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RESERVE BANK OF INDIA HISTORY, ORIGIN AND FUNCTIONS BY: AWALE JAYASHREE LALASAHEB

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AWALE JAYASHREE LALASAHEB
Journal IJLRA
ISSN 2582-6433
Published 2023/05/30
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Volume 2
Issue 7

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RESERVE BANK OF INDIA HISTORY, ORIGIN AND FUNCTIONS
 
SUBMITTED BY: AWALE JAYASHREE LALASAHEB
LLM II, Semester IV
(2022-2023)
Savitribal Phule Pune Univeristy.
Progressive Education Society's Modern Law College, Pune.
 
 
1.               Introduction:
Reserve Bank of India or RBI is the central bank of India. It is the one who is responsible for the issue and supply of the Indian rupee. When we talk of economics and banking, RBI is the supreme body. It is basically responsible for the circulation and legalization of any type of currency in India. It began its operation on the 1st of April,1935. However, after the independence of India in the year 1947, it was nationalized.
 
Besides being the national bank for currency circulation, RBI has some other functions also. It makes rules and regulations for all the banks working in India and also works for the economic development of our country. So, after reading this you can realize that the Reserve Bank of India plays a vital role in the financial market.
 
The Reserve Bank of India was a private share holder’s company initially, which later was nationalized in 1949. Affairs of RBI are governed by the Central Board of Directors which is appointed by the Government of India. Since, after becoming the central bank of India, the Reserve Bank of India had played an important role in the economic development and monetary stability in the country.
 
 
 
 
2.               Establishment of Reserve Bank of India
Reserve Bank of India Act, 1934 is the legislative act by which the Reserve Bank of India was formed. On April 1, 1935 the reserve Bank of India was established. The central office of the reserve bank was established in Calcutta but later it was permanently moved to Mumbai in year 1937.
The central office is where the governor of RBI sits and where policies are formulated of the market. Through originally it was privately owned, but since nationalization in 1949, the reserve Bank is fully owned by the Government of India.
 
3.   History of Reserve Bank of India
Before Independence
The Royal Commission on Indian Currency and Finance which was appointed on August 25, 1925 suggested the establishment of a Central Bank in India, later the Indian Central Banking Enquiry Committee, 1931 also stressed on the establishment of the Central Bank in India. The main object of the Reserve Bank of India is, as preamble of RBI Act says,
* to regulate the issue of Bank notes
* keeping of reserves with a view to securing monetary stability in India
* generally to operate the currency any credit system of the country
The Reserve Bank of India issued its first currency notes in January 1938 in denomination of Rs.5 and Rs.10 and later denomination of Rs.100, Rs.1000 and Rs.10000 in the same year were issued.
 
After Independence
Through the Reserve Bank (Transfer of Public Ownership) Act, 1948 the Reserve Bank of India was nationalized in the year 1949 after which all shares were transferred to Central Government. The Reserve bank of India is constituted for the management of currency and for carrying the business of banking in according to the provisions of the Act.
* It is a body corporate which has perpetual succession,
* It has common seal and it can be sued or sue in its name.
* Central Board of Directors is entrusted with the general supervision and direction of the affairs of the Reserve Bank.
 
4. Objectives of RBI
Before jumping towards the objectives of the Reserve Bank of India, let's see what the preamble explains the objectives of RBI. The Preamble to the Reserve Bank of India Act, 1934 tells about the objectives of the Reserve Bank as “to regulate the issue of Banknotes and the keeping of reserves to secure monetary stability in India and generally to operate the currency and credit system of the country to its advantage.
 
* The Reserve Bank of India was set up with the primary maxim of managing all the banks in India. The goal was to hold under control the reserves as well as the issue of banknotes.
* Along these lines, it was done to make sure about the financial stability and in this way to work the credit system and currency of the nation for its potential benefit.
* The essential objective for the Reserve Bank of India is to direct the different financial functions for India in the money market. Therefore, they concentrate especially on issuing new notes.
* Consequently, the RBI was set up with the point of being a banker's bank and similarly the bank for the government. It aimed to expand the economic progress of the nation through different structures and economic policies of the government.
* In simple words, we can say that it's fundamental motive is to encourage the planned system of growth of the Indian economy.
 
5. Functions of Reserve Bank of India:
The fundamental functions of the RBI are to manage the money supply in the nation. Similarly, it has been coordinated to deal with agriculture, industry, and many more. The RBI is likewise answerable for the support of the external value of the rupee.
According to the RBI Act 1934, it performs 3 kinds of functions as that of some other central bank. So, here we will read in detail about these three types of functions.
 
1. Banking Functions:
* Bank of Issue- The Reserve Bank has a different Issue Department which is empowered with the issue of currency notes. Under section 22 of the RBI Act, it has the exclusive right to issue currency notes of numerous groups except one rupee note as it is issued by the Ministry of Finance. The assets and liabilities of the Issue Department are kept separate from those other Banking Department.
* Banker to Government-
Now, coming towards the second significant function of the Reserve Bank of India which is to work as a Government banker, agent, and adviser. It fulfils all the banking processes of the State and Central Government. It also tenders valuable suggestions to the government on topics related to economic and financial policy and even governs the public debt of the government.
 
