Bcsbi PDF
Bcsbi PDF
Bcsbi PDF
Certificate Examination in
Compiled by
INTRODUCTION
Banking being a service industry has to keep quality of the services to their customers at the top of their priorities. The expectations of customers about the service
offered by banks are different in different locations and geographies of our vast country. With the changing times, the expectations at all levels about the quality of
customer service have undergone significant changes over last 3-4 decades.
These higher expectations have been more pronounced after the opening of new private sector banks as a consequence of financial sector reforms in our
country. Indian Banks especially the Public Sector ones have seen huge increase in their branch network during the last four decades. The unprecedented
increase in branch net work has impacted the customer service due to varied demands on the banking industry from different sections of the society.
Though banks have been taking needed steps for improving the customer service standards, looking to the need to retain existing ones and to attract new
customers, there is always a scope for improvement. Due to the different levels of standards that are available there is also a need for bringing uniform
standards of service across the branches / banks. This would enable all bank customers to enjoy standard levels of customer service in any bank or branch
of their choice.
SUPPORT FROM BCSBI
In order to meet the expectations of the customers and to render quality service by bank employees, the Institute has launched a certificate course in customer service
in association with Banking Codes and Standards Board of India (BCSBI).The Board has agreed to lend its name and provide any assistance required by the Institute
to make this a successful initiative. BCSBI is a society and is an independent organization promoted by RBI. Main objective of this society, as per its memorandum, is
to formulate standards of service and also ensure that the same are maintained by all its members. There are a total of 132 banks as members of this society, who
have voluntarily agreed to abide by the standards of service prescribed by BCSBI.
OBJECTIVES
To enhance knowledge of banking professionals in the field of Customer Services and to fulfill the increasing need of such professionals.
ELIGIBILITY
1. Members and Non-Members of the Institute
2. Candidates must have passed the 12th standard examination in any discipline or its equivalent.
PASSING CRITERIA:
Minimum marks for pass in the subject is 50 out of 100.
DELIVERY
Candidates will have access to -
• Specially prepared courseware
• Finance Quotient - on the entry level knowledge of the candidate to be hosted on the Institute’s portal
Institute’s portal
EXAMINATION For Members For Non-Members
FEES* : Particulars
First attempt Rs.1,000/- * Rs.1,500/- *
Subsequent each Rs.1,000/- * Rs.1,500/- *
attempt
February to July of a calendar year, instructions / guidelines issued by the regulator(s) and important developments in banking and finance up to 31st
December will only be considered for the purpose of inclusion in the question papers".
(ii) In respect of the examinations to be conducted by the Institute for the period August to January of a calendar year, instructions / guidelines issued by the
regulator(s) and important developments in banking and finance up to 30th June will only be considered for the purpose of inclusion in the question papers.
Module - A
Definition of a customer – Banker- Customer relationship – Points of contact – Types of customers – Types of relationships,
such as individuals, corporates, etc. and their peculiarities – Need for building up customer relationships and Importance of
Module - B
Modern day banking – Core Banking / Electronic Payments – phone banking – mobile banking – internet banking – How
business is sourced – Different retail products – Home Loans – Vehicle Loans – Consumer durables – Credit Cards –
Bancassurance – Demat services – Selling through agents – Recovery process, etc. This Module should also deal with
general areas of grievances - pass book, account statement, unsolicited business, different charges, etc.
Module - C
Efforts made by banks, association of banks and Reserve Bank of India to improve customer service – Regulations,
Instructions, KYC / AML guidelines-Banks’ duties and rights – Customer Service Committees – Grievance Redressal
Mechanism including Banking Ombudsman – Importance of Developing Skills and Attitudes –
Use of IT in improving customer service.
Module - D
Genesis of Banking Codes and Standards Board of India – its set up and functions – Code of Bank’s Commitment to
Customers and Code of Bank’s Commitment to Micro and Small Enterprises.
BANKING IN INDIA
Role of Reserve Bank of India
The Reserve Bank of India was established on April 1, 1935 in accordance with the provisions of the Reserve Bank of India
Act, 1934. Though originally owned privately, it was nationalised in 1949 and now the Reserve Bank is fully owned by the
TYPE OF CUSTOMERS
In this Chapter, for the convenience of study, types of Borrowers have been classified as under:
1. Individual
2. Partnership firm.
3. Hindu Undivided Family
4. Companies
5. Statutory Corporations
6. Trusts and Co-op Societies
One of the essential elements of a contract is “capacity of the parties to Contract”.
The Bank while dealing with an individual should ensure that he is competent to enter into contract. An individual is not
competent to contract and money lent to him cannot be recovered in the following circumstances:
a) If an individual is a minor:
A person is minor in the eyes of the law if has not attained the age of 18 years under Indian Majority Act and the age of 21
years, if he/she is a ward, under the Guardians and Wards Act. The money lent to a minor cannot be recovered, if the minor
fails to repay. Exception to this is a contract with a minor for supply of necessaries to the minor. If a Bank lends money to a
minor to meet expenses for purchasing necessaries of life, then bank can recover the money from the estate of the minor.
b) If an individual is not of sound mind:
According to the Contract Act, if a person is not of sound mind, then he is incompetent to enter into a contract. The Act says
that a person at the time when he makes the contract, he is not capable of understanding it and of forming a rational
judgment as to its effect upon his interests, will be considered that he is ‘not of sound mind’. Hence, a contract would be
invalid if it is proved that the time of entering into contract, the person was not in sound state of mind and could not
understand what he was doing and could not understand the implications of entering into the contract.
c) Disqualified persons:
If a person is disqualified by the law in respect of his capacity to contract, then the contract entered into by such a person
cannot be enforced. For example, a person might have been declared as insolvent under the Insolvency law. As long as the
person continues to be undischarged insolvent, he cannot enter into contract.
2. PARTNERSHIP FIRM
‘Partnership Firm’ is another entity with which a Banker deals with in the course of his business. Partnership firm is governed
by Indian Partnership Act 1932. A partnership is the relation between persons who have agreed to share the profits of a
business, carried on by all or any of them acting for all. The relationship between partners is governed by partnership deed
which can be written or unwritten.
Legal Position of a partnership:
A partnership is not distinct from its partners. The liability is joint and several. It means that they responsible for the act of the
partnership firm in their capacity as partner as well as individual. The Indian Partnership Act 1932, provides for registration of
the partnership and it is necessary that a Banker dealing with partnership firm, should verify as to whether the firm is
registered or not. This would help him to know all the names of the partners and their relationship.
Authority of the Partners:
Section 19 of the Indian Partnership Act 1932 deals with the implied authority of a partner as an agent of the firm; and
Section 22 deals with the mode of doing act to bind the firm. In view of the provisions of Section 19 and 22, it should be
noted that the act of a partner shall be binding on the firm if done:
a) in the usual business of the partnership;
b) in the usual way of the business; and
c) as a partner, i.e. on behalf of the firm and not solely on his own behalf.
Business of partnership firm: Mode of Operation
Rights and duties of the partners are determined by Partnership Deed. It provides for opening of bank accounts, borrowing
powers, signing of cheques etc. Generally there may be a managing partner, who conducts business on behalf of other
partners. While dealing with partnership firms it should be ensured that business is conducted as per partnership deed. If the
Managing Partner does not have power to conduct certain transaction, then it should be ensured that consent of all partners
is obtained.
n so far as he manages the family property or business or looks after the family interests on behalf of the other members.
The Managership of the JHF property comes to a person by birth and he does not owe his position as Manager on consent
of the other co-parceners. The liability of the Karta is unlimited, whereas the liability of the co-parceners is limited to their
shares in the Joint Family Estate.
Powers and Duties of the Manager
A Manager or Karta of a Joint Hindu Family has the following powers and duties:
Powers:
i. Right to possession and management of the joint family property.
ii. Right to income from the joint family property
iii. Right to represent the joint family
iv. Right to sell the joint family property for family purpose.
Duties:
v. Duty to run the family business and manage the property for the benefit of the family
vi. Duty to account the income from the joint family business and property.
Banker and his dealings with Joint Hindu Family
i. A banker dealing with JHF, should know the Karta of the family.
ii. Banker should ensure that Karta of the Joint Hindu Family deals with the Bank and borrows only for the benefit of Joint
Family Business.
iii. The application to open the account must be signed by all the members and all adult members should be made jointly and
severally liable for any borrowings or if the account gets overdrawn.
4. COMPANIES
A Company is another type of customer, which a banker deals with. A company is a juristic person created by law, having a
perpetual succession and Common Seal distinct from its members. A Company depending upon its constitution is governed
by various laws.
Basic Law Governing Company:
In India Companies are governed by Companies Act, 1956. All the companies are required to be registered under
Companies Act, 1956.
The Business and objectives of a company are known by two important documents called Memorandum of Association and
Article of Association. Therefore for the formation of company these documents are essential.
Memorandum of Association
ii. Limitation on number of members to fifty excluding the people, who are employees and ex-employees of the company.
iii. Prohibition as to participation by General public in its capital requirements.
B. Public Company:
A Public Company is one which is not a Private Company i.e. a Public Company does not have any restrictions of the Private
Company and its main features are as follows:
i. Shares are freely transferable.
ii. No restriction on number of members
iii. Public at large can participate in its share capital.
The Public Company can be further classified as
(a) Limited Liability Company – Liability is limited to the share in capital.
(b) Unlimited Liability Company – Liability of the members is unlimited
(c) Limited by Guarantee - liability is limited to the amount guaranteed
C. Government Company:
A company in which Central Government or State Government or both has not less than 51 % of share capital.
D. Statutory Companies:
There are some companies established by an act of Parliament. These are called Statutory Corporations. For example, State
Bank of India is established under State Bank of India Act, 1955. Nationalised Banks are established under Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970.
E. Other Companies:
Besides the above, Companies Act, 1956 classifies companies on the basis of time, place of incorporation and nature of
working into the following categories:
i.Existing Company:A company existing already before the coming into force of Companies Act, 1956.
ii.Foreign Company: A company registered in a Foreign Country.
iii.Holding Company: A company owning more than 50 % of share capital in another company or a company which can
appoint majority of Directors in another company.
iv. Subsidiary Company: it can be seen that when there is a holding company the other company is called Subsidiary
Company.
5. OTHER TYPE OF CUSTOMERS
(i) Clubs, Societies, Schools:
These bodies are usually governed by Companies Act or co-operative Societies Act and function within the ambit of those
laws. For example clubs can be registered either under the Companies Act, 1956 or under Societies Registration Act or Co-
operative Societies Act. In the case of lending to these bodies a Banker should study the bye-laws, rules and regulations
applicable to them and ascertain the legality of lending to them.
(ii) Trusts:
These are governed by Indian Trusts Act, 1882, if they are Private Trusts and if they are public trust, they are governed by
Public Trusts Act or Religious and Charitable Endowments Act, if they are Trusts of Hindus and in the case of Muslims they
are governed by Wakf Act.
A Banker dealing with Trusts should acquaint himself with the respective laws applicable to them and shall ensure that his
lending is within the ambit of those laws.
Banks should frame their KYC policies incorporating the following four key elements:
i. Customer Acceptance Policy
ii. Customer Identification Procedures
iii. Monitoring of Transactions and
iv. Risk Management.
Objectives:
•To establish procedures to verify the bonafide identification of individuals/corporates opening and account
•To establish processes and procedures to monitor high value transactions and transactions of suspicious nature in accounts
• To establish systems for conducting due diligence and reporting of such transactions.
KYC Policy
“Know Your Customer” (KYC) procedure should be the key principle for identification of an individual/corporate opening an
account with regard to their photo identity and address proof. Regarding this the prospective customers have to submit
necessary prescribed documents. If any customer finds it difficult in providing the said documents, accounts can be opened
in genuine cases subject to fixing the ceilings on the maximum amount of balances to be kept in all his accounts at any point
of time and total credits into all accounts put together in a year. This applies to accounts to be opened basing on verification
through an introductory reference from an existing account holder/a person known to the bank. For existing accounts
thorough KYC should have been fulfilled. And the banks should have in place policies that establish processes and
procedures to monitor transactions of suspicious nature in accounts and have systems of conducting due diligence and
reporting of such transactions.
Ceiling and Monitoring of Transactions
• The banks are required to keep a close watch of cash withdrawals and deposits for Rs 10 lakhs and above in deposit, cash
credit or overdraft accounts and keep record of details of these large cash transactions in a separate register.
• Issuance of travellers cheques, demand drafts and telegraphic transfers for Rs 50,000 and above only by debit to
customers’ accounts or against cheques and not against cash. The applicants for these transactions for amount exceeding
Rs 50,000 should affix their PAN on the application forms.
• Repayment of deposits of Rs 20,000 and above should be through the accounts or crossed DD/cheques.
• In case of foreign organizations, among other documents, a certificate to the effect that the organization is registered with
the GOI to adhere to Foreign Contributions Regulation Act (FCRA, 1976) has to be obtained at the time of opening of
accounts.
• In some cases, those belonging to low income group both in urban and rural areas are not able to produce such documents
to satisfy the bank about their identity and address and address. This would lead to their inability to access the banking
services and result in their financial exclusion. Accordingly, the KYC procedure also provides for opening accounts for those
persons who intend to keep balances not exceeding Rs 50,000/- in all their accounts taken together and the total credit in all
the accounts taken together is not expected to exceed Rs.1,00,000/- in a year. In such cases, if a person who wants to open
an account and is not able to produce necessary mandated documents, banks should open an account for them, subject to
introduction from another account holder who has been subjected to full KYC procedure. The introducer’s account with the
bank should be at least six months old and should show satisfactory transactions. Photograph of the customer who proposes
to open the account and also this address need to be certified by the introducer. Or any other evidence as to the identity and
address of the customer to the satisfaction of the bank. As a measure of good customer service we can alert the customer
when he crosses the limit of Rs.40,000/- balance in all accounts put together or Rs.80,000/- credit summations in all
accounts put together to comply with the full KYC norms by submitting the necessary documents or otherwise the operations
in the account shall have to be stopped.
Transactions of Suspicious Nature and Reporting
Branches of banks are required to report all cash transactions of Rs 10 lakhs and above as well as transactions of suspicious
nature with full details in fortnightly statements to their controlling offices. Besides, controlling offices are also required to
appraise their Head Offices regarding transactions of suspicious nature. The guidelines apart from laying emphasis on record
keeping, training of staff and
Transferee can get better title than transferor – Normal principle is that a person cannot transfer better
title to property that he himself has. For example, if a person steals a car and sells the same, the buyer
does not get any legal title to the car as the transferor himself had no title to the car. The real owner of car
can anytime obtain possession from the buyer, even if the buyer had purchased the car in good faith and
even if he had no idea that the seller had no title to the car. This provision is no doubt sound, but would
make free negotiability of instrument difficult, as it would be difficult to verify title of transferor in many
cases. Hence, it is provided that if a person acquires ‘Negotiable Instrument’ in good faith and without
knowledge of defect in title of the transferor, the transferee can get better title to the negotiable instrument,
even if the title of transferor was defective. This is really to ensure free negotiability of instrument so that
persons can deal in the instrument without any fear.
Difference between negotiation and transfer/assignment - Difference between “Negotiation’ and
assignment/transfer is that in case of negotiation, the transferee can get title better than transferor, which
can never happen in assignment/transfer. Statutory definition of Negotiable instrument-A “negotiable
instrument” means a promissory note, bill of exchange or cheque payable either to order or to bearer.
Explanations
an addition of the words “and company” or any abbreviation thereof, between two parallel transverse lines,
or of two parallel transverse lines simply, either with or without the words “not negotiable”, that addition
shall be deemed a crossing, and the cheque shall be deemed to be crossed generally. [Section 123]
Cheque crossed specially - Where a cheque bears across its face an addition of the name of a banker,
either with or without the words “not negotiable”, that addition shall be deemed a crossing, and the
cheque shall be deemed to be crossed specially, and to be crossed to that banker. [Section 124].
Payment of cheque crossed generally or specially - Where a cheque is crossed generally, the banker on
whom it is drawn shall not pay it otherwise than to a banker. Where a cheque is crossed specially, the
banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crossed or his
agent for collection. [Section 126].
Cheque bearing “not negotiable” - A person taking a cheque crossed generally or specially, bearing in
either case the words “not negotiable”, shall not have, and shall not be capable of giving, a better title to
the cheque than that which the person form whom he took it had. [Section130]. Thus, mere writing words
Acceptance and payment for honour and drawee in need - Provisions for acceptance and payment for
honour have been made in case when the negotiable instrument is dishonoured. Bill is accepted for
honour when it is dishonoured when presenting for acceptance, while payment for dishonour is made
when Bill is dishonoured when presented for payment.
Negotiation of Instrument - The most salient feature of the instrument is that it is negotiable. Negotiation
does not mean a mere transfer. After negotiation, the holder in due course can get a better title even if
title of transferor was defective. If the instrument is ‘to order’, it can be negotiated by making endorsement.
If the instrument is ‘to bearer’, it can be negotiated by delivery. As per definition of ‘delivery’, such delivery
is valid only if made by party making, accepting or endorsing the instrument or by a person authorised by
him. An instrument can be negotiated any number of times. As per section 118(e), endorsements
appearing on the negotiable instrument are presumed to have been made in the order in which they
appear on the instrument, unless contrary is proved. [There is no mandatory provision to put date while
signing, though advisable to do so]. Section 118(d) provides that there is presumption that the instrument
Recent Developments:
Aadhaar Number and Permanent Account Number (PAN) are mandatory for all
account openings of individuals other than Basic Savings Deposit Account / PMJDY
account. However, account can be opened provided he/she submits Form-60 as
defined in Income Tax Rules 1962. With regard to companies, partnership firms,
trusts and unincorporated associations or bodies of individuals, Bank has to obtain
Aadhaar number and PAN or Form 60 from the managers, officers or employees
holding an attorney to transact on the company/firm/trust/body. This is in addition
to the documents to be obtained from customers, based on their constitution like
Certificate of Incorporation/Memorandum & Articles of Association/Partnership Deed.
In case the customer is not a resident (NRI) or is resident in the states of Jammu &
Kashmir, Assam, Meghalaya and does not submit PAN, the customer to submit copy
Cash TransactionReports(CTR)
Central Registry
Besides the SARFAESI Act following other laws require registration of charge created in the
property.
1. Registration Act, 1908
2. Companies Act, 1956
3. Merchant Shipping Act, 1958
4. Patents Act, 1970
5. Designs Act, 2000
A record shall be maintained at the central register at the head office of the central register in
which transactions relating to
1. Securitisation of Financial Assets
2. Reconstruction of Financial Assets
3. Creation of security interests shall be maintained.
Miscellaneous Provisions
Non-applicability of SARFAESI Act
(i) A lien, on any goods, money or security given by or under the Indian Contract Act, 1872 or
the Sale of Goods Act, 1930 or any other law for the time being in force.
(ii) A pledge of movable, within the meaning of Section 172 of the Indian Contract Act, 1872.
(iii) Creation of security interest in any vessel as defined within the meaning of Section 3(55)
of the Merchant Shipping Act, 1958.
(iv) Creation of security in any aircraft as defined in Section 2 of Aircraft Act 1934.
(v) Any conditional sale, hire-purchase or lease or any other contract in which no security
Interest has been created.
(vi) Any rights of unpaid seller under Section 47 of the Sale of Goods Act, 1930.
(vii) Any properties not liable for attachment or sale under the first proviso to Section 60(1) of
the Civil Procedure Code, 1908.
(viii) Any security interest for securing repayment of any financial asset not exceeding one
lakh rupees
(ix) Any security interest created in agricultural land
(x) Any case, in which the amount due is less than twenty per cent of the principal amount
and
interest thereunder.
