Dishonour of cheques – Modification in procedure
Dishonour of cheques – Modification in procedure
RBI/2016-17/33
DBR.No.Leg.BC.3/09.07.005/2016-17
August 04, 2016
All Scheduled Commercial Banks
(Including RRBs)
Dear Sir/ Madam,
Dishonour of cheques – Modification in procedure
Please refer to our circular DBOD.BC.Leg.No.113/09.12.001/2002-03 dated June 26, 2003 and paragraph 11.4 (i) of RPCD.CO.RRB.BC.No.100/03.05.33/2013-14 dated May 12, 2014 wherein banks were advised to introduce a condition for operation of accounts with cheque facility that in the event of dishonour of a cheque valuing rupees one crore and above drawn on a particular account of the drawer on four occasions during the financial year for want of sufficient funds in the account, no fresh cheque book would be issued. Also, the bank may consider closing current account at its discretion.
2. The above instructions have been reviewed and it has been decided to leave it to the discretion of the banks to determine their response to dishonour of cheques of the account holders. Banks should put in place an appropriate policy approved by the Board or its Committee taking into consideration the need to prevent misuse of the cheque drawing facility and avoid penalising customers for unintended dishonour of cheques.
3. This policy should be transparent, made known to every customer upfront and implemented fairly.
Yours faithfully,
(Rajinder Kumar)
Chief General Manager
****************
Dishonour of cheques – Procedure thereof
Ref. DBOD.BC.Leg. No.113 / 09.12.001/ 2002-03
June 26, 2003
All Scheduled Commercial Banks
(Excluding RRBs and LABs)
Dear Sir,
Dishonour of cheques – Procedure thereof
As you are aware, in January 1992, banks were advised to implement the recommendation of the Goiporia Committee that dishonoured instruments are returned / despatched to the customer promptly without delay, in any case within 24 hours (Ref.No.3.36 – our circular DBOD.No.BC.74/09.07.001/91-92 dated 28th January 1992).
2. Pursuant to the investigation by the Joint Parliamentary Committee (the JPC) into the Stock Market Scam, the JPC has recommended (in para 5.214 of its report ) that "specific guidelines need to be issued by the Reserve Bank to all banks regarding the procedure to be followed by them in respect of dishonoured cheques from Stock Exchanges." In the light of aforesaid recommendations of the JPC, the extant instructions relating to return of all dishonoured cheques have been reviewed.
3. We understand that banks are already following the appropriate procedure keeping in view the above instructions to deal with the dishonour of cheques. However, it is considered necessary to streamline the procedure to be followed by all banks in this behalf. It is therefore suggested that in addition to the existing instruction in respect of dishonoured instruments for want of funds, banks may follow the additional instructions laid down in para 4 of this circular which could cover all cheques dishonoured on account of insufficient funds and not only those relating to settlement transactions of Stock Exchanges.
4. I. Procedure for return/ despatch of dishonoured cheques:
(i) The paying bank should return dishonoured cheques presented through clearing houses strictly as per the return discipline prescribed for respective clearing house in terms of Uniform Regulations And Rules for Bankers' Clearing Houses. The collecting bank on receipt of such dishonoured cheques should despatch it immediately to the payees / holders.
(ii) In relation to cheques presented direct to the paying bank for settlement of transaction by way of transfer between two accounts with that bank, it should return such dishonoured cheques to payees/ holders immediately.
(iii) Cheques dishonoured for want of funds in respect of all accounts should be returned along with a memo indicating therein the reason for dishonour as "insufficient funds."
4.II Information on dishonoured cheques:
(i) Data in respect of each dishonoured cheque for amount of Rs.1 crore and above should be made part of bank's MIS on constituents and concerned branches should report such data to their respective controlling office / Head Office.
(ii) Data in respect of cheques drawn in favour of stock exchanges and dishonoured should be consolidated separately by banks irrespective of the value of such cheques as a part of their MIS relating to broker entities, and be reported to their respective Head Offices / Central Offices.
4.III Dealing with incidence of frequent dishonour:
(i) With a view to enforce financial discipline among the customers, banks should introduce a condition for operation of accounts with cheque facility that in the event of dishonour of a cheque valuing rupees one crore and above drawn on a particular account of the drawer on four occasions during the financial year for want of sufficient funds in the account, no fresh cheque book would be issued. Also, the bank may consider closing current account at its discretion. However, in respect of advances accounts such as cash credit account, overdraft account, the need for continuance or otherwise of these credit facilities and the cheque facility relating to these accounts should be reviewed by appropriate authority higher than the sanctioning authority.
(ii) For the purposes of introduction of the condition mentioned at (i) above in relation to operation of the existing accounts, banks may, at the time of issuing new cheque book, issue a letter advising the constituents of the new condition.
(iii) If a cheque is dishonoured for a third time on a particular account of the drawer during the financial year, banks should issue a cautionary advice to the concerned constituent drawing his attention to aforesaid condition and consequential stoppage of cheque facility in the event of cheque being dishonoured on fourth occasion on the same account during the financial year. Similar cautionary advice may be issued if a bank intends to close the account.
4.IV General:
(i) For the purpose of adducing evidence to prove the fact of dishonour of cheque on behalf of a complainant (i.e. payee / holder of a dishonoured cheque) in any proceeding relating to dishonoured cheque before a court, consumer forum or any other competent authority, banks should extend full co-operation, and should furnish him/her documentary proof of fact of dishonour of cheques.
(ii) Commencing from the first quarter of 2003-04 i.e. quarter ending June 2003, banks should place before their Audit/ Management Committee, every quarter, consolidated data in respect of the matters referred to at II above;
5. Banks are also advised to adopt, with the approval of their respective Boards, appropriate procedure for dealing with dishonoured cheques with inherent preventive measures and checks to prevent any scope for collusion of the staff of the bank or any other person, with the drawer of the cheque for causing delay in or withholding the communication of the fact of dishonour of the cheque to the payee/ holder or the return of such dishonoured cheque to him. Banks should also lay down requisite internal guidelines for their officers and staff and advise them to adhere to such guidelines and ensure strict compliance thereof to achieve aforesaid object of effective communication and delivery of dishonoured cheque to the payee.
6. Please acknowledge receipt.
Yours faithfully,
Sd/-
(C.R.Muralidharan)
Chief General Manager
*************
Customer Service in Regional Rural Banks
RBI/2013-14/589
RPCD.CO.RRB.BC.No. 100/03.05.33/2013-14
May 12, 2014
The Chairmen
All Regional Rural Banks
Dear Sir,
Customer Service in Regional Rural Banks
Customer service has great significance in the banking industry. The banking system in India today has perhaps the largest outreach for delivery of financial services and is also serving as an important conduit for delivery of financial services. While the coverage has been expanding day by day, the quality and content of dispensation of customer service has come under tremendous pressure mainly owing to the failure to handle the soaring demands and expectations of the customers.
2. Reserve Bank, as the regulator of Regional Rural Banks (RRBs), has been actively engaged from the very beginning in the review, examination and evaluation of customer service in RRBs by means of various guidelines issued from time to time to the RRBs. On review it is felt necessary to issue additional instructions to RRBs on other areas of customer service aligning with those issued to Scheduled Commercial Banks. These guidelines would be required to be complied by RRBs in addition to instructions already issued on Customer Service from time to time.
The additional guidelines are given in Annex.
3. Please acknowledge receipt to our Regional Offices concerned.
Yours faithfully,
(A. Udgata)
Principal Chief General Manager
**********
Annex
Customer Service in Regional Rural Banks
1.
Introduction
Reserve Bank, as the regulator of the banking sector, has been actively
engaged from the very beginning in the review, examination and evaluation of
customer service in banks. It has constantly brought into sharp focus the
inadequacy in banking services available to the common person and the need to
benchmark the current level of service, review the progress periodically,
enhance the timeliness and quality, rationalize the processes taking into
account technological developments, and suggest appropriate incentives to
facilitate change on an ongoing basis through instructions / guidelines.
Depositors'
interest forms the focal point of the regulatory framework for banking in
India.
Broadly, a
customer can be defined as a user or a potential user of bank services. So
defined, a ‘Customer’ may include:
• a person or
entity that maintains an account and/or has a business relationship with the
bank;
• one on whose
behalf the account is maintained (i.e. the beneficial owner);
• beneficiaries
of transactions conducted by professional intermediaries, such as Stock
Brokers, Chartered Accountants, Solicitors, etc., as permitted under the law;
and
• any person or
entity connected with a financial transaction which can pose significant
reputational or other risks to the bank, say, a wire transfer or issue of a
high value demand draft as a single transaction.
1.1
General
Policy
for general management of the branches
RRBs systems
should be oriented towards providing better customer service and they should
periodically study their systems and their impact on customer service. Banks
should have a Board approved policy for general management of the branches
which may include the following aspects:-
(a)
providing infrastructure facilities by branches by bestowing particular
attention to providing adequate space, proper furniture, drinking water
facilities, with specific emphasis on pensioners, senior citizens, disabled
persons, etc.
(b)
providing entirely separate enquiry counters at their large / bigger branches
in addition to a regular reception counter.
(c) displaying
indicator boards at all the counters in English, Hindi as well as in the
concerned regional language. Business posters at semi-urban and rural branches
of banks should also be in the concerned regional languages.
(d) posting
roving officials to ensure employees' response to customers and for helping out
customers in putting in their transactions.
(e)
providing customers with booklets consisting of all details of service and
facilities available at the bank in Hindi, English and the concerned regional languages.
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(f) use of Hindi and regional
languages in transacting business by banks with customers, including
communications to customers.
(g)
reviewing and improving upon the existing security system in branches so as to
instil confidence amongst the employees and the public.
(h)
wearing on person an identification badge displaying photo and name thereon by
the employees.
(i)
periodic change of desk and entrustment of elementary supervisory jobs.
(j)
suitable training of staff to inculcate customer service orientation.
(k)
visit by senior officials from Regional Offices and Head Office to branches at
periodical intervals for on the spot study of the quality of service rendered
by the branches.
(l)
rewarding the best branches from customer service point of view by annual
awards/running shield.
(m)
Customer service audit, Customer surveys.
(n)
holding Customer relation programmes and periodical meetings to interact with
different cross sections of customers for identifying action points to upgrade
the customer service with customers.
(o)
clearly establishing a New Product and Services Approval Process which should
require approval by the Board especially on issues which compromise the rights
of the Common Person.
(p)
appointing Quality Assurance Officers who will ensure that the intent of policy
is translated into the content and its eventual translation into proper
procedures.
2. Customer Service: Institutional Framework
Need for Board's involvement
Matters
relating to customer service should be deliberated by the Board to ensure that
the instructions are implemented meaningfully. Commitment to hassle-free
service to the customer at large and the Common Person in particular under the
oversight of the Board should be the major responsibility of the Board.
2.1 Customer Service Committee of the Board
RRBs
are required to constitute a Customer Service Committee of the Board and
include experts and representatives of customers as invitees to enable the bank
to formulate policies and assess the compliance thereof internally with a view
to strengthening the corporate governance structure in the banking system and
also to bring about ongoing improvements in the quality of customer service
provided by the RRBs.
2.1.1 Role of the Customer Service Committee
Customer
Service Committee of the Board, illustratively, could address the following:-
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• formulation of a Comprehensive
Deposit Policy;
• issues such as the treatment of death of a depositor for
operations of his account;
• product approval process with a view to suitability and
appropriateness;
• annual survey of depositor satisfaction;
• tri-enniel audit of such services.
Besides,
the Committee could also examine any other issues having a bearing on the
quality of customer service rendered.