* Bankers’ Bank- The Reserve Bank of India acts as the banker's bank and it lends money to all the commercial banks of the country. As indicated by the outlay of the Banking Companies Act of 1949, each scheduled bank was needed to keep up with the Reserve Bank a money balance equal to 5 % of its demand liabilities and 2 % of its time liabilities in India. In simple words, we can say that RBI fulfils the same functions for the other commercial banks as the other banks fulfil their clients.
 
* Controller of Credit- We can say that the RBI is the controller of credit as it can impact the volume of credit made by banks in India. It can do as such by changing the Bank rate or through open market tasks. RBI uses two techniques to prevent the extra flow of wealth in the economy that is quantitative and qualitative techniques.
 
·         Custodian of Foreign Reserve- The Reserve bank must balance out the outer estimation of the public cash. The Reserve Bank keeps gold and foreign currencies as reserves against note issues and also meets the unfavourable offset of instalments with different regions. Also, it oversees foreign currencies by the controls forced by the administration.
2. Supervisory Functions:
The Reserve Bank Act, 1934, and the Banking Regulation Act, 1949 have given the RBI vast powers of supervision and command over the business and co-operative banks, connecting to licensing and foundations, liquidity of their assets, recreation, and liquidation. The supervisory functions of the RBI have assisted a lot in expanding the standard of banking in India.
 
3. Promotional Functions:
With monetary development accepting a new urgency since freedom, the scope of the Reserve Bank's functions has consistently broadened. The Bank now plays out an assortment of improvement and promotional functions, which, at once, were regarded as out of the typical scope of central banking.
6.  Initiatives taken by Reserve Bank of India:
·         Computerization
·         Pre-paid payment instruments
·         Cheque Truncation System (CTS)
·         Electronic Clearing Service (ECS)
·         National Electronic Clearing Service (NECS)
·         Electronic Funds Transfer (EFT)
·         The Real Time Gross Settlement (RTGS) system
 
7. Powers under Reserve Bank of India Act, 1934
RBI Act 1934 is the Act by which RBI was formed, through this act only numerous powers are given to it just to perform its duties and functions such are-
·         Section 18 talks about power of RBI of direct discount.
·         Section 45B talks about power of bank to collect credit information.
·         Section 45C talks about power to call for returns containing credit information.
·         Section 45JA talks about power of bank to determine policy and issue directions.
·         Section 45k talks about power of bank to collect information from non-banking institutions as to deposits and to give directions
·         Section 45L talks about power of bank to call for information from financial institutions and to give directions.
·         Section 45MB talks about power of bank to prohibit acceptance of deposit and alienation of assets.
·         Section 45MC talks about power of bank to file winding up petition.
·         Section 45NC talks about power of bank to exempt.
·         Section 45T talks about power to issue warrants.
·         Section 54AA talks about power of bank to depute its employees to other institutions.
·         Section 58G talks about power of bank to impose fine.
 
 
 
8. Powers of RBI under Banking Regulation Act, 1949
Banking Regulation Act, 1949 also provide powers of Reserve Bank of India such as:
·         Section 10bb provides power to reserve bank to appoint chairman of the board of directors appointed on a whole time basis or managing director of any banking company.
·         Section 21 gives power to reserve bank to control advances by banking companies.
·         Section 28 gives power to reserve bank to publish any information obtained.
·         Section 36 gives numerous powers to RBI-
It may caution or prohibit any banking company regarding any transaction or class of transaction.On a request, in case of amalgamation of banking companies it may assist as intermediary or otherwise.Give assistance by way of advancement of loans.In the interest of a public policy or banking company, may call meeting of its directors.May depute its one or more officer to be heard the meeting of directors of banking company.May require the board of directors of the banking company or so to give in writing to officer specified, communication related to meeting.Appoint officer to observe the manner in which the affairs are being conducted of banking company.May require by order to make changes in management within specified time.RBI shall make a annual report to central government regarding progress of banking and suggestions, if any.May appoint staff to ensure its efficient performance
·         Section 36 aa gives power to RBI for removal of managerial and other persons from office.
·         Section 36 ab gives power to RBI to appoint additional directors a banking company.
·         Section 45 gives power to RBI to apply to central government for suspension of business by a company and for preparing scheme of reconstitution of amalgamation.
·         Section 45q talks about the power of RBI on direction of High Court or central government to inspect books of account of a company being wound up.
·         Section 45r gives power to high court to call for returns and other information.
·         Section 47 a gives power to RBI to impose penalty in case of default by any banking company.
 
9. Conclusion:
Reserve Bank of India is the central bank of India which plays important role for the banking industry, development and growth of economy. From formulating policies, issuing currency to monetary stability in and maintenance of such monetary stability is the duty of RBI. It plays the parent role to the commercial banks and other banking institutions.

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International Journal for Legal Research and Analysis

  • Abbreviation IJLRA
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