Securities not in possession of the bank or financial institutions are only covered by this act.
Civil courts not to have jurisdiction, jurisdiction has conferred to DRT and AT.
Section 36 SARFAESI Act :The action has to be taken within 3 years from date on which a cause o
Award means an award passed by the Banking Ombudsman in accordance with this
scheme.
Authorised Representative means a person duly appointed and authorised by a
complainant or a party to an arbitration proceeding, as the case may be, to act on his
behalf and represent him, before Banking Ombudsman.
Banking Ombudsman means any person appointed under the scheme.
Review Authority is the Dy. Governor in charge of Rural Planning and Credit
Department of the RBI, who shall review the award of the Banking Ombudsman and shall
be responsible for implementing any such award as per the scheme.
Settlement means an agreement reached by the parties either by conciliation or
mediation by the Banking Ombudsman
Banking Ombudsman
Grounds of Complaint
A Complaint on any of the following grounds alleging deficiency in banking service may
be filed with the Banking Ombudsman having the jurisdiction:
1. non-payment/inordinate delay in the payment/collection of cheques
2. non-acceptance, without sufficient cause, of small denomination notes
3. non-issue of drafts
4. non-adherence to prescribed working hours
5. failure to honour guarantee/LC commitments by banks.
6. claims in respect of unauthorized/fraudulent withdrawals.
7. complaints from exporters in India.
8. Complaints from NRI having account in India.
Loans and Advances
9. non-observance of RBI directives on interest rates
10. delay in sanction. disbursement of Loan
11. non-acceptance of application for loans without giving valid reasons.
Procedure For Filing Complaint
1. before making complaint to the BO, must be made written representation to the bank
and either the bank rejected the complaint or the complainant had not received any reply
within one month after the bank recd. the complaint.
2. The complaint should be made before one year after the cause of action has arisen.
Preliminary
1. The Preamble to the DRT act describes the act as, ‘An act to provide the
establishment of tribunals for expeditious adjudication and recovery of debts due to
banks and financial institutions and for matters connected therewith .
2. The act is applicable to whole of India except J&K
3. Appellate Tribunal is established for the purpose of preferring appeal against the order
passed by the Tribunal.
4. Application
5. Appointed Day
6. Chairperson
7. Debt
8. Financial Institution
9. Presiding Officer means the presiding officer of the DRT appointed under subsection(1)
of Section 4
10. Recovery Officer appointed by the Government
Establishment of Tribunal and Appellate Tribunal
The central government is empowered to establish one or more tribunal to be known
as Debt Recovery Tribunal.
Composition of Tribunal
The tribunal consists of one person called as Presiding Officer and the appointment is
done by the central govt. by issuing notification.
Debt Recovery Tribunal Appellate Tribunal
Presiding Officer : District Judge Chairperson : High Court Judge, Presiding
officer of a DRT for at least 3 years.
Presiding officer holds officer for a term of
5 years or until he attains the age of 62 years
whichever is earlier.
Chairperson holds officer for a term of 5
years or until he attains age of 65 whichever is
earlier.
Recovery Officer
The staff so appointed shall work under the
general superintendence of the presiding
officer.
………………………………………………………………………………………………………
……
Jurisdiction, Powers and Authority of Tribunals
1. Whenever the Tribunal or the Appellate Tribunal is established from its appointed day,
i.e., date from which they function is declared in the notification, they exercise
jurisdiction, powers and authority to entertain and decide applications or appeals, as the
case may be, from the banks and financial institutions for and about recovery of debts
due to them.
2. Chairperson of Appellate Tribunal is given general power of superintendence and
control over the Tribunals under his jurisdiction. The chairperson can transfer any
application from any
Procedure Of Tribunals
A person who has to file appeal before the Appellate Tribunal has to pay 75% of the debt
ordered by the DRT.
Bank has to file application for recovery of loan taking into consideration jurisdiction and
cause of action.
DRT
Act
Description
19(1) Application for recovery to Tribunal within local limits of whose jurisdiction
19(2) Recovery of the debt is from same person, any other bank also has to recover
debt,
they may join.
19(3) No need to pay the fee, if Case is transferred from Civil Court to Tribunal
19(4) On receipt of application under sub-section(1) or (2) the Tribunal has to issue
summons to the defendant requiring him to show cause within 30 days of the
service of summons as to why the relief prayed for should not be granted
19(5) The Defendant has to present written statement at or before first hearing or
within such time as the Tribunal may permit.
19(6) defendant has to claims any amount on first hearing from the applicant and to
have
setoff against the applicant’s demand with ascertained sum of money
19(7) When written statement contains claim and set off, the written statement has
the same effect as a plaint in a cross-suit.
19(8) Counter claim
19(9) Counter claim has the same effect as a plaint in cross-suit so as to enable the
Tribunal to pass a final order in respect of both the original and Counter Claim.
19(10) The applicant is at liberty to file a written statement to the counter claim of the
defendant within such period may be fixed by the Tribunal
19(11) Counter Claim to be disposed as an Independent action.
19(12) The Tribunal may pass interim order against the defendant to debar him from
transferring, alienating, or otherwise dealing with or disposing of any
property/asset
Provisions
Review of the Order/Recovery Certificate – within 60 days of passing the order or issuing
The agencies appointed under Consumer Protection Act are quasi-judicial in nature
Consumer Protection Act is not enacted to protect the manufacturing conditions of the
Industries.
Voluntary Consumer association can file a complaint on behalf of consumer.
A consumer who has purchased goods for resale, cannot file complaint.
‘A’ has purchased a draft from a bank favoring ‘B’. The draft is last in transit and for
duplicate draft in lieu for first bank need some formalities to be completed by ‘A’. Can ‘B’
file a consumer case against the formalities as at is delaying payment to him.
No, as he is not consumer of the bank and is not taking any service from the bank.
“Complainant “ means
i. a consumer
ii. any voluntary consumer association
iii. the Central Govt / state Govt.
iv. one or more consumers
v. in case of death of parnter, his legal hair or representive.
Complaint means
1. an unfair trade practice or a restrictive trade practice.
2. the goods brought are defective
3. the services availed, hired suffer from deficiency
4. over priced
“Consumer” means any person who,
1. buys any goods for a consideration which has been paid or promised to be paid
2. under any system of deferred payment
3. includes any user of such goods
4. hires or avails any service
Consumer Dispute means a dispute where the person against whom complaint has
been made, denies or disputes the allegations contained in the complaint
Defect means any fault, imperfection, shortcoming or inadequacy in the quality,
quantity, potency, purity or standard.
Deficiency = Defect
District CPC
Chairman – Collector of the district.
Meeting at least once in a year
State CPC
Chairman – Minister in charge of the consumer affairs in state govt.
Members – not exceeding 10 appointed by centre govt.
Meeting at least Twice in a year
National CPC
Chairman – Minister in charge of the consumer affairs in central govt.
Meeting at least Twice in a year
Credit Information Companies, Fair Practices Code for Debt Collection, BCSBI
1. CIBIL is a composite credit bureau which contains the credit history of both commercial and
consumer borrowers.
2. CIBIL provides credit history of borrowers to its members in the form of credit information
reports (CIRs) to assist them in their loan appraisal process.
3. In the matter of recovery of dues, banks / NBFCs may ensure that they, as also their agents,
adhere to the extant instructions on Fair Practice Code for lenders as also IBA’s Code for
Collection of dues and repossession of security. In case banks / NBFCs have their own code for
collection of dues it should, at the minimum, incorporate all the terms of IBA's Code.
4. In particular, in regard to appointment of third party agencies for debt collection, it is essential
that such agents refrain from action that could damage the integrity and reputation of the bank /
NBFC and that they observe strict customer confidentiality.
5. All letters issued by recovery agents must contain the name and address of a responsible
senior officer of the card issuing bank whom the customer can contact at his location.
6. Banks / NBFCs / their agents should not resort to intimidation or harassment of any kind,
either verbal or physical, against any person in their debt collection efforts, including acts
intended to humiliate publicly or intrude the privacy of the credit card holders’ family members,
Banker-Customer Relationship
1. A firm consisting of not more than 10 partners or a company incorporated under Indian
Companies Act 1956 can be a bank.
2. The relationship between customer and bank, when the customer deposits money with the
bank, is a lender and a borrower and thus a creditor and a debtor.
3. The relationship between customer and bank, when the bank lends money to the customer, is a
1. A mandate (an unstamped agreement) is an authority given by the account holder in favour of
a third person to do certain acts on his behalf.
2. Institutions cannot issue mandate, instead they issue a power of attorney.
3. Power of Attorney is a legal document (as it is a stamped document and is executed in the
presence of a notary public/magistrate of a court/authorized government official) executed by
one person called donor (principal) in favor of another person called donee agent to act on behalf
of the former, as per the authority given in the document.
4. Donee means the person who issues Power of Attorney and donor means the person to whom
Power of Attorney is given.
5. General/universal power of attorney is issued for acting in more than one transaction while
special/limited Power of Attorney is issued for only one transaction.
6. Garnishee order is an order of the court obtained by a judgement creditor attaching the funds
belonging to a judgement debtor (customer) in the hands of his debtors, including a bank, who is
called a garnishee, advising not to release the money until directed by the court to do so.
7. Cheques presented after service of the garnishee order should be returned with the “refer to
drawer” remark.
8. Preliminary proceedings of a court are called garnishee order nisi.
9. Subsequent proceedings of a court are called garnishee absolute.
10. When a bank has a prior right to set-off, the bank is not bound by the garnishee order.
11. When a lien is marked on fixed deposit receipts, it cannot be attached by a garnishee order.
12. Any excess over the lien is attachable by the garnishee order.
13. Orders received from the court for recovery of certain debts are called garnishee order.
14. Orders received from the revenue authorities (income tax/sale tax authority) are called
attachment order.
15. Credits received after garnishee orders are not attachable because debts due or accruing at the
time of receipt of order are only attachable.
16. In "Joint Accounts" with "Either or Survivor" clause, "Garnishee Order" if in a single name,
cannot be attached.
17. In "Joint Accounts" with "Former or Survivor" clause, "Garnishee Order" if in a single name,
can be attached.
18. The personal accounts of a partner can be attached with garnishee order for the firm’s debt.
19. The trust’s account cannot be attached garnishee order.
20. When a customer has more than 1 account and one is in credit and other is in debit, then the
garnishee order can be attached only if the net result is in credit.
21. A lien is a right of the banker to retain possession of the goods and securities owned by the
debtor until the debt due from the latter is paid.
22. The banker’s lien is an implied (understood) pledge (promise/guarantee).
23. In case of lien, the bank can sell the goods and securities in case the debt is not paid under
Ancillary Services
Each bank has two main activities as the sourcing or borrowing of funds ( as deposits and capital
from the market) and the deploying or lending the funds as Loans and Investments): these form
the traditional and core activities of all the banks.
Apart from these basic activities, the banks provide a variety of other services or products.The
most popular ones are listed below.
1) Funds transfer service: Useful for sending and receiving money from all over the world.The
products that cover these services are Demand Drafts, Bankers Checks/Pay orders,
EFT(Electronic Funds Transfer ),etc.
2) Forex service: You can buy the foreign exchange for any purpose of expenditures like travel,
buying merchandise,etc..and sell the same to the bank when you earn or receive from abroad . Of
course, these forex transactions are subject to the rules and regulations prevailing in a country
and they are provided by only those bank branches which are approved by the Banking
Authority or Regulator for this purpose.
3) Custodial Service: You can keep your valuables like jewels, documents, etc.. under this
service which is commonly known as Locker facility(Safe Deposit Vaults in banking parlance.
The bank will collect a nominal fee for the service.
4) Gold sale: You can buy pure gold for self consumption or for trading by the jewelry
businesses. Here also, only a few selected branches of banks or banks are allowed to provide
this. The products usually range from a coin to a 100 gm biscuit or bar.
5) Investment service: Invest your money in the mutual funds run by the banks. The service
1. Cash management is a broad term that refers to the collection, concentration, and
disbursement of cash.
2. It encompasses a company’s level of liquidity, its management of cash balance, and its shortterm
investment strategies
3. The objective of a cash management system is to improve revenue, maximize profits,
minimize costs and establish efficient management systems to assist and accelerate growth.
4. In India, the cash management business primarily involves collections and payments services.
5. Products Offered by Banks Under Collections (Paper and Electronic)
a. Local cheque collections
b. High value (0 Day clearing)
c. Magnetic ink character recognition (MICR)
d. Outstation cheque collections
e. Cheques drawn on branch locations
f. Cheques drawn on correspondent bank locations
g. Cheques drawn on coordinator locations
i. House cheque collections
j. Outside network cheque collections
k. Cash collections
l. ECS-Debit
m. Post dated cheque collection
n. Invoice collections
o. Capital market collections
6. Products Offered by Banks Under Payments (Paper and Electronic)
a. Demand drafts/banker’s cheques
b. Customer cheques
c. Locally payable
d. Payable at par
e. RTGS/NEFT/ECS
f. Cash disbursement
g. Payments within bank
h. Capital market payments
7. In a dynamic economy, markets need to play a key role in guiding the development of
infrastructure, including mechanisms like payments systems.
8. This means that innovation and competition will be central to the future development of the
payments system - as they are in other areas of the economy.
9. Efficient cash management is a must to support an institution’s growth, and therefore,
1. RBI has advised the banks to raise the shares of priority sector lending to 40 % of the
aggregate bank advances.
2. Out of this 40 %, 18 % is for agricultural sector (no targets for foreign banks), 10 % is for
weaker sections (no targets for foreign banks), and 1 % of previous year’s total advances are
given under DRI (Differential Rate of Interest Scheme) (no targets for foreign banks).
3. Above mentioned limit is for domestic commercial banks. For foreign banks, 32 % of ANBC
(Adjusted Net Bank Credit) is for priority sector advances.
4. Export credit is not a part of priority sector for domestic commercial banks. However foreign
banks are given target of 12 % of ANBC.
5. Description of Micro, Small and Medium Sectors:
Investment in plant and machinery Investment in Equipment Type of Enterprise
(Manufacturing Sector) - (Services Sector)
Up to 25 lacs - up to 10 lacs Tiny
25 lacs to 5 crore - 10 lacs to 2 crore Small
5 crore to 10 crore - 2 crore to 5 crore Medium
6. Micro credit includes provision of very small amounts up to Rs 50,000 per borrower.
7. The government has decided that the farmers should receive short term credit at 7 % with an
upper limit of 3 lakh on the principal amount. On this amount, the government provides interest
subvention of 2 % p.a. to the banks.
8. This 2 % subvention will be available to banks on condition that they make short term credit
available at the ground level with ROI of 7 % p.a.
Agricultural Finance
GUIDELINES
Banks are required to constitute a Customer Service Committee of the Board and
include experts and representatives of customers as invitees. The role of the
Committee includes:
· 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,
· Examination/review of the Awards being issued by Banking Ombudsman in respect
of complaints relating to provision of banking services and address issues of
systemic deficiencies existing in banks brought out by the Awards.
Banks are also required to set up Standing Committee to review the practice and
procedures prevalent in the bank and take necessary corrective action on an ongoing
basis. The committee would act as a bridge between the various departments of the
bank and the Board / Customer Service Committee of the Board.
Banks are further required to establish Customer Service Committee at branch level to
encourage a formal channel of communication between the customers and the bank at
the branch level. Besides these, each bank is expected to have a nodal
department/official for customer service at H.O. and each Controlling Office with whom
customers with grievances can approach at first instance and with whom the Banking
Ombudsman and RBI can liaise.
Policies
Along with profit, growth, and fulfilment of social obligations, customer service is treated
as priority objective of banks. Accordingly, banks are required to have in place Board
approved policies in respect of:-
a) Comprehensive Deposit Policy - covering rights of the depositors in general and
small depositors in particular and aspects of operation of deposit accounts,
charges, and other related issues.
b) Cheque collection policy – covering aspects viz. (i) immediate credit for
local/outstation cheques, (ii) Timeframe for collection of local/outstation
instruments, and (iii) Interest payment for delayed collection (Policy dealt
separately).
c) Customer Compensation Policy – covering (i) Erroneous Debits arising on
1. Introduction
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.
The vast network of branches spread over the entire country with millions of customers, a complex variety
of products and services offered, the varied institutional framework – all these add
to the enormity and complexity of banking operations in India giving rise to complaints for deficiencies in
services. This is evidenced by a series of studies conducted by various committees
such as the Talwar Committee, Goiporia Committee, Tarapore Committee, etc., to bring in improvement
in performance and procedure involved in the dispensation of hassle-free customer service.
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,
through instructions/guidelines.
Depositors' interest forms the focal point of the regulatory framework for banking in India. There is a
widespread feeling that the customer does not get satisfactory service even after
demanding it and there has been a total disenfranchisement of the depositor. There is, therefore, a need
to reverse this trend and start a process of empowering the depositor.
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);
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
Banks' 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
(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
(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.
(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.
(j) Training of staff in line with customer service orientation. Training in Technical areas of banking to the
staff at delivery points. Adopting innovative ways of training / delivery
(k) visit by senior officials from Controlling 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.
(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.
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.
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 banks.
Customer Service Committee of the Board, illustratively, could address the following:-
issues such as the treatment of death of a depositor for operations of his account
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 of the various States.
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 :
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.
Banks are advised to review customer service / customer care aspects in the bank 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.
The Committee on Procedures and Performance Audit of Public Services (CPPAPS) examined the issues
relating to the continuance or otherwise of the Ad hoc Committees and 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. The CPPAPS therefore recommended that
the Ad hoc Committees should be converted into Standing Committees on Customer Service.
On the basis of the above recommendation, banks are required to convert the existing Ad hoc
Committees into a Standing Committee on Customer Service. The Ad hoc Committees when converted
as a
permanent 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.
The constitution and functions of the Standing Committee may be on the lines indicated below :-
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 bank is in tune with
the spirit and intent of such instructions.
iii) The Standing Committee may review the practice and procedures prevalent in the bank and take
necessary corrective action, on an ongoing basis as the intent is translated into action only
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
With the conversion of the Ad hoc Committees into Standing Committees on Customer Service, the
Standing Committee will act as the bridge between the various departments of the bank and the
Banks were 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,
banks 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.
-7-
Standing Committee to examine them and provide relevant feedback to the Customer Service Committee
of the Board for necessary policy / procedural action.
Each bank is expected to have a nodal department / official for customer service in the Head Office and
each controlling office, with whom customers with grievances can approach in the first
instance and with whom the Banking Ombudsman and RBI can liaise.
Customer service should be projected as a priority objective of banks along with profit, growth and
fulfilment of social obligations. Banks should have a Board approved policy for the
following:
Banks 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.
Banks 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. The policy should cover the following three aspects:
-8-
Broad principles enumerated in paragraph 14.1 should be taken into account while formulating the policy.
Banks must have a well documented Customer Compensation Policy duly approved by their Boards.
They could use the model policy formulated by the Indian Banks' Association (IBA) in this regard
in formulating their own policy. Banks policy should, at a minimum, incorporate the following aspects:-
(d) Other unauthorised actions of the bank leading to a financial loss to customer
Banks 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 16 of
this Circular.
(i) Banks 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
(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.