2.1.2 Monitoring the implementation of awards under the
Banking Ombudsman Scheme
The
Committee should also play a more pro-active role with regard to complaints /
grievances resolved by Banking Ombudsmen.
The
Scheme of Banking Ombudsman was introduced with the object of enabling
resolution of complaints relating to provision of banking services and
resolving disputes between a bank and its constituent through the process of
conciliation, mediation and arbitration in respect of deficiencies in customer
service. After detailed examination of the complaints / grievances of customers
of banks and after perusal of the comments of banks, the Banking Ombudsmen
issue their awards in respect of individual complaints to redress the
grievances. Banks should ensure that the Awards of the Banking Ombudsmen are
implemented expeditiously and with active involvement of Top Management.
Further,
with a view to enhancing the effectiveness of the Customer Service Committee,
banks should also :
a)
place all the awards given by the Banking Ombudsman before the Customer Service
Committee to enable them to address issues of systemic deficiencies existing in
RRBs, if any, brought out by the awards; and
b)
place all the awards remaining unimplemented for more than three months with
the reasons therefor before the Customer Service Committee to enable the
Customer Service Committee to report to the Board such delays in implementation
without valid reasons and for initiating necessary remedial action.
2.1.3 Board Meeting to Review and Deliberate on Customer
Service
RRBs
are advised to review customer service / customer care aspects in the RRB and
submit a detailed memorandum in this regard to the Board of Directors, once
every six months and initiate prompt corrective action wherever service quality
/ skill gaps have been noticed.
2.2 Standing Committee on Customer Service
The
Committee on Procedures and Performance Audit of Public Services (CPPAPS)
observed that there should be a dedicated focal point for customer service in
banks, which should have sufficient powers to evaluate the functioning in
various departments and recommended the setting up Standing Committees on
Customer Service. Thus, RRBs are required to constitute a Standing Committee on
customer service.
The
Standing Committee cutting across various departments can serve as the micro
level executive committee driving the implementation process and providing
relevant feedback while the Customer Service Committee of the Board would
oversee and review / modify the initiatives. Thus the two Committees would be
mutually reinforcing with one feeding into the other.
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The constitution and functions of the
Standing Committee may be on the lines indicated below :-
(i)
The Standing Committee may be chaired by the Chairman and include non-officials
as its members to enable an independent feedback on the quality of customer
service rendered by the bank.
(ii)
The Standing Committee may be entrusted not only with the task of ensuring
timely and effective compliance of the RBI instructions on customer service,
but also that of receiving the necessary feedback to determine that the action
taken by various departments of the RRB is in tune with the spirit and intent
of such instructions.
(iii)
The Standing Committee may review the practice and procedures prevalent in the
RRB and take necessary corrective action, on an ongoing basis as the intent is
translated into action only through procedures and practices.
(iv)
A brief report on the performance of the Standing Committee during its tenure
indicating, inter alia, the areas reviewed, procedures / practices identified
and simplified / introduced may be submitted periodically to the Customer
Service Committee of the Board.
The
Standing Committee will act as the bridge between the various departments of
the RRB and the Board / Customer Service Committee of the Board.
2.3 Branch Level Customer Service Committees
RRBs
are advised to establish Customer Service Committees at branch level. In order
to encourage a formal channel of communication between the customers and the
bank at the branch level, RRBs should take necessary steps for strengthening
the branch level committees with greater involvement of customers. It is
desirable that branch level committees include their customers too. Further, as
senior citizens usually form an important constituent in banks, a senior citizen
may preferably be included therein. The Branch Level Customer Service Committee
may meet at least once a month to study complaints / suggestions, cases of
delay, difficulties faced / reported by customers / members of the Committee
and evolve ways and means of improving customer service.
The
branch level committees may also submit quarterly reports giving inputs /
suggestions to the Standing Committee on Customer Service thus enabling the
Standing Committee to examine them and provide relevant feedback to the
Customer Service Committee of the Board for necessary policy / procedural
action.
2.4 Nodal department / official for customer service
Each
RRB is expected to have a nodal department / official for customer service in
the HO and each Regional Office, with whom customers with grievances can
approach in the first instance and with whom the Banking Ombudsman and RBI can
liaise.
3. Board approved policies on Customer Service
Customer
service should be projected as a priority objective of banks along with profit,
growth and fulfillment of social obligations. RRBs should have a Board approved
policy for the following:
3.1 Comprehensive Deposit Policy
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RRBs should formulate a transparent
and comprehensive policy setting out the rights of the depositors in general
and small depositors in particular. The policy would also be required to cover
all aspects of operations of deposit accounts, charges leviable and other
related issues to facilitate interaction of depositors at branch levels. Such a
policy should also be explicit in regard to secrecy and confidentiality of the
customers. Providing other facilities by "tying-up" with placement of
deposits is clearly a restrictive practice.
3.2 Cheque
Collection Policy
RRBs
should formulate a comprehensive and transparent Cheque Collection Policy based
on the principles given in para. 3.2.1. Broadly the policy should cover the
following three aspects:
• Immediate
Credit for Local / Outstation cheques
• Time
frame for Collection of Local / Outstation instruments
• Interest
payment for delayed collection
3.2.1 Broad Principles on cheque collection
policy
(i)
RRBs should formulate a comprehensive and transparent policy taking into
account their technological capabilities, systems and processes adopted for
clearing arrangements and other internal arrangements for collection through
correspondents.
(ii)
Further, they may also review their existing arrangements and capabilities and
work out a scheme for reduction in collection period.
(iii)
Adequate care also may be taken to ensure that the interests of the small
depositors are fully protected.
(iv)
The policy framed in this regard should be integrated with the deposit policy
formulated by the RRB in line with the IBA's model deposit policy.
(v)
The policy should clearly lay down the liability of the RRB by way of interest
payments due to delays for non-compliance with the standards set by the banks
themselves.
(vi)
Compensation by way of interest payment, where necessary, should be made
without any claim from the customer.
The
policy should be placed before the Board of the RRB and the Board's specific
approval should be obtained on the reasonableness of the policy and the
compliance with the spirit of RRB’s guidelines.
3.3 Customer Compensation Policy
RRBs
must have a well documented Customer Compensation Policy duly approved by their
Boards. The policy should, at a minimum, incorporate the following aspects:-
(a)
Erroneous debits arising on fraudulent or other transactions;
(b)
Payment of interest for delays in collection;
(c)
Payment of interest for delay in issue of duplicate draft;
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(d) Other unauthorised actions of the
RRB leading to a financial loss to the customer.
3.4 Customer Grievance Redressal Policy
RRBs
must have a well documented Customer Grievance Redressal Policy duly approved
by their Boards. The Policy should be framed based on the broad principles
enumerated in paragraph 13 of this Circular.
3.5 Giving publicity to the policies
(i)
RRBs should ensure that wide publicity is given to the above policies
formulated by them by placing them prominently on the web-site and also
otherwise widely disseminating the policies such as, displaying them on the
notice board in their branches.
(ii)
The customers should be clearly apprised of the assurances of the bank on the
services on these aspects at the time of establishment of the initial
relationship be it as a depositor, borrower or otherwise.
(iii)
Further, they may also take necessary steps to keep the customers duly informed
of the changes in the policies formulated by them from time to time.
4. Opening / Operation of Deposit Accounts
4.1 Customer Identification Procedure for individual accounts
RRBs
should be generally guided by RBI instructions on KYC / AML for opening of
accounts.
4.2 Savings Bank Rules
If
RRBs are issuing statement of accounts in lieu of pass books, the Savings Bank
Rules must be annexed as a tear-off portion to the account opening form so that
the account holder can retain the rules.
4.3 Photographs of depositors
RRBs
should obtain and keep on record photographs of all depositors / account
holders in respect of accounts opened by them subject to the following
clarifications:
(i)
The instructions cover all types of deposits including fixed, recurring,
cumulative, etc.
(ii)
Instructions apply to all categories of depositors, whether resident or
non-resident. Only banks, Local Authorities and Government Departments
(excluding public sector undertakings or quasi-Government bodies) will be
exempt from the requirement of photographs.
(iii)
RRBs may not insist on photographs in case of accounts of staff members only
(Single / Joint).
(iv)
RRBs should obtain photographs of all persons authorised to operate the accounts
viz., Savings Bank and Current Accounts without exception.
(v)
RRBs should also obtain photographs of the ' Pardanishin' women.
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(vi) RRBs may obtain two copies of
photographs and obtaining photocopies of driving licence/passport containing
photographs in place of photographs would not suffice.
(vii)
RRBs should not ordinarily insist on the presence of account holder for making
cash withdrawals in case of 'self' or 'bearer' cheques unless the circumstances
so warrant. RRBs should pay 'self' or 'bearer' cheques taking usual
precautions.
(viii)
Photographs cannot be a substitute for specimen signatures.
(ix)
Only one set of photographs need be obtained and separate photographs should
not be obtained for each category of deposit. The applications for different
types of deposit accounts should be properly referenced.
(x)
Fresh photographs need not be obtained when an additional account is desired to
be opened by the account holder.
(xi)
In the case of operative accounts, viz. Savings Bank and Current accounts,
photographs of persons authorised to operate them should be obtained. In case
of other deposits, viz., Fixed, Recurring, Cumulative, etc., photographs of all
depositors in whose names the deposit receipt stands may be obtained except in
the case of deposits in the name of minors where guardians' photographs should
be obtained.
4.4 Minimum balance in savings bank accounts
At
the time of opening the accounts, RRBs should inform their customers in a
transparent manner the requirement of maintaining minimum balance and levying
of charges, etc., if the minimum balance is not maintained. Any charge levied
subsequently should be transparently made known to all depositors in advance
with one month’s notice. RRBs should inform, at least one month in advance, the
existing account holders of any change in the prescribed minimum balance and
the charges that may be levied if the prescribed minimum balance is not
maintained.
4.5 Purchase of Local Cheques, Drafts, etc., during
suspension of Clearing
There
may be occasions when Clearing House operations may have to be temporarily
suspended for reasons beyond the control of the authorities concerned. Such
suspension entails hardship to the constituents of the RRBs because of their
inability to realize promptly the proceeds of cheques, drafts, etc., drawn on
the local banks other than those with whom they maintain accounts. Some
remedial action has to be taken during such contingencies to minimise, as far
as possible, the inconvenience and hardship to RRBs' constituents as also to
maintain good customer service. Thus, whenever clearing is suspended and it is
apprehended that the suspension may be prolonged, RRBs may temporarily
accommodate their constituents, both borrowers and depositors, to the extent
possible by purchasing the local cheques, drafts, etc., deposited in their
accounts for collection, special consideration being shown in respect of
cheques drawn by Government departments/companies of good standing and repute,
as also demand drafts drawn on local banks. While extending this facility, RRBs
would no doubt take into consideration such factors as creditworthiness,
integrity, past dealings and occupation of the constituents, so as to guard
themselves against any possibility of such instruments being dishonoured
subsequently.
4.6 Statement of Accounts / Passbooks
4.6.1 Updating passbooks
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(i) Customers may be made aware of
the need on their part to get the pass-books updated regularly and employees
may be advised to attach importance to this area.
(ii)
Wherever pass-books are held back for updating, because of large number of
entries, paper tokens indicating the date of its receipt and also the date when
it is to be collected should be issued.
(iii)
It is sometimes observed that customers submit their passbooks for updation
after a very long time. In addition to the instructions printed in the
passbook, whenever a passbook is tendered for posting after a long interval of
time or after very large number of transactions, a printed slip requesting the depositor
to tender it periodically should be given.
4.6.2 Entries in passbooks / statement of accounts
(i)
RRBs should give constant attention to ensure entry of correct and legible
particulars in the pass books and statement of accounts.
