Section 4 of the Banking Regulation Act, 1949: Power to Suspend Operation of Act
Updated: 13 September 2026
Section 4 of the Banking Regulation Act, 1949 gives a limited emergency power to temporarily suspend the operation of all or specified provisions of the Act. The power is primarily exercisable by the Central Government on a representation from the Reserve Bank of India, with a separate short-duration emergency power available to the RBI Governor or a nominated Deputy Governor.
- Central Government suspension under sub-section (1): up to 60 days at a time.
- Special-emergency RBI power under sub-section (2): up to 30 days.
- Extensions under sub-section (3): up to 60 days at a time, subject to a total maximum of one year.
- An extension notification under sub-section (3) must be laid before Parliament.
Text and meaning of Section 4
Section 4(1): Central Government power
The Central Government may, on a representation made by the Reserve Bank and if satisfied that it is expedient to do so, issue a notification in the Official Gazette suspending the operation of all or any provisions of the Banking Regulation Act, 1949. The suspension may operate generally or in relation to a specified banking company, and the period stated in the notification cannot exceed 60 days.
Section 4(2): Special emergency power of RBI Governor
In a special emergency, the Governor of the Reserve Bank, or in the Governor's absence a Deputy Governor nominated for the purpose, may exercise the power available under sub-section (1) by a written order. The suspension under this emergency route cannot exceed 30 days. The matter must be reported to the Central Government forthwith and the order must be published in the Gazette of India as soon as may be.
Section 4(3): Extension of suspension
The Central Government may extend a suspension made under sub-section (1) or sub-section (2) by notification in the Official Gazette. Each extension may be for a period not exceeding 60 days, but the total period of suspension cannot exceed one year.
Section 4(4): Parliamentary oversight
A copy of every notification issued under sub-section (3) must be laid before Parliament as soon as may be after it is issued.
Important legal expressions used in Section 4
| Expression | Meaning in context |
|---|---|
| Reserve Bank | The Reserve Bank of India, the central bank constituted under the Reserve Bank of India Act, 1934. |
| Banking company | Section 5(c) of the Banking Regulation Act, 1949 defines a banking company as a company which transacts the business of banking in India. |
| Banking | Section 5(b) broadly defines banking as accepting deposits of money from the public for lending or investment, repayable on demand or otherwise and withdrawable by cheque, draft, order or otherwise. |
| Official Gazette | The formal government publication through which statutory notifications and similar instruments are officially published. |
How Section 4 operates
Section 4 is not a general power to repeal or permanently disapply the Banking Regulation Act. It creates a temporary suspension mechanism subject to express statutory time limits. The ordinary route begins with a representation by the Reserve Bank to the Central Government. The special-emergency route permits immediate written action by the RBI Governor or a nominated Deputy Governor, but for a shorter maximum period.
The statute also places a ceiling on repeated extensions. Although the Central Government may extend the suspension from time to time, each extension cannot exceed 60 days and the total suspension cannot exceed one year. The requirement that an extension notification be laid before Parliament adds a legislative oversight element.
Related provisions
Section 4 forms part of the preliminary provisions of the Banking Regulation Act, 1949. For interpretation of key expressions used throughout the Act, see Section 5 - Interpretation. For the application of the Act to certain co-operative societies, see Section 3.