RBI ISSUED OPERATING GUIDELINES FOR PAYMENT BANK
RBI/2016-17/80
DBR.NBD.No.25/16.13.218/2016-17
October 6, 2016
Chief Executive Officers of Payments Banks
Madam / Dear Sir,
Operating Guidelines for Payments Banks
Please refer to the Guidelines for Licensing of Payments Banks (‘Licensing Guidelines’) dated November 27, 2014, under which in-principle approvals/ licences were issued to the applicants for setting up of the payments banks.
2. The need for separate Operating Guidelines for payments banks was examined, considering the differentiated nature of business and financial inclusion focus of these banks. Accordingly, the Operating Guidelines for payments banks are given in the Annex.
3. The prudential frameworks for market risk and operational risk are being examined and the instructions in this regard will be issued separately.
4. These Operating Guidelines are supplementary to the Licensing Guidelines and take immediate effect.
Yours faithfully,
(S S Barik)
Chief General Manager-in-Charge
Annexure
Operating Guidelines for Payments Banks
1. Prudential regulation
The prudential regulatory framework for payments banks (PBs) will largely be drawn from the Basel standards. However, given the financial inclusion focus of these banks, it will be suitably calibrated.
1.1. Capital adequacy framework
Minimum Capital Requirement 15%
Common Equity Tier 1 6%
Additional Tier I 1.5%
Minimum Tier I capital 7.5%
Tier 2 capital 7.5%
Capital Conservation Buffer Not Applicable
Counter-cyclical capital buffer Not applicable
Pre-specified Trigger for conversion of AT1 CET1 at 6% up to March 31, 2019, and 7% thereafter
1.2 Large exposures limits (for investments in deposits of scheduled commercial banks)
The exposure in this regard to an individual scheduled commercial bank shall not be more than five per cent of the total outside liabilities of the PB.
1.3 Capital measurement approaches
Credit Risk Basel II Standardized Approach for credit risk
1.4 Inter-bank borrowings
PBs will be permitted to participate in the call money and CBLO market as both borrowers and lenders. These borrowings would, however, be subject to the limit on call money borrowings as applicable to scheduled commercial banks.
1.5 Investment classification and valuation norms
i. PBs shall, on any given day, maintain a minimum investment to the extent of not less than 75 per cent of ‘demand deposit balances’ – DDB (including the earnest money deposits of BCs) as on three working days prior to that day, in Government securities/Treasury Bills with maturity up to one year that are recognized by RBI as eligible securities for maintenance of Statutory Liquidity Ratio (SLR).
ii. Further, PBs shall, on any given day, maintain balances in demand and time deposits with other scheduled commercial banks, which shall not be more than 25 per cent of its DDB (including the earnest money deposits of BCs) as on three working days prior to that day.
iii. The investments and deposits made according to (i) and (ii) above, together shall not be less than 100 per cent of the DDB (including the earnest money deposits of BCs) of the PB unless it is less to the extent of balances kept with RBI.
Note:Balances with other scheduled commercial banks in excess of 25 per cent of DDB (including the earnest money deposits of BCs), is permissible to the extent the excess amount is sourced from funds other than DDB (including the earnest money deposits of BCs).
iv. PBs will not be allowed to classify any investment, other than those made out of their own funds, as HTM category. The investments made out of their own funds shall not, in any case be, in assets or investments in respect of which the promoter / a promoter group entity is a direct or indirect obligor.
v. PBs will not be allowed to participate in ‘when issued’ and ‘short sale’ transactions.
vi. PBs will be permitted to invest in bank CDs within the limit applicable to bank deposits.
vii. The other directions on the subject as applicable to scheduled commercial banks (see theMaster Circular RBI/2015-16/97 DBR No BP.BC.6/21.04.141/2015-16 dated July 1, 2015 and the circulars issued thereafter).
1.6 Restrictions on loans and advances (including lending to NBFCs) including regulatory limits
PBs will not be permitted to lend to any person including their directors. However, PBs may lend to their own employees out of the bank’s own funds, as per a Board approved policy outlining the caps on such loans.
1.7 Para-banking activities
PBs will not be permitted to undertake any para-banking activity except those allowed as per the Licensing Guidelines and the related FAQs issued.
1.8 Product approval
i. At the time of submitting application for licence, the PBs should submit to RBI a list of financial products they intend to offer with a clear description.
ii. Any new products proposed to be introduced thereafter should be intimated to RBI for information. If required, RBI may place suitable restrictions on the design, functioning, or other features of the product including discontinuing the product.
