Part I : Banking Law - Statutes :
1. The
Reserve Bank of India Act, 1934.
2. The
Banking Regulation Act, 1949.
3. The
Bankers’ Books Evidence Act, 1891.
4. The
Recovery of Debts due to Banks and Financial Institutions Act, 1993.
5. The
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interests Act, 2002.
6. The
Limitation Act 1963.
|
Module 01 |
Banking : 1.
Banking business : meaning and nature 2.
Evolution and history of banking, and its
growth in India 3.
Types of banks and their functions : Central
bank, Nationalised and Scheduled Banks, Regional rural
banks, Local area banks, Non-scheduled banks, Cooperative banks, Foreign
banks |
|
Module 02 |
Regulatory Framework
: 1.
Reserve Bank of India : Its structure, primary
and secondary functions; Control over banks in India. 2.
Monetary and credit Policy 3.
Cash Reserve Ratio, Statutory Liquidity Ratio,
Currency Chests 4.
Assets and liabilities of a bank, Permitted
bank investments, Lending limits 5.
Banking regulation, bank nationalisation and
social control over banking - an overview |
|
Module 03 |
Banker - Customer
Relations : 1.
Contractual nature of relationship - a)
Types of accounts b) Services
- Deposits, Discounting bills of exchange, Safe custody, Lockers, Foreign
exchange, Demand drafts, Pay orders 2.
Rights, duties and obligations of a banker 3.
Instruments - a)
Cheques, definition, types, crossing,
endorsement and types, Paying Banker - Obligations and protection, Collecting
banker - duties and protection b) Bank
guarantees and Letters of credit 4.
Interest, interest rates, usury 5.
Death of depositors and effect, nominations 6.
Remedies to the customer - Banking Ombudsman,
Consumer Protection Act 1986 |
|
Module 04 |
Lending by Banks
: 1. Parties in a contract of lending,
their respective rights, duties and immunities; |
Categories
of customers : Individual, Company, Partnership firm, Trust, Joint
Account
holders, Minors, Joint Hindu Family, Illiterate persons,
Unincorporated bodies, Consortium finance
2. Types
of loans and advances and their features
3. Security
for repayment of debt : Types of securities and their nature - guarantees,
immovable property, stocks-shares-debentures, goods, life policies, book debts,
Mortgage, charge, pledge, hypothecation, lien, Registration of mortgages and
charges
4. Lending
in priority sectors - agriculture, housing, education, MSMES, export credit,
weaker Sections, women
5. Lender’s
liability and the Fair Practice Code Module
05 Recovery of Loans and
Procedure :
1. Limitation
period for enforcing payment and securities
2. Default
and recovery of debts and enforcement of securities -
a) The
Recovery of Debts due to Banks and Financial Institutions Act, 1993 -
Chapters III, IV and V, and related definitions in
Section 2
b) Procedure
in aid of recovery of loans and debts and enforcement of securities under the
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interests Act, 2002 - Chapter III, and related definitions in Section
2 Part II : Insurance Law - Statutes :
1. The
Indian Contract Act, 1872 - Sections 17-19, 30, 31-35, 64.
2. The
Insurance Act, 1938 - Sections 2(2), 2(6A), 2(6B), 2(6C), 2(7A), 2(7B), 2(8)
2(9), 2(10), 2(11), 2(13A), 2(13B), 2(16B), 2C, 3, 3A, 3B, 6, 10, 27, 27A-27E,
38-40, 42, 42A, 45, 64VB, 103.
3. The
Insurance Regulatory and Development Authority of India Act, 1999 - Sections
3-5, 8, 18, 19.
4. The
Marine Insurance Act, 1963 - Sections 3, 6-9, 16-17, 19-26, 33-37, 52-54,
67-68.
5. The
Motor Vehicles Act, 1988 - Sections 2 (28), 2(30), 2(34), 140-143, 145-163B,
174, 177, 196.
6. The
Transfer of Property Act, 1882 - Sections 130, 130A, 135, 135A.
7. Regulations
made by the IRDA relating to Appointment of Insurance Agents, Protection of
Policy Holders’ Interests,
Surrender and Paid-up Value, Investments, Health Insurance, Life Insurance,
General Insurance, Reinsurance.
|
Module 06 |
Nature of Insurance
: 1.
What is insurance? Classes of insurance,
Voluntary and compulsory insurance 2.
