Chapter II — Incorporation, Capital, Management and Business
Section 12: Casual vacancies and absences
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
Section 12 provides continuity mechanisms when the Governor/Deputy Governor is temporarily unable to act and for casual vacancies in the Central Board or Local Boards.
Finin2min - Section 12 in 2 minutes
Statutory structure and clause / subsection decode
This map separates the operative limbs of this provision so thresholds, powers, conditions and exceptions are not collapsed into a single summary.
Rule 1
It permits temporary officiating arrangements and specifies how casual vacancies are filled
Rule 2
a person filling a casual vacancy generally holds office for the unexpired portion of the predecessor's term.
Connected rule
The section is about continuity, not creation of a fresh full term. Appointment authority differs depending on the office concerned.
Worked practical example
Facts. A replacement appointed after a Director's mid-term vacancy should not automatically be recorded as beginning a new full statutory tenure.
Compliance points and common mistakes
- Do not decide the issue from the heading alone. Map the facts to the operative words of Section 12 and to each relevant subsection, clause, proviso or explanation shown above.
- Keep the statutory question separate from the operational overlay. The section is about continuity, not creation of a fresh full term. Appointment authority differs depending on the office concerned.
- Do not convert an exception, exemption or discretionary RBI/Government power into an automatic entitlement. Record the authority, conditions and effective date.
- Where the provision is historical, omitted or repealed, state that status prominently and do not present it as a current compliance obligation.
Connected provisions and instruments
Questions and answers
What is the purpose of Section 12?
Casual vacancies and absences: Section 12 provides continuity mechanisms when the Governor/Deputy Governor is temporarily unable to act and for casual vacancies in the Central Board or Local Boards.
Which statutory limb should be checked first?
Rule 1 - It permits temporary officiating arrangements and specifies how casual vacancies are filled
What is the next legal boundary?
Rule 2 - a person filling a casual vacancy generally holds office for the unexpired portion of the predecessor's term.
What record should support the conclusion?
Section 12 file evidence: For appointment files, state whether the situation is temporary incapacity/absence or a true casual vacancy, because the legal route is different.
Primary sources
- Department of Financial Services - consolidated RBI Act (states amendments through Finance Act, 2022)
- India Code - Reserve Bank of India Act, 1934