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BANKING AND INSURANCE LAW

Course Content

Module 1:- Indian Banking Structure – (Lectures – 13)


 Origin of Currency and Banking Industry
 History, Evolution of Banking Institutions, Financial Institutions
 Bank Nationalization- Reasons of bank nationalization, Bank Nationalization case
 Relationship between banker and customer,Contract between banker & Customer-
Debtor-Creditor, Bailor-Bailee, Principal-Agent and Trustee-Beneficiary,
 Banks duty to customers, Bank’s Obligation to maintain Secrecy-
 Types of Accounts
 Technological Transformation in Banking, Recent Trends in Banking: Automatic
Teller Machine and Internet Banking, Mobile Banking, Smart Cards, Credit
Cards, NEFT, RTGS, EFT.
 Bank Frauds: Meaning, Nature, Modes of Committing Bank Frauds, Preventive
Measures to reduce instances of Bank Frauds,
 Privacy Concerns in E-Banking

Module 2 :- Banking Regulation Laws (Lectures –5)


 Reserve Bank of India Act,1934:
 Establishment, Composition of Reserve Bank of India
 Powers of RBI and Functions of RBI: Regulatory and Supervisory Functions
 Statutory Liquidity Ratio (SLR) and Cash Reserve Ratio (CRR)
 Banking Regulation Act, 1949: Definition of Banking Activity, Banking
Company, Business’s permitted by a banking company
 Requirements for licensing of banking companies
 Winding up and Suspension of business of banking companies
 Licensing of new Banks by RBI.

Module 3 :- Negotiable Instruments Act, 1881 (Lectures – 6)


 Kinds of Negotiable Instruments: Promissory Note, Bill of Exchange, Cheque
 Definition and Nature- Holder and holder in due course- Presentment and
payment- Parties- Negotiation- Assignment – Presentment – Endorsement
 Liability of parties
 Payment in due course
 Crossing of Cheques: Object of crossing; Kinds of crossing – general, special, not-
negotiable & account payee crossing; who may cross?
 Liabilities for Dishonour of Cheques: Dishonour of cheque for insufficiency etc.
of funds; cognizance of offences, Liability of Directors of a Company for
Dishonour of Cheques

Module 4 :-Lending, Securities and Recovery by Banks (Lectures – 8)

 Principles of Lending

 Causes for delay in recovery

 Meaning of security, kinds of security- Causes of Default and Reasons for slow
Recovery

 Priority Sector Lending in India (NPAs of Public Sector Banks)

 Non-Performing Assets (NPA) : Conceptual Framework

 RBI Guidelines on classification of Bank Advances

 BASEL Norms on Risk Management in Banking Business

 Recent Policy changes vis-à-vis NPAs,

 Recovery of Debts due to Banks & Financial Institutions Act, 1993: Debt Recovery
Tribunal: Composition and Powers, Procedure for Recovery of Debts

 Securitisation and Reconstruction of Financial Assets and Enforcement of Security


Interests Act, 2002: Meaning of Securitisation, Asset Reconstruction, Enforcement of
Security Interest, Procedure for Enforcement of Security Interest under the Act,
Functions of Central Registry of Securitisation and Asset Reconstruction and Security
Interest of India ( CERSAI)

 Insolvency & Bankruptcy Code, 2016: Objectives and Composition of the Insolvency
and Bankruptcy Board, Powers and Functions of the Board.

Module 5 :-Insurance: Meaning and Nature (Lectures – 10)

 Definition and Nature of Insurance

 History and development of Insurance in India

 Legal Framework: Insurance Act, 1938, IRDA Act 1999

 Export Credit Guarantee Corporation of India Limited: Powers and Functions

 Nature of Insurance Contracts: Contract of Insurance: Classification of contract of


Insurance- Nature of various Insurance Contracts: Parties there to

 Principle of good faith


 Duty of Disclosure: non disclosure

 Misrepresentation in Insurance Contract- Premium: Definition-method of payment,


days of grace, forfeiture, return of premium, Mortality; The risk - commencement,
attachment and duration

Module 6 :- Kinds of Insurance (Lectures – 7)

 Life Insurance: Meaning and Essentials

 Health Insurance: Nature of Medi-claim policy and comprehensive Health Insurance


Policy

 Property Insurance

 Crop Insurance

 Fire Insurance

 Motor vehicle Insurance: Third Party Insurance: Meaning and Essentials, Award of
Compensation, Claims Tribunal

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