(ii)
RRBs often show the entries in depositors' passbooks / statements of accounts,
as "by clearing" or "by cheque". Further, it is observed
that in the case of Electronic Clearing System (ECS) and RBI Electronic Fund
Transfer (RBIEFT), banks generally do not provide any details even though brief
particulars of the remittance are provided by the receiving bank. In some
cases, computerized entries use codes which just cannot be deciphered. With a
view to avoiding inconvenience to depositors, RRBs should avoid such inscrutable
entries in passbooks / statement of accounts and ensure that brief,
intelligible particulars are invariably entered in passbooks / statement of
account.
4.6.3 Maintenance of savings bank pass books: precautions
Negligence
in taking adequate care in the custody of savings bank pass books facilitates
fraudulent withdrawals from the relative accounts. A few precautions in this
regard are given below:
(i)
Branches should accept the pass books and return them against tokens.
(ii)
Pass books remaining with the branches should be held in due custody.
(iii)
While remaining with the branch, pass books should be held under lock and key
overnight.
4.6.4 Providing monthly statement of accounts
(i)
Banks may ensure that they adhere to the monthly periodicity while sending
statement of accounts.
(ii)
The statements of accounts for current account holders may be sent to the
account holders in a staggered manner instead of sending by a target date every
month. The customers may be informed about staggering of the preparation of
these statements.
(iii)
Further, RRBs should advise their Inspecting Officers to carry out sample check
at the time of internal inspection of branches to verify whether the statements
are being despatched in time.
4.7 Issue
of Cheque Books
4.7.1
Issuing large number of cheque books
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RRBs may issue cheque books with
larger number of (20/25) leaves if a customer demands the same and also ensure
that adequate stocks of such cheque books (20/25 leaves) are maintained with
all the branches to meet the requirements of the customers.
RRBs
should take appropriate care while issuing large number of cheque books. It
should be done in consultation with the Regional Office of the bank.
4.7.2 Writing the cheques in any language
All
cheque forms should be printed in Hindi and English. The customer may, however,
write cheques in Hindi, English or in the concerned regional language.
4.7.3 Dispatching the cheque book by courier
The
procedure of disallowing depositors to collect the cheque book at the branch
and insisting on dispatching the cheque book by courier after forcibly
obtaining a declaration from the depositor that a dispatch by the courier is at
depositor's risk is an unfair practice. RRBs should refrain from obtaining such
undertakings from depositors and ensure that cheque books are delivered over
the counters on request to the depositors or his authorized representative.
4.7.4 Acceptance of cheques bearing a date as per National
Calendar (Saka Samvat) for payment
Government
of India has accepted Saka Samvat as National Calendar with effect from 22
March 1957 and all Government statutory orders, notifications, Acts of
Parliament, etc. bear both the dates i.e., Saka Samvat as well as Gregorian
Calendar. An instrument written in Hindi having date as per Saka Samvat
calendar is a valid instrument. Cheques bearing date in Hindi as per the
National Calendar (Saka Samvat) should, therefore, be accepted by RRBs for
payment, if otherwise in order. RRBs can ascertain the Gregorian calendar date
corresponding to the National Saka calendar in order to avoid payment of stale
cheques.
4.8 Term Deposit Account
4.8.1 Issue of term deposit receipt
RRB
should issue term deposit receipt indicating therein full details, such as,
amount, date of issue, period of deposit, due date, applicable rate of
interest, etc.
4.8.2 Transferability of deposit receipts
Term
deposits should be freely transferable from one office of RRB to another.
4.8.3 Disposal of deposits
Advance
instructions from depositors for disposal of deposits on maturity may be
obtained in the application form itself. Wherever such instructions are not
obtained, RRBs should ensure sending of intimation of impending due date of
maturity well in advance to their depositors as a rule in order to extend
better customer service.
4.8.4 Notifying the change in interest rates
Change in interest rate on deposits should be made known to
customers as well as RRB branches expeditiously.
4.8.5
Payment of interest on fixed deposit – Method of calculation of interest
Indian
Banks’ Association (IBA) has issued the Code for Banking Practice. The Code is
intended to promote good banking practices by setting out minimum standards,
which member banks should follow in their dealings with customers. IBA, for the
purpose of calculation of interest on domestic term deposit, has prescribed
that on deposits repayable in less than three months or where the terminal
quarter is incomplete, interest should be paid proportionately for the actual
number of days reckoning the year at 365 days. Some banks are adopting the
method of reckoning the year at 366 days in a Leap year and 365 days in other
years. While RRBs are free to adopt their methodology, they should provide
information to their depositors about the manner of calculation of interest appropriately
while accepting the deposits and display the same at their branches.
4.8.6
Premature withdrawal of term deposit
A RRB, on
request from the depositor, should allow withdrawal of a term deposit before
completion of the period of the deposit agreed upon at the time of making the
deposit. The bank will have the freedom to determine its own penal interest
rate of premature withdrawal of term deposits. The RRB should ensure that the
depositors are made aware of the applicable penal rate along with the deposit
rate. While prematurely closing a deposit, interest on the deposit for the
period that it has remained with the bank will be paid at the rate applicable
to the period for which the deposit remained with the bank and not at the
contracted rate. No interest is payable, where premature withdrawal of deposits
takes place before completion of the minimum period prescribed.
4.8.7
Renewal of Overdue deposits
All aspects
concerning renewal of overdue deposits may be decided by individual RRBs
subject to their Board laying down a transparent policy in this regard and the
customers being notified of the terms and conditions of renewal including
interest rates, at the time of acceptance of deposit. The policy should be
non-discretionary and non-discriminatory.
4.8.8
Addition or deletion of the name/s of joint account holders
A RRB may,
at the request of all the joint account holders, allow the addition or deletion
of name/s of joint account holder/s if the circumstances so warrant or allow an
individual depositor to add the name of another person as a joint account
holder. However, in no case should the amount or duration of the original
deposit undergo a change in any manner in case the deposit is a term deposit.
A RRB may,
at its discretion, and at the request of all the joint account holders of a
deposit receipt, allow the splitting up of the joint deposit, in the name of
each of the joint account holders only, provided that the period and the
aggregate amount of the deposit do not undergo any change.
Note: NRE
deposits should be held jointly with non-residents only. NRO accounts may be
held by non-residents jointly with residents.
4.8.9 Payment of interest on
accounts frozen by RRBs
Banks are at
times required to freeze the accounts of customers based on the orders of the
enforcement authorities. The issue of payment of interest on such frozen
accounts was examined in consultation with Indian Banks’ Association and banks
are advised to follow the
10
procedure detailed below in the case
of Term Deposit Accounts frozen by the enforcement authorities:
(i)
A request letter for renewal of the deposit may be obtained from the customer
on maturity. While obtaining the request letter from the depositor for renewal,
RRBs should also advise him to indicate the term for which the deposit is to be
renewed. In case the depositor does not exercise his option of choosing the
term for renewal, banks may renew the same for a term equal to the original
term.
(ii)
No new receipt is required to be issued. However, suitable note may be made
regarding renewal in the deposit ledger.
(iii)
Renewal of deposit may be advised by registered letter / speed post / courier
service to the concerned Government department under advice to the depositor.
In the advice to the depositor, the rate of interest at which the deposit is
renewed should also be mentioned.
(iv)
If overdue period does not exceed 14 days on the date of receipt of the request
letter, renewal may be done from the date of maturity. If it exceeds 14 days,
RRBs may pay interest for the overdue period as per the policy adopted by them,
and keep it in a separate interest free sub-account which should be released
when the original fixed deposit is released.
Further,
with regard to the savings bank accounts frozen by the Enforcement authorities,
RRBs may continue to credit the interest to the account on a regular basis.
4.9 Acceptance of cash over the counter
Some
RRBs have introduced certain products whereby the customers are not allowed to
deposit cash over the counters and also have incorporated a clause in the terms
and conditions that cash deposits, if any, are required to be done through
ATMs.
Banking,
by definition, means acceptance of deposits of money from the public for the
purpose of lending and investment. As such, RRBs cannot design any product
which is not in tune with the basic tenets of banking. Further, incorporating
such clauses in the terms and conditions which restrict deposit of cash over
the counters also amounts to an unfair practice.
RRBs
are, therefore, advised to ensure that their branches invariably accept cash
over the counters from all their customers who desire to deposit cash at the
counters. Further, they are also advised to refrain from incorporating clauses
in the terms and conditions which restrict deposit of cash over the counters.
4.10 Opening accounts in the name of minors with Mothers as
guardians
Considerable
difficulty was experienced by women customers in opening bank accounts in the
names of minors, with mothers as their guardians. Presumably, RRBs were
reluctant to accept the mother as a guardian of a minor, while father is alive
in view of section 6 of the Hindu Minority and Guardianship Act, 1956, which
stipulates that the father alone should be deemed to be the guardian in such
case. To overcome this legal difficulty and to enable the banks to open freely
such accounts in the name of minors under the guardianship of their mothers, it
was suggested in some quarters that the above provisions should be suitably
amended. While it is true that an amendment of the above Act may overcome the
difficulty in the case of Hindus, it would not solve the problem for other
communities as minors belonging to Muslim, Christian, Parsi communities would
still be left out unless the laws governing these communities are also likewise
amended.
11
The legal and practical aspects of
the opening of accounts in the name of minors with mothers as guardian had been
examined in consultation with the Government of India and it was advised that
if the idea underlining the demand for allowing mothers to be treated as guardians
relates only to the opening of fixed and savings bank accounts, there would
seem to be no difficulty in meeting the requirements as, notwithstanding the
legal provisions, such accounts could be opened by banks provided they take
adequate safeguards in allowing operations in the accounts by ensuring that the
minors' accounts opened with mothers as guardians are not allowed to be
overdrawn and that they always remain in credit. In this way, the minors'
capacity to enter into contract would not be a subject matter of dispute. If
this precaution is taken, the banks' interests would be adequately protected.
RRBs
are advised to instruct their branches to allow minors' accounts (fixed,
savings and recurring only) with mothers as guardians to be opened, whenever
such requests are received by them, subject to the safeguards mentioned above.
4.11 Opening of Current Accounts – Need for discipline
(i)
Keeping in view the importance of credit discipline for reduction in NPA level
of RRBs, they should, at the time of opening current accounts, insist on a
declaration to the effect that the account holder is not enjoying any credit
facility with any other bank. RRBs should scrupulously ensure that their
branches do not open current accounts of entities which enjoy credit facilities
(fund based or non-fund based) from the banking system without specifically
obtaining a No-Objection Certificate from the lending bank(s). RRBs should note
that non-adherence to the above discipline could be perceived to be abetting
the siphoning of funds and such violations which are either reported to RBI or
noticed during NABARD inspection would make the concerned banks liable for
penalty under Banking Regulation Act, 1949.
(ii)
RRBs may open current accounts of prospective customers in case no response is
received from the existing bankers after a minimum waiting period of a
fortnight. If a response is received within a fortnight, RRBs should assess the
situation with reference to information provided on the prospective customer by
the bank concerned and are not required to solicit a formal no objection,
consistent with true freedom to the customer of banks as well as needed due
diligence on the customer by the RRB.
(iii)
In case of a prospective customer who is a corporate or large borrower enjoying
credit facilities from more than one bank, the RRBs should exercise due
diligence and inform the consortium leader, if under consortium, and the
concerned banks, if under multiple banking arrangement.
5. Service at the counters
5.1 Banking hours / working days of RRB branches
RRBs
should normally function for public transactions at least for 4 hours on week
days and 2 hours on Saturdays in the larger interest of public and trading
community. Extension counters, Satellite Offices, one man offices or other
special class of branches may remain open for such shorter hours as may be
considered necessary.
