CHAPTER IPRELIMINARY
1.Short title and commencement.
1. Short title and commencement.- (1) This Act may be called the
State Bank of Hyderabad Act, 1956.(2) It shall be deemed to have come into force on the 22nd day of
October, 1956.2.Definitions.
2. Definitions.- In this Act, unless the context otherwise requires,–
(a) “appointed day” means the 22nd day of October, 1956;
(b) “Hyderabad Bank” means the Hyderabad State Bank renamed under sub-section (1) of section 3, as the State Bank of Hyderabad;
(c) “Hyderabad State Bank” means the Hyderabad State Bank constituted and incorporated under the Hyderabad State
Bank Act, 1350 F (19 of 1350 F)
142.(d) “prescribed” means prescribed by regulations made under this Act;
(e) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934.(2 of 1934)
1*[(f) “State Bank” means the State Bank of India constituted under the State Bank of India Act, 1955.(23 of 1955)
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CHAPTER IIRE-NAMING OF THE HYDERABAD STATE BANK AND TRANSFER OF ITS SHARE CAPITAL TO THE RESERVE BANK
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3.Change of name of Hyderabad State Bank.
3. Change of name of Hyderabad State Bank.- (1) On the appointed day, the body corporate constituted by the Hyderabad State Bank Act,
1350 F (19 of 1350 F), and known as the Hyderabad State Bank shall be re-named as the State Bank of Hyderabad 2***.
3*[(2) The said body corporate shall consist of the State Bank and other shareholders, if any, for the time being, of the Hyderabad
Bank.
(2A) The Hyderabad Bank shall carry on the business of banking and other business in accordance with the provisions of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), and shall have power to acquire and hold property, whether movable or immovable, for the purposes of its business and to dispose of the same.]
(3) The change of name of the Hyderabad State Bank by sub-section
(1) shall not affect any rights or obligations of that bank, or render defective any legal proceedings by or against it; and any legal proceedings which might have been continued or commenced by or against the Hyderabad State Bank by its former name may be continued by or against it by its new name.
4.Head Office and branches of Hyderabad Bank.
4. Head Office and branches of Hyderabad Bank.- (1) Unless otherwise directed by the Central Government by notification in the
Official Gazette, the Head Office of the Hyderabad Bank shall be at
Hyderabad.
(2) The Hyderabad Bank shall continue to maintain every branch and agency of the Hyderabad State Bank in existence immediately before the appointed day, 4*[and shall not discontinue any branch or establish any new branch except in consultation with the State Bank and with the approval of the Reserve Bank].
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1. Ins. by Act 38 of 1959, s. 64 and Sch. III (w.e.f. 1-10-1959).
2. Certain words omitted by s. 64 and Sch. III, ibid. (w.e.f. 1-10-
1959).
3. Subs. by s. 64 and Sch. III, ibid., for sub-section (2) (w.e.f.
1-10-1959).
4. Subs. by s. 64 and Sch. III, ibid., for certain words (w.e.f. 1-
10-1959).
143.5.Transfer of share capital of Hyderabad State Bank to Reserve Bank.
5. Transfer of share capital of Hyderabad State Bank to Reserve
Bank.-On the appointed day, all shares in the capital of the Hyderabad
State Bank shall be transferred to, and shall vest in, the Reserve
Bank free of all trusts, liabilities and encumbrances.
6.Compensation to share-holders of Hyderabad State Bank.
6. Compensation to share-holders of Hyderabad State Bank.- (1) The
Reserve Bank shall pay to the State Government of Hyderabad and every other person who, immediately before the appointed day, is registered as a holder of shares in the Hyderabad State Bank, as compensation for the transfer of such shares to the Reserve Bank under section 5, an amount calculated at the rate of ninety-four rupees four annas and six pies in Indian currency for each share of the face value of one hundred Osmania Sicca rupees.
(2) Notwithstanding the transfer of the shares in the capital of the Hyderabad State Bank to the Reserve Bank, any shareholder who, immediately before the appointed day, was entitled to payment of dividend on the shares of the Hyderabad State Bank held by him shall be entitled to receive from the Hyderabad Bank all dividends declared by the Hyderabad State Bank in respect of his shares for any year which ended before the appointed day and remaining unpaid.
(3) Notwithstanding anything contained in the Hyderabad State
Bank Act, 1350 F (19 of 1350 F), no such shareholder shall be entitled as of right to any dividend on the shares of the Hyderabad
State Bank held by him in respect of any period before the appointed day for which that bank had not declared a dividend:
Provided that the Central Government may, in respect of any such period, authorize the payment of dividend at such rate as it may specify if it is satisfied that there is sufficient balance of profits available after such provisions and contributions for the purposes referred to in section 28 as the Reserve Bank considers necessary have been made.
