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Banking Act, 2006

Topic Serial # Content Case Law
 

PART XI

 
 

LIQUIDATION

 
108 General
109 State Bank’s permission required for the winding-up and liquidation of a bank
110 Rules of Voluntary Liquidation
111 Compulsory Liquidation
112 Representative of Owners in Liquidation Proceedings
113 Petition for commencing liquidation proceedings
114 Rejection of Petition
115 Rejection of Frivolous Petition
116 Appointment of Liquidator
117 Terms and Conditions of Service of Liquidator
118 Duties and Powers of Liquidator
119 Set Off and Netting
120 Secured Claims
121 Priority of Payment
122 No Recapitalization of Banks in Liquidation with Public Funds
123 Negotiated Settlements
124 No Compromise with Creditors
125 General Meeting and Committee of Creditors
126 Immediate Advances to Depositors
127 Distribution
128 Cross border insolvency of banks
 

Division II

 
 

Special Provisions for Speedy Disposal of Winding Up Proceedings

 
129 Part XI to override other Laws
130 Transfer of pending proceedings
131 Settlement of list of debtors
132 Documents of bank to be evidence
133 Report by Liquidator on conduct of promoters of banks etc
134 Public examination of directors and auditors
135 Special provisions for assessing damages against delinquent directors, etc
136 Duty of directors and officers of a bank to assist in the realization of property
136 Special provisions for punishing offences in relation to banks being wound up
138 Appeals
139 Special period of limitation
140 State Bank to tender advice in winding up proceedings
141 District Magistrate to assist liquidator in taking charge of property of bank being wound up
142 Enforcement of orders and decisions of High Court
143 Power of High Court to make rules
144 References to directors, etc., shall be construed as including reference to past directors, etc
145 Validation of certain proceedings
 

PART XII

 
 

BANKING MOHTASIB

 
146 Appointment of Banking Mohtasib
147 Terms and conditions of the Banking Mohtasib
148 Reference to Banking Mohtasib by Court
149 Procedure for making complaints
150 Recommendations for implementation
151 Power to call for information
152 Report of Banking Mohtasib
 

PART XIII

 
 

PROVISIONS RELATING TO DEPOSIT PROTECTION FUND

 
153 Interpretation in Part XIII
154 Establishment of Deposit Protection Fund
155 Objective of the Fund
156 Moneys paid into the Fund
157 Deposit Protection Board
158 Functions of the Board
159 Payments out of the Fund
160 Financial Accounts of the Fund
161 Contributions to the Fund
162 Payment of compensation to depositors in event of insolvency of contributing institution
163 Power of the Board to increase premium
164 Protection of Deposits
165 Power to make rules
 

PART XIV

 
 

MISCELLANEOUS

 
166 Scheduled offences and penalties under this Act
167 Penalties
168 Dishonest removal of pledged goods
169 Cognizance of offences, etc
170 Offences in relation to entries in books, documents, etc
171 Application of fines
173 Power of State Bank in regard to activities of domestic banks outside Pakistan
174 Unclaimed deposits and articles of value
175 Application of certain provisions to a bank incorporated by special enactments of the Federal Legislature
175 Removal of difficulties
177 Power of the State Bank to make regulations
178 Power of Federal Government to make rules
179 Power to exempt in certain cases
180 Exemption from liability
181 Exemption from requirement of licence
182 Continuance of charge and priority
183 Restrictions on usage of banking facilities for disruptive activities
184 Indemnity
185 Issues before the Court
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