5.2 Commencement / Extension of working hours
Commencement
of employees’ working hours 15 minutes before commencement of business hours
could be made operative by RRBs at branches in metropolitan and urban centres.
The
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RRBs should implement the
recommendation taking into account the provisions of the local Shops and
Establishments Act.
The
branch managers and other supervising officials should, however, ensure that
the members of the staff are available at their respective counters right from
the commencement of banking hours and throughout the prescribed business hours
so that there may not be any grounds for customers to make complaints.
RRBs
should ensure that no counter remains unattended during the business hours and
uninterrupted service is rendered to the customers. Further, the RRBs should
allocate the work in such a way that no Teller counter is closed during the
banking hours at their branches.
All
the customers entering the banking hall before the close of business hours
should be attended to.
5.3 Extended business hours for non-cash banking transactions
RRBs
should extend business hours for banking transactions other than cash, up till
one hour before close of the working hours.
The
following non-cash transactions should be undertaken by banks during the
extended hours, i.e., up to one hour before the close of working hours:
(a) Non-voucher generating transactions :
i. Issue of pass books/statement of
accounts;
ii. Issue of cheque books;
iii. Delivery of term deposit
receipts/drafts;
iv. Acceptance of share application
forms;
v. Acceptance of clearing cheques;
vi. Acceptance of bills for
collection.
(b) Voucher generating transactions:
i. Issue of term deposit receipts;
ii. Acceptance of cheques for locker
rent due;
iii. Issue of travellers cheques;
iv. Issue of gift cheques;
v. Acceptance of individual cheques
for transfer credit.
Such
non-cash transactions to be done during the extended business hours should be
notified adequately for information of the customers.
RRBs
can have evening counters at the premises of existing branches in urban/metropolitan
centres for providing facilities to the public beyond the normal hours of
business so as to bring about improvement in customer service. It is necessary
that in such cases the transactions conducted during such extended hours of
business are merged with the main accounts of the branch where it is decided to
provide the aforesaid facilities.
The
concerned RRBs should give to their constituents due notice about the functions
to be undertaken during the extended banking hours through local newspapers, as
also by displaying a notice on the notice board at the branch(es) concerned.
Further, as and when the hours of
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business of any of the branches are
extended, the concerned clearing house should be informed.
6. Guidance to Customers and Disclosure of Information
6.1 Assistance/guidance to customers
All
branches, except very small branches should have “Enquiry” or “May I Help You”
counters either exclusively or combined with other duties, located near the
entry point of the banking hall.
6.2 Display of time norms
Time
norms for specialised business transactions should be displayed predominantly
in the banking hall.
6.3 Display of information by RRBs – Comprehensive Notice
Board
The
display of information by RRBs in their branches is one of the modes of
imparting financial education. This display enables customers to take informed
decision regarding products and services of the bank and be aware of their
rights as also the obligations of the banks to provide certain essential
services. It also disseminates information on public grievance redressal
mechanism and enhances the quality of customer service in RRBs and improves the
level of customer satisfaction.
Further,
in order to promote transparency in the operations of RRBs, various instructions
have been given by RBI to RRBs towards display of various key aspects such as
service charges, interest rates, services offered, product information, time
norms for various banking transactions and grievance redressal mechanism.
However, it was observed that many RRBs were not displaying the required
information due to space constraints, lack of standardization of the
instructions, etc.
Keeping
in view the need for maintaining a good ambience at the branches as also space
constraints, an Internal Working Group in RBI revisited all the existing
instructions relating to display boards by banks so as to rationalize them.
Based on the recommendations of the Working Group, the following instructions
may be followed by RRBs:
6.3.1 Notice Boards
The
Group felt that rationalization of the existing instructions could be best
achieved if the instructions were clubbed on certain categories such as
‘customer service information', 'service charges', 'grievance redressal' and
'others'. At the same time, the Group felt that there may not be any need to
place detailed information in the Notice Board and only the important aspects
or 'indicators' to the information be placed.
Accordingly,
the existing mandatory instructions have been broadly grouped into four categories
mentioned above and given in a Comprehensive Notice Board which has been
formulated by the above Group. The format of the Comprehensive Notice Board is
given in the Annex - I. The minimum size of the Board may be 2 feet by 2
feet as Board of such a size would facilitate comfortable viewing from a
distance of 3 to 5 meters. RRBs are advised to display the information in the
Notice Boards of their Branches as per the format given for the Comprehensive
Notice Board.
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While displaying the information in
the notice board, RRBs may also adhere to the following principles:
a. The notice board may be updated on
a periodical basis and the board should indicate the date up to which the board
was updated (incorporated in the display board).
b. Though the pattern, colour and
design of the board is left to the discretion of the RRBs, yet the display must
be simple and readable.
c. The language requirements (i.e.,
bilingual in Hindi speaking states and trilingual in other states) may be taken
into account.
d. The notice board shall
specifically indicate wherever recent changes have been done. For instance, if
there is a recent change in the Micro and Small loan products offered by the
RRB, the information on the Micro and Small loan products may be displayed as
'We offer Micro and Small loans/products ( changed on ……….)’.
e. The notice board may also indicate
a list of items on which detailed information is available in booklet form.
Further,
in addition to the above Board, the RRBs should also display details such as
‘Name of the bank / branch, Working Days, Working Hours and Weekly Off-days'
outside the branch premises.
6.3.2 Booklets/Brochures:
The
detailed information as indicated in Para (E) of Annex I may be made available
in various booklets / brochures as decided by the RRB. These booklets /
brochures may be kept in a separate file / folder in the form of ‘replaceable
pages’ so as to facilitate copying and updation. In this connection, RRBs may
also adhere to the following broad guidelines:
• The file / folder may be kept at the customer lobby in the
branch or at the ‘May I Help You‘ counter or at a place that is frequented by
most of the customers.
• The language requirements (i.e. bilingual in Hindi speaking
states and trilingual in other states) may be taken into account.
• While printing the booklets it may be ensured that the font
size is minimum Arial 10 so that the customers are able to easily read the
same.
• Copies of booklets may be made available to the customers on
request.
6.3.3 Website
The
detailed information as indicated in Para (E) of Annex I may also be made
available on the RRB’s web-site. RRBs should adhere to the broad guidelines
relating to dating of material, legibility, etc., while placing the same on
their websites. In this context, RRBs are also advised to ensure that the
customers are able to easily access the relevant information from the Home Page
of the RRB’s web-sites. Further, there is certain information relating to
service charges and fee and grievance redressal that is to be posted
compulsorily on the websites of the bank.
6.3.4 Other modes of display
RRBs
may also consider displaying all the information that has to be given in the
booklet form in the touch screen by placing them in the information kiosks.
Scroll Bars, Tag Boards are other options available. The above broad guidelines
may be adhered to while displaying information using these modes.
6.3.5 Other issues
15
RRBs are free to decide on their
promotional and product information displays. However, the mandatory displays
may not be obstructed in anyway. As customer interest and financial education
are sought to be achieved by the mandatory display requirements, they should
also be given priority over the other display boards. Information relating to
Government sponsored schemes as applicable location-wise may be displayed
according to their applicability.
6.4 Display of information relating to the Interest Rates and
Service Charges – Rates at a quick glance
A
format has been devised by Reserve Bank for display of information relating to
the interest rates and service charges which would enable the customer to
obtain the desired information at a quick glance. The format is given in Annex
II. RRBs are advised to display the information as per the format given in Annex
II on their web-sites. RRBs are however free to modify the format to suit
their requirements, without impairing the basic structure or curtailing the
scope of disclosures.
RRBs
may also ensure that only latest updated information in the above format is
placed on their web-sites and the same is easily accessible from the Home Page
of their web-sites.
6.5 Disclosure of Information by RRBs in the public domain
Disclosure
of information on products and services on websites is found to be an effective
channel for reaching out to customers and the public at large. Such disclosures
increase transparency in operations and also help to create awareness among
customers about the products and services offered by RRBs. Some of the details,
which could at the minimum, be made available for public viewing through
websites of banks are listed below:-
I. Policy / Guidelines
i. Citizen's Charter
ii. Deposit Policy
iii. Deceased Depositors Policy along
with Nomination Rules
iv. Cheque Collection Policy
v. Fair Practices Code for Lenders
vi. Code for Collection of Dues and
Repossession of Security
II. Complaints
i. Grievance Redressal Mechanism
ii. Information relating to Banking
Ombudsmen
III. Opening of Accounts
i. Account Opening Forms
ii. Terms and Conditions
iii. Service Charges for various
types of services – Should cover typical common services including courier
charges – What services are available without any charges.
iv. Interest rates on Deposits
v. Minimum balances – along with
corresponding facilities offered.
IV. Loans and Advances
i. Application forms relating to
loans and advances
16
ii. Copy of blank agreement to be
executed by the borrower
iii. Terms and Conditions
iv. Processing fee and other charges
v. Interest rates on Loans and
Advances
V. Branches
i. Details of the branches along with
addresses and telephone numbers (with search engine for queries relating to the
branch location)
ii. Details of ATMs along with the
addresses
7. Operation of Accounts by Old & Incapacitated Persons
7.1 Types of sick / old / incapacitated account holders
The
cases of sick / old / incapacitated account holders fall into following
categories:
(a)
An account holder who is too ill to sign a cheque / cannot be physically
present in the RRB to withdraw money from his bank account but can put his/her
thumb impression on the cheque/withdrawal form;
(b)
An account holder who is not only unable to be physically present in the RRB
but is also not even able to put his/her thumb impression on the
cheque/withdrawal form due to certain physical incapacity.
7.2 Operational Procedure
With
a view to enabling the old / sick account holders operate their bank accounts,
RRBs may follow the procedure as under:-
(a)
Wherever thumb or toe impression of the sick/old/incapacitated account holder
is obtained, it should be identified by two independent witnesses known to the
RRB, one of whom should be a responsible bank official.
(b)
Where the customer cannot even put his / her thumb impression and also would
not be able to be physically present in the bank, a mark can be obtained on the
cheque / withdrawal form which should be identified by two independent
witnesses, one of whom should be a responsible bank official.
(c)
The customer may also be asked to indicate to the RRB as to who would withdraw
the amount from the bank on the basis of cheque / withdrawal form as obtained
above and that person should be identified by two independent witnesses. The
person who would be actually drawing the money from the RRB should be asked to
furnish his signature to the bank.
7.3 Opinion of IBA in case of a person who can not sign due
to loss of both hands
Opinion
obtained by the Indian Banks’ Association from their consultant on the question
of opening of a bank account of a person who has lost both his hands and could
not sign the cheque / withdrawal form is as under :
“In
terms of the General Clauses Act, the term “Sign” with its grammatical
variations and cognate expressions, shall with reference to a person who is
unable to write his name, include “mark” with its grammatical variations and
cognate expressions. The Supreme Court has held in
17
AIR 1950 – Supreme Court, 265 that
there must be physical contact between the person who is to sign and the
signature can be by means of a mark. This mark can be placed by the person in
any manner. It could be the toe impression, as suggested. It can be by means of
a mark which anybody can put on behalf of the person who has to sign, the mark
being put by an instrument which has had a physical contact with the person who
has to sign”.
8. Display of information regarding Local Level Committees
set up under the National Trust for the Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
In
a case which came up before the High Court of Delhi, the Honorable Court had directed
that all banks should ensure that their branches display in a conspicuous place
(i) essential details about the facilities under the enactment (Mental
Disabilities Act); (ii) the fact that the parties can approach the Local Level
Committees, for the purpose of issuance of the certificate and that the
certificate issued under the Mental Disabilities Act is acceptable; and (iii)
the details of the Local Level Committees in that area. The Court had further
directed that the information shall be displayed in the local language and
English / Hindi (or both). RRBs are advised to strictly comply with the above
orders of the Court.
