Form of business in which banking companies may engage
Section 6 of the Banking Regulation Act, 1949 deals with form of business in which banking companies may engage. In addition to the business of banking, a banking company may engage in any one or more of the following forms of business, namely:-- (a) the borrowing, raising, or taking up of money; The Act came into force on 16 Mar 1949.
(1) In addition to the business of banking, a banking company may engage in any one or more of the following forms of business, namely:--
(a) the borrowing, raising, or taking up of money; the lending or advancing of money either upon or without security; the drawing, making, accepting, discounting, buying, selling, collecting and dealing in bills of exchange, hoondees, promissory notes, coupons, drafts, bills of lading, railway receipts, warrants, debentures, certificates, scripts and other instruments, and securities whether transferable or negotiable or not; the granting and issuing of letters of credit, traveller's cheques and circular notes; the buying, selling and dealing in bullion and specie; the buying and selling of foreign exchange including foreign bank notes; the acquiring, holding, issuing on commission, underwriting and dealing in stock, funds, shares, debentures, debenture stock, bonds, obligations, securities and investments of all kinds; the purchasing and selling of bonds, scripts or other forms of securities on behalf of constituents or others, the negotiating of loans and advances; the receiving of all kinds of bonds, scripts or valuables on deposit or for safe custody or otherwise; the providing of safe deposit vaults; the collecting and transmitting of money and securities;
(b) acting as agents for any Government or local authority or any other person or persons; the carrying on of agency business of any description including the clearing and forwarding of goods, giving of receipts and discharges and otherwise acting as an attorney on behalf of customers but excluding the business of a 1[managing agent or secretary and treasurer] of a company;
(c) contracting for public and private loans and negotiating and issuing the same;
(d) the effecting, insuring, guranteeing, underwriting, participating in managing and carrying out of any issue, public or private, of State, municipal or other loans or of shares, stock, debentures or debenture stock of any company, corporation or association and the lending of money for the purpose of any such issue;
(e) carrying on and transacting every kind of guarantee and indemnity business;
(f) managing, selling and realising any property which may come into the possession of the company in satisfaction or part satisfaction of any of its claims;
(g) acquiring and holding and generally dealing with any property or any right, title or interest in any such property which may form the security or part of the security for any loans or advances or which may be connected with any such security;
(h) undertaking and executing trusts;
(i) undertaking the administration of estates as executor, trustee or otherwise;
(j) establishing and supporting or aiding in the establishment and support of associations, institutions, funds, trusts and conveniences calculated to benefit employees or ex-employees of the company or the dependents or connections of such persons; granting pensions and allowances and making payments towards insurance; subscribing to or guaranteeing moneys for charitable or benevolent objects or for any exhibition or for any public, general or useful object;
(k) the acquisition, construction, maintenance and alteration of any building or works necessary or convenient for the purposes of the company;
(l) selling, improving, managing, developing, exchanging, leasing, mortgaging, disposing of or turning into account or otherwise dealing with all or any part of the property and rights of the company;
(m) acquiring and undertaking the whole or any part of the business of any person or company, when such business is of a nature enumerated or described in this sub-section;
(n) doing all such other things as are incidental or conducive to the promotion or advancement of the business of the company;
(o) any other form of business which the Central Government may, by notification in the Official Gazette, specify as a form of business in which it is lawful for a banking company to engage.
(2) No banking company shall engage in any form of business other than those referred to in sub-section (1).
Section 6, The Banking Regulation Act, 1949 (Act 10 of 1949).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Icici Bank Limited vs Officl. Liquir. of Aps Star Indus. Ld
Court's Decision & Legal Precedent
Inter se transfer of Non-Performing Assets by banks is a legitimate and legally permissible business activity under the Banking Regulation Act, 1949. Such transfers fall within the scope of banking business as defined by Section 6(1) read with Section 6(1)(n) of the BR Act 1949, are authorized by RBI Guidelines dated July 13, 2005 which have statutory force under Sections 21 and 35A of BR Act, and do not constitute prohibited 'trading in debts' under Section 8 of the Act. Assignment of account receivables with underlying security by one bank to another bank, without assignment of the assignor bank's obligations to the borrower, is legally valid and permissible, and the assignee bank is entitled to be substituted as secured creditor in proceedings relating to companies in liquidation.
On this section: Analyzed extensively to determine permissible business activities beyond core banking. Court noted clauses (a), (c), (f), (g), (l), and (n) provide broad scope for asset management, dealing in securities, managing properties held as security, and incidental/conducive activities. Key words 'in addition to' read to show these are supplementary to core banking.