-9-
4. Financial Inclusion
i. The 'Basic Savings Bank Deposit Account' should be considered a normal banking service available to
all.
ii. This account shall not have the requirement of any minimum balance.
iii. The services available in the account will include deposit and withdrawal of cash at bank branch as
well as ATMs; receipt / credit of money through electronic payment channels or by
means of deposit / collection of cheques drawn by Central / State Government agencies and departments.
iv. While there will be no limit on the number of deposits that can be made in a month, account holders
will be allowed a maximum of four withdrawals in a month, including ATM withdrawals.
vi. The above facilities will be provided without any charges. Further, no charge will be levied for non-
operation / activation of in-operative 'Basic Savings Bank Deposit Account'.
vii. Banks would be free to evolve other requirements including pricing structure for additional value-
added services beyond the stipulated basic minimum services on reasonable and
viii. The 'Basic Savings Bank Deposit Account' would be subject to RBI instructions on Know Your
Customer (KYC) / Anti-Money Laundering (AML) for opening of bank accounts issued from time to
time. If such account is opened on the basis of simplified KYC norms, the account would additionally be
treated
- 10 -
as a 'Small Account' and would be subject to conditions stipulated for such accounts as indicated in
paragraph 3.2.2(I)(A)(vi) of Master Circular dated July 01, 2015 on 'KYC norms / AML
standards / Combating of Financing of Terrorism (CFT) / Obligation of banks under PMLA, 2002'.
ix. Holders of 'Basic Savings Bank Deposit Account' will not be eligible for opening any other savings
bank deposit account in that bank. If a customer has any other existing savings bank
deposit account in that bank, he / she will be required to close it within 30 days from the date of opening a
'Basic Savings Bank Deposit Account'.
In view of several queries received in connection with BSBDAs, a list of FAQs was issued. These FAQs
are furnished in Annex VII.
Though the banks make available a Basic Savings Bank Deposit Account so as to achieve the objective
of greater financial inclusion, yet financial inclusion objectives would not be fully met
if the banks do not increase the banking outreach to the remote corners of the country. This has to be
done with affordable infrastructure and low operational costs with the use of
appropriate technology. This would enable banks to lower the transaction costs to make small ticket
transactions viable.
A few banks have already initiated certain pilot projects in different remote parts of the country utilizing
smart cards/mobile technology to extend banking services similar to those
dispensed from branches. Banks are, therefore, urged to scale up their financial inclusion efforts by
utilizing appropriate technology. Care may be taken to ensure that the solutions
developed are:
• highly secure,
- 11 -
• follow widely accepted open standards to allow inter-operability among the different systems adopted by
different banks.
In order to ensure that banking facilities percolate to the vast sections of the population, banks should
make available all printed material used by retail customers including account
opening forms, pay-in-slips, passbooks, etc., in trilingual form i.e., English, Hindi and the concerned
Regional Language.
In this connection, banks are advised to refer to the judgement dated April 15, 2014 of the Supreme Court
in the case of National Legal Services Authority v. Union of India and others [AIR
2014 SC 1863: (2014) 5 SCC 438] on treating all transgender persons as ‘third gender’. The Supreme
Court, in that case, upheld transgender persons’ right to decide their self-identified
gender and directed the Centre and State Government to grant legal recognition of their gender identity
such as male, female or as third gender.
Banks are, therefore, directed to include ‘third gender’ in all forms/applications etc. prescribed by the
Reserve Bank or the banks themselves, wherein any gender classification is envisaged.
Banks should be generally guided by RBI instructions on KYC / AML for opening of accounts.
- 12 -
Banks are advised that KYC once done by one branch of the bank should be valid for transfer of the
account within the bank as long as full KYC has been done for the concerned account. The
customer should be allowed to transfer his account from one branch to another branch without insisting
on fresh proof of address and on the basis of a self-declaration from the account holder
about his / her current address, subject to submitting proof of address within a period of six months.
Periodical updation of KYC data would continue to be done by bank as per prescribed
periodicity.
As many banks are now 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
(i) The instructions cover all types of deposits including fixed, recurring, cumulative, etc.
(ii) They apply to all categories of depositors, whether resident or non-resident. Only banks, Local
Authorities and Government Departments (excluding public sector undertakings or quasi-
(iii) The banks may not insist on photographs in case of accounts of staff members only (Single/Joint).
(iv) The banks should obtain photographs of all persons authorised to operate the accounts viz., Savings
Bank and Current Accounts without exception.
(v) The banks should also obtain photographs of the 'Pardanishin' women.
- 13 -
(vi) The banks may obtain two copies of photographs and obtaining photocopies of driving
licence/passport containing photographs in place of photographs would not suffice.
(vii) The banks 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. The banks
(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'
balance is not maintained. Any charge levied subsequently should be transparently made known to all
depositors in advance with one month’s notice. The banks 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. With effect
from May 6, 2014, banks are not permitted to levy penal charges for non-maintenance of minimum
balances in any inoperative account.
- 14 -
5.4.1 Levy of Penal Charges on Non-Maintenance of Minimum balance in savings bank accounts
With effect from April 1, 2015, while levying charges for non-maintenance of minimum balance in savings
bank accounts, banks shall adhere to the following additional guidelines:
(i) In the event of a default in maintenance of minimum balance / average minimum balance as agreed to
between the bank and customer, the bank should notify the customer clearly by SMS /
email / letter etc. that in the event of the minimum balance not being restored in the account within a
month from the date of notice, penal charges will be applicable.
(ii) In case the minimum balance is not restored within a reasonable period, which shall not be less than
one month from the date of notice of shortfall, penal charges may be recovered under
(iii) The policy on penal charges to be so levied may be decided with the approval of Board of the bank.
(iv) The penal charges should be directly proportionate to the extent of shortfall observed. In other words,
the charges should be a fixed percentage levied on the amount of difference
between the actual balance maintained and the minimum balance as agreed upon at the time of opening
of account. A suitable slab structure for recovery of charges may be finalized.
(v) It should be ensured that such penal charges are reasonable and not out of line with the average cost
of providing the services.
(vi) It should be ensured that the balance in the savings account does not turn into negative balance
solely on account of levy of charges for non-maintenance of minimum balance.
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
- 15 -
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 banks' constituents as
also to maintain good customer service. Thus, whenever clearing is suspended and it is
apprehended that the suspension may be prolonged, banks 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, banks 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.
(Individuals)
(i) A passbook is a ready reckoner of transactions and is handy and compact and as such, is far more
convenient to the small customer than a statement of account. Use of statements has some
inherent difficulties viz., (a) these need to be filed regularly (b) the opening balance needs to be tallied
with closing balance of last statement (c) loss of statements in postal transit is
record of transactions is not available and (e) there are a large number of small customers who do not
have access to computers / internet, etc. As such, non-issuance of pass-books to such
Banks are therefore advised to invariably offer pass book facility to all its savings bank account holders
(individuals) and in case the bank offers the facility of sending statement of
account and the customer chooses to get statement of account, the banks must issue monthly statement
of accounts. The cost of providing such Pass Book or Statements should not be charged to
the customer.
- 16 -
(ii) It has come to our notice that some banks are not issuing pass books to their savings banks account
holders (individuals) and only issue a computer generated account statement even when
the customer desires pass book facility. Banks are, therefore, advised to strictly adhere to the extant
instructions.
(i) Customers may be made conscious of the need on their part to get the pass-books updated regularly
and employees may be exhorted 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.
(i) Banks should give constant attention to ensure entry of correct and legible particulars in the pass
books and statement of accounts.
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, banks should avoid such inscrutable entries in passbooks /
statement of accounts and ensure that brief, intelligible particulars are invariably entered in passbooks /
statement of account.
- 17 -
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 the custody of
(iii) While remaining with the branch, pass books should be held under lock and
key overnight.
(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
of these statements.
(iii) Further, banks should advise their Inspecting Officers to carry out sample
In order to improve the quality of service available to customers in branches, it would be useful if the
address / telephone number of the branch is mentioned on the passbooks / statement of
accounts.
Banks are therefore advised to ensure that full address / telephone number of the branch is invariably
mentioned in the passbooks / statement of accounts issued to account holders.
- 18 -
5.6.7 Printing of MICR code and IFSC code on passbook / statement of account
The Magnetic Ink Character Recognition (MICR) code is necessary for all Electronic Clearing Service
(ECS – Credit and Debit) transactions and the Indian Financial System Code (IFSC) is a
pre-requisite for National Electronic Funds Transfer (NEFT) and Real Time Gross Settlement (RTGS)
transactions. At present, this information is made available on the cheque leaf along with
the IFSC code of the branch. However, on a review, banks are advised to take necessary steps to
provide this information in all passbook / statement of account of their account holders.
Banks 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
Banks should take appropriate care while issuing large number of cheque books. It should be done in
consultation with the Controlling Office of the bank.
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.
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
delivered over the counters on request to the depositors or his authorized representative.
- 19 -
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 banks for payment, if otherwise in
order. Banks can ascertain the Gregorian calendar date corresponding to the National Saka
5.7.5 Issue of Multicity / Payable at All Branches Cheques by CBS enabled Banks:
In order to bring efficiency in the cheque clearing, all CBS enabled banks have been advised to issue only
“payable at par” / “multi-city” CTS 2010 Standard cheques to all eligible customers
without extra charges with appropriate Board approved risk management procedures based on risk
categorization of accounts. Banks have been advised not to charge their savings bank account
customers for issuance of CTS-2010 standard cheques when they are issued for the first time.
Bank should issue term deposit receipt indicating therein full details, such as, date of issue, period of
deposit, due date, applicable rate of interest, etc.
Term deposits should be freely transferable from one office of bank to another.
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.
- 20 -
Change in interest rate on deposits should be made known to customers as well as bank branches
expeditiously.
Indian Banks’ Association (IBA) Code for Banking Practice has been issued by IBA for uniform adoption
by the member banks. 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 banks 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.
A bank, 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
bank 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
prescribed. With effect from April 1, 2013 banks will have the discretion to disallow premature withdrawal
of a term deposit in respect of bulk deposits of `1 crore and above of all
depositors, including deposits of individuals and HUFs. Bank should, however, notify such depositors of
its policy of disallowing premature withdrawal in advance, i.e., at the time
- 21 -
of accepting such deposits. A bank on request from a depositor shall allow withdrawal of a Rupee term
deposits of less than 1 crore, before completion of the period of the deposit agreed upon
at the time of making the deposit. Bank will have the freedom to determine its own penal interest rates for
premature withdrawal of term deposits. Bank should ensure that the depositors are
made aware of the applicable penal rates along with the deposit rates. The revised guidelines are made
applicable with effect from April 1, 2013.
Some banks insist on the signatures of both the depositors to allow repayment of money in fixed/term
deposits, though the deposit account is opened with operating instructions (sometimes
called ‘repayment instructions’), ‘Either or Survivor’ or ‘Former or Survivor’. Such insistence on the
signatures of both the depositors has the effect of making the mandate given by the
depositors redundant. This, in turn, results in unjustified delays and allegations of poor customer service.
1. It is clarified that if fixed/term deposit accounts are opened with operating instructions ‘Either or
Survivor’, the signatures of both the depositors need not be obtained for payment of
the amount of the deposits on maturity. However, the signatures of both the depositors may have to be
obtained, in case the deposit is to be paid before maturity. If the operating instruction
is ‘Either or Survivor’ and one of the depositors expires before the maturity, no pre-payment of the
fixed/term deposit may be allowed without the concurrence of the legal heirs of the
deceased joint holder. This, however, would not stand in the way of making payment to the survivor on
maturity.
signature of both the depositors may have to be obtained, in case the deposit is to be paid before maturity.
If the former expires before the maturity of the fixed/term deposit, the
‘Survivor’ can withdraw the deposit on maturity. Premature withdrawal would however require the consent
of both the parties, when both of them are alive, and that of the surviving depositor
and the legal heirs of the deceased in case of death of one of the depositors.
- 22 -
3. If the joint depositors prefer to allow premature withdrawals of fixed/term deposits also in accordance
with the mandate of ‘Either or Survivor’ or ‘Former or Survivor’, as the case may
be, it would be open to banks to do so, provided they have taken a specific joint mandate from the
depositors for the said purpose. In other words, in case of term deposits with "Either or
Survivor" or "Former or Survivor" mandate, banks are permitted to allow premature withdrawal of the
deposit by the surviving joint depositor on the death of the other, only if, there is a
4. It has come to our notice that many of the banks have neither incorporated such a clause in the
account opening form nor have they taken adequate measures to make the customers aware of
the facility of such mandate, thereby putting the "surviving" deposit account holder(s) to unnecessary
inconvenience. Banks are, therefore, advised to invariably incorporate the aforesaid
clause in the account opening form and also inform their existing as well as future term deposit holders
about the availability of such an option.
5. The joint deposit holders may be permitted to give the mandate either at the time of placing fixed
deposit or anytime subsequently during the term / tenure of the deposit. If such a
mandate is obtained, banks can allow premature withdrawal of term / fixed deposits by the surviving
depositor without seeking the concurrence of the legal heirs of the deceased joint deposit
holder. It is also reiterated that such premature withdrawal would not attract any penal charge.
jointly on ‘Either or Survivor’ instructions, on maturity of the fixed deposit, proceeds of the matured fixed
deposit can be credited to the joint savings bank account already opened in the
bank. There is no need for opening a separate savings bank account in the name of the first depositor for
crediting the proceeds of the fixed deposit.
- 23 -
All aspects concerning renewal of overdue deposits may be decided by individual banks 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.
A bank 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
A bank 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.
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
(i) A request letter may be obtained from the customer on maturity. While obtaining the request letter from
the depositor for renewal, banks 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.
- 24 -
(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, banks 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, banks may
continue to credit the interest to the account on a regular basis.
Banks are not required to deduct TDS from depositors who submit declaration in Form 15-G/15-H under
Income Tax Rules, 1962. However, it has been brought to our notice that despite submission
of Form 15-G/15-H by customers, banks are deducting tax at source, at times, causing inconvenience to
customers resulting in a number of complaints. Such instances arise because either the
forms are misplaced or a track is not kept of forms received in the branches.
The matter has been examined by us in consultation with Indian Banks’ Association (IBA). With a view to
protect interest of the depositors and for rendering better customer service, banks are
advised to give an acknowledgment at the time of receipt of Form 15-G/15-H. This will help in building a
system of accountability and customers will not be put to inconvenience due to any
- 25 -
Some banks are not providing TDS Certificate in Form 16A to their customers in time, causing
inconvenience to customers in filing income-tax returns.
With a view to protect the interests of the depositor and for rendering better customer service, banks are
advised to provide TDS Certificate in Form 16A, to their customers in respect of
whom they (banks) have deducted tax at source. Banks are advised to put in place systems that will
enable them to provide Form 16A to the customers well within the time-frame prescribed under
Some banks 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
Banking, by definition, means acceptance of deposits of money from the public for the purpose of lending
and investment. As such, banks 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.
Banks 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.
Considerable difficulty was experienced by women customers in opening bank accounts in the names of
minors, with mothers as their guardians. Presumably, the banks 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
- 26 -
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 legal and practical aspects of the above problem were, therefore, 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.
Banks are advised to instruct their branches to allow minors' accounts (fixed and savings only) with
mothers as guardians to be opened, whenever such requests are received by them, subject to
The facility of allowing opening of minor’s accounts with mothers as guardians may be extended to
Recurring Deposit Accounts also subject to precautions mentioned above.
With a view to promote the objective of financial inclusion and also to bring uniformity among banks in
opening and operating minors’ accounts, banks are advised as under:
a. A savings /fixed / recurring bank deposit account can be opened by a minor of any age through his/her
natural or legally appointed guardian.
systems, fix limits in terms of age and amount up to which minors may be allowed to operate the deposit
accounts independently.
- 27 -
They can also decide, in their own discretion, as to what minimum documents are required for opening of
accounts by minors.
c. On attaining majority, the erstwhile minor should confirm the balance in his/her account and if the
account is operated by the natural guardian / legal guardian, fresh operating
instructions and specimen signature of erstwhile minor should be obtained and kept on record for all
operational purposes.
2. Banks are free to offer additional banking facilities like internet banking, ATM/ debit card, cheque book
facility etc., subject to the safeguards that minor accounts are not allowed to be
(i) Keeping in view the importance of credit discipline for reduction in NPA level of banks, banks 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. Banks 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). Banks 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 our inspection would make the concerned
(ii) Banks 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
formal no objection, consistent with true freedom to the customer of banks as well as needed due
diligence on the customer by the bank.
(iii) In case of a prospective customer who is a corporate or large borrower enjoying credit facilities from
more than one bank, the banks should exercise due diligence and inform the
consortium leader, if under consortium, and the concerned banks, if under multiple banking arrangement.
- 28 -
Reserve Bank has been receiving a number of complaints from bank customers, regarding debit of
accounts even though the ATMs have not disbursed cash for various reasons. More importantly,
banks take considerable time in reimbursing the amounts involved in such failed transactions to card
holders. In many cases, the time taken is as much as 50 days. The delay of the magnitude
indicated above is not justified, as it results in customers being out of funds for a long time for no fault of
theirs. Moreover, this delay can discourage customers from using ATMs.
Based on a review of the developments and with a view to further improve the efficiency of operations, it
has been decided as under:-
a. The time limit for resolution of customer complaints by the issuing banks shall stand reduced from 12
working days to 7 working days from the date of receipt of customer complaint.
Accordingly, failure to recredit the customer’s account within 7 working days of receipt of the complaint
shall entail payment of compensation to the customer @ ` 100/- per day by the issuing
bank. This compensation shall be credited to the customer’s account automatically without any claim from
the customer, on the same day when the bank affords the credit for the failed ATM
transaction.
b. Any customer is entitled to receive such compensation for delay, only if a claim is lodged with the
issuing bank within 30 days of the date of the transaction.
c. The number of free transactions permitted per month at other bank ATMs to Savings Bank account
holders shall be inclusive of all types of transactions, financial or non-financial.
the dispute resolution mechanism available with the system provider is permissible. This measure is
intended to bring down the instances of disputes in payment of compensation between the
- 29 -
Non-adherence to the provisions contained in para 5.12 (a) to (d) shall attract penalty as prescribed under
the Payment and Settlement Systems Act 2007 (Act 51 of 2007).
(i) ATM ID may be displayed clearly in the premises to make use of it while making a complaint /
suggestion
(ii) Information that complaints should be lodged at the branches where customers maintain accounts to
which ATM card is linked
(iii) Telephone numbers of help desk / contact persons of the ATM owning bank to lodge complaint / seek
assistance
(iv) Uniform Template (as given in Annexure V) for lodging of complaints relating to ATM transactions.
To improve the customer service through enhancement of efficiency in ATM operations, banks are
advised to initiate following action:
(i) Message regarding non-availability of cash in ATMs should be displayed before the transaction is
initiated by customer
(ii) Make available forms for lodging the complaints with name and phone number of the officials with
whom they have to be lodged
(iii) Make available sufficient toll-free phone numbers for lodging complaints / reporting and blocking lost
cards and also attend the requests on priority
(iv) Mobile numbers / e-mail IDs of the customers may be registered to send alerts
In case of complaints pertaining to a failed ATM transaction at other bank ATMs, the customer should
lodge a complaint with the card issuing bank even if the transaction was carried out at
5.14 Transactions at ATM-Procedural Amendment - Pin Validation for Every Successive Transaction
- 30 -
process flow. Security concerns arise in the case of certain type of card readers which facilitate multiple
transactions without the need for pin validation for every successive transaction.
The possibility of frauds / misuse of cards is very high in a scenario where the card is inserted in such
reader slots, the card holder fails to collect the card after the transaction is
completed and the card is misused. This risk can be eliminated to a great extent if, for every transaction,
the process flow demands pin validation. Hence each bank may ensure that the
process flow is modified to provide for the pin validation for every transaction, including balance enquiry
facilitated through ATM. Further, as an additional safety measure, banks are
advised that the time-out of sessions should be enabled for all screens / stages of ATM transaction
keeping in view the time required for such functions in normal course.
