Fashion Era

Saturday, 27 July 2013

Banking companies ordinance, 1962

Introduction
Law relating to Banking Companies is governed by Banking Companies Ordinance, 1962.
As we have seen that there are other laws which are related to the banking transactions and are of interest to different stake holders as such we shall take into account these ancillary statutes/ laws besides this ordinance.
Application of other laws shall not be barred under section2
This ordinance shall have limited application to certain financial institutions
1.       The provisions of sections 6,25A, 25AA, 29,31,32,33,40, 41,41A, 41B, 41C, 41D, 42, 83, 84, and

94 of this Ordinance shall, with such modifications as the State Bank may determined from time to time in relation to activities which have implications for the monetary or credit policies of the State Bank, apply to the Investment Corporation of Pakistan, the National Investment Unit Trust, the Pakistan Industrial Credit and Investment Corporation, the House Building Finance Corporation, the National Development Finance Corporation, the Bankers Equity Limited, the Pak-Libya Holding Company Limited, the Pakistan Kuwait Investment Company Limited, the Saudi-Pak Industrial and Agricultural Investment Company Limited, the Small Business Finance Corporation, the Regional Development Finance Corporation, Investment Finance Companies, Venture Capital Companies, Housing Finance Companies Corporations or Institutions which carry on one or more of the businesses enumerated in section 7 of this Ordinance, save and except for leasing companies and modaraba companies, as the Federal Government may from time to time, by notification in the Official Gazette, specify in this behalf.
2.       All notifications issued by the Federal Government which are inconsistent with the provisions of sub-section (1) including such notifications in respect of the National Development Leasing Corporations, Leasing Companies and Modaraba Companies shall stand rescinded with immediate effect.


Pakistan Banking Council

Pakistan Banking Council
1.    At the time of promulgation of this Act, Pakistan banking council was established to oversee the working and performance of nationalized banks. However, the council was dissolved vide Banks (Nationalization) (Amendment) ordinance 1997, the main features as contained in section 9 of the Act are given below:
2.    The Pakistan Banking Council (hereinafter referred to as the Council) shall stand dissolved forthwith.
3.    All assets, properties and rights of the Council shall stand transferred to and vest in, and all liabilities and other encumbrances of the Council shall stand transferred to and become the liabilities and encumbrances of, the State Bank.
4.    Employees of the Council, including its members,-
Ø  who are on deputation or secondment from any public sector financial institution shall revert to, and continue to be employed by, their parent institutions on terms and conditions governing their employment in their parent institutions; and
Ø  Who do not fall in clause (a) shall become employees of the State Bank on terms and conditions governing their employment with the Council.
Ø  Every contract or instrument to which the Council is a party shall continue to be in force and effective as if the State Bank had been a party thereto instead of the Council.
Ø  Any legal proceedings or, as the case may be, any application pending before any authority by or against the Council may be continued by or against the State Bank.
Ø  Where under any statute or statutory instrument, the Chairman or a member of the Council is nominated for a specified assignment of task, the vacancy caused by operation of this section shall be filled by a person nominated by the State Bank.

Friday, 26 July 2013

The Banks ( Nationalization) ACT, 1974

Nationalization of Banks 
We have gone through the evolutionary process of banking in Pakistan. We know that by June 30th 1948 the number of branches in Pakistan was only eighty one. However with the establishment of State Bank of Pakistan and efforts of the government, the number of schedule bank increased to 14 with 3323 branches all over Pakistan and also 74 branches in foreign countries by Dec 31st 1973. The commercial banks grew at tremendous speed and mobilized savings from the public and also contributed a lot in financing business and corporate sector. However it was considered that although banking sector was growing but the fruits of development were limited only to the urban population and corporate sector whereas most of the sectors, people and under develop regions were not getting due share. As such it was decided that banks should be nationalized.  For the implementation of this objective Nationalization Act 1974 was promulgated.
Objectives of Nationalization
The nationalization was carried out with a view to achieve the following objectives:
-- Disbursement of funds to the desired channels to achieve the priorities set out by the government for social welfare projects. 
-- Equitable distribution of credit to different classes, sectors and regions.
 Salient features of The Bank (Nationalization) Act, 1974
The Act extends to the whole of Pakistan
Act to override other laws.- This Act shall have effect not withstanding anything contained in any other law for the time being in force or in any agreement, contract, award memorandum or articles of association or other instrument.

Evolution of banking in Pakistan.