9.
Remittance
9.1
Remittance of Funds for Value Rs. 50,000/- and above
RRBs
should ensure that any remittance of funds by way of demand drafts/mail
transfers / telegraphic transfers or any other mode and issue of travellers
cheques for value of Rs. 50,000 /- and above is effected only by debit to the
customer’s account or against cheques or other instruments tendered by the purchaser
and not against cash payment. These instructions are extended to retail sale of
gold/silver/platinum. In the current scenario, where the integrity of the
financial system in general and the banking channels in particular is of
paramount importance, breach of these guidelines is a matter of serious
regulatory concern in view of the wide ranging ramifications. Any violation of
these instructions will be viewed seriously.
9.2 Demand Drafts
9.2.1 Issue of Demand Drafts
Measures
seeking to bring down the incidence of frauds perpetrated through bank drafts
should be built into the draft form itself. Necessary changes in system and
procedures to speed up issue and payment of drafts should be taken.
RRBs
should ensure that demand drafts of Rs. 20,000/- and above are issued
invariably with account payee crossing.
All
superscriptions about validity of the demand draft should be provided at the
top of the draft form. A draft should be uniformly valid for a period of three
months and procedure for revalidation after three months should be simplified.
RRBs
should ensure that drafts of small amounts are issued by their branches against
cash to all customers irrespective of the fact whether they are having accounts
with the RRBs or not. RRB's counter staff should not refuse to accept small
denomination notes from the customers (or non customers for issuance of the
drafts).
9.2.2 Encashment of drafts
18
The RRBs should ensure that drafts
drawn on their branches are paid immediately. Payment of draft should not be
refused for the only reason that relative advice has not been received.
9.2.3 Issue of Duplicate Demand Draft
Duplicate
draft, in lieu of lost draft, up to and including Rs. 5,000/- may be issued to
the purchaser on the basis of adequate indemnity and without insistence on
seeking non payment advice from drawee office irrespective of the legal
position obtaining in this regard.
RRBs
should issue duplicate Demand Draft to the customer within a fortnight from the
receipt of such request. Further, for the delay beyond this stipulated period,
RRBs are advised to pay interest at the rate applicable for fixed deposit of
corresponding maturity in order to compensate the customer for such delay. The
period of fortnight prescribed would be applicable only in cases where the
request for duplicate demand draft is made by the purchaser or the beneficiary
and would not be applicable in the case of third party endorsements.
Regarding
the term "customer" used above and whether it would include only
purchaser / beneficiary or also include any holder of the instrument other than
the purchaser or the beneficiary, it is clarified that the above instructions
would be applicable only in cases where the request for duplicate demand draft
is made by the purchaser or the beneficiary and would not be applicable in the
case of draft endorsed to third parties.
10. Collection of Instruments
10.1. Cheques / Instruments lost in transit / in clearing
process /at paying bank's branch
RRBs
are advised to follow the following guidelines regarding cheques lost in
transit : -
(i)
In respect of cheques lost in transit or in the clearing process or at the
paying bank's branch, the RRB should immediately bring the same to the notice
of the accountholder so that accountholder can inform the drawer to record stop
payment and can also take care that other cheques issued by him are not
dishonoured due to non-credit of the amount of the lost cheques / instruments.
(ii)
The onus of such loss lies with the collecting banker and not the accountholder.
(iii)
The RRBs should reimburse the accountholder related expenses for obtaining
duplicate instruments and also interest for reasonable delays occurred in
obtaining the same.
(iv)
If the cheque / instrument has been lost at the paying bank's branch, the
collecting banker should have a right to recover the amount reimbursed to the
customer for the loss of the cheque / instrument from the paying banker.
RRBs
are advised to incorporate the above guidelines in their Cheque Collection
Policies.
10.2 Bills for collection
Bills
for collection including bills discounted required to be collected through
another bank at the realising centre should be forwarded directly by the
forwarding office to the realising office.
10.2.1 Payment of interest for Delays in collection of bills
19
The lodger's bank should pay interest
to the lodger for the delayed period in respect of collection of bills at the
rate of 2% p.a. above the rate of interest payable on balances of Savings Bank
accounts. The delayed period should be reckoned after making allowance for
normal transit period based upon a time frame of 2 days each for (i) Despatch
of bills; (ii) Presentation of bills of drawees (iii) Remittance of proceeds to
the lodger's bank (iv) Crediting the proceeds to drawer's account.
To
the extent the delay is due to the drawee's bank, the lodger's bank may recover
interest for such delay from that bank. The RRBs may suitably revise the format
of their payment advices to incorporate the above information.
11. Dishonour of Cheques – Procedure thereof
11.1 Returning dishonoured cheques
(i)
RRBs are required to implement the recommendation of the Goiporia Committee
that dishonoured instruments are returned / despatched to the customer promptly
without delay, in any case within 24 hours.
(ii)
It is suggested that RRBs may also follow the instructions laid down in
paragraph 12.2 below which could cover all cheques dishonoured on account of
insufficient funds.
11.2 Procedure for return/ despatch of dishonoured cheques
(i)
The paying bank should return dishonoured cheques presented through clearing
houses strictly as per the return discipline prescribed for respective clearing
house in terms of Uniform Regulations And Rules for Bankers' Clearing Houses.
The collecting bank on receipt of such dishonoured cheques should despatch it
immediately to the payees / holders.
(ii)
In relation to cheques presented direct to the paying bank for settlement of
transaction by way of transfer between two accounts with that bank, it should
return such dishonoured cheques to payees/ holders immediately.
(iii)
In case of dishonor / return of cheques, the paying banks should clearly
indicate the return reason code on the return memo / objection slip which
should also bear the signature / initial of the bank officials as prescribed in
Rule 6 of the Uniform Regulations and Rules for Bankers’ Clearing Houses
(URRBCH).
11.3 Information on dishonoured cheques
Data
in respect of each dishonoured cheque for amount of Rs. 1 crore and above
should be made part of RRB's MIS on constituents and concerned branches should
report such data to their respective Regional Office / Head Office.
Data
in respect of cheques drawn in favour of stock exchanges and dishonoured should
be consolidated separately by RRBs irrespective of the value of such cheques as
a part of their MIS relating to broker entities, and be reported to their
respective Head Offices / Central Offices.
11.4 Dealing with incidents of frequent dishonour of
cheques of value Rs. 1 crore and above
(i) With a
view to enforce financial discipline among the customers, RRBs should introduce
a condition for operation of accounts with cheque facility that in the event of
dishonour of a cheque valuing rupees one crore and above drawn on a particular
account of the drawer on four occasions during the financial year for want of
sufficient funds in the account, no fresh cheque book would be issued. Also,
the RRB may consider closing current account at its discretion. However, in
respect of advances accounts such as cash credit account, overdraft account,
the need for continuance or otherwise of these credit facilities and the cheque
facility relating to these accounts should be reviewed by appropriate authority
higher than the sanctioning authority.
(ii) For the
purposes of introduction of the condition mentioned at (i) above in relation to
operation of the existing accounts, RRBs may, at the time of issuing new cheque
book, issue a letter advising the constituents of the new condition.
(iii) If a
cheque is dishonoured for a third time on a particular account of the drawer
during the financial year, RRBs should issue a cautionary advice to the
concerned constituent drawing his attention to aforesaid condition and consequential
stoppage of cheque facility in the event of cheque being dishonoured on fourth
occasion on the same account during the financial year. Similar cautionary
advice may be issued if the RRB intends to close the account.
11.5
Dealing with frequent dishonour of cheques of value of less than Rs. 1 crore
Since
frequent dishonour of cheques of value of less than Rs. 1 crore is also a
matter of concern, it is felt that RRBs need to take appropriate action in
those accounts where such dishonour of cheques occur. Further, it is also felt
that though it may not be necessary to extend all the steps laid down in our
earlier circular to smaller cheques, banks should have their own approach to
deal with recalcitrant customers.
RRBs are
therefore advised to have a Board approved policy for dealing with frequent
dishonour of cheques of value of less than Rs.1 crore. The policy should also
deal with matters relating to frequent dishonour of ECS mandates.
11.6
General
(i) For the
purpose of adducing evidence to prove the fact of dishonour of cheque on behalf
of a complainant (i.e., payee / holder of a dishonoured cheque) in any
proceeding relating to dishonoured cheque before a court, consumer forum or any
other competent authority, RRBs should extend full co-operation, and should
furnish him/her documentary proof of fact of dishonour of cheques.
(ii) RRBs
should place before their Audit / Management Committee, every quarter,
consolidated data in respect of the matters referred to above.
11.7
Framing appropriate procedure for dealing with dishonoured cheques
RRBs are
also advised to adopt, with the approval of their respective Boards,
appropriate procedure for dealing with dishonoured cheques with inherent
preventive measures and checks to prevent any scope for collusion of the staff
of the bank or any other person, with the drawer of the cheque for causing
delay in or withholding the communication of the fact of dishonour of the
cheque to the payee/ holder or the return of such dishonoured cheque to him.
21
RRBs
should also lay down requisite internal guidelines for their officers and
staff. They may be advised to adhere to such guidelines and ensure strict
compliance thereof to achieve aforesaid object of effective communication and
delivery of dishonoured cheque to the payee.
12. Dealing with Complaints and Improving Customer Relations
12.1 Complaints/suggestions box
Complaints/suggestions
box should be provided at each branch of the RRB. Further, at every branches of
the RRB a notice requesting the customers to meet the branch manager may be
displayed regarding grievances, if the grievances remain unredressed.
12.2 Complaint Book/Register
Complaint
book with perforated copies in each set may be introduced, so designed as to
instantly provide an acknowledgement to the customers and intimation to the
Regional Office.
IBA
has, for the sake of uniformity, prepared a format of the complaint book with
adequate number of perforated copies, which are so designed that the
complainant could be given an acknowledged copy instantly. A copy of the
complaint is required to be forwarded to the concerned Regional Office of the
RRB along with the remark of the Branch Manager within a time frame. RRB should
introduce the complaint book as per the above format for uniformity.
RRB
branches should maintain a separate complaints register in the prescribed
format given for entering all the complaints/grievances received by them
directly or through their Head Office/Govt. These registers should be
maintained irrespective of the fact whether a complaint is received or not in
the past.
The
complaints registers maintained by branches should be scrutinised by the
concerned Regional Manager during his periodical visit to the branches and his
observations/comments recorded in the relative visit reports.
RRBs
having computerized operations may adopt the afore-said format and generate
copies electronically.
12.3 Complaint Form
Further,
a complaint form, along with the name of the Nodal Officer for complaint
redressal, may be provided in the homepage of website of bank itself to
facilitate complaint submission by customers. The complaint form should also
indicate that the first point for redressal of complaints is the RRB itself and
that complainants may approach the Banking Ombudsman only if the complaint is
not resolved at the RRB level within a month. Similar information may be
displayed in the boards put up in all the bank branches to indicate the name
and address of the Banking Ombudsman. In addition, the name, address and
telephone numbers of the Controlling Authority of the RRB to whom complaints
can be addressed may also be given prominently.
12.4 Grievance Redressal Mechanism
RRBs
should ensure that a suitable mechanism exists for receiving and addressing
complaints from its customers / constituents with specific emphasis on
resolving such complaints fairly and expeditiously regardless of source of the
complaints.
