Banking FAT Notes
Banking FAT Notes
“..to regulate the issue of Bank Notes and keeping of reserves to secure monetary stability in India
and generally to operate the credit system and currency of the country to its advantage.”
All the affairs of the RBI are regulated by a central board of directors. Following are the important
details regarding the structure of the Reserve Bank of India:
The board of RBI follows the guidelines of the RBI Act and is appointed by the government of India
The directors of RBI are either appointed or nominated for a term of four years
The official directors include: one full-time governor and not more than four deputy governors
Non-official Directors: 10 directors nominated by the government from miscellaneous sectors along
with 02 government officials
Supervisory functions
Powers of RBI
Inspect the bank and its books and accounts as u/s 35(1)
DEMAT account
NRI account
o The Debt Recovery Tribunal (DRT) is established to settle cases to restore the
unpaid amounts of the NPAs (Non Performing Assets). The Banks declare
these as per RBI guidelines.
o Under Section 4 of the Recovery of Debt and Bankruptcy Act-1993, the DRT
shall have only one member (called Presiding Officer).
o The notification of the Central Government shall appoint him.
o The Presiding Officer of one Tribunal can also preside over other
Tribunals if the Central Government authorizes it.
o The Presiding Officer will have a term of 5 years or till the age of 65
years, whichever is earlier. He shall be eligible for reappointment.
o He should be qualified enough to be the District Judge.
o For cases of recovery of debt greater than 20 Lakh Rs, Banks, and Financial
Institutions can approach the DRT.
o For amounts lower than this, Banks and Financial Institutions approach
the Civil Courts.
o DRT and DRAT need to maintain the Principles of Natural Justice.
o However, they can regulate their own procedures. For this, they are not
bound by the CPC (Civil Procedure Code) provisions.
o One does not need a degree in Law to argue cases before the DRT.
o DRTs are mandated to resolve the cases within 6 months.
o The appeals against the orders passed by DRT can be made before a
DRAT within 45 days of such judgment.
o In the case of the SARFAESI Act, the time duration to dispose of the
cases is 60 days to 4 months.
o The appeals before the Appellate Tribunal (DRAT) shall be disposed of
within 6 months from the receiving date.
o Before approaching the DRAT against the order of DRT, the aggrieved party
needs to deposit 75% of the amount fixed by the order.
o The Centre can appoint one or more Recovery Officers as an employee of the
Tribunal.
o They will discharge their duties under the superintendence of the
Presiding Officer of the DRT.
As per Section 22 (2) of the RDDBFI Act, 1993 DRT has the following
powers:
summoning and enforcing the attendance of any person and
examining him on oath;
requiring the discovery and production of documents;
receiving evidence on affidavits;
issuing commissions for the examination of witnesses or documents;
reviewing its decisions;
dismissing an application for default or deciding it ex parte;
setting aside any order of dismissal of any application for default or
any order passed by it ex parte;
any other matter which may be prescribed.
DRT Process