Evolution of banking in Pakistan.
Commercial banks constitute the most important source of institutional credit in the economy. As the country’s largest deposit institutions and the main source of short-term credit, they form the heart of the financial system.
At the time of independence, there were two banks incorporated in the undivided India in first half of 1940s’ whose owners were Muslims. After independence they decided to establish their head office in Pakistan, thus laying the foundation of banking in this country.
The National Bank of Pakistan was set up in November 1949 in crises conditions following the first trade deadlock with India. The original intention was to establish it sometime in 1950. The plans for its establishment had to be advanced in view of the critical situation, which developed especially in the jute trade as a result of India’s refusal to accept the exchange rate of the Pakistani Rupee following the Indian devaluation of 1949. The bank was set up through an Ordinance on 19 November 1949 and started its operations with five offices located at important jute centres. It played a notable role in financing the jute trade in collaboration with the Jute Board. In 1952, the National Bank of Pakistan took over the agency work of the State Bank of Pakistan to transact government business and manage currency chests at places where the state bank did not have an office of its own.
Prior to nationalization, the government owned 25 percent of the share capital while others held the remaining 75 percent. Following nationalization, the capital held by others was transferred to and invested in the federal government. Prior to nationalization, a Central Board of Directors governed the National Bank but consequent upon nationalization, the Central Board was dissolved and in its place an Executive Board consisting of a President who is the chief executive and four other members were appointed for the general direction and superintendence of the affairs and business of the bank.

Evolution of Banking, Historical Overview of Banking

EVOLUTION OF BANKING
Historical Overview of Banking.
Before we move on to evolution of banking in Pakistan, it would be quite interesting to have a glimpse of historical evolution of banking over a period of time.
Today, we look around us chain of banks rendering host of services to their customers. These banks cater to the commercial and industrial needs of all countries which include die highly developed and industrialized countries, the less developed countries and the countries which are at the take-off stage. Thus there are the industrial banks, the commercial banks, the joint stock banks, the co-operative banks, the agricultural banks, rural development banks, lead banks and so many other types of banks and credit institutions which are functioning. They not only meet the requirements on a national basis, but also on an international basis and what may be called as an ever expanding advancement in banking. The Banks now-a-days are performing so many functions that it would not be a misnomer to suggest that they have become the custodian of the monetary economies of the world.  When we talk of great scientific developments and inventions, banking as it stands today is also a wonder of the world.
Banking as we see today is the result of evolutionary development during the course of centuries. It would also be necessary to see how Banking has come to its present stage. There has been all round development in the world and the banking today is not what it was in the earlier rudimentary form. To develop true perception, we need to know as to in what manner Banking today has come to be what it is and in what manner this transition has taken place. 
The banking system, as it exists today, is the product of a number of centuries and is not the development of any particular period. In all the countries of the world. Banking has been in existence in one form or the other. So far as the present system is concerned, the word, bank is said to be of Germanic origin, cognate with the French word banque and the Italian word, banca, both meaning bench. In fact, this word may have derived its meaning from the practice of Jewish money-changers of Lombardy, a District in North Italy, who, in the middle ages, used to do business sitting on Benches in the market place. In case such an interpretation is provided, then it also finds support from a number of other derivations of the word such as the French word, Bancjue Route and the Italian word, Banka Rotta, both of which mean Broken Bench. This practice can be understood if we analyze the situation when a money-changer failed and his bench was broken as a result of his failure.
Macleod, however, does not agree with this view and says, "The Italian money-changers as such were never called Benchieri in the middle ages". It may be more correct to say that the word bank is derived from the German word back which means a Joint Stock Fund, which was Italianized into Banco, when the Germans were me masters of a major part of Italy. Professor Ram Chandran Rao has said: "whatever be the origin of the word bank, it would trace the history of banking in Europe from the middle ages
When we come to the Roman age, the State Banks were not functioning but there were private banks duly regulated by the Government. Aristotle stated that:
"Charging of interest on money was unnatural and immoral and on this account, banking could not develop for sometime."
We should also remember that in ancient times, commercial banking was associated with the business of money-changing. They also met the financial requirements of the ruling government. Adam Smith has stated as under:
"The earliest banks of Italy, where the name began, were finance companies..... to make loans to and float loans for the government of cities in which they were formed.... After these banks had been long established, they began to do what we call banking business, but at first they never thought of it.
It was only in the 12th century that the Banks, in the modem sense of the term, were established in Venice and Geneva, which were doing the business of receiving deposits and lending money, and were not only money-lenders. In Florence alone, there were about 80 bankers known to the whole of Europe such as Bardi, Medici, Peruzzi and others of great repute. The Bank of Venice founded in 1157, was the first Public Banking Institution. The Bank of Barcelona and the Bank of Geneva were established in 1401 and 1407 respectively and the Bank of the Venice and the Bank of Geneva continued to operate until the end of the 18th Century. The private banking houses such as the famous house of Fuggers and Augsburg enjoyed more eminence than Peruzzi and Bardi in the 14th Century and the Medici in the 15th Century in Italy. The bankers of Lombardy settled in the locality which is now known as the famous Lombard Street in London and to them belonged the credit of planting the seed of modem banking in England. Public banks like the famous Bank of Amsterdam was established in 1609 and these banks helped in the development of trade and commerce. These banks received heterogeneous metallic money and credited deposits in their books which were transferable through bank cheques. Thus, the mercantile payments now began to be settled by means of payment through cheques.