RRBs
are also advised to:
22
(i)
Ensure that the complaint registers are kept at prominent place in their
branches which would make it possible for the customers to enter their
complaints.
(ii) Have a system of acknowledging the complaints,
where the complaints are received through letters / forms.
(iii) Fix a time frame for resolving the complaints
received at different levels.
(iv) Ensure that redressal of complaints relating to
financial assistance to Priority Sector and Government’s Poverty Alleviation
Programmes also form part of the above process.
(v) Prominently display at the branches, the names of
the officials who can be contacted for redressal of complaints, together with
their direct telephone number, fax number, complete address (not Post Box No.)
and e-mail address, etc., for proper and timely contact by the customers and
for enhancing the effectiveness of the redressal machinery.
(vi) The names of the officials displayed at the
branches who can be contacted for redressal of complaints should also include
the name and other details of the concerned Nodal Officer appointed under the
Banking Ombudsman Scheme, 2006.
(vii) RRBs should display on their web-sites, the
names and other details of the officials at their Head Office / Regional
Offices who can be contacted for redressal of complaints including the names of
the Nodal Officers / Principal Nodal Officers.
(viii) Further, RRBs should also display on their
web-sites, the names and other details of their Chairmen and also other Heads
for various operations to enable their customers to approach them in case of
need, if necessary.
RRBs are also required to disclose the brief details
regarding the number of complaints along with their financial results. This
statement should include all the complaints received at the Head Office /
Controlling Office level as also the complaints received at the branch level.
However, where the complaints are redressed within the next working day, banks
need not include the same in the statement of complaints. This is expected to
serve as an incentive to the RRBs and their branches to redress the complaints
within the next working day.
Where the complaints are not redressed within one
month, the concerned branch / Regional Office should forward a copy of the same
to the concerned Nodal Officer under the Banking Ombudsman Scheme and keep him
updated regarding the status of the complaint. This would enable the Nodal
Officer to deal with any reference received from the Banking Ombudsman
regarding the complaint more effectively. Further, it is also necessary that
the customer is made aware of his rights to approach the concerned Banking
Ombudsman in case he is not satisfied with the bank’s response. As such, in the
final letter sent to the customer regarding redressal of the complaint, banks
should indicate that the complainant can also approach the concerned Banking
Ombudsman. The details of the concerned Banking Ombudsman should also be
included in the letter.
RRBs should give wide publicity to the grievance
redressal machinery through advertisements and also by placing them on their
web sites.
12.4.1
Display of Names of Nodal Officers
With a view to
making the Grievance Redressal Mechanism more effective, in addition to the
instructions mentioned above, RRBs are further advised as under:
23
i) Ensure that the Principal
Nodal Officer appointed under the Banking Ombudsman Scheme is of a sufficiently
senior level.
ii) Contact details including name, complete address,
telephone / fax number, email address, etc., of the Principal Nodal Officer needs
to be prominently displayed in the portal of the bank preferably on the first
page of the web-site so that the aggrieved customer can approach the bank with
a sense of satisfaction that she / he has been attended at a senior level.
iii) Grievance Redressal Mechanism (GRM) should be made
simpler even if it is linked to call centre of customer care unit without
customers facing hassles of proving identity, account details, etc.
iv) Adequate and wider publicity are also required to be
given by the respective financial services provider.
The name and address of the Principal Nodal Officer may also
be forwarded to the Chief General Manager, Customer Service Department, Reserve
Bank of India, Central Office, 1st Floor, Amar Building, Sir P.M.Road,
Mumbai-400 001 (e-mail).
12.5 Review of grievances
redressal machinery
RRBs should critically examine
on an on-going basis as to how Grievances Redressal Machinery is working and
whether the same has been found to be effective in achieving improvement in
customer service in different areas.
RRBs should identify areas in
which the number of complaints is large or on the increase and consider
constituting special squads to look into complaints on the spot in branches
against which there are frequent complaints.
RRBs may consider shifting the
managers/officers of branches having large number of complaints to other
branches/regional offices/departments at Head Offices where contacts with
public may be relatively infrequent.
At larger branches and at such
of the branches where there are a large number of complaints, the RRBs may
consider appointing Public Relations Officers / Liaison Officers for looking
into/mitigating the complaints/grievances of customers expeditiously.
The RRBs may arrange to include
one or two sessions on customer service, public relations etc., in training
programmes conducted in their training establishments.
In cases where the contention
of the complainant has not been accepted, a complete reply should be given to
him to the extent possible.
Grievances / complaints
relating to congestion in the banking premises should be examined by the RRB’s
internal inspectors/auditors on a continuing basis and action taken for
augmentation of space, whenever necessary, keeping in view the availability of larger
accommodation in the same locality at a reasonable rent and other commercial
considerations.
13. Erroneous Debits arising
on fraudulent or other transactions
13.1 Vigilance by banks
24
RRBs have been advised to adhere
to the guidelines and procedures for opening and operating deposit accounts to
safeguard against unscrupulous persons opening accounts mainly to use them as
conduit for fraudulently encashing payment instruments. However, in view of
receipt of continuous complaints of fraudulent encashment by unscrupulous
persons opening deposit accounts in the name/s similar to already established
concern/s resulting in erroneous and unwanted debit of drawers’ accounts, RRBs
should remain vigilant to avoid such lapses and issue necessary instructions to
the branches / staff.
13.2
Compensating the customer
Besides in
cases of the above kind, RRBs also do not restore funds promptly to customers
even in bona-fide cases but defer action till completion of either departmental
action or police interrogation. Therefore,(i) In case of any fraud, if the
branch is convinced that an irregularity / fraud has been committed by its
staff towards any constituent, the branch should at once acknowledge its
liability and pay the just claim; (ii) in cases where RRBs are at fault, they
should compensate customers without demur; and (iii) in cases where neither the
RRB is at fault nor the customer is at fault but the fault lies elsewhere in
the system, then also the RRBs should compensate the customers (up to a limit)
as part of a Board approved customer relations policy.
14.
Extension of Safe Deposit Locker / Safe Custody Article Facility
The Committee
on Procedures and Performance Audit on Public Services (CPPAPS) had made some
recommendations for easy operation of lockers. The following guidelines may be
adhered to in this regard.
14.1
Allotment of Lockers
14.1.1
Linking of Allotment of Lockers to placement of Fixed Deposits
The Committee
on Procedures and Performance Audit of Public Services (CPPAPS) observed that linking
the lockers facility with placement of fixed or any other deposit beyond what
is specifically permitted is a restrictive practice and should be prohibited
forthwith. RBI concurs with the Committee's observations and RRBs are advised
to refrain from such restrictive practices.
14.1.2
Fixed Deposit as Security for Lockers
RRBs may face
situations where the locker-hirer neither operates the locker nor pays rent. To
ensure prompt payment of locker rent, RRBs may at the time of allotment, obtain
a Fixed Deposit which would cover 3 years rent and the charges for breaking
open the locker in case of an eventuality. However, RRBs should not insist on
such Fixed Deposit from the existing locker-hirers.
14.1.3 Wait
List of Lockers
Branches
should maintain a wait list for the purpose of allotment of lockers and ensure
transparency in allotment of lockers. All applications received for allotment
of locker should be acknowledged and given a wait list number.
14.1.4
Providing a copy of the agreement
RRBs should
give a copy of the agreement regarding operation of the locker to the
locker-hirer at the time of allotment of the locker.
25
14.2 Security aspects relating to Safe Deposit Lockers
14.2.1
Operations of Safe Deposit Vaults/Lockers
RRBs should
exercise due care and necessary precaution for the protection of the lockers
provided to the customer. RRBs should review the systems in force for operation
of safe deposit vaults / locker at their branches on an on-going basis and take
necessary steps. The security procedures should be well-documented and the
concerned staff should be properly trained in the procedure. The internal
auditors should ensure that the procedures are strictly adhered to.
14.2.2
Customer due diligence for allotment of lockers / Measures relating to lockers
which have remained unoperated
RRBs should be
aware of the risks involved in renting safe deposit lockers. In this
connection, banks should take following measures:
(i) RRBs
should carry out customer due diligence for both new and existing customers at
least to the levels prescribed for customers classified as medium risk. If the
customer is classified in a higher risk category, customer due diligence as per
KYC norms applicable to such higher risk category should be carried out.
(ii) Where the
lockers have remained unoperated for more than three years for medium risk
category or one year for a higher risk category, RRBs should immediately
contact the locker-hirer and advise him to either operate the locker or
surrender it. This exercise should be carried out even if the locker hirer is
paying the rent regularly. Further, RRBs should ask the locker hirer to give in
writing, the reasons why he / she did not operate the locker. In case the
locker-hirer has some genuine reasons as in the case of NRIs or persons who are
out of town due to a transferable job etc., RRBs may allow the locker hirer to
continue with the locker. In case the locker-hirer does not respond nor operate
the locker, RRBs should consider opening the lockers after giving due notice to
him. In this context, RRBs should incorporate a clause in the locker agreement
that in case the locker remains unoperated for more than one year, the RRB
would have the right to cancel the allotment of the locker and open the locker,
even if the rent is paid regularly.
(iii) RRBs
should have clear procedure drawn up in consultation with their legal advisers
for breaking open the lockers and taking stock of inventory.
14.3
Embossing identification code
RRBs should
ensure that identification Code of the bank / branch is embossed on all the
locker keys with a view to facilitate Authorities in identifying the ownership
of the locker keys.
15.
Nomination Facility
15.1 Legal
Provisions
15.1.1
Provisions in the Banking Regulation Act, 1949
The Banking
Regulation Act, 1949 was amended by Banking Laws (Amendment) Act, 1983 by
introducing new Sections 45ZA to 45ZF, which provide, inter alia, for the
following matters:
a. To enable a banking company to
make payment to the nominee of a deceased depositor, the amount standing to the
credit of the depositor.
26
b. To
enable a banking company to return the articles left by a deceased person in
its safe custody to his nominee, after making an inventory of the articles in
the manner directed by the Reserve Bank.
c. To
enable a banking company to release the contents of a safety locker to the
nominee of the hirer of such locker, in the event of the death of the hirer,
after making an inventory of the contents of the safety locker in the manner
directed by the Reserve Bank.
15.1.2 The Banking Companies (Nomination) Rules, 1985
Since
such nomination has to be made in the prescribed manner, the Central Government
framed, in consultation with the Reserve Bank of India, the Banking Companies
(Nomination) Rules, 1985. These Rules, together with the provision of new
Sections 45ZA to 45ZF of the Banking Regulation Act, 1949 regarding nomination
facilities were brought into force with effect from 1985.
The
Banking Companies (Nomination) Rules, 1985 which are self-explanatory, provide
for:-
(i)
Nomination Forms for deposit accounts, articles kept in safe custody and
contents of safety lockers;
(ii)
Forms for cancellation and variation of the nominations;
(iii)
Registration of Nominations and cancellation and variation of nominations; and
(iv)
Matters related to the above.
15.1.3 Nomination facilities in respect of safe deposit
locker / safe custody articles
(i)
Nomination facilities are available only in the case of individual depositors
and not in respect of persons jointly depositing articles for safe custody.
(ii)
Sections 45ZC to 45ZF of the Banking Regulation Act, 1949 provide for
nomination and release of contents of safety lockers / safe custody article to
the nominee and protection against notice of claims of other persons. Banks
should be guided by the provisions of Sections 45 ZC to 45 ZF of the Banking
Regulation Act, 1949 and the Banking Companies (Nomination) Rules, 1985 and the
relevant provisions of Indian Contract Act and Indian Succession Act.