(4) Nothing contained in sub-section (1) shall affect the rights inter se between the holder of any share in the Hyderabad State Bank and any other person who may have an interest in such share and such other person shall be entitled to enforce his interest against the compensation awarded to the holder of such share but not against the
Reserve Bank.
7.Certain officers of the Hyderabad State Bank to vacate office.
7. Certain officers of the Hyderabad State Bank to vacate office.-
(1) Every person holding office as director (including the President and the managing director) or as deputy managing director,
144.in the Hyderabad State Bank immediately before the appointed day, shall be deemed to have vacated that office on the appointed day, and notwithstanding anything contained in this Act or in any other law for the time being in force or in any agreement or contract, such person shall not be entitled to any compensation for the loss of office or for the premature termination of any agreement or contract relating to his employment, except such pension, compensation or other benefit, as the Hyderabad Bank may, with the previous approval of the Reserve
Bank, grant to him having regard to what he would have received, if this Act had not been passed and if his employment had ceased on the appointed day in the ordinary course.
(2) Nothing in sub-section (1) shall be deemed to prevent the
Hyderabad Bank from re-appointing or re-employing with the previous permission in writing of the Reserve Bank, the managing director or the deputy managing director of the Hyderabad State Bank on such terms and conditions as are agreed upon between him and the Hyderabad Bank and are approved by the Reserve Bank.
8.Special provisions regarding existing officers and employees.
8. Special provisions regarding existing officers and employees.-
(1) Notwithstanding anything contained in any law or contract of service or other document, no appointment made or promotion, increment in salary, pension or allowance or any other benefit granted to any person by the Hyderabad State Bank after the 19th day of December,
1954, and before the appointed day which would not ordinarily have been made or granted or which would not ordinarily have been admissible under the rules or authorizations of the Hyderabad State
Bank, or of any provident, pension, or other fund in force before the
19th day of December, 1954, shall have effect or be payable or claimable from the Hyderabad Bank, or from any provident, pension or other fund or from any authority administering any such fund, unless the Reserve Bank has, by general or special order, confirmed the appointment, promotion or increment or has directed the grant of the pension, allowance or other benefit, as the case may be.
(2) Where any officer or other employee of the Hyderabad State
Bank has, whether before or after the appointed day, received any amount by reason of any such appointment, promotion or increment or the grant of any such pension, allowance or other benefit, as is referred to in sub-section (1), which has not been confirmed or sanctioned by the Reserve Bank in pursuance of the powers conferred
145.on it by that sub-section, such officer or other employee shall be bound to refund such amount to the Hyderabad Bank and that bank shall be entitled to take all such steps as may be necessary for recovering such amount.
(3) Where any managing director, deputy managing director or other employee of the Hyderabad State Bank has, after the 19th day of
December, 1954, and before the appointed day, been paid any sum be way of compensation or gratuity, the Hyderabad Bank shall be entitled to claim refund of any sum so paid if the payment is not confirmed by the
Reserve Bank by general or special order.
(4) Notwithstanding anything contained in any law for the time being in force, the re-naming of the Hyderabad State Bank or the transfer of its share capital to the Reserve Bank shall not entitle any officer or other employees of that bank to any compensation to which he may be entitled under any such law, and no such claim shall be entertained by any Court, tribunal or other authority.
CHAPTER IIRE-NAMING OF THE HYDERABAD STATE BANK AND TRANSFER OF ITS SHARE CAPITAL TO THE RESERVE BANK
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3.Change of name of Hyderabad State Bank.
3. Change of name of Hyderabad State Bank.- (1) On the appointed day, the body corporate constituted by the Hyderabad State Bank Act,
1350 F (19 of 1350 F), and known as the Hyderabad State Bank shall be re-named as the State Bank of Hyderabad 2***.
3*[(2) The said body corporate shall consist of the State Bank and other shareholders, if any, for the time being, of the Hyderabad
Bank.
(2A) The Hyderabad Bank shall carry on the business of banking and other business in accordance with the provisions of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), and shall have power to acquire and hold property, whether movable or immovable, for the purposes of its business and to dispose of the same.]
(3) The change of name of the Hyderabad State Bank by sub-section
(1) shall not affect any rights or obligations of that bank, or render defective any legal proceedings by or against it; and any legal proceedings which might have been continued or commenced by or against the Hyderabad State Bank by its former name may be continued by or against it by its new name.
4.Head Office and branches of Hyderabad Bank.
4. Head Office and branches of Hyderabad Bank.- (1) Unless otherwise directed by the Central Government by notification in the
Official Gazette, the Head Office of the Hyderabad Bank shall be at
Hyderabad.