Financial instruments and banking laws and practices

Financial Instruments
We have discussed financial system and financial institutions, now shall move on to financial instruments. Financial instruments are the vehicles by which financial markets channel funds from savers to borrowers and provide returns to savers. We shall discuss major instruments or securities, traded in the financial sys­tem. For convenience, we analyze money market and capital market instru ments separately. Both money market and capital market assets are actively traded in financial markets.
Money Market Instruments
The short maturity of money market assets doesn't allow much time for their returns to vary. Therefore these instruments are safe investments for short-term surplus funds of households and firms. However, ill making investment decisions, savers must still consider the possibility of default—the chance that the borrower will be unable to repay the entire amount borrowed plus interest at maturity.
Government Treasury Bills
Government Treasury securities are short-term debt obligations of the   government. They are also the most liquid money market instrument because they have the largest trading volume. The federal government can raise taxes and issue currency to repay the amount borrowed, so there is virtually no risk of default. Treasury securities with maturities of less than one year are called Treasury bills (T-bills). Although individuals can hold them, the largest holders of T-bills are commercial banks, followed by other financial in­termediaries, businesses, and foreign investors. 

Wednesday, 24 July 2013

Financial system

Financial System
Complete and complex ever changing set of rules, regulations, procedures, practices policies, conducts; role of institutions (financial institution), Governments, Policy makers and central bank taken together may be called financial system.
The financial system does have its impacts on individuals, businesses, corporations and governments alike. At times in your life, you will be a saver and at other times, you may be a borrower.  The financial system channels funds from savers to borrowers and makes it possible for both to achieve their objectives. When the financial system works efficiently, it leads to better health of the economy.
Purpose of the financial system
Most of us at one time or another may need more funds than you have on hand for one purpose or another.  At the same time, others spend Jess than their incomes.  Those who have surplus funds may be willing to let someone else use their savings if they are compensated for doing so.
The mismatch of income and spending for individuals and organizations creates an opportunity to trade. The investor can use the funds saved by different classes of people. The investor would be better off by earning a profit from investing funds in a new venture and savers who have lent their money would be better off 'by receiving the return that the investor pays them for lending their funds.

Sources of law

Sources of law
 According to Salmond, following are the main sources:
1.  Formal sources
2.  Material sources
Formal Sources
Formal sources are comprised of statutes and decision of the courts.
Material sources
Material sources are comprised of legal sources and historical sources. Legal sources are comprised of the following
Legislation
Precedent
Customs
Agreement
The main instruments under the legal sources are legislation and precedent. 
First of all Precedent is explained.
Precedent or Case Law:
The decisions made by superior judiciary contain interpretation of law are called case law or precedents. The decisions can be relied upon/cited as precedents in future at the time of adjudication of the cases. 

Classification of Law

Classification of Law
The law is classified into the following branches
Imperative Law
Physical or Scientific Law
Natural or Moral Law
Imperative Law
The three ingredients of imperative law are explained in detail
Imperative law is a general rule
It is a rule of general application as distinguished from particular application. A rule which applies only to one individual or one set of circumstances at a given time but never afterwards will not be a rule of imperative law.  The rules of conduct laid down by a father for the guidance of his son; or by a master for his servant, though laid down by a superior and enforced by physical force, are not imperative law, because they are not of general application.
On the other hand, ‘general’ does not mean absolutely general, or applicable to all. Thus traffic rules, though applicable to drivers of vehicles only, are imperative law, for they apply generally to all drivers. The rules requiring ministers or the President to take an oath on entering upon office, though applicable to a few or even one individual form part of imperative law for the oath is to be taken by President after President, Minister after Minister, etc. thus “General” here signifies the fact that wherever a particular set of circumstances comes into existence, the rule should be invariably applicable, with exception –though the one affected may be an individual (the Minister) or to class of persons ( the drivers of vehicles).

Definition of Law

Definition of Law
Some of the definitions/concepts from the writings of eminent jurists are given below:
According to Blackstone:--
“Law signifies a rule of action, and is applied     indiscriminately to all kinds of action”.
According to Holland
“Law refers to a general rule of action, taking cognizance only of external acts enforced by a determinate authority, which authority is human, and among human authorities is that which is permanent in a political society”.
According to Hobbs
“The commands of him and them that have coercive power”
According to Austin
“A law is a rule of conduct imposed and enforced by the sovereign”
According to Salmond
“Law is the body of principles recognized and applied by the State in the administration of justice”

Jurisprudence

Jurisprudence                                                                         
For understanding law, we must have preliminary understanding of jurisprudence.    
The legal experts term civil law as science of jurisprudence. Some concepts of jurisprudence are given below:
“Jurisprudence means the knowledge of law, or knowledge of just and unjust”
It deals with laws that are enforceable by the courts.
Kinds of Jurisprudence
The jurisprudence has been classified as under:

Legal Systen in Pakistan

We know that every body around talks about law according to one’s own perception. Before studying the statutory provisions of law, interpretation and significance of law, it is important to know what law is all about. Law in general sense is defined as under:
“The law consists of rules that regulate the conduct of individuals, businesses, and other organizations within society”