(iii)
In the matter of returning articles left in safe custody by the deceased
depositor to the nominee or allowing the nominee/s to have access to the locker
and permitting him/them to remove the contents of the locker, the Reserve Bank
of India, in pursuance of Sections 45ZC (3) and 45ZE (4) of the Banking
Regulation Act, 1949 has specified the formats for the purpose.
(iv)
In order to ensure that the amount of deposits, articles left in safe custody
and contents of lockers are returned to the genuine nominee, as also to verify
the proof of death, RRBs may devise their own claim formats or follow the
procedure, if any, suggested by the Indian Banks' Association for the purpose.
(v)
Section 45ZE of the Banking Regulation Act, 1949 does not preclude a minor from
being a nominee for obtaining delivery of the contents of a locker. However,
the responsibility of the banks in such cases is to ensure that when the
contents of a locker were sought to be removed on behalf of the minor nominee,
the articles were handed over to a person who, in law, was competent to receive
the articles on behalf of the minor.
27
(vi) As
regards lockers hired jointly, on the death of any one of the joint hirers, the
contents of the locker are only allowed to be removed jointly by the nominees
and the survivor(s) after an inventory was taken in the prescribed manner. In
such a case, after such removal preceded by an inventory, the nominee and
surviving hirer(s) may still keep the entire contents with the same bank, if
they so desire, by entering into a fresh contract of hiring a locker.
15.2 Separate nomination for savings bank account and pension
account
Nomination
facility is available for Savings Bank Account opened for credit of pension.
Banking Companies (Nomination) Rules, 1985 are distinct from the Arrears of
Pension (Nomination) Rules, 1983 and nomination exercised by the pensioner
under the latter rules for receipt of arrears of pension will not be valid for
the purpose of deposit accounts held by the pensioners with banks for which a
separate nomination is necessary in terms of the Banking Companies (Nomination)
Rules, 1985 in case a pensioner desires to avail of nomination facility.
15.3 Nomination Facility – Certain Clarifications
15.3.1 Nomination facility in respect of deposits
(i)
Nomination facility is intended for individuals including a sole proprietary
concern.
(ii)
Rules stipulate that nomination shall be made only in favour of individuals. As
such, a nominee cannot be an Association, Trust, Society or any other
Organisation or any office-bearer thereof in his official capacity. In view
thereof any nomination other than in favour of an individual will not be valid.
(iii)
There cannot be more than one nominee in respect of a joint deposit account.
(iv)
Banks may allow variation/cancellation of a subsisting nomination by all the
surviving depositor(s) acting together. This is also applicable to deposits
having operating instructions "either or survivor".
(v)
In the case of a joint deposit account the nominee's right arises only after
the death of all the depositors.
(vi)
Witness in Nomination Forms: The Banking Companies (Nomination) Rules, 1985
have been framed in exercise of powers conferred by Section 52 read with
Sections 45ZA, 45ZC and 45ZE of the Banking Regulation Act, 1949. In this
connection, we clarify that for the various Forms (DA1, DA2 and DA3 for Bank
Deposits, Forms SC1, SC2 and SC3 for Articles left in Safe Custody, Forms SL1,
SL1A, SL2, SL3 and SL3A for Safety Lockers) prescribed under Banking Companies
(Nomination) Rules, 1985 only Thumb-impression(s) shall be attested by two
witnesses. Signatures of the account holders need not be attested by witnesses.
(vii)
Nomination in case of Joint Deposit Accounts: It is understood that sometimes
the customers opening joint accounts with or without "Either or
Survivor" mandate, are dissuaded from exercising the nomination facility.
It is clarified that nomination facility is available for joint deposit
accounts also. Banks are, therefore, advised to ensure that their branches
offer nomination facility to all deposit accounts including joint accounts
opened by the customers.
16. Access to the safe deposit lockers / Return of safe
custody articles to
Survivor(s) / Nominee(s) / Legal heir(s)
For dealing with the requests from the nominee(s) of the
deceased locker-hirer / depositors of the safe-custody articles (where such a
nomination had been made) or by the survivor(s) of the
28
deceased
(where the locker / safe custody article was accessible under the survivorship
clause), for access to the contents of the locker / safe custody article on the
death of a locker hirer / depositor of the article, the banks are advised to
adopt generally the foregoing approach, mutatis mutandis, as indicated for the deposit accounts. Detailed guidelines in
this regard are, however, as follows:
16.1 Access to the safe deposit lockers / return of safe
custody articles (with survivor/nominee clause)
16.1.1 If
the sole locker hirer nominates a person, banks should give to such nominee
access of the locker and liberty to remove the contents of the locker in the
event of the death of the sole locker hirer. In case the locker was hired
jointly with the instructions to operate it under joint signatures, and the
locker hirer(s) nominates person(s), in the event of death of any of the locker
hirers, the bank should give access of the locker and the liberty to remove the
contents jointly to the survivor(s) and the nominee(s). In case the locker was
hired jointly with survivorship clause and the hirers instructed that the
access of the locker should be given over to "either or survivor",
"anyone or survivor" or "former or survivor" or according
to any other survivorship clause, banks should follow the mandate in the event
of the death of one or more of the locker-hirers.
16.1.2 However,
banks should take the following precautions before handing over the contents:
(a) Banks should exercise due care and caution in
establishing the identity of the survivor(s) / nominee(s) and the fact of death
of the locker hirer by obtaining appropriate documentary evidence;
(b) Banks should make diligent effort to find out if there is
any order from a competent court restraining the bank from giving access to the
locker of the deceased; and
(c) Banks should make it clear to the survivor(s) /
nominee(s) that access to locker / safe custody articles is given to them only
as a trustee of the legal heirs of the deceased locker hirer i.e., such access
given to him shall not affect the right or claim which any person may have
against the survivor(s) / nominee(s) to whom the access is given. Similar
procedure should be followed for return of articles placed in the safe custody
of the bank. Banks should note that the facility of nomination is not available
in case of deposit of safe custody articles by more than one person.
16.1.3 Banks
should note that since the access given to the survivor(s) / nominee(s),
subject to the foregoing conditions, would constitute a full discharge of the
bank's liability, insistence on production of legal representation is
superfluous and unwarranted and only serves to cause entirely avoidable
inconvenience to the survivor(s) / nominee(s) and would, therefore, invite
serious supervisory disapproval. In such case, therefore, while giving access
to the survivor(s) / nominee(s) of the deceased locker hirer / depositor of the
safe custody articles, the banks should desist from insisting on production of
succession certificate, letter of administration or probate, etc., or obtain
any bond of indemnity or surety from the survivor(s)/nominee(s).
16.2 Access to the safe deposit lockers / return of safe
custody articles (without survivor/nominee clause)
There is an imperative need to avoid inconvenience and undue
hardship to legal heir(s) of the locker hirer(s). In case where the deceased
locker hirer had not made any nomination or where the joint hirers had not
given any mandate that the access may be given to one or more of the survivors
by a clear survivorship clause, banks are advised to adopt a customer-friendly
procedure drawn up in consultation with their legal advisers for giving access
to legal heir(s) / legal representative of the deceased locker hirer.
Similar
procedure should be followed for the articles under safe custody of the bank.
29
16.3 Preparing Inventory
16.3.1
RRBs should prepare an inventory before returning articles left in safe custody
/ before permitting removal of the contents of a safe deposit locker as
specified in Notification DBOD No. Leg. BC. 38 / C-233 A-83 dated March 29,
1985. The inventory shall be in the appropriate Forms set out as enclosed to
the above notification or as near thereto as circumstances require. A copy of
the above Notification is shown as Annex III of this Circular.
16.3.2
RRBs are not required to open sealed/closed packets left with them for safe
custody or found in locker while releasing them to the nominee(s) and surviving
locker hirers / depositor of safe custody article.
16.3.3.
Further, in case the nominee(s) / survivor(s) / legal heir(s) wishes to
continue with the locker, banks may enter into a fresh contract with nominee(s)
/ survivor(s) / legal heir(s) and also adhere to KYC norms in respect of the
nominee(s) / legal heir(s).
17. Transfer of account from one branch to another
17.1
Instructions of a customer for transfer of his account to another office should
be carried out immediately on receipt of, and in accordance with, his
instructions. It should be ensured that along with the balance of the account,
the relative account opening form, specimen signatures, standing instructions,
etc., or the master sheets wherever obtained, are also simultaneously
transferred, under advice to the customer.
17.2
The account transfer form with the enclosures may be handed over to the
customer in a sealed cover if he so desires for delivery at the transferee
office / branch. However, the transferee office should also be separately
supplied with a copy of the account transfer letter.
17.3
When an office receives an enquiry from a customer regarding the receipt of his
account on transfer from another office it should take up the matter with the
transferor office by electronic means, in case it has not received the balance
of the account and/or other related papers even after a reasonable transit
time.
18. Switching banks by customers
RRBs
should ensure that depositors dissatisfied with customer service have the
facility to switch banks and thwarting depositors from such switches would
invite serious adverse action.
19. Co-ordination with officers of Central Board of Direct
Taxes
There
is a need for greater co-ordination between the income-tax department and the
banking system. As such RRBs should extend necessary help/co-ordination to tax
officials whenever required. Further, RRBs will have to view with serious
concern cases where their staff connive/assist in any manner with offences
punishable under the Income Tax Act. In such cases in addition to the normal
criminal action, such staff member should also be proceeded against
departmentally.
20.
Declaration of Holiday under the Negotiable Instruments Act, 1881
In terms of Section 25 of the Negotiable Instruments Act,
1881, the expression "public holiday" includes Sunday and any other
day declared by the Central Government by notification in the Official Gazette
to be a public holiday. However, this power has been delegated by the Central
Government to State Governments vide the Government of India, Ministry of Home
Affairs' Notification
No. 20-25-56-Pub-I dated 8 June, 1957. While delegating the power to declare
public holidays within concerned States under Section 25 of the Negotiable
Instruments Act, 1881, the Central Government has stipulated that the
delegation is subject to the condition that the Central Government may itself
exercise the said function, should it deem fit to do so. This implies that when
Central Government itself has notified a day as "public holiday"
under Section 25 of the Negotiable Instruments Act, 1881, there is no need for
banks to wait for the State Government notification.
21.
Miscellaneous
21.1
Sunday banking
In
predominantly residential areas RRBs may keep their branches open for business
on Sundays by suitably adjusting the holidays.
RRBs should
keep rural branches open on weekly market day.
21.2
Accepting standing instructions of customers
Standing
instructions should be freely accepted on all current and savings bank
accounts. The scope of standing instructions service should be enlarged to
include payments on account of taxes, rents, bills, school / college fees,
licences, etc.
21.3
Clean Overdrafts for small amounts
Clean
overdrafts for small amounts may be permitted at the discretion of branch
manager to customers whose dealings have been satisfactory. RRBs may work out
schemes in this regard.
21.4 Rounding
off of transactions
All
transactions, including payment of interest on deposits/charging of interest on
advances, should be rounded off to the nearest rupee i.e., fractions of 50
paise and above shall be rounded off to the next higher rupee and fraction of
less than 50 paise shall be ignored. Issue prices of cash certificates should
also be rounded off in the same manner. However, RRBs should ensure that
cheques/drafts issued by clients containing fractions of a rupee are not
rejected or dishonoured by them.
22.
Various Working Groups / Committees on Customer Service in Banks -
Implementation of the Recommendations
In order to
keep a watch on the progress achieved by the bank in the implementation of the
recommendations of various working groups/Committees on customer service, RRBs
may examine the recommendations which have relevance in the present day banking
and continue to implement them. RRBs may consider submitting periodically to
their Customer Service Committee of the Board a progress report on the steps/
measures taken in that regard.
