Banking Acts & Reforms

Do you know what banking reforms are? If not, don’t worry! In this blog post, we will discuss everything you need to know about banking acts and reforms.  the Indian government has been working on reforming the banking sector in India. This has led to a number of changes in the banking system, including new laws and regulations. In this article, we will take a closer look at these banking reforms and how they have affected the industry.

Banking Act

Banking is an act of accepting deposits, lending money and providing other financial services to individuals, companies and governments.  In the year 1955, imperial bank was nationalized and named as State bank of India .The Reserve Bank Of India (RBI) was also formed on Jan 1st 1948 , after enacting RBI Act-  as a central bank to regulate banking activities in the country.

• Banking Act, 1949 was the first comprehensive legislation governing the banking sector in India. The act aimed at developing a healthy and efficient banking system by regulating banks’ activities and safeguarding the interests of depositors. 
• In 1969, the Banking Companies (Acquisition and Transfer of undertakings) Act was enacted to nationalize 14 major banks and later on in 1980, another legislation was enacted to nationalize six more banks.
•  In order to ensure that the banking sector works smoothly and efficiently, Banking Laws (Amendment) Act was passed in 1983 followed by Urban Co-operative Banks (Amendment) Ordinance 1988 which imposed some restrictions on interest rates paid by cooperative banks.
• Recapitalization of banks and strengthening the banking system was the main objective behind Banking Laws (Amendment) Act, 1988. The act facilitated nationalized banks to raise capital from primary as well as secondary markets. The same year saw legislation enforced for introducing a new scheme for recovery of bad loans which included Securitization and Reconstruction Of Financial Assets and Enforcement of Security Interest (SARFAESI) Act.
• The recapitalization was again the main objective behind Banking Laws (Amendment) Act, 1993 which facilitated nationalized banks to raise capital by issuing shares in Indian as well as foreign markets. 
• In 1994, a new act regulating banking sector activities was enacted known as Banking Regulation Act, 1949. The act was amended in 2004 to provide more autonomy and powers to RBI.

Banking Reforms in India

The banking sector in India has undergone various reforms since the early 1990s. The main objectives of these reforms were to make the banking sector more efficient and competitive and to improve its overall performance.

Phases Of Banking Reforms In India

The first phase of banking reforms in India was initiated in 1991. This phase was aimed at liberalizing the banking sector and encouraging private sector participation in the industry. The second phase of reform began in 1998 and focused on developing the infrastructure of the banking sector.

The most recent phase of banking reform in India was initiated in 2009. This phase aimed to improve the overall financial stability of the banking sector. Some of the key measures implemented as part of this phase include:

– the introduction of the Basel III Capital Regulations

– the implementation of comprehensive risk management frameworks

– the development of a liquidity management framework

– the introduction of a resolution framework for banks in distress

Role Of RBI in Banking Reforms

The Reserve Bank of India (RBI) has been the key driver of banking reform in India. Some of the key initiatives taken by the RBI include:

– the introduction of prudential regulations for banks

– the development of a supervisory framework for banks

– the introduction of new banking licenses

– increased supervision and regulation of non-banking financial companies (NBFCs)

– improved governance standards for banks

– the introduction of a new code of conduct for bank staff members

– increased transparency in banking operations

– the introduction of a banking ombudsman

– improved consumer protection in banking

– increased digitalisation in banking operations.

Committees That Proposed banking reforms and acts in India

Narasimhan Committee (1991)

Recommended creation of Asset Reconstruction Fund and Asset Reconstruction Company in India. It also recommended the creation of the Credit Information Bureau of India Limited (CIBIL), which was established in 2000.

The Verma Committee  (1996)

Recommended banking sector reform measures such as 

(a) permitting foreign banks to set up branches in India; 

(b) permitting Indian banks to establish branches abroad; 

(c) abolition of the ceiling on bank lending rates; and (d) liberalization of the norms for opening new bank branches.

The Khan Committee (1997)

– Recommended the establishment of a Debt Recovery Tribunal to expedite debt recovery in India.

The Narasimhan Committee II (1998)

– Recommended greater autonomy for public sector banks in India and their conversion into limited companies with a view to making them more competitive.

Banking acts After 2000

Some of the major banking reform acts which were enacted after 2000 are as follows:

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 

The main objective of this act is to provide a speedy and effective mechanism for the securitization and reconstruction of financial assets, to ensure better liquidity in the banking system and to protect the interests of investors.

Prevention of Money-Laundering (Maintenance of Records) Rules, 2005

This banking reform act imposes an obligation on banking companies to maintain certain records relating to transactions that may have been involved in money laundering.

Banking Regulation (Amendment) Ordinance, 2006

The ordinance was passed to empower the Reserve Bank of India (RBI) to issue guidelines for management succession and compensation at private sector banks and foreign banks operating in India. It also permits RBI to examine books of accounts or call any information of a banking company.

Microfinance Institutions (Development and Regulation) Bill, 2012

The bill seeks to provide for the development and regulation of microfinance institutions (MFIs). It also provides for the registration and regulation of deposit-taking microfinance institutions.

Conclusion

The banking sector in our country has seen a lot of changes in the past few years. In this blog post, we’ve tried to cover all the important banking acts and reforms that have taken place so far. We hope you found this information helpful and informative. Do let us know if you have any questions or feedback in the comments section below. And don’t forget to share this article with your friends and classmates who might find it useful too!