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Banking Regulation Act, 1949 · Section guide

Section 36AI: Tribunal to have powers of a civil court

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 36AI — Tribunal to have powers of a civil court. Confers specified civil-court powers on the Tribunal for inquiry/evidence/procedure; these powers support adjudication. But do not convert every Tribunal step into an ordinary civil suit.

Official statute linkedProvision-specific anatomyPractical case + evidence file
Official text: DFS consolidated Act

Statutory structure and provision map

This map is a provision-specific explanation, not a substitute for the exact statutory text.

Core statutory rule

Confers specified civil-court powers on the Tribunal for inquiry/evidence/procedure.

Condition / limitation

these powers support adjudication but do not convert every Tribunal step into an ordinary civil suit.

Source and effective-date control

Apply the wording of Section 36AI that was in force on the event date; use the official Act and any applicable commencement/amending instrument linked on this page.

Professional application

List civil-court powers and evidentiary/proceeding consequences; distinguish these from general civil jurisdiction.

Evidence / working-paper checklist

  • Section 36AI evidence: RBI/Central Government order or scheme.
  • Section 36AI evidence: service/hearing record and reasons.
  • Section 36AI evidence: board/management handover or acquisition documents.
  • Section 36AI evidence: consequential appointment, compensation or tribunal records.

Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.

Common mistakes to avoid

  • For Section 36AI, avoid treating an intervention power as an ordinary governance power.
  • For Section 36AI, avoid missing the opportunity/hearing or service step specified by the Act.
  • For Section 36AI, avoid failing to implement the consequential disqualification/vesting/management effects.

Current-law source control

Source control: Section 36AI 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 36AI on the event date.

Professional reading note

Professional reading note — Section 36AI should be applied as a sequence, not as an isolated heading. Start with the factual trigger

for tribunal to have powers of a civil court, then test the operative proposition: Confers specified civil-court powers on the Tribunal for

inquiry/evidence/procedure. Next confirm the limiting or interaction point: these powers support adjudication but do not convert every Tribunal step into an ordinary

civil suit. 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 36AI evidence: RBI/Central

Government order or scheme and Section 36AI evidence: service/hearing record and reasons. Read the provision in sequence with Section 36AG — Compensation

to shareholders of acquired bank and Section 36AH — Constitution of Tribunal. 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.

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.