RBI/2016-17/80
DBR.NBD.No.25/16.13.218/2016-17
October 6, 2016
Chief Executive Officers of Payments Banks
Madam / Dear Sir,
Operating Guidelines for Payments Banks
Please refer to the Guidelines for Licensing of Payments Banks (‘Licensing Guidelines’) dated November 27, 2014, under which in-principle approvals/ licences were issued to the applicants for setting up of the payments banks.
2. The need for separate Operating Guidelines for payments banks was examined, considering the differentiated nature of business and financial inclusion focus of these banks. Accordingly, the Operating Guidelines for payments banks are given in the Annex.
3. The prudential frameworks for market risk and operational risk are being examined and the instructions in this regard will be issued separately.
4. These Operating Guidelines are supplementary to the Licensing Guidelines and take immediate effect.
Yours faithfully,
(S S Barik)
Chief General Manager-in-Charge
Annexure
Operating Guidelines for Payments Banks
1. Prudential regulation
The prudential regulatory framework for payments banks (PBs) will largely be drawn from the Basel standards. However, given the financial inclusion focus of these banks, it will be suitably calibrated.
1.1. Capital adequacy framework
Minimum Capital Requirement 15%
Common Equity Tier 1 6%
Additional Tier I 1.5%
Minimum Tier I capital 7.5%
Tier 2 capital 7.5%
Capital Conservation Buffer Not Applicable
Counter-cyclical capital buffer Not applicable
Pre-specified Trigger for conversion of AT1 CET1 at 6% up to March 31, 2019, and 7% thereafter
1.2 Large exposures limits (for investments in deposits of scheduled commercial banks)
The exposure in this regard to an individual scheduled commercial bank shall not be more than five per cent of the total outside liabilities of the PB.
1.3 Capital measurement approaches
Credit Risk Basel II Standardized Approach for credit risk
1.4 Inter-bank borrowings
PBs will be permitted to participate in the call money and CBLO market as both borrowers and lenders. These borrowings would, however, be subject to the limit on call money borrowings as applicable to scheduled commercial banks.
1.5 Investment classification and valuation norms
i. PBs shall, on any given day, maintain a minimum investment to the extent of not less than 75 per cent of ‘demand deposit balances’ – DDB (including the earnest money deposits of BCs) as on three working days prior to that day, in Government securities/Treasury Bills with maturity up to one year that are recognized by RBI as eligible securities for maintenance of Statutory Liquidity Ratio (SLR).
ii. Further, PBs shall, on any given day, maintain balances in demand and time deposits with other scheduled commercial banks, which shall not be more than 25 per cent of its DDB (including the earnest money deposits of BCs) as on three working days prior to that day.
iii. The investments and deposits made according to (i) and (ii) above, together shall not be less than 100 per cent of the DDB (including the earnest money deposits of BCs) of the PB unless it is less to the extent of balances kept with RBI.
Note:Balances with other scheduled commercial banks in excess of 25 per cent of DDB (including the earnest money deposits of BCs), is permissible to the extent the excess amount is sourced from funds other than DDB (including the earnest money deposits of BCs).
iv. PBs will not be allowed to classify any investment, other than those made out of their own funds, as HTM category. The investments made out of their own funds shall not, in any case be, in assets or investments in respect of which the promoter / a promoter group entity is a direct or indirect obligor.
v. PBs will not be allowed to participate in ‘when issued’ and ‘short sale’ transactions.
vi. PBs will be permitted to invest in bank CDs within the limit applicable to bank deposits.
vii. The other directions on the subject as applicable to scheduled commercial banks (see theMaster Circular RBI/2015-16/97 DBR No BP.BC.6/21.04.141/2015-16 dated July 1, 2015 and the circulars issued thereafter).
1.6 Restrictions on loans and advances (including lending to NBFCs) including regulatory limits
PBs will not be permitted to lend to any person including their directors. However, PBs may lend to their own employees out of the bank’s own funds, as per a Board approved policy outlining the caps on such loans.
1.7 Para-banking activities
PBs will not be permitted to undertake any para-banking activity except those allowed as per the Licensing Guidelines and the related FAQs issued.
1.8 Product approval
i. At the time of submitting application for licence, the PBs should submit to RBI a list of financial products they intend to offer with a clear description.
ii. Any new products proposed to be introduced thereafter should be intimated to RBI for information. If required, RBI may place suitable restrictions on the design, functioning, or other features of the product including discontinuing the product.