Non-adherence to the above provisions shall attract penalty as prescribed under the Payment and
Settlement Systems Act 2007 (Act 51 of 2007).
5.15 Security Issues and Risk mitigation measures- Online alerts to the cardholder for usage of
credit/debit cards
Banks were mandated to send online alerts to the cardholders for all Card Not Present (CNP)
transactions for the value of ` 5000/- and above. In view of the incidents of unauthorized /
fraudulent withdrawals at ATMs that came to the notice of RBI, banks were advised to put in place, latest
by June 30, 2011, a system of online alerts for all types of transactions
irrespective of the amount, involving usage of cards at various channels. This measure is expected to
encourage further usage of cards at various delivery channels. Banks should provide
easier methods (like SMS) for the customer to block his card and get a confirmation to that effect after
blocking the card.
5.16 Security Issues and Risk mitigation measures related to Card Not Present (CNP) transactions
Banks have been mandated to necessarily put in place additional factor of authentication/validation based
on information not visible on the cards for all on-line Card not Present (CNP)
of MOTO and SI transactions, it has been stated that in case of customer complaint regarding issues, if
any, arising
- 31 -
out of transactions effected without the additional factor of authentication after the stipulated date, the
issuer bank has to reimburse the loss to the customer further without demur.
The electronic modes of payment like RTGS, NEFT and IMPS have emerged as channel agnostic modes
of funds transfer. These have picked up to a large extent through the internet banking channel
and hence it is imperative that such delivery channels are also safe and secure. Some of the additional
measures that need to be introduced by the banks could be as follows :
(i) Customer induced options may be provided for fixing a cap on the value / mode of transactions /
beneficiaries. In the event of customer wanting to exceed the cap, an additional
(ii) Limit on the number of beneficiaries that may be added in a day per account could be considered.
(iv) Banks may put in place mechanism for velocity check on the number of transactions effected per day
/ per beneficiary and any suspicious operations should be subjected to alert within the
(v) Introduction of additional factor of authentication (preferably dynamic in nature) for such payment
transactions should be considered.
(vi) The banks may consider implementation of digital signature for large value payments for all
customers, to start with for RTGS transactions.
(vii) Capturing of Internet Protocol (IP) address as an additional validation check should be considered.
- 32 -
The practice of IBA fixing the benchmark service charges on behalf of member banks has been done
away with and the decision to prescribe service charges has been left to individual banks.
While fixing service charges for various types of services like charges for cheque collection, etc., banks
should ensure that the charges are reasonable and are not out of line with the
average cost of providing these services. Banks should also take care to ensure that customers with low
volume of activities are not penalised.
Banks should make arrangements for working out charges with prior approval of their Boards of Directors
as recommended above and operationalise them in their branches as early as possible.
In order to ensure fair practices in banking services, Reserve Bank of India had constituted a Working
Group to formulate a scheme for ensuring reasonableness of bank charges and to
incorporate the same in the Fair Practices Code, the compliance of which would be monitored by the
Banking Codes and Standards Board of India (BCSBI). Based on the recommendations of the
Group, action required to be taken by banks is indicated under the column 'action points for banks' in the
Annex I to this circular.
6.3.1 The Committee on Customer Service in Banks (Chairman: M. Damodaran) had observed that
foreclosure charges levied by banks on prepayment of home loans are resented upon by home loan
borrowers across the board especially since banks were found to be hesitant in passing on the benefits of
lower interest rates to the existing borrowers in a falling interest rate scenario.
As such, foreclosure charges are seen as a restrictive practice deterring the borrowers from switching
over to cheaper available source.
6.3.2 The removal of foreclosure charges/prepayment penalty on home loans will lead to reduction in the
discrimination between existing and new borrowers and competition among banks will
result in finer pricing of the floating rate home loans. Though many
- 33 -
decided that banks will not be permitted to charge foreclosure charges/pre-payment penalties on home
loans on floating interest rate basis, with immediate effect.
6.3.3 As per extant guidelines a fixed rate loan is one where the rate is fixed for entire duration of the loan.
Hence, the Dual Rate/Special Rate home loans sanctioned by banks cannot be
treated as fixed rate loans. In case of Dual Rate/ Special Rate home loans, the provisions of paragraph
6.3.1 above will be applicable from the date the rate of interest on the loan becomes
floating.
6.4 Levy of Foreclosure Charges / Pre-payment Penalty on Floating Rate Term Loans
Banks will not be permitted to charge foreclosure charges / pre-payment penalties on all floating rate term
loans sanctioned to individual borrowers.
Consequent to the levy of service charges for members under RTGS, banks cannot charge their
customers for outward RTGS remittances beyond the amounts stipulated below:
Outward transactions
With the introduction of Core Banking Solution (CBS), it is expected that customers of banks would be
treated uniformly at any sales or service delivery point. It is, however, observed that
some banks are discriminating against their own customers on the basis
- 34 -
of one branch being designated as the 'home' or 'base' branch where charges are not levied for products /
services and other branches of the same bank being referred to as 'non-home' branches
followed by some banks is contrary to the spirit of the Reserve Bank's guidelines on reasonableness of
bank charges. As 'Intersol' charges are charges levied by the bank to cover the cost of
extending services to customers by using the CBS / Internet / Intranet platform, the cost should be branch
/ customer agnostic in-principle. It is clarified that cash handling charges may not
Banks are advised to follow a uniform, fair and transparent pricing policy and not discriminate between
their customers at home branch and non-home branches. Accordingly, if a particular
service is provided free at home branch, the same should be available free at non home branches also.
There should be no discrimination as regards intersol charges between similar
transactions done by customers at home branch and those done at non-home branches.
Banks are required to put in place a system of online alerts for all types of transactions irrespective of the
amounts involving usage of cards at various channels.
Accordingly, with a view to ensuring reasonableness and equity in the charges levied by banks for
sending SMS alerts to customers, banks are advised to leverage the technology available with
them and the telecom service providers to ensure that such charges are levied on all customers on actual
usage basis.
Banks 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.
- 35 -
observe weekly holiday on a day other than Sunday or to function on Sundays in addition to the normal
working days, subject to observing normal working hours for public transactions referred
to in paragraph above.
In order to safeguard banks' own interest, a bank closing any of its offices on a day other than a public
holiday, will have to give due and sufficient notice to all the parties concerned who
are or are likely to be affected by such closure. Thus, in all the above cases, it is necessary for a bank to
give sufficient notice to the public/its customers of its intention. What is
sufficient or due notice is a question of fact, depending on the circumstances of each case. It is also
necessary to avoid any infringement of any other relevant local laws such as Shops and
Further, the provisions, if any, in regard to the banks' obligations, to the staff under the Industrial Awards /
Settlements, should be complied with. Clearing House authority of the place
The banks' branches in rural areas can fix the business hours (i.e. number of hours, as well as timings)
and the weekly holidays to suit local requirements. This may, however, be done subject
Commencement of employees’ working hours 15 minutes before commencement of business hours could
be made operative by banks at branches in metropolitan and urban centres. The banks 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.
- 36 -
Banks should ensure that no counter remains unattended during the business hours and uninterrupted
service is rendered to the customers. Further, the banks 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.
Banks 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:
Such non-cash transactions to be done during the extended business hours should be notified adequately
for information of the customers.
- 37 -
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
The concerned banks 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 business of
any of the branches are extended, the concerned clearing house should be informed.
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.
Time norms for specialised business transactions should be displayed predominantly in the banking hall.
The display of information by banks 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 banks and improves the level of customer
satisfaction.
Further, in order to promote transparency in the operations of banks, various instructions have been given
by RBI to banks towards display of various key aspects
- 38 -
such as service charges, interest rates, services offered, product information, time norms for various
banking transactions and grievance redressal mechanism. However, during the course of
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 commercial banks so as to rationalize them. Based on the recommendations of the
Working Group, the following instructions were issued to banks:
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
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 - II. 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. Banks are advised to display the information in the
Notice Boards of their Branches as per the format given for the Comprehensive Notice
Board.
While displaying the information in the notice board, banks 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 banks, yet the display
must be simple and readable.
- 39 -
(c) The language requirements (i.e., bilingual in Hindi speaking states and trilingual in other states) may
be taken into account.
information on the SSI loan products may be displayed as 'We offer SSI 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 banks should also display details such as ‘Name of the bank /
branch, Working Days, Working Hours and Weekly Off-days' outside the branch
premises.
8.3.2 Booklets/Brochures:
The detailed information as indicated in Para (E) of Annex II may be made available in various booklets /
brochures as decided by the bank. 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, banks 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.
8.3.3 Website
The detailed information as indicated in Para (E) of Annex II may also be made available on the bank’s
web-site. Banks should adhere to the broad guidelines relating to dating of material,
legibility, etc., while placing the same on their websites. In this context, banks are also advised to ensure
that the customers are able to easily access
- 40 -
the relevant information from the Home Page of the bank’s web-sites. Further, there are certain
information relating to service charges and fee and grievance redressal that are to be posted
Banks 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.
Banks 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
A format has been devised by Reserve Bank for display of information relating to 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 III. Banks are advised to display the information as per the
format given in Annex III on their web-sites. Banks are however free to modify the
format to suit their requirements, without impairing the basic structure or curtailing the scope of
disclosures.
Banks 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.
- 41 -
In order to enhance transparency in pricing of credit, based on the recommendations of Working Group
on Pricing of Credit, banks are advised to adhere to the following additional instructions
(a) Website:
i. Banks should display on their website the interest rate range of contracted loans for the past quarter for
different categories of advances granted to individual borrowers along with mean
ii. The total fees and charges applicable on various types of loans to individual borrower should be
disclosed at the time of processing of loan as well as displayed on the website of banks
for transparency and comparability and to facilitate informed decision making by customers.
iii. Banks should publish Annual Percentage Rate (APR) or such similar other arrangement of
representing the total cost of credit on a loan to an individual borrower on their websites so as
to allow customers to compare the costs associated with borrowing across products and/ or lenders.
Banks should provide a clear, concise, one page key fact statement/fact sheet, as per prescribed format
in Annex IX, to all individual borrowers at every stage of the loan processing as well
as in case of any change in any terms and conditions. The same may also be included as a summary box
to be displayed in the credit agreement.
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 banks. Some of the details, which could be at the minimum, be made
available for public viewing through websites of banks are listed below:-
- 42 -
I. Policy / Guidelines
Business
II. Complaints
(iii) Information relating to Customer Service Centres (for Public Sector Banks)
offered.
- 43 -
Banks should clearly delineate the procedure for disposal of loan proposals, with appropriate timelines,
and institute a suitable monitoring mechanism for reviewing applications pending
beyond the specified period. There should not, however, be any compromise on due diligence
requirements. Banks may also make suitable disclosures on the timelines for conveying credit
The facilities offered to pension account holders should be extended to the non-pension account holders
also who are sick / old / incapacitated and are not willing to open and operate joint
accounts.
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 bank 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 bank but is also not even able
to put his/her thumb impression on the cheque/withdrawal form due to certain
physical incapacity.
With a view to enabling the old / sick account holders operate their bank accounts, banks may follow the
procedure as under:-
- 44 -
(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 bank 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 bank should be asked to furnish his signature to the bank.
9.4 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 /
“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 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 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”.
- 45 -
Banks are advised to take necessary steps to provide all existing ATMs / future ATMs with ramps so that
wheel chair users / persons with disabilities can easily access them. Care may also be
taken to make arrangements in such a way that the height of the ATMs does not create an impediment in
their use by wheelchair users. However, in cases where it is impracticable to provide
such ramp facilities, whether permanently fixed to earth or otherwise, this requirement may be dispensed
with, for reasons recorded and displayed in branches or ATMs concerned.
Banks are also to take appropriate steps, including providing of ramps at the entrance of the bank
branches, wherever feasible, so that the persons with disabilities/wheel chair users can
enter bank branches and conduct business without difficulty. Banks are advised to report the progress
made in this regard periodically to their respective Customer Service Committee of the
In order to facilitate access to banking facilities by visually challenged persons, banks are advised to offer
banking facilities including cheque book facility / operation of ATM / locker,
In the Case No. 2791/2003, the Honourable Court of Chief Commissioner for Persons with Disabilities
had passed Orders dated September 5, 2005 which was forwarded by IBA to all the member
banks vide their circular letter dated October 20, 2005. In the above Order, the Honorable Court has
instructed that banks should offer all the banking
- 46 -
facilities including cheque book facility, ATM facility and locker facility to the visually challenged and also
assist them in withdrawal of cash.
risk in operating / using the said facility, as the element of risk is involved in case of other customers as
well.
Banks should therefore ensure that all the banking facilities such as cheque book facility including third
party cheques, ATM facility, Net banking facility, locker facility, retail loans,
credit cards etc., are invariably offered to the visually challenged without any discrimination.
Banks may also advise their branches to render all possible assistance to the visually challenged for
availing the various banking facilities.
Banks should make all new ATMs installed from July 1, 2014 as talking ATMs with Braille keypads. Banks
should lay down a road map for converting all existing ATMs as talking ATMs with Braille
keypads and the same may be reviewed from time to time by the Customer Service Committee of the
Board.
In addition to the above, magnifying glasses should also be provided in all bank branches for the use of
persons with low vision, wherever they require for carrying out banking transactions
with ease. The branches should display at a prominent place notice about the availability of magnifying
glasses and other facilities available for persons with disabilities.
11. Guidelines for the purpose of opening/ operating bank accounts of Persons with Autism, Cerebral
Palsy, Mental Retardation, Mental Illness and Mental Disabilities
The following guidelines would be applicable for the purpose of opening / operating bank accounts of the
above persons:
- 47 -
i. The Mental Health Act, 1987 provides a law relating to the treatment and care of mentally ill persons
and to make better provision with respect to their property and affairs. According to
the said Act, “mentally ill person” means a person who is in need of treatment by reason of any mental
disorder other than mental retardation. Sections 53 and 54 of this Act provide for the
ii. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999 provides a law relating to certain specified disabilities.
Clause (j) of Section 2 of that Act defines a “person with disability” to mean a person suffering from any of
the conditions relating to autism, cerebral palsy, mental retardation or a
combination of any two or more of such conditions and includes a person suffering from severe multiple
disabilities. This Act empowers a Local Level Committee to appoint a guardian, to a
person with disabilities, who shall have the care of the person and property of the disabled person.
iii. Banks are advised to take note of the legal position stated above and may rely on and be guided by
the orders/certificates issued by the competent authority, under the respective Acts,
appointing guardians/managers for the purposes of opening/operating bank accounts. In case of doubt,
care may be taken to obtain proper legal advice.
Banks may also ensure that their branches give proper guidance to their customers so that the
guardians/managers of the disabled persons do not face any difficulties in this regard.
under the National Trust for the Welfare of Persons with Autism,
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)
- 48 -
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
(or both). Banks are advised to strictly comply with the above orders of the Court.
12. Remittance
Banks 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 ₹ 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.
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
Banks should ensure that demand drafts of ` 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
Banks 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
- 49 -
banks or not. Bank's counter staff should not refuse to accept small denomination notes from the
customers (or non customers for issuance of the drafts).
The banks 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.
Duplicate draft, in lieu of lost draft, up to and including ` 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.
Banks 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, banks were 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.
Some doubts were raised 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.
In case of remittance through electronic funds transfer, originating banks should provide the option to the
customer to choose between RTGS system and NEFT system at the time of initiation of
the funds transfer. The option should be made available to all the
- 50 -
customers who may originate remittance either at the branch or through internet or any other means. The
funds are to be transferred necessarily through the option chosen by the customer.
Further, banks should allow the customers to choose NEFT also as one of the electronic modes of
making payment towards loan EMIs / repayments, etc.
All banks should put in place appropriate mechanism to ensure positive confirmation is sent to the
remittance originator confirming the successful credit of funds to the beneficiary’s account
when funds are transferred through NEFT. While it is expected that such confirmation messages are sent
as soon as the beneficiary account is credited, it should not exceed beyond end-of –
12.3.2 Payment of penal interest for delayed credit /refunds of NEFT transactions
In case of delay in crediting the beneficiary customer’s account or in returning the uncredited amount to
the remitter in case of NEFT, banks should pay penal interest. Under the extant
guidelines, banks are required to pay penal interest at the current RBI LAF Repo Rate plus two percent
for the period of delay / till the date of refund as the case may be to the affected
Under the NEFT Procedural Guidelines, banks are required to establish dedicated Customer Facilitation
Centres (CFCs) to handle customer queries/complaints regarding NEFT transactions. The
contact details of CFCs are available on websites of banks as well as the website of RBI for easy
availability to the customers. Further, banks have to keep the contact details of their CFCs,
set up to handle customer queries / complaints regarding NEFT transactions, updated at all times.
Changes, if any, should be advised by banks immediately to the National Clearing Cell,
Nariman Point, RBI for updating the central directory placed on RBI website. Banks should also ensure
that calls made / e-mails sent to CFCs are promptly attended to and sufficient resources
- 51 -
12.3.3 National / Regional Electronic Clearing Service (NECS / RECS) – Extension of service to
remaining branches
With a view to extend both NECS and RECS facility to the customers of all bank branches, the
participating banks are advised to make efforts in bringing all their branches under NECS/RECS.
To facilitate electronic modes of remittance and enhancing customer service at branches for NEFT
transactions, the participating banks are advised that staff should provide customers with
necessary assistance in filling out the details as required in the NEFT application form, including ensuring
that beneficiary account details etc. are duly filled in.
12.3.5 National Electronic Funds Transfer (NEFT) System - Rationalisation of customer charges
Maximum Customer charges that can be levied by the banks for NEFT transactions are as under:
12.3.6 NEFT - Customer Service and Charges - Adherence to Procedural Guidelines and Circulars
With a view to minimizing instances of customer complaints, all participant banks (both direct as well as
sub-members), are advised to ensure adherence to extant instructions as under:
Value Band
Amounts up to `10,000/-
` 2.50/-
` 5/-
` 15/-
` 25/-
- 52 -
NEFT application forms with proper instructions are made available at all branches.
The charges levied on customers for inter-bank NEFT transactions at both branch locations and
Customer Service Point (CSP)/Business Correspondent (BC) /agent locations are at par.
The extant charges applicable on NEFT transactions should be displayed at all branches / locations of
the bank where NEFT transactions can be conducted.
A printed “charges card” in appropriate vernacular language should invariably be carried by agents /
business correspondents of the banks.
Banks originating the NEFT transactions should ensure that the positive confirmation is relayed to all
remitting customers, including walk-in customers who provide their mobile number / e-
mail id.
Intimation of failed / returned transactions should also be brought to the notice of the remitting
customer and funds credited to the account immediately / returned to the remitter at the
earliest.
In case of delayed credits or delayed returns, the penal interest as applicable is paid suo-moto to the
customer. Even in the case of back-dating or value-dating such delayed transactions,
banks should pay the penal interest for the delayed period.
The transaction limit of ` 50,000/- per customer per day has been done away with for mobile banking
transactions. However, banks may place per transaction limits based on their own risk
In order to enable migrant population, who do not have access to formal banking channel for want of
proof of identity/address and to give impetus to the process of
- 53 -
financial inclusion, banks have been permitted to put in place three schemes for person to person (P2P)
fund transfers –
(a) Cash Pay-out scheme which facilitates transfer of funds from the accounts of their customers to
beneficiaries not having bank accounts through the use of ATMs, BCs etc. upto ` 10,000 per
transaction subject to a monthly cap of ` 25,000 with full details of the beneficiary.
(b) Cash Pay-in scheme where a walk-in / non-account holding customer can transfer funds to a bank
account of a beneficiary etc. upto ` 5000 per transaction with a monthly cap of ` 25,000
` 25,000.