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Kotak Mahindra Bank LTD vs Hindustan National Glass & Ind. LTD
Court's Decision & Legal Precedent
Wilful defaults of parties in meeting payment obligations to a bank under foreign exchange derivative transactions are covered by the RBI's Master Circular on Wilful Defaulters. The word 'lender' in the definition of wilful default in the Master Circular should be interpreted contextually to mean 'bank' and includes situations where a bank provides non-funded credit facilities such as derivative transactions. The Master Circular applies to all cases of wilful defaults where a party has the capacity to pay but willfully avoids payment of dues to the bank, whether such dues arise from traditional lending relationships or from other banking transactions such as derivative transactions or bank guarantees. The interpretation must be based on the purpose of the Master Circular (to disseminate credit information to caution banks from giving further finance to wilful defaulters), the mischief it seeks to remedy (preventing banks from being exploited by parties who have capacity to pay but willfully avoid payment), and the context in which the circular was issued (pursuant to Central Vigilance Commission instructions to report all cases of wilful defaults of Rs. 25 lakhs and above), rather than on a literal reading of the word 'lender.'
On this section: Section 6 defines banking business including miscellaneous functions like derivatives; Sections 21 and 35A establish that RBI directions are mandatory and binding on banks
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… "banking" in Entry 45, List I means all forms of business which since the introduction of western methods of banking in India, banking institutions have been carrying on in addition to banking as defined in Section 5( b ) of the Banking Regulation Act, and on that account all forms of business described in Section 6(1) of the Banking Regulation Act in clauses ( a ) to ( n ) are, if carried on in addition to the "hardcore of banking" banking and the Parliament is competent to legislate in respect of that business under Entry 45, List I. In support of his contention that apart from the business of accepting money from the public …
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… "banking" in Entry 45, List I means all forms of business which since the introduction of western methods of banking in India, banking institutions have been carrying on in addition to banking as defined in Section 5( b ) of the Banking Regulation Act, and on that account all forms of business described in Section 6(1) of the Banking Regulation Act in clauses ( a ) to ( n ) are, if carried on in addition to the "hardcore of banking" banking and the Parliament is competent to legislate in respect of that business under Entry 45, List I. In support of his contention that apart from the business of accepting money from the public …
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… "banking" in Entry 45, List I means all forms of business which since the introduction of western methods of banking in India, banking institutions have been carrying on in addition to banking as defined in Section 5( b ) of the Banking Regulation Act, and on that account all forms of business described in Section 6(1) of the Banking Regulation Act in clauses ( a ) to ( n ) are, if carried on in addition to the "hardcore of banking" banking and the Parliament is competent to legislate in respect of that business under Entry 45, List I. In support of his contention that apart from the business of accepting money from the public …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 6
What have the courts held on Section 6 of the Banking Regulation Act?
Icici Bank Limited vs Officl. Liquir. of Aps Star Indus. Ld (30 Sep 2010) is the leading judgment on this section among those set out below: Analyzed extensively to determine permissible business activities beyond core banking. Court noted clauses (a), (c), (f), (g), (l), and (n) provide broad scope for asset management, dealing in securities, managing properties held as security, and incidental/conducive activities. Key words 'in addition to' read to show these are supplementary to core banking. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2010 to 2012.
How do I find court cases under Section 6 of the Banking Regulation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Banking Regulation Act 1949 6, section 6 Banking Regulation Act 1949, section 6 of the Banking Regulation Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Icici Bank Limited vs Officl. Liquir. of Aps Star Indus. Ld (30 Sep 2010).
What should I read with Section 6 of the Banking Regulation Act, and has it changed?
6 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Banking Regulation (Companies) Rules 1949 (1949).
When did Section 6 of the Banking Regulation Act come into force?
Section 6 of the Banking Regulation Act, cited as Banking Regulation Act 1949 6, came into force on 16 Mar 1949, having been enacted on 10 Mar 1949. It is in force as at the date shown on this page.
Other sections of this Act
- 56. Act to apply to co-operative societies subject to modifications5544 words
- 45. Power of Reserve Bank to apply to Central Government for suspension of business by a banking company and to prepare scheme of reconstitution or amalgamation2310 words
- 10B. Banking company to be managed by whole time chairman1171 words
- 5. Interpretation1164 words
- 43A. Preferential payments to depositors1031 words
- 11. Requirement as to minimum paid-up capital and reserves988 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.