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Shefali katkar   14 February 2019

RBI act section 45N

why in clause i it mentions financial institution why again in ii finacial institution is given??

45N (1)
(i) of any non-banking institution, including a financial insti­tution, for the purposes of verifying the correctness or comple­teness of any statement, information or particulars furnished to the Bank or for the purpose of obtaining any information or par­ticulars which the non-banking institution has failed to furnish on being called upon to do so; or

(ii) of any non-banking institution being a financial institu­tion, if the Bank considers it necessary or expedient to inspect that institution.


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 4 Replies

Suhail suhail (LAWYER)     14 February 2019

You need to go through the definition clause of the act you are reffer

 

Suhail suhail (LAWYER)     14 February 2019

45 I - Definitions

 

‘‘financial institution’’ means any non-banking institution which carries on as its business or part of its business any of the following activities, namely:– (i) the financing, whether by way of making loans or advances or otherwise, of any activity other than its own: (ii) the acquisition of shares, stock, bonds, debentures or securities issued by a Government or local authority or other marketable securities of a like nature: (iii) letting or delivering of any goods to a hirer under a hire-purchase agreement as defined in clause (c) of section 2 of the Hire-Purchase Act, 1972: (iv) the carrying on of any class of insurance business; (v) managing, conducting or supervising, as foreman, agent or in any other capacity, of chits or kuries as defined in any law which is for the time being in force in any State, or any business, which is similar thereto; (vi) collecting, for any purpose or under any scheme or arrangement by whatever name called, monies in lumpsum or otherwise, by way of subscripttions or by sale of units, or other instruments or in any other manner and awarding prizes or gifts, whether in cash or kind, or disbursing monies in any other way, to persons from whom monies are 1 Subs. by Act 51 of 1974, s.17, for cl. (c) 64 collected or to any other person, 1[but does not include any institution, which carries on as its principal business,– (a) agricultural operations; or (aa) industrial activity; or] (b) the purchase or sale of any goods (other than securities) or the providing of any services; or (c) the purchase, construction or sale of immovable property, so however, that no portion of the income of the institution is derived from the financing of purchases, constructions or sales of immovable property by other persons;] 2[Explanation.– For the purposes of this clause, ‘‘industrial activity’’ means any activity specified in sub-clauses (i) to (xviii) of clause (c) of section 2 of the Industrial Development Bank of India Act, 1964;] 

Shefali katkar   14 February 2019

I have doubt in the starting point wherein it is said non banking institutions including finacial institution then why again it is given in next point that non banking institution can any one explain this section?? Section 45N in The Reserve Bank of India Act, 1934 *45N. Inspection.—1[ (1) The Bank may, at any time, cause an in­spection to be made by one or more of its officers or employees or other persons (hereafter in this section referred to as the inspecting authority)— (i) of any non-banking institution, including a financial insti­tution, for the purposes of verifying the correctness or comple­teness of any statement, information or particulars furnished to the Bank or for the purpose of obtaining any information or par­ticulars which the non-banking institution has failed to furnish on being called upon to do so; or (ii) of any non-banking institution being a financial institu­tion, if the Bank considers it necessary or expedient to inspect that institution.] Being a financial institution

Shefali katkar   14 February 2019

have doubt in the starting point wherein it is said non banking institutions including finacial institution then why again it is given in next point that non banking institution

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=196315&offset=1

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