Statutory structure and clause/subsection decode
Covered period
An accounting year that expired before commencement of the Act.
Legal consequence
The Banking Regulation Act does not govern preparation, audit and submission of those accounts.
Applicable law
Those pre-commencement accounts are prepared, audited and submitted under the law in force immediately before commencement.
Limit
Section 34 is not a general non-retrospectivity clause for every transaction, contract or regulatory duty under the Act.
Practical example
Suppose a historical research file concerns a banking company’s accounting year that had already ended before the Banking Regulation Act commenced. Section 34 directs the reviewer to the accounting law in force immediately before commencement for preparation, audit and submission of those accounts. It does not protect unrelated post-commencement banking transactions from later statutory rules.
Current-law source control
Source control: Section 34 is anchored to the official DFS consolidated text; later changes require separate Gazette verification.
Dated matters: verify any later Gazette, RBI direction or binding judgment affecting Section 34 on the event date.
Professional reading note
Professional reading note — Section 34 should be applied as a sequence, not as an isolated heading. Start with the factual trigger
for accounting provisions not retrospective, then test the operative proposition: Protects transactions/accounts from retrospective disturbance merely because accounting provisions were later introduced.
Next confirm the limiting or interaction point: it is a transitional rule, not an exemption from current-period accounting obligations. The working file
should be capable of showing why the section applies to the relevant bank or person, which statutory version governs the event date,
and which documentary record proves the conclusion. Useful evidence on this page includes Section 34 evidence: general-ledger / treasury reconciliation and Section
34 evidence: return or financial statement submitted to RBI/Registrar. Read the provision in sequence with Section 32 — Copies of balance-sheets and
accounts to be sent to registrar and Section 33 — Display of audited balance-sheet by companies incorporated outside India. This method keeps
the legal answer tied to the provision itself while allowing RBI directions, rules and later instruments to be layered on only where
their own scope actually applies.
Section 34 Q&A
What period does Section 34 address?
An accounting year that expired before commencement of the Banking Regulation Act.
What law governs those accounts?
The law in force immediately before commencement of the Act.
Is Section 34 a general bar on retrospective effects throughout the Act?
No. Its text is specifically about preparation, audit and submission of accounts for the pre-commencement accounting year.
Why is the section mainly historical today?
Because its operative subject is an accounting year that expired before the Act commenced.
Disclaimer
This Finin2min page is an educational and professional reference. Banking regulation is fact-, entity- and date-sensitive. Verify the current Act, Gazette amendments and commencement notifications, applicable RBI Rules/directions and the transaction record before acting or filing.