(2) The Hyderabad Bank shall continue to maintain every branch and agency of the Hyderabad State Bank in existence immediately before the appointed day, 4*[and shall not discontinue any branch or establish any new branch except in consultation with the State Bank and with the approval of the Reserve Bank].
———————————————————————
1. Ins. by Act 38 of 1959, s. 64 and Sch. III (w.e.f. 1-10-1959).
2. Certain words omitted by s. 64 and Sch. III, ibid. (w.e.f. 1-10-
1959).
3. Subs. by s. 64 and Sch. III, ibid., for sub-section (2) (w.e.f.
1-10-1959).
4. Subs. by s. 64 and Sch. III, ibid., for certain words (w.e.f. 1-
10-1959).
143.5.Transfer of share capital of Hyderabad State Bank to Reserve Bank.
5. Transfer of share capital of Hyderabad State Bank to Reserve
Bank.-On the appointed day, all shares in the capital of the Hyderabad
State Bank shall be transferred to, and shall vest in, the Reserve
Bank free of all trusts, liabilities and encumbrances.
6.Compensation to share-holders of Hyderabad State Bank.
6. Compensation to share-holders of Hyderabad State Bank.- (1) The
Reserve Bank shall pay to the State Government of Hyderabad and every other person who, immediately before the appointed day, is registered as a holder of shares in the Hyderabad State Bank, as compensation for the transfer of such shares to the Reserve Bank under section 5, an amount calculated at the rate of ninety-four rupees four annas and six pies in Indian currency for each share of the face value of one hundred Osmania Sicca rupees.
(2) Notwithstanding the transfer of the shares in the capital of the Hyderabad State Bank to the Reserve Bank, any shareholder who, immediately before the appointed day, was entitled to payment of dividend on the shares of the Hyderabad State Bank held by him shall be entitled to receive from the Hyderabad Bank all dividends declared by the Hyderabad State Bank in respect of his shares for any year which ended before the appointed day and remaining unpaid.
(3) Notwithstanding anything contained in the Hyderabad State
Bank Act, 1350 F (19 of 1350 F), no such shareholder shall be entitled as of right to any dividend on the shares of the Hyderabad
State Bank held by him in respect of any period before the appointed day for which that bank had not declared a dividend:
Provided that the Central Government may, in respect of any such period, authorize the payment of dividend at such rate as it may specify if it is satisfied that there is sufficient balance of profits available after such provisions and contributions for the purposes referred to in section 28 as the Reserve Bank considers necessary have been made.
(4) Nothing contained in sub-section (1) shall affect the rights inter se between the holder of any share in the Hyderabad State Bank and any other person who may have an interest in such share and such other person shall be entitled to enforce his interest against the compensation awarded to the holder of such share but not against the
Reserve Bank.
7.Certain officers of the Hyderabad State Bank to vacate office.
7. Certain officers of the Hyderabad State Bank to vacate office.-
(1) Every person holding office as director (including the President and the managing director) or as deputy managing director,
144.in the Hyderabad State Bank immediately before the appointed day, shall be deemed to have vacated that office on the appointed day, and notwithstanding anything contained in this Act or in any other law for the time being in force or in any agreement or contract, such person shall not be entitled to any compensation for the loss of office or for the premature termination of any agreement or contract relating to his employment, except such pension, compensation or other benefit, as the Hyderabad Bank may, with the previous approval of the Reserve
Bank, grant to him having regard to what he would have received, if this Act had not been passed and if his employment had ceased on the appointed day in the ordinary course.
(2) Nothing in sub-section (1) shall be deemed to prevent the
Hyderabad Bank from re-appointing or re-employing with the previous permission in writing of the Reserve Bank, the managing director or the deputy managing director of the Hyderabad State Bank on such terms and conditions as are agreed upon between him and the Hyderabad Bank and are approved by the Reserve Bank.
8.Special provisions regarding existing officers and employees.
8. Special provisions regarding existing officers and employees.-
(1) Notwithstanding anything contained in any law or contract of service or other document, no appointment made or promotion, increment in salary, pension or allowance or any other benefit granted to any person by the Hyderabad State Bank after the 19th day of December,
1954, and before the appointed day which would not ordinarily have been made or granted or which would not ordinarily have been admissible under the rules or authorizations of the Hyderabad State
Bank, or of any provident, pension, or other fund in force before the
19th day of December, 1954, shall have effect or be payable or claimable from the Hyderabad Bank, or from any provident, pension or other fund or from any authority administering any such fund, unless the Reserve Bank has, by general or special order, confirmed the appointment, promotion or increment or has directed the grant of the pension, allowance or other benefit, as the case may be.
