29.
Accounts and balance-sheet. —(1) At the expiration
of each calendar year or at the expiration of a period of
twelve months ending with such date as the Central Government
may, by notification in the Official Gazette, specify in this
behalf, every banking company incorporated in India, in respect
of all business transacted by it, and every banking company
incorporated outside India, in respect of all business transacted
through its branches in India, shall prepare with reference
to that year or period, as the case may be, a balance-sheet
and profit and loss account as on the last working day of
that year or the period, as the case may be in the Forms set
out in the Third Schedule or as near thereto as circumstances
admit:
Provided that with a view to facilitating the transition
from one period, of accounting to another period of-accounting
under this sub-section, the Central Government may, by order
published in the Official Gazette, make such provisions as
it considers necessary or expedient for the preparation of,
or for other matters relating to, the balance sheet or profit
and loss account in respect of the concerned year or period,
as the case may be.
(2) The balance-sheet and profit and loss account shall be
signed—
(a) in the case of a banking company incorporated in India,
by the manager or the principal officer of the company and
where there are more than three directors of the company,
by at least three of those directors, or where there are not
more than three directors, by all the directors, and
(b) in the case of a banking company incorporated outside
India by the manager or agent of the principal office of the
company in India.
(3) Notwithstanding that the balance-sheet of a banking company
is under subsection (I) required to be prepared in a form
other than the form set out in Part I -of Schedule VI to the
Companies Act, 1956 (1 of 1956), the requirements of that
relating to the balance-sheet and profit and loss account
of a company shall, in so far as they are not inconsistent
with this Act, apply to the balance-sheet or profit and loss
account, as the case may be, of a banking company.
(3A) Notwithstanding anything to the contrary contained in
sub-section (3) of section 210 of the Companies Act, 1956
(1 of 1956), the period to which the profit and loss account
relates shall, in the case of a banking company, be the period
ending with the last working day of the year immediately preceding
the year in which the annual general meeting is held.
Explanation. —In sub-section (3A), "year"
means the year or, as the case may be, the period referred
to in sub-section (1).
(4) The Central Government, after giving not less than three
months' notice of its mention so to do by a notification in
the Official Gazette, may from time to time by a like notification
amend the Form set out in the Third Schedule.
|