2) and, on default, takes possession of the secured asset under Section 13(4) without the intervention of a court. Under the Act of 1993 the bank files an application before a Debt Recovery Tribunal, which adjudicates the debt and issues a recovery certificate.
Which Act made the State Bank of India?
The State Bank of India Act, 1955, under which the Imperial Bank of India became the State Bank of India on 1 July 1955. The nationalisation of the other major commercial banks came later, through the Banking Companies (Acquisition and Transfer of Undertakings) Acts of 1970 and 1980.
Who regulates non-banking financial companies?
The Reserve Bank of India, under Chapter IIIB of the RBI Act, 1934. Section 45-IA requires such a company to hold a certificate of registration from the Reserve Bank and to keep the prescribed net owned funds, and the Reserve Bank can give directions to these companies and inspect them.
Sources
- The Banking Regulation Act, 1949 — India Code, Legislative Department
- Reserve Bank of India Act, 1934: RBI Acts and Guidelines — Reserve Bank of India
- Bankers' Books Evidence Act, 2026 to come into force from 1st October 2026 — Press Information Bureau, Ministry of Finance
- The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — India Code, Legislative Department





