Section 36AJ: Procedure of Tribunal

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 36AJ — Procedure of Tribunal. Allows the Tribunal to regulate its procedure subject to the Act/rules and addresses finality/decision mechanics specified by the provision; parties should follow the special statutory process.

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

Allows the Tribunal to regulate its procedure subject to the Act/rules and addresses finality/decision mechanics specified by the provision.

Condition / limitation

parties should follow the special statutory process.

Source and effective-date control

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

Professional application

State procedure-making powers and decision rules with the correct legal limits.

Working flow

Identify the bank/entity class, event date and the factual trigger for Procedure of Tribunal.

Apply the core Section 36AJ rule: Allows the Tribunal to regulate its procedure subject to the Act/rules and addresses finality/decision mechanics specified by the provision.

Test the next condition or limitation: parties should follow the special statutory process.

Reconcile any amount, period, approval, filing or return mentioned in Section 36AJ with the supporting record.

Record the conclusion, official source used, effective date and evidence that proves the statutory condition was met or not met.

Evidence / working-paper checklist

Section 36AJ evidence: RBI/Central Government order or scheme.
Section 36AJ evidence: service/hearing record and reasons.
Section 36AJ evidence: board/management handover or acquisition documents.
Section 36AJ 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 36AJ, avoid treating an intervention power as an ordinary governance power.
For Section 36AJ, avoid missing the opportunity/hearing or service step specified by the Act.
For Section 36AJ, avoid failing to implement the consequential disqualification/vesting/management effects.

Related sections inside the Act

Use these links to read Section 36AJ 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 36AJ 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 36AJ on the event date.

Professional reading note

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

for procedure of tribunal, then test the operative proposition: Allows the Tribunal to regulate its procedure subject to the Act/rules and addresses

finality/decision mechanics specified by the provision. Next confirm the limiting or interaction point: parties should follow the special statutory process. 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 36AJ evidence: RBI/Central Government order or scheme

and Section 36AJ evidence: service/hearing record and reasons. Read the provision in sequence with Section 36AH — Constitution of Tribunal and Section

36AI — Tribunal to have powers of a civil court. 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.

Primary official sources

Department of Financial Services — consolidated Banking Regulation Act, 1949

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.