Banking Regulation Act, 1949 · Section guide
Section 45W: Part II not to apply to banking companies being wound up
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
Section 45W — Part II not to apply to banking companies being wound up. Disapplies Part II business-management provisions to a bank being wound. Up to the extent stated, because liquidation is governed by the special Part III/IIIA regime.
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
Disapplies Part II business-management provisions to a bank being wound up to the extent stated, because liquidation is governed by the special Part III/IIIA regime.
Condition / limitation
How to read the provisionSection 45W: 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 45W by analogy; distinguish statutory text from stricter policy or later RBI requirements.
Professional application
State the Part II disapplication and savings/exceptions for a bank in winding up.
Evidence / working-paper checklist
- Section 45W evidence: High Court/Central Government/RBI order initiating the process.
- Section 45W evidence: liquidator/scheme records and creditor/debtor lists.
- Section 45W evidence: service/publication and statutory-timeline evidence.
- Section 45W 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 45W, avoid applying ordinary Companies Act procedure without the banking-specific override.
- For Section 45W, avoid missing the special limitation or accelerated filing period.
- For Section 45W, avoid treating a private scheme as effective before the statutory sanction/order.
Related sections inside the Act
Use these links to read Section 45W 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 45W 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 45W 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.