(2) Where any officer or other employee of the Hyderabad State
Bank has, whether before or after the appointed day, received any amount by reason of any such appointment, promotion or increment or the grant of any such pension, allowance or other benefit, as is referred to in sub-section (1), which has not been confirmed or sanctioned by the Reserve Bank in pursuance of the powers conferred
145.on it by that sub-section, such officer or other employee shall be bound to refund such amount to the Hyderabad Bank and that bank shall be entitled to take all such steps as may be necessary for recovering such amount.
(3) Where any managing director, deputy managing director or other employee of the Hyderabad State Bank has, after the 19th day of
December, 1954, and before the appointed day, been paid any sum be way of compensation or gratuity, the Hyderabad Bank shall be entitled to claim refund of any sum so paid if the payment is not confirmed by the
Reserve Bank by general or special order.
(4) Notwithstanding anything contained in any law for the time being in force, the re-naming of the Hyderabad State Bank or the transfer of its share capital to the Reserve Bank shall not entitle any officer or other employees of that bank to any compensation to which he may be entitled under any such law, and no such claim shall be entertained by any Court, tribunal or other authority.
CHAPTER VIRESERVE FUND ACCOUNTS AND AUDIT
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27.Reserve Fund.
1*[27. Reserve Fund.- (1) The reserve fund of the Hyderabad Bank shall, subject to the provisions of sub-section (4) of section 10, and sub-section (2) of this section, consist of–
(a) on the day on which the amendments to this Act made by the State Bank of India (Subsidiary Banks) Act, 1959.(38 of 1959), take
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1. Subs. by Act 38 of 1959, s. 64 and Sch. III, for s. 27 (w.e.f. 1-
10-1959).
147.effect, such sum as the State Bank, with the approval of the Reserve Bank, may determine; and
(b) after that day, the sum aforesaid together with such further sums as may be transferred to the reserve fund by the Hyderabad Bank out of its annual net profits before declaring a dividend.
(2) The State Bank shall, as soon as may be after the determination, if any, of the amount of compensation by the Tribunal, under the State Bank of India (Subsidiary Banks) Act, 1959 (38 of
1959) consider whether any increase or reduction of the reserve fund of the Hyderabad Bank is necessary by way of adjustment by transfer from or to any account or towards provision for bad and doubtful debts, depreciation in assets, or contingencies or for any other purpose and may thereafter, with the approval of the Reserve Bank, direct the Hyderabad Bank to so increase or reduce its reserve fund.]
28-3.[Repealed.]
28-31. Rep. by the State Bank of India (Subsidiary Banks) Act,
1959 (38 of 1959), s. 64 and Sch. III (w.e.f. 1-10-1959).
CHAPTER VIIMISCELLANEOUS
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32-4.[Repealed.]
32-40. Rep. by the State Bank of India (Subsidiary Banks) Act,
1959 (38 of 1959), s. 64 and Sch. III (w.e.f 1-10-1959).
41.Power of Central Government to make rules.
41. Power of Central Government to make rules.- (1) The Central
Government may, in consultation with the Reserve Bank, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for–
(a) the manner of, and the procedure for payment of, compensation under this Act, including the requirements subject to which the payment shall be made;
(b) the determination of persons to whom the said compensation shall be payable in all cases including cases where shares have been held by more than one person, or where they have been transferred before the appointed day, but the transfer has not been registered or where the share holder is dead;
148.(c) the circumstances under which claims for payment of the said compensation from persons claiming through or under a shareholder may be entertained;
(d) the requirements to be complied with before receipt of the said compensation by a shareholder, whose share certificate has been lost, destroyed, mutilated or stolen;
(e) the requirements, subject to which information regarding the payment of the said compensation may be granted or refused and the conditions subject to which such information may be given.
(3) All rules made under this section shall be laid for not less than thirty days before both Houses of Parliament as soon as possible after they are made and shall be subject to such modifications as
Parliament may make during the session in which they are so laid for the session immediately following.
42-4.42-43. Rep. by the State Bank of India. (Subsidiary Banks) Act,
1959 (38 of 1959), s. 64 and Sch. III (w.e.f. 1-10-1959.)
44.References to Hyderabad State Bank in other laws.
44. References to Hyderabad State Bank in other laws.- On and from the appointed day, any reference to the Hyderabad State Bank in any law (other than this Act) or in any contract or other instrument shall, except as otherwise provided in any general or special order made by the Central Government, be deemed to be a reference to the
Hyderabad Bank.
45-4.[Repealed.]
45-46. Rep. by the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), s. 64 and Sch. III (w.e.f. 1-10-1959).
