"In certain cases Reserve Bank of India can appoint chairman or managing director of a banking company." In the context of this discuss the provisions of Banking Regulation Act, 1949 with regard to appointment of Chairma

CS Professional · Ethics, Governance and Sustainability · PYQS · December 2017
"In certain cases Reserve Bank of India can appoint chairman or managing director of a banking company." In the context of this discuss the provisions of Banking Regulation Act, 1949 with regard to appointment of Chairman of the banking company.

Answer & Explanation:

Section 10BB of the Banking Regulation Act, 1949, deals with power of Reserve Bank of India (RBI) to appoint chairman of banking company. The provisions are as under: Where the office, of the Chairman of the Board of Directors appointed on a whole-time basis or a Managing Director of a banking company is vacant, the Reserve Bank may, if it is of opinion that the continuation of such vacancy is likely to adversely affect the interest of the banking company, appoint a person, eligible under sub-section (4) of Section 10B to be so appointed, to be the Chairman of the banking company and where the person so appointed is not a director of such banking company, he shall, so long as he holds the office of the Chairman of the Board of Directors appointed on a whole-time basis or a Managing Director, be deemed to be a director of the banking company. The Chairman of the Board of Directors appointed on a whole-time basis or a Managing Director so appointed by the Reserve Bank shall be in the whole-time employment of the banking company and shall hold office for such period not exceeding three years, as the Reserve Bank may specify, but shall, subject to other provisions of this Act, be eligible to re-appointment. The Chairman of the Board of Directors appointed on a whole-time basis or a Managing Director so appointed by the Reserve Bank shall draw from the banking company such pay and allowances as the Reserve Bank may determine and may be removed from office only by the Reserve Bank. Save as otherwise provided in this section, the provisions of Section 10B shall, as far as may be, apply to the Chairman of the Board of Directors appointed on a whole-time basis or a Managing Director appointed by the Reserve Bank under sub-section (1) as they apply to the Chairman of the Board of Directors appointed on a whole-time basis or a Managing Director appointed by the banking company.

Topics: Corporate Governance

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