2. Risk management
2.1 Credit risk management including credit concentration risk
Not applicable, except as indicated in para. 1.3.
2.2 Market risk management
The provisions regarding market risk management for PBs will be as applicable to commercial banks. PBs will be permitted to use derivatives only for the purpose of hedging their foreign currency positions arising out of the activities conducted under the AD Category II authorization.
2.3 Operational risk management
Payment Banks should implement the operational risk management requirements, issued by RBI for scheduled commercial banks for operational risk, including collection of operational loss data.
2.4 Liquidity risk management
The provisions regarding liquidity risk management shall be as applicable to scheduled commercial banks, with suitable enhancements to take into account the liquidity risk profile of PBs.
2.5 Strategic and reputational risk management
The provisions regarding strategic and reputational risk management shall be as applicable to scheduled commercial banks, with suitable enhancements to take care of the reputational risk arising from use of agents.
2.6 Internal controls, audit and compliance
The provisions regarding internal controls, audit and compliance by the PBs shall be as applicable to scheduled commercial banks, with suitable enhancements to take care of the ICT related aspects and operations through agents.
2.1 Credit risk management including credit concentration risk
Not applicable, except as indicated in para. 1.3.
2.2 Market risk management
The provisions regarding market risk management for PBs will be as applicable to commercial banks. PBs will be permitted to use derivatives only for the purpose of hedging their foreign currency positions arising out of the activities conducted under the AD Category II authorization.
2.3 Operational risk management
Payment Banks should implement the operational risk management requirements, issued by RBI for scheduled commercial banks for operational risk, including collection of operational loss data.
2.4 Liquidity risk management
The provisions regarding liquidity risk management shall be as applicable to scheduled commercial banks, with suitable enhancements to take into account the liquidity risk profile of PBs.
2.5 Strategic and reputational risk management
The provisions regarding strategic and reputational risk management shall be as applicable to scheduled commercial banks, with suitable enhancements to take care of the reputational risk arising from use of agents.
2.6 Internal controls, audit and compliance
The provisions regarding internal controls, audit and compliance by the PBs shall be as applicable to scheduled commercial banks, with suitable enhancements to take care of the ICT related aspects and operations through agents.
3. CRR, SLR, disclosures and statutory/regulatory reports
For PBs, the CRR and SLR requirements and the various disclosures and statutory/regulatory reports will be as applicable to commercial banks (see the Master Circular RBI/2015-16/98 DBR.No.Ret.BC.24/12.01.001/2015-16 dated July 1, 2015 and the circulars issued thereafter).
For PBs, the CRR and SLR requirements and the various disclosures and statutory/regulatory reports will be as applicable to commercial banks (see the Master Circular RBI/2015-16/98 DBR.No.Ret.BC.24/12.01.001/2015-16 dated July 1, 2015 and the circulars issued thereafter).
4. Ownership and control regulations
The extant provisions in this regard as applicable to private sector banks, as covered in the Master Directions on Issue and Pricing of shares by Private Sector Banks DBR.PSBD.No.95/16.13.100/2015-16 dated April 21, 2016 and Master Directions on Ownership in Private Sector Banks DBR.PSBD.No. 97/16.13.100/2015-16 dated May 12, 2016, shall be applicable to PBs as well, except what is provided in the existing regulation contained in the Licensing Guidelines.
The extant provisions in this regard as applicable to private sector banks, as covered in the Master Directions on Issue and Pricing of shares by Private Sector Banks DBR.PSBD.No.95/16.13.100/2015-16 dated April 21, 2016 and Master Directions on Ownership in Private Sector Banks DBR.PSBD.No. 97/16.13.100/2015-16 dated May 12, 2016, shall be applicable to PBs as well, except what is provided in the existing regulation contained in the Licensing Guidelines.
5. Corporate governance
5.1 Constitution and functioning of board of directors
The extant provisions as applicable to banking companies shall be applicable to PBs as well. Specifically in the case of converting entities, the terms and conditions of appointment of existing Directors will be grandfathered till completion of their present term.
5.2 Constitution and functioning of committees of the board, management level committees, remuneration policies
The extant provisions in this regard as applicable to private sector banks, shall be applicable to PBs as well.
