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      Question

      Section 46A of the Banking Regulation Act, 1949 deems

      certain persons to be public servants for the purposes of Chapter IX of the Indian Penal Code. Which of the following categories of persons is expressly covered by Section 46A?
      A Only the managing director and whole-time chairman of the banking company Correct Answer Incorrect Answer
      B Only officers above the rank of general manager Correct Answer Incorrect Answer
      C Only directors appointed by the Reserve Bank under Section 36AB Correct Answer Incorrect Answer
      D Every chairman who is appointed on a whole-time basis, managing director, director, auditor, liquidator, manager and any other employee of a banking company Correct Answer Incorrect Answer
      E Only the members of the Board of Directors excluding the whole-time chairman Correct Answer Incorrect Answer

      Solution

      Section 46A, inserted by the Banking Companies (Amendment) Act, 1956 (Act 95 of 1956) and amended by the Banking Regulation (Amendment) Act, 1994, provides that every chairman appointed on a whole-time basis, managing director, director, auditor, liquidator, manager and any other employee of a banking company shall be deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code (45 of 1860). Chapter IX of the IPC deals with offences by or relating to public servants, including offences such as disobeying a direction of the law by a public servant, framing an incorrect document, and corruption. The wide coverage тАФ from the whole-time chairman down to any employee тАФ reflects the quasi-public nature of banking and the need for high standards of conduct.

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