Power and Functions of Reserve Bank of India (RBI) Section 36 Banking Regulation Act, 1949

Introduction - 

         The Banking Regulation Act 1949,  Section 36 of the said Act deals with the power and functions of Reserve Bank of India.

Further Powers and Functions of Reserve Bank -

(1) The Reserve Bank may—

                 (a) caution or prohibit banking companies or any banking company in particular against entering into any particular transaction or class of transactions, and generally give advice to any banking company;

                (b) on a request by the companies concerned and subject to the provision of section 44A, assist, as intermediary or otherwise, in proposals for the amalgamation of such banking companies;

                (c) give assistance to any banking company by means of the grant of a loan or advance to it under clause (3) of sub-section (1) of section 18 of the Reserve Bank of India Act, 1934 (2 of 1934);

               (d) at any time, if it is satisfied that in the public interest or in me interest of banking policy or for preventing the affairs of the banking company being conducted in a manner detrimental to the interests of the banking company or its depositors it is necessary so to do, by order in writing and on such terms and conditions as may be specified therein —

             (i) require the banking company to call a meeting of its directors for the purpose of considering any matter relating to or arising out of the affairs of the banking company; or require an officer of the banking company to discuss any such matter with an officer of the Reserve Bank;

            (ii) depute one or more of its officers to which the proceedings at any meeting of the Board of directors of the banking company or of any committee or of any other body constituted by it; require the banking company to give an opportunity to the officers so deputed to be heard at such meetings and also require such officers to send a report of such proceedings to the Reserve Bank;

           (iii) require the Board of directors of the banking company or any committee or any other body constituted by it to give in writing to any officer specified by the Reserve Bank in this behalf at his usual address all notices of, and other communications relating to, any meeting of the Board, committee or other body constituted by it;

          (iv) appoint one or more of its officers to observe the manner in which the affairs of the banking company or of its offices or branches are being conducted and make a report thereon;

          (v) require the banking company to make, within such time as may be specified in the order, such changes in the management as the Reserve Bank may consider necessary.

     (2) The Reserve Bank shall make an annual report to the Central Government on the trend and progress of banking in the country, with particular reference to its activities under clause (2) of section 17 of the Reserve Bank of India Act, 1934 (2 of 1934), including in such report its suggestions, if any, for the strengthening of banking business throughout the country.

      (3) The Reserve Bank may appoint such staff at such places as it considers necessary for the scrutiny of the returns, statements, and information furnished by banking companies under this Act, and generally to ensure the efficient performance of its functions under this Act.

Relevant case law 

 Canara Bank Vs Standard Chartered Bank AIR 2002  SC 132

In this case, Supreme Court held that instructions which are issued by the Reserve Bank of India(RBI) are meant to be complied with only by the banking companies and could not be regarded as binding on the other parties.



See Also...

 1. Audit (Section 30) under the Banking Regulation Act 1949

2. Reserve Fund (Section 17 of the Banking Regulation Act,1949)

3. Prohibition Of Certain Activities In Relation To Banking Companies (Section 36AD)

4. Forms of Business of Banking Companies | Banking Law

5. Cash reserve (Section 18) the Banking Regulation Act, 1949