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Banking Regulation Act, 1949 · Section guide

Section 45P: Reserve Bank to tender advice in winding-up proceeding

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 45P — Reserve Bank to tender advice in winding-up proceeding. Requires/allows RBI to tender advice to the High Court on banking-policy/depositor matters in winding-up proceedings where the statutory mechanism applies; the court receives specialist regulatory input.

Official statute linkedProvision-specific anatomyPractical case + evidence file
Official text: DFS consolidated Act

Statutory structure and provision map

This map is a provision-specific explanation, not a substitute for the exact statutory text.

Core statutory rule

Requires/allows RBI to tender advice to the High Court on banking-policy/depositor matters in winding-up proceedings where the statutory mechanism applies.

Condition / limitation

the court receives specialist regulatory input.

Source and effective-date control

Apply the wording of Section 45P that was in force on the event date; use the official Act and any applicable commencement/amending instrument linked on this page.

Professional application

Identify the court-directed RBI-advice trigger and distinguish advice from a binding decision.

Working flow

Identify the bank/entity class, event date and the factual trigger for Reserve Bank to tender advice in winding-up proceeding.
Apply the core Section 45P rule: Requires/allows RBI to tender advice to the High Court on banking-policy/depositor matters in winding-up proceedings where the statutory mechanism applies.
Test the next condition or limitation: the court receives specialist regulatory input.
Reconcile any amount, period, approval, filing or return mentioned in Section 45P with the supporting record.
Record the conclusion, official source used, effective date and evidence that proves the statutory condition was met or not met.

Evidence / working-paper checklist

  • Section 45P evidence: High Court/Central Government/RBI order initiating the process.
  • Section 45P evidence: liquidator/scheme records and creditor/debtor lists.
  • Section 45P evidence: service/publication and statutory-timeline evidence.
  • Section 45P 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 45P, avoid applying ordinary Companies Act procedure without the banking-specific override.
  • For Section 45P, avoid missing the special limitation or accelerated filing period.
  • For Section 45P, avoid treating a private scheme as effective before the statutory sanction/order.

Current-law source control

Source control: Section 45P 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 45P on the event date.

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.