Both the drop box facility and the facility for acknowledgement of the cheques at regular collection
counters should be available to the customers and no branch should refuse to give an
Banks should ensure that customers are not compelled to drop the cheques in the drop-box. Further, in
the context of customer awareness in this regard, banks should invariably display on the
cheque drop-box itself that "Customers can also tender the cheques at the counter and obtain
acknowledgment on the pay-in-slips". The above message is required to be displayed in English,
Banks are also advised to make absolutely fool proof arrangements accounting for the number of
instruments each time the box is opened so that there are no disputes and the customer’s
In most countries banks are obliged to develop their own individual policy / procedures relating to
collection of cheques and also provide due disclosures to the customers on the bank's
- 54 -
payment and settlement systems and the qualitative changes in operational systems and processes that
have been undertaken by a number of banks, it is observed that prescription of a single
set of rules may not be appropriate. Hence, efficiencies in collection of proceeds and providing funds to
customers in time are best achieved through a spirit of competition among the banks
for delayed collection have been withdrawn by Reserve Bank leaving it to the individual banks to
formulate policies in this regard.
Banks have been advised to reframe their Cheque Collection Policies to include compensation payable
for the delay in the collection of local cheques as well. In case, no rate is specified in
the CCP for delay in realisation of local cheques, compensation at savings bank interest rate should be
paid for the corresponding period of delay.
With a view to encouraging faster migration to CTS-2010 standard cheques, banks are advised that non
CTS-2010 standard instruments will be cleared at less frequent intervals in the CTS
clearing centres. Banks may educate and notify their customers of the likely delay in realisation of non-
CTS-2010 standard instruments in view of the arrangement for clearing of such
instruments at less frequent intervals. Banks’ Cheque Collection Policies (CCPs) may also be modified
suitably to reflect this change. They may also put in place appropriate arrangement for
(i) Banks should formulate a comprehensive and transparent policy covering all the above three aspects,
taking into account their technological capabilities, systems and
- 55 -
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.
(v) The policy should clearly lay down the liability of the banks 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 Bank along with Reserve Bank's earlier instructions
as indicated in paragraph 3.2 and the Board's specific approval should be obtained on
the reasonableness of the policy and the compliance with the spirit of our guidelines.
Banks are advised to comply with the final order on 'timeframe for collection of outstation cheques'
passed by the National Consumer Disputes Redressal Commission in case no. 82 of 2006.
(i) Banks shall reframe their Cheque Collection Policies (CCPs) covering local and outstation cheque
collection as per the timeframe prescribed by the Commission.
(ii) For local cheques, credit and debit shall be given on the same day or at the most the next day of their
presentation in clearing. Ideally, in respect of local clearing, banks shall
permit usage of the shadow credit afforded to the customer accounts immediately after
- 56 -
closure of relative return clearing and in any case withdrawal shall be allowed on the same day or
maximum within an hour of commencement of business on the next working day, subject to usual
safeguards.
(iii) Timeframe for collection of cheques drawn on State Capitals / major cities / other locations to be
7/10/14 days respectively. If there is any delay in collection beyond this period,
interest at the rate specified in the CCP of the bank, shall be paid. In case the rate is not specified in the
CCP, the applicable rate shall be the interest rate on Fixed Deposits for the
(iv) Banks shall not decline to accept outstation cheques deposited by its customers for collection.
(v) Banks shall give wide publicity to the CCP by prominently displaying salient features thereof in bold
and visible letters on the notice board at their branches.
(vi) A copy of the complete CCP shall be made available by the branch manager, if the customers require
so.
14.1.3 Collection of Account Payee Cheque - Prohibition on Crediting Proceeds to Third Party Account
a) In consonance with the legal requirements and in particular, the intent of the Negotiable Instruments
Act, 1881 and with a view to protect the banks being burdened with liabilities arising
out of unauthorized collections, and in the interest of the integrity and soundness of the payment and
banking systems, and in order to prevent recurrence of deviations observed in the recent
past, the Reserve Bank has considered it necessary to prohibit the banks from crediting 'account payee'
cheque to the account of any person other than the payee named therein. Accordingly,
banks were directed that they should not collect account payee cheques for any person other than the
payee constituent.
Where the drawer / payee instructs the bank to credit the proceeds of collection to any account other than
that of the payee, the instruction being contrary to the intended
- 57 -
inherent character of the 'account payee' cheque, bank should ask the drawer / payee to have the cheque
or the account payee mandate thereon withdrawn by the drawer. This instruction would
also apply with respect to the cheque drawn by a bank payable to another bank.
b) In order to facilitate collection of cheques from a payment system angle, account payee cheques
deposited with the sub-member for credit to their customers' account can be collected by the
member bank (referred to as the sponsor member) of the Clearing House. Under such arrangements,
there should be clear undertaking to the effect that the proceeds of the account payee cheque
consider collecting account payee cheques drawn for an amount not exceeding ` 50,000/- to the account
of their customers who are co-operative credit societies, if the payees of such cheques
are the constituents of such co-operative credit societies. While collecting the cheques as aforesaid,
banks should have a clear representation in writing given by the co-operative credit
societies concerned that, upon realization, the proceeds of the cheques will be credited only to the
account of the member of the co-operative credit society who is the payee named in the
cheque. This shall, however, be subject to the fulfillment of the requirements of the provisions of
Negotiable Instruments Act, 1881, including Section 131 thereof.
d) Banks may note that the above instructions shall also extend to drafts, pay orders and bankers’ cheque.
With effect from April 1, 2012, banks should not make payment of cheques/drafts/pay orders/banker’s
cheques bearing that date or any subsequent date, if they are presented beyond the period
of three months from the date of such instrument. Banks should ensure strict compliance of these
directions and notify the holders of such instruments of the change in practice by printing or
stamping on the cheque leaves, drafts, pay orders and banker’s cheques issued on or after April 1, 2012,
by issuing
- 58 -
suitable instruction for presentment within the period of three months from the date of the instrument.
Banks 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 bank
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 /
(ii) The onus of such loss lies with the collecting banker and not the accountholder.
(iii) The banks 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
Banks are advised to incorporate the above guidelines in their Cheque Collection Policies.
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.
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)
- 59 -
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 attributing to the drawee's bank, the lodger's bank may recover interest for such
delay from that bank. The banks may suitably revise the format of their payment
14.3.2 Delay in Re-presentation of Technical Return Cheques and Levy of Charges for such Returns:
Banks have been advised to levy cheque return charges only in cases where the customer is at fault and
is responsible for such returns. The illustrative, but not exhaustive, list of returns,
in the immediate next presentation clearing not later than 24 hours(excluding holidays) with due
notification to the customers of such representation through SMS alert, email etc.
(i) Banks 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) Pursuant to the investigation by the Joint Parliamentary Committee (JPC) into the Stock Market Scam,
the JPC has recommended (in paragraph 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.
(iii) It is understood 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
- 60 -
dishonoured instruments for want of funds, banks may follow the additional instructions laid down in
paragraph 15.2 below which could cover all cheques dishonoured on account of insufficient
funds and not only those relating to settlement transactions of Stock Exchanges.
(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.
(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).
Data in respect of each dishonoured cheque for amount of ` 1 crore and above should be made part of
bank's MIS on constituents and concerned branches should report such data to their
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.
- 61 -
(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
(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.
15.5 Dealing with frequent dishonour of cheques of value of less than ` 1 crore
Since frequent dishonour of cheques of value of less than ` 1 crore is also a matter of concern, it is felt
that banks 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
Banks are therefore advised to have a Board approved policy for dealing with frequent dishonour of
cheques of value of less than ` 1 crore. The policy should also deal with matters relating
- 62 -
15.6 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, banks should
extend full co-operation, and should furnish him/her documentary proof of fact of dishonour of
cheques.
(ii) Banks should place before their Audit/ Management Committee, every quarter, consolidated data in
respect of the matters referred to above.
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
Complaints/suggestions box should be provided at each office of the bank. Further, at every office of the
bank a notice requesting the customers to meet the branch manager may be displayed
Complaint book with perforated copies in each set may be introduced, so designed as to instantly provide
an acknowledgement to the customers and anintimation to the Controlling Office.
- 63 -
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
Controlling Office of the bank along with the remark of the Branch Manager within a time
frame. Bank should introduce the complaint book as per the above format for uniformity.
All bank's 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.
Banks having computerized operations may adopt the afore-said format and generate copies
electronically.
Further, a complaint form, along with the name of the Nodal Officer for complaint redressal, may be
provided in the homepage itself to facilitate complaint submission by customers. The
complaint form should also indicate that the first point for redressal of complaints is the bank itself and
that complainants may approach the Banking Ombudsman only if the complaint is not
resolved at the bank 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 bank to whom
complaints can be addressed may also be given prominently.
- 64 -
The Committee on Procedures and Performance Audit on Public Services (CPPAPS) had recommended
that banks should place a statement before their Boards analyzing the complaints received. CPPAPS
had further recommended that the Statement of complaints and its analysis should also be disclosed by
banks along with their financial results. Further, a suggestion has been received that
unimplemented awards of the Banking Ombudsman should also be disclosed along with financial results.
Banks should place a statement of complaints before their Boards / Customer Service Committees along
with an analysis of the complaints received. The complaints should be analyzed (i) to
identify customer service areas in which the complaints are frequently received; (ii) to identify frequent
sources of complaint; (iii) to identify systemic deficiencies; and (iv) for
Further, banks are also advised to disclose the following brief details along with their financial results:
A. Customer Complaints
year
- 65 -
Further, banks are also advised to place the detailed statement of complaints and its analysis on their
web-site for information of the general public at the end of each financial year. Banks
should include all complaints pertaining to ATM cards issued by them in their disclosures.
Banks 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
(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.
(v) Prominently display at the branches, the names of the officials who can be
contacted for redressal of complaints, together with their direct telephonenumber, 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
(vii) Banks should display on their web-sites, the names and other details of the officials at their Head
Office / Regional Offices / Zonal Offices who can be contacted for redressal of
complaints including the names of the Nodal Officers / Principal Nodal Officers.
- 66 -
(viii) Further, banks should also display on their web-sites, the names and other details of their CMD /
CEO and also Line Functioning Heads for various operations to enable their customers
Further, as stated above in Paragraph 16.4, banks are 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 banks and their branches to redress the complaints within
Where the complaints are not redressed within one month, the concerned branch / Controlling Office
should forward a copy of the same to the concerned Nodal Officer under the Banking Ombudsman
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.
Banks should give wide publicity to the grievance redressal machinery through advertisements and also
by placing them on their web sites.
With a view to making the Grievance Redressal Mechanism more effective, in addition to the instructions
mentioned above, banks are further advised as under:
- 67 -
i) Ensure that the Principal Nodal Officer appointed under the Banking Ombudsman Scheme is of a
sufficiently senior level, not below the rank of a General Manager.
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 Education and Protection Department, Reserve Bank of India, Central Office,
Banks 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
Banks 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.
- 68 -
At larger branches and at such of the branches where there are a large number of complaints, the banks
may consider appointing Public Relations Officers /Liaison Officers for looking
The banks 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 congestions in the banking premises should be examined by the bank’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.
With a view to further boosting the quality of customer service and ensuring that there is undivided
attention to resolution of customer complaints in banks, all public sector banks, and some
private sector and foreign banks (Annex X) have been advised to appoint an internal ombudsman
designated as Chief Customer Service Officer (CCSO). These banks have been selected on the basis
customers for grievance redressal before they can even approach the Banking Ombudsman.
Banks 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
- 69 -
to already established concern/s resulting in erroneous and unwanted debit of drawers’ accounts, banks
should remain vigilant to avoid such lapses and issue necessary instructions to the
branches / staff.
Besides in cases of the above kind, banks 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 banks are at fault, the banks should
compensate customers without demur, and (iii) in cases where neither the bank is at
fault nor the customer is at fault but the fault lies elsewhere in the system, then also the banks should
compensate the customers (up to a limit) as part of a Board approved customer
relations policy.
by the Bank on various issues relating to safe deposit lockers / safe custody articles. The following
guidelines supersede all the guidelines issued earlier in this regard.
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 banks are advised to refrain from such restrictive
practices.
Banks may face situations where the locker-hirer neither operates the locker nor pays rent. To ensure
prompt payment of locker rent, banks may at the time of allotment,
- 70 -
obtain a Fixed Deposit which would cover 3 years rent and the charges for breaking open the locker in
case of an eventuality. However, banks should not insist on such Fixed Deposit from the
existing locker-hirers.
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
Banks should give a copy of the agreement regarding operation of the locker to the locker-hirer at the
time of allotment of the locker.
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.
In a recent incident, explosives and weapons were found in a locker in a bank branch. This emphasizes
that banks should be aware of the risks involved in renting safe deposit lockers. In this
(i) Banks 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.
- 71 -
(ii) Where the lockers have remained unoperated for more than three years for medium risk category or
one year for a higher risk category, banks 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, banks 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., banks may allow the locker hirer to continue with the locker. In case the locker-hirer
does not respond nor operate the locker, banks should consider opening the
lockers after giving due notice to him. In this context, banks should incorporate a clause in the locker
agreement that in case the locker remains unoperated for more than one year, the bank
(iii) Banks should have clear procedure drawn up in consultation with their legal advisers for breaking
open the lockers and taking stock of inventory.
Banks 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.
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.
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.
- 72 -
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.
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.
19.1.3 Nomination facilities in respect of safe deposit locker / safe custody articles
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
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
- 73 -
of Sections 45ZC (3) and 45ZE (4) of the Banking Regulation Act, 1949 has specified the formats for the
purpose.
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, banks may
devise their own claim formats or follow the procedure, if any, suggested by the Indian Banks' Association
for the purpose.
Banks may extend the nomination facility also in respect of deposits held in the name of a sole proprietary
concern.
Banks should give wide publicity and provide guidance to deposit account holders on the benefits of
nomination facility and the survivorship clause. Despite the best efforts in this regard,
In a case which came up before the Allahabad High Court, the Honourable Court has observed that "it will
be most appropriate that the Reserve Bank of India issues guidelines to the effect
and children, who are dragged on long drawn proceedings in the Court for claiming the amount, which
lawfully belongs to them".
Keeping in view the above, banks should generally insist that the person opening a deposit account
makes a nomination. In case the person opening an account declines to fill in nomination,
the bank should explain the advantages of nomination facility. If the person opening the account still does
not want to nominate, the bank should ask him to give a specific letter to the
effect that he does not want to make a nomination. In case the person opening the account declines to
give such a letter, the bank should record the fact on the account opening form and
proceed with opening of the account if otherwise found eligible. Under no circumstances, a bank should
refuse to open an account solely on the ground that the person opening the account
refused to nominate.
- 74 -
It was observed that some banks do not have the system of acknowledging the receipt of the duly
completed form of nomination, cancellation and / or variation of the nomination. Further, in
some banks, although there is a system of acknowledgement of nomination as provided in the Savings
Bank account opening form, such acknowledgements are actually not given to the customers. In
this connection, banks are aware that in terms of Rules 2 (9), 3 (8) and 4 (9) of the Banking Companies
Nomination (Rules), 1985, they are required to acknowledge in writing to the depositor
(s) / locker hirers (s) the filing of the relevant duly completed Form of nomination, cancellation and / or
variation of the nomination.
Banks should therefore strictly comply with the provisions of Banking Regulation Act, 1949 and Banking
Companies (Nomination) Rules, 1985 and devise a proper system of acknowledging the
In terms of Rules 2 (10), 3 (9) and 4 (10) of the Banking Companies (Nomination) Rules, 1985 banks are
required to register in its books the nomination, cancellation and / or variation of the
nomination. The banks should accordingly take action to register nominations or changes therein, if any,
made by their depositor(s) / hirers.
When a bank account holder has availed himself of nomination facility, the same may be indicated on the
passbook so that, in case of death of the account holder, his relatives can know from
the pass book that the nomination facility has been availed of by the deceased depositor and take
suitable action. Banks may, therefore, introduce the practice of recording on the face of the
passbook the position regarding availment of nomination facility with the legend "Nomination Registered".
This may be done in the case of term deposit receipts also.
- 75 -
Further, banks are advised that in addition to the legend “Nomination Registered”, they should also
indicate the name of the Nominee in the Pass Books / Statement of Accounts / FDRs, in case
19.6 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
(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
- 76 -
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.
(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) 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
(iii) 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.
- 77 -
(i) The nomination facility is intended to facilitate expeditious settlement of claims in the accounts of
deceased depositors and to minimise hardship caused to the family members on the
death of the depositors. The banks should endeavour to drive home to their constituents the benefit of
nomination facilities and ensure that the message reaches all the constituents by taking
all necessary measures for popularising the nomination facility among their constituents.
(ii) Banks should give wide publicity and provide guidance to deposit account holders on the benefits of
the nomination facility and the survivorship clause. Illustratively, it should be
highlighted in the publicity material that in the event of the death of one of the joint account holders, the
right to the deposit proceeds does not automatically devolve on the surviving
(iv) Unless the customers prefer not to nominate (this may be recorded without giving scope for
conjecture of non-compliance), nomination should be a rule, to cover all other existing and new
accounts.
(v) To popularise the nomination facility, publicity may be launched, including printing compatible
message on cheque books, pass-book and any other literature reaching the customers as well
as launching periodical drives. The methodology which the banks may like to adopt for this purpose may
vary. However, one of the banks has devised a small slip indicating the availability of
nomination facility and the slip is inserted in the cheque books and pass books and in current account
statements. A specimen format of the slip is given below :-
- Deposits
- Safe Custody
- 78 -
The availability of the above facility may also be indicated on the cheque/pass books.
Simplification of procedure
Banks should adhere to the provisions of Sections 45 ZA to 45 ZF of the Banking Regulation Act, 1949
and the Banking Companies (Nomination) Rules, 1985.
("either or survivor", or "anyone or survivor", or "former or survivor" or "latter or survivor"), the payment of
the balance in the deposit account to the survivor(s)/nominee of a deceased
deposit account holder represents a valid discharge of the bank's liability provided :
(a) the bank has exercised due care and caution in establishing the identity of the survivor(s) / nominee
and the fact of death of the account holder, through appropriate documentary
evidence;
(b) there is no order from the competent court restraining the bank from making the payment from the
account of the deceased; and
(c) it has been made clear to the survivor(s) / nominee that he would be receiving the payment from the
bank as a trustee of the legal heirs of the deceased depositor, i.e., such payment to
him shall not affect the right or claim which any person may have against the survivor(s) / nominee to
whom the payment is made.
20.1.2 It may be noted that since payment made to the survivor(s) / nominee, 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 and would, therefore, invite serious
- 79 -
making payment to the survivor(s) / nominee of the deceased depositor, 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, irrespective of the amount
standing to the credit of the deceased account holder.
In case where the deceased depositor had not made any nomination or for the accounts other than those
styled as "either or survivor" (such as single or jointly operated accounts), banks are
this context, banks may, keeping in view their risk management systems, fix a minimum threshold limit,
for the balance in the account of the deceased depositors, up to which claims in respect
of the deceased depositors could be settled without insisting on production of any documentation other
than a letter of indemnity.
In the case of term deposits, banks are required to incorporate a clause in the account opening form itself
to the effect that in the event of the death of the depositor, premature
termination of term deposits would be allowed. The conditions subject to which such premature
withdrawal would be permitted may also be specified in the account opening form. Such premature
In order to avoid hardship to the survivor(s) / nominee of a deposit account, banks should obtain
appropriate agreement / authorization from the survivor(s) / nominee with regard to the
treatment of pipeline flows in the name of the deceased account holder. In this regard, banks could
consider adopting either of the following two approaches:
The bank could be authorized by the survivor(s) / nominee of a deceased account holder to open an
account styled as 'Estate of Shri ________________, the Deceased'
- 80 -
where all the pipeline flows in the name of the deceased account holder could be allowed to be credited,
provided no withdrawals are made.
