Banking Regulation Act, 1949 · Section guide
Section 36A: Certain provisions not to apply to certain banking companies
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
Section 36A — Certain provisions not to apply to certain banking companies. Excludes specified Part II provisions for the banking-company classes/circumstances named in the section; it is a targeted disapplication provision, not a general RBI waiver.
Official statute linkedProvision-specific anatomyPractical case + evidence file
Statutory structure and provision map
This map is a provision-specific explanation, not a substitute for the exact statutory text.
Core statutory rule
Excludes specified Part II provisions for the banking-company classes/circumstances named in the section.
Condition / limitation
it is a targeted disapplication provision, not a general RBI waiver.
Source and effective-date control
Apply the wording of Section 36A that was in force on the event date; use the official Act and any applicable commencement/amending instrument linked on this page.
Professional application
Identify exempted sections, qualifying bank circumstances, conditions and any notification power.
Evidence / working-paper checklist
- Section 36A evidence: RBI notice/direction/inspection requisition.
- Section 36A evidence: books, returns and source data supplied to RBI.
- Section 36A evidence: management response and remediation evidence.
- Section 36A evidence: effective-date mapping for every operative paragraph of the RBI instrument.
Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.
Common mistakes to avoid
- For Section 36A, avoid treating an RBI direction as advisory.
- For Section 36A, avoid answering an inspection request from summary data that cannot be reconciled to books.
- For Section 36A, avoid implementing a circular without checking applicability, effective date and supersession.
Related sections inside the Act
Use these links to read Section 36A in its statutory sequence, especially where the provision imports definitions, approvals, appeals, penalties or winding-up consequences from neighbouring sections.
Current-law source control
Source control: Section 36A 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 36A on the event date.
Primary official sources
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.