Banking Regulation Act, 1949 · Section guide
Section 45O: Special period of limitation
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
Section 45O — Special period of limitation. Creates a special limitation rule for claims by a banking company in winding up, modifying ordinary limitation. Computation for the periods specified by the section.
Official statute linkedProvision-specific anatomyPractical case + evidence file
Statutory structure and provision map
This map is a provision-specific explanation, not a substitute for the exact statutory text.
Core statutory rule
Creates a special limitation rule for claims by a banking company in winding up, modifying ordinary limitation computation for the periods specified by the section.
Condition / limitation
How to read the provisionSection 45O: read the operative proposition with its defined terms and cross-references in the official Act.
Timing / amount / process
Boundary of the ruleDo not expand Section 45O by analogy; distinguish statutory text from stricter policy or later RBI requirements.
Professional application
the exact excluded periods and relevant limitation computations with dated examples.
Evidence / working-paper checklist
- Section 45O evidence: High Court/Central Government/RBI order initiating the process.
- Section 45O evidence: liquidator/scheme records and creditor/debtor lists.
- Section 45O evidence: service/publication and statutory-timeline evidence.
- Section 45O evidence: orders settling claims, calls, transfers, moratorium or amalgamation.
Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.
Common mistakes to avoid
- For Section 45O, avoid applying ordinary Companies Act procedure without the banking-specific override.
- For Section 45O, avoid missing the special limitation or accelerated filing period.
- For Section 45O, avoid treating a private scheme as effective before the statutory sanction/order.
Related sections inside the Act
Use these links to read Section 45O in its statutory sequence, especially where the provision imports definitions, approvals, appeals, penalties or winding-up consequences from neighbouring sections.
Current-law source control
Source control: Section 45O is anchored to the official DFS consolidated text; later changes require separate Gazette verification.
Dated matters: verify any later Gazette, RBI direction or binding judgment affecting Section 45O on the event date.
Primary official sources
Disclaimer
This Finin2min page is an educational and professional reference. Banking regulation is fact-, entity- and date-sensitive. Verify the current Act, Gazette amendments and commencement notifications, applicable RBI Rules/directions and the transaction record before acting or filing.