OR
The bank could be authorized by the survivor(s) / nominee to return the pipeline flows to the remitter with
the remark "Account holder deceased" and to intimate the survivor(s) / nominee
accordingly. The survivor(s) / nominee / legal heir(s) could then approach the remitter to effect payment
through a negotiable instrument or through ECS transfer in the name of the
appropriate beneficiary.
(ii) two or more joint depositors, where one of the depositors has died,
the criterion for payment of interest on matured deposits in the event of death of the depositor in the
above cases has been left to the discretion of individual banks subject to their Board
In the case of balances lying in current account standing in the name of a deceased individual
depositor/sole proprietorship concern, interest should be paid only from 1st May, 1983, or from
the date of death of the depositor, whichever is later, till the date of repayment to the claimant/s at the
rate of interest applicable to savings deposit as on the date of payment.
Banks should settle the claims in respect of deceased depositors and release payments to survivor(s) /
nominee(s) within a period not exceeding 15 days from the date of receipt of the claim
subject to the production of proof of death of the depositor and suitable identification of the claim(s), to the
bank's satisfaction.
Banks should report to the Customer Service Committee of the Board, at appropriate intervals, on an
ongoing basis, the details of the number of claims received pertaining to deceased
depositors / locker-hirers / depositors of safe custody article accounts and those pending beyond the
stipulated period, giving reasons therefor.
- 81 -
With a view to facilitate timely settlement of claims on the death of a depositor, banks are advised to
provide claim forms for settlement of claims of the deceased accounts, to any person/s
who is/are approaching the bank / branches for forms. Claim forms may also be put on the bank’s website
prominently so that claimants of the deceased depositor can access and download the
forms without having to visit the concerned bank/branch for obtaining such forms for filing claim with the
bank.
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
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:
21.1 Access to the safe deposit lockers / return of safe custody articles (with survivor/nominee clause)
21.1.1 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.
- 82 -
21.1.2 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
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
21.1.3 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).
21.2 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
- 83 -
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.
Notification DBOD.NO.Leg.BC.38/ C.233A-85 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 IV of this Circular.
21.3.2 Banks 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
21.3.3. 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).
As per the direction of Reserve Bank, the Indian Banks' Association (IBA) has formulated a Model
Operational Procedure (MOP) for settlement of claims of the deceased constituents, under
various circumstances, consistent with the instructions contained in this circular, for adoption by the
banks. The banks should, therefore, undertake a comprehensive review of their extant
systems and procedures relating to settlement of claims of their deceased constituents (i.e., depositors /
locker-hirers / depositors of safe-custody articles) with a view to evolving a
simplified policy / procedures for the purpose, with the approval of their Board, taking into account the
applicable statutory provisions, foregoing instructions as also the MOP formulated by
the IBA.
- 84 -
Banks should place on their websites the instructions along with the policies / procedures put in place for
giving access of the locker / safe custody articles to the nominee(s) / survivor(s)
Banks should view these instructions as very critical element for bringing about significant improvement in
the quality of customer service provided to survivor(s) / nominee(s) of deceased
Banks are advised to follow the following system in case a claim is received from a nominee / legal heirs
for settlement of claim in respect of missing persons :-
The settlement of claims in respect of missing persons would be governed by the provisions of Section
107 / 108 of the Indian Evidence Act, 1872. Section 107 deals with presumption of
continuance and Section 108 deals with presumption of death. As per the provisions of Section 108 of the
Indian Evidence Act, presumption of death can be raised only after a lapse of seven
years from the date of his/her being reported missing. As such, the nominee / legal heirs have to raise an
express presumption of death of the subscriber under Section 107/108 of the Indian
Evidence Act before a competent court. If the court presumes that he/she is dead, then the claim in
respect of a missing person can be settled on the basis of the same.
Banks are advised to formulate a policy which would enable them to settle the claims of a missing person
after considering the legal opinion and taking into account the facts and
circumstances of each case. Further, keeping in view the imperative need to avoid inconvenience and
undue hardship to the common person, banks are advised that keeping in view their risk
management systems, they may fix a threshold limit, up to which claims in respect of missing persons
could be settled without insisting on production of any documentation other than (i) FIR
and the non-traceable report issued by police authorities and (ii) letter of indemnity.
- 85 -
for Registration of Death of Missing persons in Natural Calamities affected areas in Uttarakhand vide its
circular F.No.1/2/(Uttarakhand)/2011-VS-CRS dated August 16, 2013 (MHA Circular). A
copy of MHA Circular is furnished at Annex VIII for reference. The MHA Circular has devised detailed
procedure for registration and issue of ‘Death Certificate’ of a person reportedly missing
In view of the above, banks are advised to settle the claims in respect of missing persons, covered by
MHA Circular, without insisting on production of any documentation other than (i) the
‘Death Certificate’ issued by the Designated Officer under MHA Circular and (ii) letter of indemnity.
Banks are further advised that the provisions detailed in Para 22.1 above on ‘Settlement of claims in
respect of missing persons’ would be applicable in other cases which are not covered by
MHA Circular.
Banks had represented that the principle of not obtaining succession certificates etc., could be extended
for settlement of claims in respect of other assets of deceased customers including
securities held against advances after adjustment thereof. Banks are advised not to insist upon legal
representation for release of other assets of deceased customers irrespective of the
amount involved.
Banks may, however, call for succession certificates from legal heirs of deceased borrowers in cases
where there are disputes and all legal heirs do not join in indemnifying the bank or in
certain other exceptional cases where the bank has a reasonable doubt about the genuineness of the
claimant/s being the only legal heir/s of the borrower.
- 86 -
form and manner to the Reserve Bank of India as at the end of each calendar year (i.e., 31st December)
of all accounts in India which have not been operated upon for 10 years.
24.2 In view of the increase in the amount of the unclaimed deposits with banks year after year and the
inherent risk associated with such deposits, banks should play a more pro-active role
in finding the whereabouts of the account holders whose accounts have remained inoperative. Further
several complaints were received in respect of difficulties faced by the customers on
account of their accounts having been classified as inoperative. Moreover, there is a feeling that banks
are undeservedly enjoying the unclaimed deposits, while paying no interest on it.
Keeping these factors in view, the instructions issued by RBI have been reviewed and banks are advised
to follow the instructions detailed below while dealing with inoperative accounts:
(i) Banks should make an annual review of accounts in which there are no operations (i.e., no credit or
debit other than crediting of periodic interest or debiting of service charges) for
more than one year. The banks may approach the customers and inform them in writing that there has
been no operation in their accounts and ascertain the reasons for the same. In case the non-
operation in the account is due to shifting of the customers from the locality, they may be asked to provide
the details of the new bank accounts to which the balance in the existing account
could be transferred.
(ii) If the letters are returned undelivered, they may immediately be put on enquiry to find out the
whereabouts of customers or their legal heirs in case they are deceased.
(iii) In case the whereabouts of the customers are not traceable, banks should consider contacting the
persons who had introduced the account holder. They could also consider contacting the
employer / or any other person whose details are available with them. They could also consider
contacting the account holder telephonically in case his Telephone number / Cell number has been
- 87 -
(iv) A savings as well as current account should be treated as inoperative / dormant if there are no
transactions in the account for over a period of two years.
(v) In case any reply is given by the account holder giving the reasons for not operating the account,
banks should continue classifying the same as an operative account for one more year
within which period the account holder may be requested to operate the account. However, in case the
account holder still does not operate the same during the extended period, banks should
classify the same as inoperative account after the expiry of the extended period.
(vi) For the purpose of classifying an account as ‘inoperative’ both the type of transactions i.e., debit as
well as credit transactions induced at the instance of customers as well as third
party should be considered. However, the service charges levied by the bank or interest credited by the
bank should not be considered.
(vii) There may be instances where the customer has given a mandate for crediting the interest on Fixed
Deposit account and/or crediting dividend on shares to the Savings Bank account and
there are no other operations in the Savings Bank account. Since the interest on Fixed Deposit account
and/or dividend on shares is credited to the Savings Bank accounts as per the mandate of
the customer, the same should be treated as a customer induced transaction. As such, the account
should be treated as operative account as long as the interest on Fixed Deposit account and/or
dividend on shares is credited to the Savings Bank account. The Savings Bank account can be treated as
inoperative account only after two years from the date of the last credit entry of the
interest on Fixed Deposit account and/or dividend on shares, whichever is later, provided there is no
other customer induced transaction.
(viii) Further, the segregation of the inoperative accounts is from the point of view of reducing risk of
frauds etc. However, the customer should not be inconvenienced in any way, just
because his account has been rendered inoperative. The classification is there only to bring to the
attention of dealing staff, the increased risk in the account. The transaction may be
- 88 -
fraud and making a Suspicious Transactions Report. However, the entire process should remain un-
noticeable by the customer.
(ix) Operation in such accounts may be allowed after due diligence as per risk category of the customer.
Due diligence would mean ensuring genuineness of the transaction, verification of the
signature and identity etc. However, it has to be ensured that the customer is not inconvenienced as a
result of extra care taken by the bank.
(x) There should not be any charge for activation of inoperative account.
(xi) Banks are also advised to ensure that the amounts lying in inoperative accounts ledger are properly
audited by the internal auditors / statutory auditors of the bank.
(xii) Interest on savings bank accounts should be credited on regular basis whether the account is
operative or not. If a Fixed Deposit Receipt matures and proceeds are unpaid, the amount
left unclaimed with the bank will attract savings bank rate of interest.
24.3 Banks may also consider launching a special drive for finding the whereabouts of the customers /
legal heirs in respect of existing accounts which have already been transferred to the
24.4 Display list of Inoperative Accounts: Banks should, in addition to the instructions contained above,
play a more pro-active role in finding the whereabouts of the accountholders of
unclaimed deposits/ inoperative accounts. Banks are, therefore, advised that they should display the list
of unclaimed deposits/inoperative accounts which are inactive / inoperative for ten
years or more on their respective websites. The list so displayed on the websites must contain only the
names of the account holder(s) and his/her address in respect of unclaimed
deposits/inoperative accounts. In case such accounts are not in the name of individuals, the names of
individuals authorized to operate the accounts should also be indicated. However, the
account number, its type and the name of the branch shall not be disclosed on the bank’s website. The
list so published by the banks should also provide a “Find” option to enable the public
- 89 -
Banks should also give on the same website, the information on the process of claiming the unclaimed
deposit/activating the inoperative account and the necessary forms and documents for
claiming the same. Banks are required to have adequate operational safeguards to ensure that the
claimants are genuine.
With a view to further strengthen the regulatory framework for inoperative accounts and unclaimed
deposits, banks are advised to put in place a Board approved policy on classification of
unclaimed deposits; grievance redressal mechanism for quick resolution of complaints; record keeping;
and periodic review of such accounts. The first periodic review of unclaimed
deposits/inoperative accounts should be put up to their respective bank Boards by September 30, 2012.
24.6 Treatment of certain savings bank accounts opened for credit of Scholarship amounts and credit of
Direct Benefit Transfer under Government Schemes
State and Central Governments have expressed difficulties in crediting cheques/Direct Benefit
Transfer/Electronic Benefit Transfer/Scholarships for students, etc. into accounts/Accounts with
zero balance opened for the beneficiaries under various Central/State Government schemes but had
been classified as dormant/inoperative due to non-operation of the account for over two years.
Keeping the above in view, banks are advised that they may allot a different “product code” in their CBS
to all such accounts opened by banks so that the stipulation of inoperative/dormant
account due to non-operation does not apply while crediting proceeds as mentioned above.
In order to reduce the risk of fraud etc., in such accounts, while allowing operations in these accounts,
due diligence should be exercised by ensuring the genuineness of transactions,
verification of signature and identity, etc. However, it has to be ensured that the customer is not
inconvenienced in any manner.
- 90 -
24.7 Treatment of accounts opened for credit of Scholarship Amounts under Government Schemes
technical institutions. Resultantly, in cases where scholarship amounts exceed the credit limit, banks do
not allow the credit and return the amount to the disbursement account of the
Government. Further, in some cases banks are reported to have closed zero balance accounts
unilaterally without intimating student beneficiaries concerned. Instances of banks refusing to open
zero balance account for students have also been brought to our notice.
As directed by the Bombay High Court, banks are advised to ensure that accounts of all student
beneficiaries under the various Central/State Government Scholarship Schemes are free from
The scope of the secrecy law in India has generally followed the common law principles based on implied
contract. The bankers' obligation to maintain secrecy arises out of the contractual
relationship between the banker and customer, and as such no information should be divulged to third
parties except under circumstances which are well defined. The following exceptions to the
(iv) Where the disclosure is made with the express or implied consent of the customer.
At the time of opening of accounts of the customers, banks collect certain information. While complying
with the above requirements, banks also collect a lot of additional personal
information.
- 91 -
of services of various products by banks, their subsidiaries and affiliates. Sometimes, such information
was also provided to other agencies. As banks are aware, the information provided by
the customer for KYC compliance while opening an account is confidential and divulging any details
thereof for cross selling or any other purpose would be in breach of customer
confidentiality obligations. Banks should treat the information collected from the customer for the purpose
of opening of account as confidential and not divulge any details thereof for cross
selling or any other purposes. Banks may, therefore, ensure that information sought from the customer is
relevant to the perceived risk, is not intrusive, and is in conformity with the
Wherever banks desire to collect any information about the customer for a purpose other than KYC
requirements, it should not form part of the account opening form. Such information may be
collected separately, purely on a voluntary basis, after explaining the objectives to the customer and
taking his express approval for the specific uses to which such information could be
put. Banks should therefore, instruct all the branches to strictly ensure compliance with their obligations to
the customer in this regard.
26.1 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
26.2 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.
- 92 -
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.
Banks 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.
There is a need for greater co-ordination between the income-tax department and the banking system. As
such banks should extend necessary help/co-ordination to tax officials whenever
required. Further, banks 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.
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.
30. Miscellaneous
In predominantly residential areas banks may keep their branches open for business on Sundays by
suitably adjusting the holidays.
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
Clean overdrafts for small amounts may be permitted at the discretion of branch manager to customers
whose dealings have been satisfactory. Banks may work out schemes in this regard.
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, banks should ensure
that cheques/drafts issued by clients containing fractions of a rupee are not rejected or dishonoured by
them.
31. 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, banks may examine the
recommendations which have relevance in the present day banking and continue to implement them.
Banks may consider submitting periodically to their Customer Service Committee of the Board a
Background
In November 2003, Reserve Bank of India (RBI) constituted the Committee on Procedures and
Performance Audit of Public Services under the Chairmanship of Shri S.S.Tarapore (former Deputy
Governor) to address the issues relating to availability of adequate banking services to the common
person. The mandate to the Committee included identification of factors that inhibited the
attainment of best customer services and suggesting steps to improve the quality of banking
services to individual customers. The Committee felt that in an effort to continuously upgrade the
package of services that banks offered to their customers, there was a need for benchmarking of
such services. After an in-depth study at the grass-roots level, the Committee concluded that there
was an institutional gap for measuring the performance of banks against a bench mark reflecting
the best practices (Code and Standards). Therefore, the Committee recommended setting up of the
Banking Codes and Standards Board of I ndia (BCSBI). BCSBI was set up to ensure that the
The Scheme of Banking Ombudsman, which has been functioning for quite some time, does not
look into systemic issues with a view to enforcing a prescribed quality of service. Ideally, such a
function should be performed by a Self-Regulatory Organisation (SRO) but in view of the existing
framework of the banking sector in India, it was felt that an independent, autonomous Board will be
best suited for the function. Therefore, Dr. Y.V. Reddy, Governor, Reserve Bank of India, in his
Monetary Policy Statement (April 2005) announced setting up of the Banking Codes and Standards
Board of India in order to ensure that a comprehensive code of conduct for fair treatment of
customers was evolved and adhered to.
The Banking Codes and Standards Board of India was registered as a society under the Societies
Registration Act, 1860 in February 2006. It functions as an independent and autonomous body.
Membership of BCSBI is voluntary and open to scheduled banks. Initially the membership of BCSBI
was open to scheduled commercial banks and has now been extended to include Regional Rural
Banks and select Urban Co-operative Banks.
The general superintendence, direction and control of the affairs and funds of the Society is vested
in the Governing Council (constituted by RBI) consisting of members drawn from different
disciplines such as banking, economics, service etc. The first Governing Council relinquished office
in December 2011 after which a new Governing Council was constituted.
To plan, evolve, prepare, develop, promote and publish comprehensive Codes and
Standards for banks, for providing for fair treatment to their customers.
To function as an independent and autonomous body to monitor, and to ensure that the
Codes and Standards adopted by banks are adhered to, in letter and spirit, while delivering
services to their customers.
BCSBI has in collaboration with the Indian Banks' Association (IBA), evolved two codes - Code of
Bank’s Commitment to Customers and the Code of Bank’s Commitment to Micro and Small
Enterprises - which set minimum standards of banking practices for member banks to follow when
they are dealing with individual customers and micro and small enterprises. These Codes are
subject to periodical review and revision.. The central objective of these Codes is promoting good
banking practices, setting minimum standards, increasing transparency, achieving higher operating
standards and above all, promoting a cordial banker-customer relationship which would foster
confidence of the common man in the banking system. The Codes lay great emphasis on
transparency and providing full information to the customer before a product or service is sold to
him. The Codes are not only commitments of banks to their customers but also in a sense a Charter
of Rights for the common person. By setting the minimum standards of customer service, the
Codes make the customer aware of he can expect each bank to deal with the his / her day-to-day
BCSBI also
BCSBI is not a forum for redressal of individual grievances. BCSBI, however, examines each
compliant to identify any systemic issue that may exist and takes up the matter with the respective
bank to ensure that systems and procedures are suitably amended so that such complaints do not
recur.
Members: The Board was set up as a Society, under the Societies Registration Act, 1860. Commercial
banks,
RRBs and Urban Coop Banks are its members. RBI was funding the entire cost of operations of the
Board for
the initial 5 years. Thereafter the Board has been levying an affiliation fee annually on all registered
members.
Governing body: A Governing Council of the BCSBI looks after its financial affairs and managerial policies.
The
tenure of the Council is 5 years and the appointment of the Council after 5 years would be with the
concurrence
of the RBI. Objectives: The main objectives of the BCSBI is to plan, evolve, prepare, develop, promote
and
publish voluntary comprehensive codes and standards for banks for providing fair treatment to their
customers. It
Memorandum of Association
Memorandum of Association of The Banking Codes and Standards Board of India
It is necessary, in the public interest, to ensure that banks evolve comprehensive codes and
standards for fair treatment of customers of banks.
It is necessary to have an independent watch dog to ensure that banks deliver services in
accordance with such codes and standards.
The name of the Society shall be "The Banking Codes And Standards Board Of India"
1. The Registered office of the society shall be situated in the State of Maharashtra at
Reserve Bank of India, C- 8/9, Bandra-Kurla Complex, Bandra (East), Mumbai - 400 051.
2. The Society may change the place of Registered Office after following the procedure
1. To plan, evolve, prepare, develop, promote and publish voluntary comprehensive Codes
and Standards for banks, for providing for fair treatment to their customers.
2. To function as an independent and autonomous watch dog to monitor and to ensure that
the banking Codes and Standards voluntarily adopted by banks are adhered to, in true
spirit by banks in delivering the services, as promised, to their customers.
3. To conduct and undertake research of the Codes and Standards currently in vogue in and
outside India.
