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      Question

      Under Section 43A(2) of the Banking Regulation Act,

      1949, in winding-up proceedings, after preferential payments have been made or provided for, there shall be paid in priority to all other debts, to savings bank account depositors and to other depositors alike, a sum of two hundred and fifty rupees or the balance at credit, whichever is less. The proviso to sub-section (2) limits the amount payable to any one person to two hundred and fifty rupees where that person is simultaneously a depositor in:
      A A savings bank account and in any other account of the same banking company Correct Answer Incorrect Answer
      B Two different banking companies being wound up simultaneously Correct Answer Incorrect Answer
      C A current account and a recurring deposit account only Correct Answer Incorrect Answer
      D A fixed deposit account with tenor exceeding one year Correct Answer Incorrect Answer
      E A salary account and a home loan repayment account Correct Answer Incorrect Answer

      Solution

      Section 43A(2) provides that, in winding-up proceedings, after preferential payments are made or provided for, savings bank account depositors are first paid β‚Ή250 or their credit balance (whichever is less), followed by all other depositors on the same terms. The proviso states that the sum total paid under clauses (a) and (b) to any one person who in his own name (and not jointly) is both a savings bank account depositor and a depositor in any other account of the same company shall not exceed β‚Ή250. This prevents a depositor from claiming the preferential sum twice by virtue of holding multiple accounts. The provision predates the Deposit Insurance and Credit Guarantee Corporation scheme and must now be read in light of Section 43A(9), which excludes insured depositors from the sub-section (2) regime.

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