No Court shall take cognizance of any offence punishable under [sub-section (5) of section 36-AA or] [Inserted by Act 55 of 1963, Section 26 (w.e.f. 1.2.1964).] section 46 except upon complaint in writing made by an officer of [the Reserve Bank or, as the case may be, the National Bank] [Substituted by Act 61 of 1981, Section 61 and Sch. II, for " the Reserve Bank"] generally or specially authorised in writing in this behalf by [the Reserve Bank or, as the case may be, the National Bank] [Substituted by Act 61 of 1981, Section 61 and Sch. II, for " the Reserve Bank" (w.e.f. 1.5.1982).] and [no Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class or any Court superior thereto] [Substituted by Act 1 of 1984, Section 39, for certain words (w.e.f. 15.2.1984).] shall try any such offence.[47-A. Power of Reserve Bank to impose penalty. [Inserted by Act 58 of 1968, Section 17 (w.e.f. 1.2.1969).](1)Notwithstanding anything contained in section 46, if a contravention or default of the nature referred to in [sub-section (2) or sub-section (3) or sub-section (4)] of section 46, as the case may be, is made by a banking company, then, the Reserve Bank may impose on such banking company-(a)[ where the contravention or default is of the nature referred to in sub-section (2) of section 46, a penalty not exceeding twenty lakh rupees in respect of each offence and if the contravention or default persists, a further penalty not exceeding fifty thousand rupees for everyday, after the first day, during which the contravention or default continues; [Substituted by Act No. 4 OF 2013](b)where the contravention is of the nature referred to in sub-section (3) of section 46, a penalty not exceeding twice the amount of the deposits in respect of which such contravention was made;(c)where the contravention or default is of the nature referred to in sub-section (4) of section 46, a penalty not exceeding one crore rupees or twice the amount involved in such contravention or default where such amount is quantifiable, whichever is more, and where such contravention or default is a continuing one, a further penalty which may extend to one lakh rupees for everyday, after the first day, during which the contravention or default continues.](2)[ For the purpose of adjudging the penalty under sub-section (1), the Reserve Bank shall serve notice on the banking company requiring it to show cause why the amount specified in the notice should not be imposed and a reasonable opportunity of being heard shall also be given to such banking company.] [Substituted by Act 20 of 1994, Section 10, for sub-Ss. (2) and (3) (w.e.f. 31.1.1994).][* * *] [Sub-Section (3) omitted by Act 20 of 1994, Section 10 (w.e.f. 31.1.1994).](4)No complaint shall be filed against any banking company in any Court of law in respect of any contravention or default in respect of which any penalty has been imposed by the Reserve Bank under this section.(5)Any penalty imposed by the Reserve Bank under this section shall be payable within a period of fourteen days from the date on which notice issued by the Reserve Bank demanding payment of the sum is served on the banking company and in the event of failure of the banking company to pay the sum within such period, may be levied on a direction made by the principal Civil Court having jurisdiction in the area where the registered office of the banking company is situated; or, in the case of a banking company incorporated outside India, where its principal place of business in India is situated:Provided that no such direction shall be made except on an application made to the Court by the Reserve Bank or any officer authorised by that Bank in this behalf.(6)The Court which makes a direction under sub-section (5) shall issue a certificate specifying the sum payable by the banking company and every such certificate shall be enforceable in the same manner as if it were a decree made by the Court in a civil suit.(7)Where any complaint has been filed against any banking company in any Court in respect of the contravention or default of the nature referred to in sub-section (3) or, as the case may be, sub-section (4) of section 46, then, no proceedings for the imposition of any penalty on the banking company shall be taken under this section.]