4. To enter into covenants with banks on observance of the codes and standards and for that
purpose to train employees of such banks about the Banking Codes.
5. To help people affected by natural calamities.
1. To advertise and publish promotional literature in newspapers and otherwise about the
Codes and Standards for the guidance and knowledge of the public through Web site,
advertisements in the newspapers, magazines, journals, TV/Radio, hoardings or any other
mode which the Society may deem fit.
2. To take up specific assignments, if any, in the areas coming under the Society's objects as
projects, turnkey solutions or on any other terms of contracts with in-house resources or
with the participation of outside agencies in order to fully implement the Code.
3. To organize teaching and training courses, conferences, seminars, lectures and similar
other activities relating to the Codes and Standards or implementation of the said Codes
and Standards.
4. To publish journals, reports, pamphlets, books, booklets, research papers in furtherance of
the objects of the Society.
5. To maintain close contacts with Indian Banks' Association, other similar institutions, Boards
and organizations having similar objects or allied objects by way of subscription, enrolment
as a member thereof, financial or other kind of assistance, collaboration, cooperation and in
The names, addresses and occupation of members of the first Governing Council of the Society to
which by the Rules of the Society the management
1. The Society shall not be operated for profit and no part of its income shall accrue to any of its
member banks or its officials or any member of the Governing Council, provided that nothing herein
contained shall prevent making of any payment, in good faith of, remuneration, honoraria,
perquisites, sitting fees, facilities or benefits of any nature whatsoever to any member of the
Governing Council, officials or anyone else as the Council deems fit, in return for any service
rendered to the Society.
2. The aims and objects of the society shall be as given in the Memorandum
DEFINITION
a. Act means the Societies Registration Act, 1860 (Act XXI of 1860) in its application to the
4. 1) The subscribers to the Memorandum shall become members of the Society only on signing the
covenant with the Society agreeing to comply with the Codes and Standards and paying the fee as
specified and fresh members may be admitted in accordance with the provisions of these Rules.
2) Membership of the Society shall be open to all banks that sign the covenant with the Society
agreeing to comply with the Codes and Standards.
3) A bank agreeing to comply with the Codes and Standards shall make an application to the
Society along with such fee as may be specified from time to time.
4) The Society shall maintain a roll or list of member banks with their addresses in accordance with
the provisions of Societies Registration (Maharashtra) Rules, 1971.
5) A member bank shall pay such annual subscription as may be specified by the Society from time
to time.
6) Member banks shall be entitled to get from the Society, the information and particulars in respect
of the national and international banking Codes and Standards.
5. 1) The Society shall convene the annual general meeting of the member banks every year and
the meeting shall be attended by the respective representatives who shall have the right to vote.
If the quorum is not present, the meeting shall stand adjourned to the same day in the next week, at
the same time and place, or to such other day and at such other time and place as the Governing
Council may determine.
4) The Annual General meeting shall be presided over by the Chairman and in his/her absence the
members of the Governing Council present shall select one of them to preside over the meeting.
5) The Society shall, at each annual general meeting, appoint an auditor or auditors for auditing the
accounts of the Society in accordance with the provisions of the Act and the Societies Registration
( Maharashtra ) Rules, 1971 and fix their remuneration.
6) All decisions shall be taken at the meeting by majority either by show of hands or by secret ballot
as may be decided by the Chairman.
7) The Society shall, at each annual general meeting, review the activities of the Society and
approve the accounts of the Society.
8) On the requisition of two third in number of the member banks of the Society, the Chairman shall
within 15 days from the date of such requisition proceed duly to call an extraordinary general
meeting of the Society. The requisition shall set out the matters for the consideration of which the
meeting is to be called, shall be signed by the requisitionists, and shall be addressed to the
Governing Council.
9) Provided that if within half an hour from the time appointed for holding a meeting upon a
requisition, a quorum is not present, the meeting shall stand dissolved.
6. 1) The individuals whose names are mentioned in Clause IV of the Memorandum shall be the
members of the first Governing Council.
2) The term of the first Governing Council shall consist of two successive terms of three years and
two years respectively. On the expiry of the first term of three years, Reserve Bank shall nominate
members thereto for the second term of two years. Provided that the members retiring on the expiry
of the first term shall be eligible for renomination for the second term. Provided further that the term
of office of a member of the first Governing Council shall always be subject to the pleasure of
Reserve Bank.
3) On the expiry of the second term, the members of the first Governing Council shall remain in
office till the Governing Council is reconstituted in accordance with Rule 7.
4) Where a vacancy arises in the office of Chairman or any member of the first Governing Council,
due to incapacitation or resignation or death or any other reason, the resulting vacancy may be
filled by nomination by Reserve Bank. Provided that the member so nominated shall hold office only
up to the date up to which the member in whose vacancy he is nominated would have held office if
7. 1) On the expiry of the term of the first Governing Council, the subsequent Governing Council
shall be constituted in the manner specified in this Rule.
2) The Governing Council shall have not more than seven, members, consisting of:
3) The persons to be nominated shall be persons of eminence and competence or are experts in
the field of banking, law, accountancy, information technology, rural development or representing
sectors of depositors' / consumers' or such other fields and sectors as are considered relevant to
the aims and objects of the Society. Provided that the officials in the employment of the member
banks shall not be nominated as members of the Governing Council.
4) The members of the Governing Council shall elect a Chairman from among themselves.
5) If no such Chairman is elected for any reason, including a tie in votes, the Reserve Bank shall
designate a member of the Governing Council as the Chairman of that Governing Council.
i. shall hold office for a term not exceeding three years from the date of his nomination.
Provided that members nominated by the Reserve Bank shall hold office during the
pleasure of that Bank.
ii. shall be eligible for renomination for one more term, i.e. maximum of six years.
Provided that he shall retire from office on the expiry of his term or during the tenure of his office or
on attaining the age of 70 years, whichever is earlier, Provided further that he shall, notwithstanding
such expiry of his term or extended term, continue to hold office until another member is nominated.
Explanatory Note: Date of nomination means the date on which he first attends the GC meeting.
8. 2 - On the expiry of the term of the GC, the members of the GC shall remain in office and
8. 3 - The period of such ad-hoc extension, if any, under Rule 8.2 shall not be counted for the
purpose of determining the maximum period of holding office by the Chairperson and Members.
8. 4 - All acts or decisions of the GC taken during the extended period shall be valid and effective
for all purposes.
9.1) The Chairman may, by writing under his / her hand addressed to the Governing Council, resign
from the Governing Council.
2) A member of the Governing Council may, by writing under his / her hand addressed to the
Chairman, resign from the Governing Council.
10. The office of a member of the Governing Council shall become vacant if he / she absents
himself / herself from three consecutive meetings of the Governing Council, without obtaining leave
of absence from the Governing Council.
11.1) The Governing Council shall meet at least once in three months. The Chief Executive Officer
shall convene meetings of the Governing Council in consultation with the Chairman and unless
otherwise directed by the Chairman, 7 clear days' notice of the meeting shall be given to the
members.
2) If a vacancy in the office of the member of the Governing Council occurs, the continuing
members shall act as if no vacancy had occurred and no act or proceedings of the Governing
Council shall be deemed invalid merely by reason of a vacancy in the Governing Council or a defect
in the appointment of a person acting as a member.
3) The Chairman shall have the power to invite any person or persons not being members of the
Governing Council to attend the meetings of the Governing Council and take part in the
deliberations but such invitees shall not be entitled to vote.
4) The quorum for any meeting of the Governing Council shall be more than one half of the total
number of members of the Governing Council, out of which at least two should be members
nominated by Reserve Bank under sub-rule (2) of Rule 7. If there is no quorum, the meeting shall
stand adjourned and be held in the following week, as directed by the Chairman. If on the adjourned
date also no quorum of members assembles, the meeting shall continue as if quorum was there.
6) All decisions shall be taken at the meeting by majority either by show of hands or by secret ballot
as may be decided by the Chairman. In case of tie in votes, the Chairman or as the case may be
the presiding member shall have a second and casting vote, which shall be final.
7) A resolution in writing signed by a majority of the members shall be deemed to be the resolution
passed by the Governing Council and shall be deemed to have been passed on the date on which
the last signatory affixes his signature to it; Provided that any resolution passed in such a manner
through circulation shall be placed before the next meeting for noting of the Governing Council;
12.1) The general superintendence, direction and control of the affairs and funds of the Society
shall be vested in the Governing Council which may exercise all powers and do all acts and things
which may be exercised or done by the Society.
2) An annual review of the activities of the Society shall be made by the Governing Council and a
copy thereof shall be laid before the annual general meeting of the Society and may also be
published in such manner as may be decided by the Governing Council.
3) A review of the activities of the Society shall be made by the Reserve Bank in a meeting with the
Governing Council on completion of four years and at the beginning of the fifth year from the
registration of the society and consider strategies of the Society for future.
4) Without prejudice to the generality of the powers conferred by sub- rule (1), the Governing
Council shall have power:
i) To determine
II. To establish and maintain a fund, by making appropriation to such extent as may be decided by
the Governing Council from time to time, from out of the monies received from Reserve Bank of
India , member banks or other monies received by the Society in any other way.
III. To utilize a part or whole of the funds of the Society towards capital and recurring expenditure of
the Society, to make appropriate investments as per the law and deal with the funds in any other
way as may be necessary for the benefit of the Society.
IV. To acquire by way of purchase or gift or to take on lease or hire or otherwise temporarily or on
permanent basis, any movable or immovable property.
V. To sell, assign, mortgage, lease, exchange, transfer or otherwise deal with all or any property,
moveable or immovable, of the Society in the way it may find it necessary and to authorize the Chief
Executive Officer or any other employee of the Society to execute requisite documents to carry out
such transaction, and to take necessary action for proper maintenance of any such building,
moveable or immovable property.
VI. To borrow amounts for the purpose of carrying out the activities of the Society on the security of
its assets or otherwise.
VII. To authorize the Chief Executive Officer or any other employee of the Society to draw, accept,
make, endorse, discount, execute, sign, issue or otherwise deal with cheques, hundies, drafts,
certificates, receipts, Government securities, promissory notes, bills of exchange or other
instruments and securities whether negotiable or transferable or not, subject to such conditions as
may be specified.
5) The Governing Council shall sanction expenditures and investments of the funds of the Society
and shall have the powers to delegate sanction of expenditure and investment of funds, subject to
such conditions as it may specify.
6) The Governing Council shall have the powers to make, alter or rescind regulations of procedure
as it may find necessary for the management of the affairs of the Society.
7) The Governing Council shall have the powers to approve the research activities and other
programmes submitted to it for consideration by the Chief Executive Officer.
14.1) The Chief Executive Officer of the Society shall be appointed by the Governing Council and
shall hold his office during the pleasure of the Governing Council. Provided that in the event of the
vacancy arising in the post of Chief Executive Officer, due to incapacitation or resignation or death
or any other reason, the Chairman of the Governing Council shall have the authority to appoint an
interim successor to the Chief Executive Officer, for a period of six months or, till the appointment of
successor, whichever is earlier.
2) The Chief Executive Officer shall be legally competent to represent the Society in all legal and
other official proceedings.
3) The Chief Executive Officer shall be ex officio member of the Governing Council.
15.1) The Chief Executive Officer shall have the following powers and functions, namely:
COMMITTEES:
16. The Governing Council may constitute Committees for such purposes, on such terms and with
such powers as it may consider necessary or desirable.
17. An annual budget shall be prepared and submitted by the Chief Executive Officer in the form
and manner prescribed under the Bombay Public Trusts Act, 1950 and the Bombay Public Trusts
Rules, 1951.
18. 1) The Society shall cause to be maintained such books of account and other books in relation
to its accounts in such form and in such manner as may be prescribed under the Societies
Registration ( Maharashtra ) Rules, 1971.
2) The financial year of the Society shall be from the 1st April of each year to the 31st March of the
next year.
STATEMENT OF ACCOUNTS:
19. The Society shall, as soon as may be, after closing the annual accounts, prepare a statement of
accounts in such form as the Governing Council may, in consultation with the auditors of the
Society, determine.
20.1) A copy each of the annual accounts of the Society together with the auditor's report thereto
and a report on the work undertaken during the year shall be furnished to the members of the
Society.
2) A copy of the Annual Report of the Society as approved by the Annual General Meeting shall be
placed in public domain within 30 days.
21. The Society may alter, extend or abridge the purposes for which it is established or amalgamate
the Society either wholly or partially with any other such Society, in accordance with Section 12 of
the Act.
22. For the purpose of Section 6 of the Act, the person in whose name the Society may sue or be
sued shall be the Chief Executive Officer of the Society.
DISSOLUTION OF SOCIETY:
23. The dissolution of the Society and adjustment of its affairs shall be in accordance with Sections
AMENDMENT OF RULES:
24. These Rules may be amended by the member banks by a resolution passed in a general
meeting of the member banks in which the votes cast in favour of the resolution is not less than
twice the number of votes if any cast against it.
1. Title
These Rules may be called the Banking Code Rules.
2. Definitions
In these Rules -
a. 'BCSBI' means the Banking Codes and Standards Board of India;
b. 'Board' means the Governing Council of the Banking Codes and
Standards Board of India (BCSBI);
c. 'Code' means the Code of Bank's Commitment to Customers, as
amended from time to time;
d. 'Code Compliance Officer' means an employee of a Member appointed
as such in accordance with the requirements of these Rules;
e. 'Compliance Policy' means the policy set out in Chapter II of these
Rules;
f. 'Covenant' means the Covenant as in Form A of these Rules;
g. ' Disciplinary Procedure' means the disciplinary procedures set out in
Chapter III of these Rules;
h. 'Executive' means the Chief Executive Officer of the BCSBI;
i. 'Member' means a bank which has been admitted as a member of the
BCSBI in terms of Chapter I of these Rules.
CHAPTER I - MEMBERSHIP
3. Eligibility for Membership
3.1 The applicant must be a bank in India included in Schedule II to the Reserve
Bank of India Act, 1934.
3.2 The applicant must agree to adhere to the Code and sign the Covenant in
Form A.
3.3 The applicant must pay a non-refundable registration fee of Rs.10,000/-
(Rupees ten thousand only) to the BCSBI.
4. Application for Membership
4.1 Application for membership of the BCSBI shall be made in Form B.
Provided further that if the default in submission of the duly completed Annual
Statement of Compliance continues for six months from the date when it is due,
the Board shall have the right to take appropriate action.
9. Code Compliance Officer
9.1 Every Member shall have a Code Compliance Officer at each of its
Controlling Offices above the level of the branch and at the Head Office.
Name, address and contact details of Code Compliance Officer/s shall be
promptly notified to the BCSBI and shall be displayed at the branches
falling under his jurisdiction as also be available to customers.
9.2 The Code Compliance Officer shall maintain a Register to keep a record
of all breaches within his jurisdiction of which he becomes aware and also
the details of the remedial action taken.
9.3 The Code Compliance Officer shall inform the BCSBI of (a) every breach,
within 7 days, and (b) the remedial action taken, within 15 days, of the
breach being brought to his notice.
10 Breach
10.1 Failure to comply with or fulfil any commitment/s or any obligation/s, in
full or in part thereof, under the Code or these Rules shall constitute a
Breach.
10.2 The purposes of disciplinary sanctions for breach of the Code or these
Rules are:
(a) to act as a deterrent against future breaches by the delinquent
Member;
(b) to engender public confidence in the Code by demonstrating that
Members cannot indulge in unfair, unreasonable or unethical
conduct with impunity;
(c) to help prevent Members from profiting from breaches whether by
acts of commission, such as exploitative marketing or misleading
advertising, or acts of omission, such as failure to upgrade systems
and procedures to ensure compliance with Code requirements;
(d) to help exclude Members which demonstrate unwillingness or
serious inability to comply with Code obligations from membership.
10.3 A breach by a Member shall render it liable to sanction under these
Rules. The Board shall act in a manner that is transparent, proportionate
and consistent.
10.4 No sanction shall be imposed on any Member without giving it an
commission or omission;
(d) the length of time over which the breach continued undetected or
without effective remedial action being taken;
(e) whether there were any warning signals, such as concerns expressed
in the media, customer complaints, or guidance from the BCSBI, and
what heed was paid to such signals;
(f) the extent of damage to confidence in, or the reputation of, the banking
industry at large;
(g) the extent to which the Member sought to profit, or to avoid or mitigate
a loss, by its actions or omissions.
15.2 The Board shall be entitled to impose one or more of the following
sanctions:
(a) the publication of the Member's name and details of the breach in the
Annual Report of the BCSBI;
(b) the issue of directions as to future conduct of the Member;
(c) the issue of a warning or reprimand to the Member;
(d) the cancellation or suspension for a limited period of membership of
the Member;
(e) public censure of the Member, by notifying the media of the findings in
respect of a breach or breaches and any sanctions applied, and posting
the press release on the BCSBI's website. Instead of, or in addition to,
notifying the media, notification may also be made to any other bodies,
as the Board may deem fit.
15.3 The Board shall ensure that its sanction does not affect the confidentiality
obligation of the Member to its customers.
16. Costs
Each party shall bear its own costs incurred during the Disciplinary
Procedure except that the Member shall bear the cost of any
appointments made under Rule 14.3.
BOARD OF INDIA
www.bcsbi.org.in
operating standards;
d. promote a fair and cordial relationship between you and your bank;
digitized environment;
protection.
Chapter 2.
This Code applies to all the products and services listed below, whether
they are provided by our branch or agents acting on our behalf, whether
across the counter, over the phone, by post, through interactive electronic
facility;
smart cards and POS services (including credit cards offered by our
The meanings of key words appearing in bold black have been given in
2. KEY COMMITMENTS
Act fairly and reasonably in all our dealings with you by:
b. Meeting the commitments and standards set in this Code, for the
we follow.
c. Making sure our products and services meet relevant laws and
ensuring that our staff attends to you promptly and courteously and
We will help you to understand how our financial products and services
work by:
a. Giving you timely and adequate information about them and the
not misleading. We will make every effort to ensure that the contracts
the terms and conditions that govern use over the product’s life cycle
representations.
c. Ensuring that you are given complete information about our products
you can avail of these and whom and how you may contact for
i. Services we provide.
thereof.
i. Deposits
iv. Compensation
fraud)
transactions
ii. make available this Code at our every branch and on our
website.
iii. ensure that our staff are trained to provide relevant information
about the Code and to effectively put the Code into practice.
We will deal quickly and sympathetically with things that go wrong by:
loss you may have incurred due to our mistake, in terms of our
compensation policy.
c. Telling you how to take your complaint forward if you are still not
satisfied.
We will advise you the internal procedures for redressing your complaints
3. INFORMATION - TRANSPARENCY
You can get information on interest rates, fees and charges through
c. Our website.