Risks,
Risk-handling, spreading, and transfer, Mathematical value, Insurable
and other risks, Extent, commencement, duration and termination of risks - Period of risk, Time of loss 3.
Perils, insurable perils, Hazard, moral hazard
and adverse selection Re-insurance |
|
|
Module 07 |
Contract of
Insurance : 1. Contract
of insurance, subject-matter of insurance; Contingent nature of the |
|
|
|
insurance contract 2.
Formation of insurance contract - proposal and
acceptance, documents involved in formation - proposal, cover note, slips,
policy, certificate of insurance, the
process of formation of the insurance contract until issuing of policy, the
free-look provisions in life and health insurance 3.
Insurance agents and insurance brokers, and
their role in contract formation 4.
Proposal, its contents in general, life,
health insurance 5.
Premium, calculation, return and forfeiture of
premium, Tariff 6. Nomination and Assignments |
|
|
Module 08 |
General Principles
of Insurance : 1.
Indemnity - Meaning, application in different
types of insurance, double insurance, subrogation, contribution 2.
Insurable interest, wagering agreements 3.
Utmost Good Faith - Non-disclosure and
misrepresentation, Representations, warranties and conditions, Types of
conditions in insurance, Effect of breach, Waiver of breach, Application to
different classes of insurance, Limitations on avoidance of life insurance
policies under Section 45 of the Insurance Act 4. Doctrine of
proximate cause |
|
|
Module 09 |
Compulsory Insurance
under the Motor Vehicles Act, 1988 : 1.
Scheme of compulsory insurance 2.
Certificate of insurance, Transfer of
insurance policy 3.
Duty to give information 4.
Requirements of policy and limits of liability
5.
Right of an insurer to defend Duty to satisfy judgments |
|
|
Module 10 |
Development of
Insurance and Insurance Sector : 1.
History of insurance in India, Nationalisation
of life and general insurance, Opening up of the insurance sector, Foreign
investment in insurance 2. Insurance
Regulatory and Development Authority of India, its constitution, role, powers
and functions 3.
The Life Insurance Corporation of India, the
General Insurance Corporation of India, the General and the Life Insurance
Councils 4.
Registration of insurers, Capital and voting
structure; Investments by insurers 6. Functions and benefits of insurance |
|
Recommended Readings - Banking :
1. Tannan’s
Banking Law and Practice in India, Vinod Kothari ed, 26th edn, 2017,
LexisNexis.
2. Banking
and Insurance: Law and Practice, 2010, Taxmann.
3. P
N Varshney, Banking Law and Practice, 2013, Sultan Chand & Sons.
4. Avtar
Singh, Banking and Negotiable Instruments, 3rd edn, 2016, Eastern
Book Company.
5. IIBF,
Legal and Regulatory Aspects of Banking, 2015, Macmillan.
6. Bimal
N Patel et al, Banking Law, 2014, Eastern Book Company.
7. R
K Gupta, Banking Law and Practice in 3
Vols., 2012, Modern Law Publications.
8. Sukhvinder
Mishra, Banking Law and Practice, 2014, Sultan Chand & Sons.
9. R
K Bangia, Banking Law and Negotiable Instruments Act, 5th ed, 2015,
Allahabad Law Agency.
Recommended Readings - Insurance :
1. Sachin
Rastogi, Insurance Law and Principles, 2014, LexisNexis.
2. Gaurav
Varshney, Insurance Laws, 2017, LexisNexis.
3. Birds’
Modern Insurance Law, 9th ed, 2013, Sweet and Maxwell.
4. Avtar
Singh, Law of Insurance, 3rd edn, 2017, Eastern Book Company.
5. McGee,
The Modern Law of Insurance, 2011, Lexis-Nexis.
6. J
V N Jaiswal’s Law of Insurance, Sumeet Malik ed, 2nd edn, 2017,
Eastern Book Company.
7. B
C Mitra, Law Relating to Marine Insurance, 2012, Universal Law Publishing.
8. N
P Tripathi, Insurance: Theory and Practice, 2005, Prentice Hall India.
9. Marshall
Wilson, Insurance: Concepts and Coverage, 2012, Friesen Press.
10. MacGillivray
on Insurance Law, Prof John Birds et al ed, 13th ed + Supplement,
2016, Sweet and Maxwell.
11. Insurance:
Principles, Applications and Practices, 2009, Cyber Tech Publications.
12. John
Lowry et al, Insurance Law: Doctrines and Principles, 3rd ed, 2011,
Hart Publishing.
No comments:
Post a Comment