23. Code
of Bank’s Commitment to Customers
RRBs should follow various provisions of the Code of Bank’s
Commitment to Customers, implementation of which is monitored by the Banking
Codes and Standards Board of India (BCSBI).
Annex
- I
(See
paragraph
6.3.1)
Format of Comprehensive Notice Board
A.
Customer Service Information
(Updated up
to _)
(i)
We have separately
displayed the
key
interest rates on
deposits & forex rates in
the branch.
(ii)
Nomination facility is available on
all deposit accounts,
articles in safe custody and
safe deposit vaults.
(iii)
We exchange soiled
notes and
mutilated notes.
(iv)
We accept / exchange coins of all
denominations.
(v)
If a banknote tendered here is found
to be
counterfeit, we will issue
an acknowledgement
to the
tenderer after stamping
the note.
(vi)
Please refer to
our cheque collection
policy for the applicable timeframes
for collection of local and
outstation cheques.
(vii)
For satisfactory accounts, we offer immediate credit
of outstation
cheque up to
(Please refer cheque collection policy).
(viii)
Bank's BPLR (Benchmark
Prime Lending Rate)
& its effective date.
B.
Service Charges
|
Sr.
No.
|
Type of Account
|
Minimum Balance Requirement
(
|
Charges for
Non-maintenance thereof
(
|
|
1.
|
Savings Account
|
|
|
|
2.
|
No-Frills Account
|
|
|
A.
Grievance Redressal
(i)
If you have
any grievances / complaints,
please approach
:
(ii)
If your complaint
is unresolved at
the branch level, you may
approach our Regional / Zonal Manager at : (Address)
(iii)
If you are not
satisfied with our grievance redressal, you may
approach the Banking
Ombudsman at: (Name, address, telephone numbers
and email address should be
given)
B.
Other Services provided – as
applicable.
i)
We accept direct tax
collection. (Please quote PAN
/ TAN on
Challan. Do
not drop the Challans
in the Drop Boxes).
ii)
We open Public Provident Fund
accounts.
iii)
The Senior Citizens Savings Scheme,
2004 is
operated here.
iv)
Prime Minister's Rozgar
Yojana / other
schemes sponsored by Government
of India
and State Government are
operated here (if
operated by the bank).
v)
We offer SSI loans / products.
vi)
We issue Kisan Credit
Cards.
vii)
We open 'Basic Savings Bank
Deposit Accounts'.
viii)
Donations for PM's relief
fund are accepted here.
C.
Information Available in Booklet Form (Please approach 'MAY I HELP YOU' Counter)
(i)
All the items mentioned
in (A)
to (D)
above.
(ii)
The Citizen's Charter for Currency
Exchange facilities.
(iii)
Time norms for
common transactions.
(iv)
Design and security features of
all the bank notes.
(v)
Policy documents
relating to Cheque Collection, Grievance Redressal Mechanism,
Security repossession
and Compensation.
(vi)
The complete service
charges, including services
rendered free
of charge.
(vii)
Fair Practices Code / The Code
of Bank's
Commitment to Customers.
Information to be provided outside the premises :
-
Name of the Bank / Branch :
-
Weekly Holiday on :
-
Weekly Branch Non-Banking Day :
Annex
- II
(See
paragraph 6.4)
Name of the Bank :
|
Deposit Accounts
|
|||||||||
|
Nature
|
Rate of Interest
|
Minimum Balance
|
|||||||
|
Normal
|
Senior
Citizen
|
Rural
|
Semi Urban
|
Urban
|
|||||
|
Account
|
|
|
|
|
|
||||
|
1.
|
Savings Bank A/c
|
||||||||
|
A.
|
Domestic
|
|
|
|
|
|
|||
|
a.
|
With cheque book
facility
|
|
|
|
|
|
|||
|
b.
|
Without cheque
book facility
|
|
|
|
|
|
|||
|
c.
|
Basic Savings Bank Deposit
|
|
|
|
|
|
|||
|
B.
|
Non Resident
|
|
|
|
|
|
|||
|
a.
|
NRO
|
|
|
|
|
|
|||
|
b.
|
NRE
|
|
|
|
|
|
|||
|
2.
|
Term Deposits
|
||||||||
|
A.
|
Domestic
|
Rate of
Interest
|
|||||||
|
Term Deposits
(All Maturities)
|
Deposits
less than
|
Deposits
|
|||||||
|
|
|
|
|||||||
|
|
|
|
|||||||
|
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|
|||||||
|
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|
|||||||
|
B.
|
Non-Resident Accounts
|
||||||||
|
a.
|
NRO (All Maturities)
|
|
|
||||||
|
b.
|
NRE (All Maturities)
|
|
|
||||||
|
|
Rate of
Interest
|
||||||||
|
1 year
& above but < 2 years
|
2 years & above but < 3 years
|
3 years & above but < 4 years
|
4 years & above but < 5 years
|
For
5 years (Maximum)
|
|||||
|
c.
|
FCNR(B)
|
|
|
|
|
|
|||
|
i)
|
USD
|
|
|
|
|
|
|||
|
ii)
|
GBP
|
|
|
|
|
|
|||
|
iii)
|
EUR
|
|
|
|
|
|
|||
|
iv)
|
CAD
|
|
|
|
|
|
|||
|
v)
|
AUD
|
|
|
|
|
|
|||
|
Loans
|
|
|
|||||
|
|
|
Loan Amount
|
Rate of
Interest
|
|
|
|
|
|
1.
|
Housing Loan
|
|
|
|
|
|
|
|
|
|
|
|
|
|||
|
2.
|
Personal Loan
|
|
|
|
|
|
|
|
a)
|
Consumer Durable Loan
|
|
|
|
|
|
|
|
b)
|
Senior Citizen
Loan Scheme
|
|
|
|
|
|
|
|
c)
|
Personal
Loan Scheme
|
|
|
|
|
|
|
|
d)
|
|
|
|
|
|
|
|
|
3.
|
Vehicle Loan
|
|
|
|
|
|
|
|
a.
|
Two Wheeler
Loans
|
|
|
|
|
|
|
|
b.
|
Three Wheeler
Loans
|
|
|
|
|
|
|
|
c.
|
For New Cars
|
|
|
|
|
|
|
|
d.
|
For Old Cars
|
|
|
|
|
|
|
|
4.
|
Educational Loans
|
Up to
|
|
||||
|
Repayable
in
_ years
|
Repayable in more
than _ years
|
Repayable
in
_ years
|
Repayable
in more than _ years
|
For studies in India =
For Studies Abroad =
|
|||
|
|
|
|
|
|
|||
|
Charges
|
||||||||||||
|
Fee Based Services
|
|
|||||||||||
|
1.
|
Lockers
|
|
||||||||||
|
|
Type
of Locker
|
Metro / Urban /
Semi Urban
|
Rural
|
|
||||||||
|
1 Yr
|
2 Yrs
|
3 Yrs
|
1 Yr.
|
2 Yrs
|
3 Yrs
|
|
||||||
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
||||
|
2.
|
Drafts / TT / MT
|
|
||||||||||
|
Issue
|
|
|||||||||||
|
Cancellation
|
|
|||||||||||
|
3.
|
Outstation cheque collection
|
|
||||||||||
|
4.
|
NEFT Money Transfer
|
Inward =
|
Outward =
|
|
||||||||
|
5.
|
RTGS Money Transfer
|
Inward =
|
Outward =
|
|
||||||||
|
|
Cheque return
charges
|
Outward Returns
|
Inward Returns
|
|
||||||||
|
For Savings Accounts
|
|
|
|
|||||||||
|
|
For Current,
Overdraft Cash Credit Accounts
|
|
|
|
|
Dishonour
of outstation / local bills & cheques
|
|
|
|
|
|
|
|
|
||
|
7.
|
Cheque Book
Issue
|
|
||
|
8.
|
No Dues Certificate
|
|
||
---------------
Annex - III
(See
Paragraph 16.3)
DBOD.No.Leg.BC.38/C.233A-85 March
29, 1985
Notification
In exercise of the powers conferred on the Reserve Bank of India by
sub-section (3) of Section 45ZC and sub-section
(4) of Section
45ZE of the Banking Regulation Act, 1949, respectively, the Reserve Bank of India hereby directs that the inventory to be prepared before returning articles left in safe custody
and the inventory to be prepared before
permitting removal of the contents of a safety locker, shall respectively be in the appropriate Forms set out as enclosed or
as near
thereto as circumstances require.
Sd/-
(A. Ghosh)
Deputy Governor
-------------------
Form of Inventory of Articles left
in Safe Custody with Banking Company
(Section 45ZC (3)
of the
Banking Regulation
Act, 1949)
The following inventory of articles left in safe custody
with branch, by Shri
/ Smt. (deceased) under an agreement / receipt dated was taken on this,
day of 20 .
|
Sr.
No.
|
Description of Articles in Safe
Custody
|
Other Identifying
Particulars, if any
|
|
|
|
|
|
|
|
|
The above inventory was
taken in
the
presence of : 1.
Shri / Smt. ---------------------------------- (Nominee) Shri / Smt. ----------------------------
(Appointed on behalf of minor Nominee)
Signature _____________________ Signature _____________________
I, Shri / Smt. _____________________________ (Nominee / appointed on behalf of minor Nominee) hereby acknowledge receipt of the articles comprised and set out in the above inventory together with a copy of the said inventory.
Shri / Smt. _____________________ (Nominee) Shri / Smt. _____________________
(Appointed on behalf of minor Nominee)
Signature _____________________ Signature _____________________
Date & Place _____________________ Date & Place _____________________
*******************
Form of Inventory of Contents of Safety Locker Hired from Banking Company
(Section 45ZE (4) of the Banking Regulation Act, 1949)
The following inventory of contents of Safety Locker No. ____________ located in the Safe Deposit Vault of ________________, __________________ Branch at ______________.
* hired by Shri / Smt. ________________________________ deceased in his / her Sole name.
* hired by Shri / Smt.
(i) _________________________________ (deceased)
(ii) _________________________________ Jointly
(iii) _________________________________
was taken on this _______________ day of _____________ 20 ___.
|
Sr.
No.
|
Description of Articles in
Safety Locker
|
Other Identifying
Particulars, if any
|
|
|
|
|
|
|
|
|
For the purpose of inventory, access to the locker was given to the Nominee / and the surviving hirers
- who produced the key to the locker.
- by breaking open the locker under his / her / their instructions.
The above inventory was taken in the presence of :
1. Shri / Smt. _____________________ (Nominee) _____________________ (Signature)
Address
_____________________
_____________________
_____________________
_____________________
or
1.Shri / Smt. _____________________ (Nominee) _____________________ (Signature)
Address
_____________________
_____________________
_____________________
_____________________
and
Shri / Smt._____________________ _____________________ (Signature)
Address
_____________________
_____________________
____________________
_____________________
Shri / Smt._____________________ _____________________ (Signature)
_____________________
Survivors of Joint hirers
Address
_____________________
_____________________
_____________________
2. Witness(es) with name, address and signature :
* I, Shri / Smt. ________________________________ (Nominee)
* We, Shri / Smt. ____________________________ (Nominee), Shri / Smt. _______________________ and Shri / Smt. _________________________ the survivors of the joint hirers, hereby acknowledge the receipt of the contents of the safety locker comprised in and set out in the above inventory together with a copy of the said inventory.
Shri / Smt. _____________________ (Nominee) Shri / Smt._____________________
(Survivor)
Signature _____________________ Signature _____________________
Date & Place _____________________
Shri / Smt. _____________________
(Survivor)
Signature _____________________
Date & Place _____________________
* Delete whichever is not applicable
*********
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