We will:
the documents required for opening Basic Savings Bank Deposit (BSBD)
“Small Accounts”.
c. give you clear information explaining the key features of the services
d. tell you the different channels through which our products and
Banking, Mobile Banking, Net banking and tell you how to find out
e. tell you the information needed from you to prove your identity and
requirements.
g. provide you Most Important Terms and Conditions (MITC) for your
you have registered with the ‘Do Not Call Registry’ of our bank or with
a. the interest rates which apply to your deposit and loan accounts.
clause, if any, in the loan agreement and the effective date thereof.
which your floating rate will be linked and the premium or discount
d. whether you have the option for converting your loan from fixed rate
to floating rate and vice versa and, if so, one time applicable charges
thereof.
f. how we apply interest to your deposit and loan accounts and how
We will inform you of changes in interest rates on our loan products and
a. Letter
b. E-mail
c. SMS
We will also display this information on the Notice Board in our branch
a. We will ensure that our fees and service charges for various services
of customers.
b. We will place our Tariff Schedule on our website and make a copy
branch.
board at our branch one month prior to the revised charges becoming
prominently.
a. We will advise you the relevant terms and conditions for the products /
b. All terms and conditions will be fair and will set out the respective
a. We will tell you of changes in terms and conditions through any one
i. Letter
iii. SMS
iv. E-mail
This information will also be made available on the Notice Boards in our
c. If we have made any change without notice, we will notify the change
within 60 days of the notice, close your account or switch to any other
10
a. We will make sure that all our advertising and promotional material
an interest rate, we will also indicate whether other fees and charges
will apply and full details of the relevant terms and conditions will
services, we will ensure that they handle your personal information (if
not registered for the ‘Do Not Call’ facility. As regards the information
as only selling agents of our bank when they approach you for selling
f. In the event of receipt of any complaint from you that our representative
and to handle the complaint and to make good the loss as per our
compensation policy.
selling our product discloses the fee or commission they are paid
11
h. We will ensure that our advertisements will also include all relevant
(even when you are no longer our customer), and shall be guided by the
regulator.
to prevent fraud) but we will not use this as a reason for giving
to do so.
the purpose for which we are collecting this information and take
12
(CICs) as also the checks we may make with them and the effect that
the information they provide can have on your ability to get credit.
CICs.
owe us when
e. We will update the credit status immediately but not later than 30
within 30 days of the event. If your loan account has been in default,
reporting to CICs.
h. We will identify and declare the names of wilful defaulters of `25 lakh*
13
i. How to do so.
b. Our staff will help you with any questions you have.
c. We will tell you where to find details of our procedure for handling
d. We will display the name of the official at the branch whom you may
grievance redressal authority within the Bank and give you a final
f. After examining the matter, we will send you our final response or
how to take your complaint further, if you are still not satisfied.
14
display at our branch the name and contact details of the Banking
to appeal against the award, we will comply with the Award within 30
days from the date of receipt of the acceptance in writing of the Award
by the complainant.
We will display in our branch, the date of our monthly branch Level
desire.
7. COLLECTION OF DUES
accordance with the laws of the land will be followed for recovery of
dues.
Recovery Agents.
relationship.
f. We will provide you with all the information regarding your dues
you and will inform you of the name of the recovery agency / agent,
to whom your case has been assigned as also their address and
telephone numbers.
and produce the authority letter issued by us and upon request show
you his / her identity card issued by the bank or under authority of
the bank.
known to you.
16
be documented.
manner.
ix. During visits to your place for dues collection, decency and
consonance with the law. The policy will be displayed on our website
and a copy of the same will be made available at our branch for perusal.
a. You may open different types of accounts with us such as, savings
accounts, term deposits, current accounts, etc. You may open such
17
i. Single
ii. Joint
or
without any charges. The relevant details will be made known to you
*For Payment Banks and Small Finance Banks, the norms relating to
of a passbook.
the option for nomination as also the option for indicating the name
Receipts (FDRs).
passbooks.
g. We will also inform you about liquid deposit facility, sweep account
18
(KYC) guidelines.
be produced for verification and / or for record for meeting the KYC
requirements.
g. give you the Most Important Terms and Conditions (MITC) governing
a. If you are not happy about your choice of current / savings account,
you may ask for closure of the account along with any interest it
19
self-declaration from you giving your current address. You will have to
b. inform you about the kind of charges, if any, in case of exceeding such
Account for which we will notify you before levying any charges.
iv. we will ensure that the balance in the savings account does
shortfall observed.
8.1.3.2 Charges
will be included in our Tariff Schedule. Concessions or relief given will not
a. To help you manage your account and check entries in it, we will
b. You can ask us to provide you with account statements more often
c. We will indicate our MICR Code and IFS Code in cheque books,
d. We will make available the Customer Care number of the bank / contact
related documents.
*For Payment Banks and Small Finance Banks, the norms relating to
21
of a passbook.
services.
In case your account meets the terms for upgradation or value added
We will intimate you once the account gets downgraded from higher
We will:
a. inform you when you open your account, the circumstances under
You will also be informed at least three months before your account
inoperative / dormant.
the account.
dormant.
22
giving you at least 30 days’ notice indicating the reasons for such closure.
for cheques already issued by you and desist from issuing any fresh
ensure that cheques deposited in the drop box are properly and
b. We will inform you about the clearing cycle for local and outstation
Policy.
signed return memo indicating the date of return as also the reason
23
h. We will give the above information when you open your account
and whenever you ask for it. If there is any change in our Cheque
issue good quality, clean bank notes / coins at all our branches upto a
prescribed limit per day. We will extend this facility, within prescribed
We will:
a. at the time of opening the account tell you how direct debits / standing
instructions work and how you may record / cancel them and the
charges connected with them. Charges will be levied as per our Tariff
Schedule.
24
We will:
instructions by us.
We will:
a. keep original cheques / debit instructions acted upon from your account
by law.
your account and in case the request for such cheque, etc. is made
within a period of one year from the date of cheque / debit instruction,
c. inform you how we will deal with unpaid cheques and out-of-date
a. When you place a term deposit with us, we will obtain instructions
from you in the account opening form for the disposal of your
deposit at maturity.
25
renew the deposit, excluding deposits like tax savings deposits, etc.,
for the same period as the matured deposit at the prevailing rate of
interest.
e. We will inform you of the interest rates applicable and charges for
a specific joint mandate from all the depositors has been given for
opening form.
g. We will inform you, at the time of acceptance of the deposit, the terms
and conditions and interest rate applicable in case you renew the
of the FDR.
under the Act and provisions available to you for seeking exemption
of application if you are not liable to pay tax on your interest income.
the financial year, if you are not liable to pay tax on your interest
We will explain the facility of loan / overdraft available against term deposits.
26
the depositor had utilized the nomination facility and made a valid
documentary evidence.
ii. there is no order from the competent court restraining the bank
account holder.
such payment shall not affect the right or claim which any person may
interest applicable on the date of deposit for the period the deposit
27
arises only after the unfortunate event of death of all the depositors.
In case the deceased depositor had not made any nomination or for
for repayment to the legal heir(s) of the depositor, keeping in view the
from the date of receipt of the claim subject to the production of proof of
opening form itself to the effect that in the event of the death of the
the name of the deceased account holder. In this regard, we will consider
28
the Deceased’ where all the pipeline flows in the name of the
OR
pipeline flows to the remitter with the remark “Account holder deceased”
ii. We will inform you that Banking Companies (Nomination) Rules, 1985
iii. We will inform you that nomination exercised by you under Arrears
not be valid for the purpose of deposit accounts held by you with us.
nomination facility.
a. We will give you the complete details of the rules and the procedures
applicable for allotment of the safe deposit lockers and also safe
the differences between the same and also the charges and unique
which would cover 3 years’ rent and the charges for breaking open
overdue rent of your safe deposit locker at the last recorded address
29
locker till the rent due is paid as per the locker agreement. We will
b. We will advise you that hiring of a safe deposit locker creates relation
of a lessor and lessee and the lessee has the right for free access to
a. When you buy or sell foreign exchange, we will give you information
ii. details of when the money you have sent abroad should get
iii. the exchange rate applied for conversion of the foreign currency
(if this is not possible at the time of the transaction, we will let
pay and a caution that the person receiving the money may
tell you the original amount received and charges, if any, levied.
Even if the sender has agreed to pay all charges, we shall still
deduct our charges / statutory taxes from the proceeds at the time
requested by you.
30
f. In case of delay beyond the day when the amount is due for credit,
you will be compensated (i) for any loss on account of interest for
due period beyond the due date and (ii) also for adverse movement
If you want to remit money within India, we will inform you how to effect
it and
b. suggest to you the best way to send the money to suit your needs.
will have to pay for the service as per the Tariff Schedule.
d. send you an SMS / e-mail informing you of the fate / status of the
f. In case of any delay we will compensate you for the delay and any
customers too.
8.12 Lending
of the society.
31
8.12.1 Loans
We will:
a. give you the Most Important Terms and Conditions (MITC) governing
b. give you information explaining the key features of our loan and credit
regulatory requirements.
d. verify the details mentioned by you in the loan / credit card application
will credit your account with the amount only after receiving your
32
also the fees / charges payable for processing, the amount of such
therein the time frame within which the application will be processed.
i. We will also inform you whether you have an option to let equated
33
additional securities.
o. We will provide you with the loan statement, more often, if required,
is to be exercised for any other claim, we will give due notice with
full particulars about the other claims and retain the securities /
settled / paid.
you for the loss. We will issue a certificate indicating the securities
/ documents / title deeds lost and extend all assistance to you for
34
floating rate term loans sanctioned to you (in your individual capacity)
8.13 Guarantee
party for your liabilities, we may ask you for your permission to give
b. We will also:
ii. inform them that by giving the guarantee or other security they
iv. give a copy of the terms and conditions of the loan sanctioned
bank;
35
to or contracted.
you for the loss. We will issue a certificate indicating the securities /
documents lost and extend all assistance to you for obtaining duplicate
documents, etc.
functioning of the CERSAI and the fact that their records will be available
for search by any lender or any other person desirous of dealing with the
a. You should let us know, as soon as possible, if you are not able to
e. We will spell out, in writing, the terms and conditions of the OTS
offered to you.
f. If the dues are settled under OTS, we will explain to you the
by the CICs.
36
entity, we will advise you the name and contact details of such entity
along with the amount of your loan / dues transferred to them. In the
normal course, loans / credit card dues, which are Non Performing
b. You will then be liable to pay the amount due to the entity to which
c. The entity to which the loan / dues have been transferred will continue
the entity to which your loan / dues have been transferred by us.
e. For all complaints against the entity to which your loan / dues have been
will treat these complaints as if they are against us and ensure that
and Mobile Banking. We will ensure that our systems and technology
are safe and secure and review and update them periodically.
branches.
37
will also inform you of the applicable terms and conditions relating
d. We will also inform you where to find the information you need
f. We will send you SMS / online e-mail alerts for all types of transactions,
based on information not visible on the cards for all on-line card not
done on Netbanking.
i. In case we offer you the facility of fixing a daily cap on the value,
from account in one bank to any other account in the same bank or
services;
the terms and conditions for the acceptance, if any, for the
same.
38
SMS, etc. You need not come to branches for the same.
limited.
n. You may opt out of Internet / Mobile Banking Services at any point
that are not issued to you in person, we will not rely merely on proof
and simple precautions. Please make sure you follow the advice
given below:
the site through a link from another site or an e-mail and verify
ii. Log out of Internet banking when your session is complete. Use
the ‘Log Out’ button to log out so that the session closes. Do
etc.
viii. Disable the ‘File and Printing Sharing’ feature on your operating
system.
39
q. Apart from your obligations when using Internet Banking, you will
services:
Banking service
Banking service
iv. Update your Mobile Banking App as and when a new version /
upgrade is released.
r. Log out of Mobile Banking application once you are done using it.
to have been sent from our bank). Please inform us of the same for
40
protection.
You may, also at your convenience, generate PIN online / via IVRS or
at ATMs.
d. We will ensure that your recent contact details (mobile number, e-mail
ID and landline number) are registered and updated with the Bank.
dictionary attack
41
of your cards;
Do not:
security information.
information.
or in mobile handset.
42
mobile handset or to see the PIN when you use your card at
Always:
you.
mobile number.
essentially EMV Chip and PIN enabled card only. You may decline
and conditions, losses on your account that you may be liable if your
e. We will inform you which of your accounts your card can access.
We will also inform you whether the card issued to you has more
g. We will advise you of the fees and charges that apply to your card.
• Do not give your card to anyone or let anyone else use your
correct address.
or channel).
a. We will inform you of the procedure you must follow to report the
b. We will include in the terms and conditions what your liability will
PIN or Password.
transaction facility.
be helplines, SMS, e-mail, IVR, website, etc. You can also report
through which you can block your card. We will promptly send a
44
all our SMS alerts will include alternate number / mobile number /
electronic transactions.
h. You should inform us as soon as you discover that your card has been
card or resetting the PIN, as the case may be) to prevent the misuse.
i. Once you have advised us that your card has been lost or stolen or
your PIN or Password disclosed, you will not be responsible for any
that time.
l. You will not be liable for losses before you receive your card or, if
m. We will display the telephone / Toll Free numbers of the help desk /
contact persons of the ATM owning bank at ATM locations for lodging
Please ensure to lodge complaints only to your card issuing bank for
redressal.
n. ATM Id has been displayed on all the ATMs. You should quote the
transactions within the prescribed time limit. For any delay beyond
45
provided the claim is lodged with us, (i.e. the ATM card issuing
banking transactions.
ii. Third party breach where the deficiency lies elsewhere in the
transaction.
you have shared the payment credentials, you will bear the
lies elsewhere in the system and when there is a delay (of four
the subject at the time of opening the accounts. We will inform all
within 10 working days from the date of such notification by you (without
not exceeding 90 days from the date of receipt of the complaint and
iii. in case of debit card / bank account, you will not suffer loss of interest,
and in case of credit card, you do not bear any additional burden of
interest.
a. When you apply for a credit card, we will explain the relevant terms
and conditions such as fees, interest and other charges, billing and
* your liability in case of third party fraud or where you have not
c. We will advise you of our targeted turnaround time while you are
availing / applying for a credit card. We will quote annual fee and
47
for retail purchase and for cash advance, (if different) with equal
effect making only the minimum payment every month would result
such deactivated card will become active only after you convey your
acceptance of the card and take steps for its activation as required
e. In case we activate the card without your consent or bill you for the
card for which you have not given your consent, we will not only
reverse the charges forthwith but will also pay a penalty amounting
your card only with your consent in writing. Consent received through
having read the MITC and where digital records of such consent can
you. We will, at your request, set a credit limit (within the overall
limit) for the add-on card(s) issued to you. You will be liable for all
give you thirty days notice unless at your request and also inform
48
closure of the credit card to you within 7 working days of the request
j. We will have right to place a lien and right to set off on all monies
or letter within three days from placing lien / hold on your deposit
account.
k. In case we are offering any insurance cover to our credit card holders,
time to time). We will also facilitate you to set lower per transaction
limits.
a. To help you manage your credit card account and check details
with / using your credit card. The credit card statement will be
registered with us. The statement will also be made available for
49
We will ensure that wrong bills are not raised and issued nor will
manner.
c. We will let you know / notify changes in the schedule of fees and
one month. The changes will be notified along with the monthly
We are responsible for any person using our premises for selling or
50
c. When you avail a banking service or product from us, we will not
d. In the case of securities provided by you for loans availed from us, we
will not insist on your obtaining insurance cover from any particular
etc. the benefit of the products being sold at our branch, and also
information.
insurance products).
51
them. In case you require any specific service, we will facilitate the
p. We will ensure that the charges for related services for selling of
the address, timings, etc. of the counselling centres set up by any bank
the branch.
52
made known to you. The relevant details will be made known to you
b. We will also extend the facility of opening such accounts on the basis
local language.
about the above among our staff, particularly the frontline staff.
these will be made known at least one month prior to these becoming
effective.
as per guidelines and road map agreed to, if any, with RBI to enable
53
will be investigated.
and positively.
q. You may keep us informed of any financial difficulty you may face,
“No Dues” Certificate from you (individual borrowers and Self Help
Groups (SHGs) & Joint Liability Groups (JLGs) for all types of loans
54
u. We will organize camps, stalls and town hall events to promote the
y. In case you have any grievance about the bank or its Banking Outlet
ABLED PERSONS
a. We will make our best efforts to make it easy and convenient for our
railings at bank branches and ATMs to make it easier for senior citizens
55
redressal of grievances.
banking hall.
Window mechanism.
such customers.
56
a. We will make best efforts to ensure that you enjoy secure and
b. Please make sure you let us know, promptly, when you change your
Regular checks on direct debits and standing orders will help you
essential to help prevent fraud and protect your accounts. Please make
a.
57
information to anyone.
b. We will advise you what you can do to protect your card / cheque
been lost or stolen, or that someone else knows your PIN or other
steps to try to prevent these from being misused. You should also
discover that your cheque book, passbook, card has been lost or
information.
e. You could tell us about the loss of the above by phone at our 24 hour
f. You may be liable for misuses until the time that we have been notified.
If you act fraudulently, you will be responsible for all losses on your
account. If you act without reasonable care, which results in losses, you
58
Annexure – Glossary
These definitions explain the meaning of words and terms used in the
Aadhaar Pay:
App:
ATM
can use his card along with PIN to get cash, information and other
services.
Banking Ombudsman
of India to deal with disputes that individuals and small businesses have
Banking Outlet
for a minimum of four hours per day for at least five days a week.
Interface (UPI).
A general term for any plastic card, which a customer may use to pay for
Credit Card
A Credit Card is a plastic card with a credit facility, which allows you to
59
with the bank for credit to an account. The policy inter alia deals with
Customer
Current Account
Deceased Account
Demat Account
Deposit Accounts
• “Term deposit” means a deposit received by the bank for a fixed period
withdrawable only after the expiry of the fixed period and includes
Certificate, etc.
60
Equity
Fixed Rate of Interest on a loan means that interest rate is fixed for the
entire period of the loan or it may be revised after the first few years
Floating Rate of Interest on a loan means that interest rate is not fixed
but is linked to Reference Rate and would vary with changes in the latter.
Guarantee
Government Bond
IMPS
61
NEFT
The nomination facility enables the bank to: make payment to the
person in the bank’s safe custody; release to the nominee of the hirer, the
contents of a safe deposit locker, in the event of the death of the hirer.
A cheque, presented for collection, three months after the date of issue
of the cheque.
permanent and will not change with change of address of the assessee
four hours per day and for at least five days a week.
Password
to pay for articles / services, withdraw cash and use other electronic
62
RTGS
The acronym ‘RTGS’ stands for Real Time Gross Settlement. RTGS
Reference rate
Senior Citizen
Settled account
that while the borrower paid some amount it probably was not the full
amount originally agreed to. Such settled accounts are reported to CICs
Smart Card
A smart card is a plastic card about the size of a credit card, with an
Tariff Schedule
Unpaid Cheque
63
2
Code of Bank’s Commitment to Micro and Small Enterprises – August 2015
1.2 Application of the Code
As defined in the MSMED Act, 2006, MSEs cover Micro and Small
Enterprises engaged in the manufacturing or production or processing
or preservation of goods and those engaged in providing or rendering of
services.
Unless it says otherwise, this Code will apply to all the products and
services listed below, under current regulatory instructions, provided by
our branches, subsidiaries, joint ventures or agents, whether across the
counter, over the phone, by post, through interactive electronic devices,
on the internet or by any other mode. However, all products discussed
here may not be offered by us.
a. Loans and other credit facilities which include fund based such as
cash credit, overdraft, cheque and bill purchase / discounting
(both inland and foreign), negotiation under reserve of documents
tendered under Letter of Credit (both inland and foreign) and
non-fund based such as establishment of inland and / or foreign
1. Customer is defined in
a. RBI Act b. NI Act c. BR Act d. KYC Policy
By Arshad mirza
14. OVD question
15. BCSBI objective
16. Working capital assessment for MSME by Projected Turnover method
17. Skill development initiatives questions
18. Moratorium period for skill development
19. Shifting/closing of branch notice period
**BEST OF LUCK **
Disclaimer
While every effort has been made by me to avoid errors or omissions in this publication, any error or
discrepancy noted may be brought to my notice through e-mail to
[email protected] which shall be taken care of in the subsequent editions. It is also
suggested that to
clarify any doubt colleagues should cross-check the facts, laws and contents of this publication with
original Govt. / RBI / Manuals/Circulars/Notifications/Memo/Spl Comm. of our bank.