Banking Laws (Amendment) Bill, 2024

Introduction

The Banking Laws (Amendment) Bill, 2024, introduced in the Lok Sabha on August 9, 2024, aims to modernize India’s banking framework by amending multiple laws, including the Reserve Bank of India Act, 1934; Banking Regulation Act, 1949; State Bank of India Act, 1955; and the Banking Companies (Acquisition and Transfer of Undertakings) Acts of 1970 and 1980. The Bill’s primary goal is to enhance regulatory oversight, strengthen governance, protect depositors, and simplify banking practices for the benefit of all stakeholders

Key Objectives

The Bill targets critical areas to adapt the banking sector to evolving financial realities:

  1. Strengthening Governance: Enhanced director tenure in cooperative banks and updated nomination rules.
  2. Investor and Depositor Protection: Revisions to safeguard unclaimed dividends and improve accessibility to funds.
  3. Regulatory Compliance: Improved reporting and auditing standards across banking institutions.

Salient Features

Changes to the Reserve Bank of India Act, 1934
  • Definition of “Fortnight”: Updated from a Saturday-Friday schedule to either the 1st-15th or 16th-end of the month. This simplifies statutory reporting for banks.

Amendments to the Banking Regulation Act, 1949

  • Substantial Interest Threshold: Increased from ₹5 lakh to ₹2 crore, reflecting inflation and economic changes.
  • Tenure of Directors in Cooperative Banks: Extended from 8 years to 10 years, except for chairpersons and whole-time directors.
  • Nomination Rules: Depositors can now nominate up to four individuals either successively or simultaneously for deposits, safety lockers, or items in custody

Amendments to the State Bank of India Act, 1955

  • Investor Education and Protection Fund (IEPF): Expanded provisions for transferring unclaimed dividends, shares, and bond payments to the IEPF. Individuals can claim these funds following procedures defined by the Companies Act, 2013.

Amendments to the Banking Companies Acts of 1970 and 1980

Similar measures for unclaimed dividends and bond payments were introduced, harmonizing with other financial regulations under the Companies Act

Impact on Governance and Compliance

The Bill emphasizes improving bank audits and the independence of auditors. Additionally, banks have been granted greater discretion in determining auditor remuneration, reducing bureaucratic hurdles.

Significance for UPSC Aspirants

  • Governance Reform: The changes showcase the government’s efforts to align governance in cooperative and public sector banks with global best practices.
  • Financial Inclusion and Consumer Convenience: The nominee provisions improve user-centric banking, highlighting inclusivity in banking reforms.
  • Economic Relevance: By updating thresholds and reporting mechanisms, the amendments reflect the dynamic nature of India’s economy.

Criticism and Challenges

Some concerns about potential overreach in defining “substantial interest” and fears of privatization have been raised. Opposition parties argue that the amendments could lead to consolidation of power in large banking entities.

Conclusion

The Banking Laws (Amendment) Bill, 2024, represents a pivotal step in modernizing India’s banking infrastructure. For UPSC aspirants, understanding its provisions offers insights into financial governance and public policy’s dynamic interplay with economic development

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