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Home › Indian Laws › Banking Regulation Act, 1949 › Section 49
Banking Regulation Act, 1949 · Section guide

Section 49: Special provisions for private banking companies

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 49 — Special provisions for private banking companies. Applies special corporate-law modifications to private banking companies so private-company features do not defeat the banking regulatory regime.

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

Applies special corporate-law modifications to private banking companies so private-company features do not defeat the banking regulatory regime.

Condition / limitation

How to read the provisionSection 49: 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 49 by analogy; distinguish statutory text from stricter policy or later RBI requirements.

Professional application

List private-banking-company exemptions and their limits; identify imported company-law references precisely.

Evidence / working-paper checklist

  • Section 49 evidence: the statutory event document.
  • Section 49 evidence: the competent authority record.
  • Section 49 evidence: any rule/notification governing the event.
  • Section 49 evidence: dated conclusion and supporting official source.

Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.

Common mistakes to avoid

  • For Section 49, avoid relying only on the marginal heading.
  • For Section 49, avoid ignoring an express exception or cross-reference.
  • For Section 49, avoid recording a conclusion without the primary source and event date.

Current-law source control

Source control: Section 49 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 49 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.