5.1 Constitution and functioning of board of directors
The extant provisions as applicable to banking companies shall be applicable to PBs as well. Specifically in the case of converting entities, the terms and conditions of appointment of existing Directors will be grandfathered till completion of their present term.
5.2 Constitution and functioning of committees of the board, management level committees, remuneration policies
The extant provisions in this regard as applicable to private sector banks, shall be applicable to PBs as well.
6. Banking Operations
6.1 Authorization of Access Points
i. The annual plans for opening of physical access points by the PBs for the initial five years would need prior approval of RBI. The first of such plan shall be submitted to RBI before commencement of business. After the initial stabilisation period of five years, and after a review, RBI may liberalize the requirement of prior approval.
ii. An employee of the PB should be available for sufficient duration, at a fixed location known to the customers at the district level, to attend to customer grievances and support the agent supervision. This fixed location may also be used to conduct the banking business of the PB, and it will be considered as a physical access point for the purposes of assessing the requirement of opening at least 25 per cent physical access points in rural centres.
6.2 Regulation of Business Correspondents
i. The PBs can engage all permitted entities including the companies owned by their business partners and own group companies on an arm’s length basis as “BCs”. These companies can have their own branches managed by their employees operating as “access points” or may engage other entities/persons to manage the “access points” which could be managed by the latter’s staff. In the above cases, from the regulatory perspective, the bank will be responsible for the business carried out at the ‘access points’ and the conduct of all the parties in the chain regardless of the organizational structure including any other intermediaries inserted in the chain to manage the BC network.
ii. Inter-operability of the BCs will be allowed except for opening of savings and current accounts.
iii. BCs cannot undertake any offline transactions. Consequently, BCs cannot undertake transactions if there is no internet connectivity.
iv. The PBs will be exempted from the requirement of having a base branch for a certain number of BCs/access points managed by BCs as currently stipulated in the RBI guidelines to scheduled commercial banks.
Note: It is clarified that in cases where a PB is acting as the BC for a bank, the BC engaged by the PB shall not open deposit accounts for the partner bank for whom the PB acts as the BC or undertake KYC documentation for that bank.
6.3 Bank charges, lockers, nominations, facilities to disabled persons, etc.
The extant provisions in this regard as applicable to scheduled commercial banks, shall be applicable to PBs as well.
6.1 Authorization of Access Points
i. The annual plans for opening of physical access points by the PBs for the initial five years would need prior approval of RBI. The first of such plan shall be submitted to RBI before commencement of business. After the initial stabilisation period of five years, and after a review, RBI may liberalize the requirement of prior approval.
ii. An employee of the PB should be available for sufficient duration, at a fixed location known to the customers at the district level, to attend to customer grievances and support the agent supervision. This fixed location may also be used to conduct the banking business of the PB, and it will be considered as a physical access point for the purposes of assessing the requirement of opening at least 25 per cent physical access points in rural centres.
6.2 Regulation of Business Correspondents
i. The PBs can engage all permitted entities including the companies owned by their business partners and own group companies on an arm’s length basis as “BCs”. These companies can have their own branches managed by their employees operating as “access points” or may engage other entities/persons to manage the “access points” which could be managed by the latter’s staff. In the above cases, from the regulatory perspective, the bank will be responsible for the business carried out at the ‘access points’ and the conduct of all the parties in the chain regardless of the organizational structure including any other intermediaries inserted in the chain to manage the BC network.
ii. Inter-operability of the BCs will be allowed except for opening of savings and current accounts.
iii. BCs cannot undertake any offline transactions. Consequently, BCs cannot undertake transactions if there is no internet connectivity.
iv. The PBs will be exempted from the requirement of having a base branch for a certain number of BCs/access points managed by BCs as currently stipulated in the RBI guidelines to scheduled commercial banks.
Note: It is clarified that in cases where a PB is acting as the BC for a bank, the BC engaged by the PB shall not open deposit accounts for the partner bank for whom the PB acts as the BC or undertake KYC documentation for that bank.
6.3 Bank charges, lockers, nominations, facilities to disabled persons, etc.
The extant provisions in this regard as applicable to scheduled commercial banks, shall be applicable to PBs as well.
7. Bank deposits
(i) As provided in the current RBI directions, PBs can accept only savings and current deposits. The aggregate limit per customer shall not exceed ₹100,000, as provided in the Licensing Guidelines. However, the RBI will have no objection to the PBs making arrangements with any other scheduled commercial bank / SFB, for amounts in excess of the prescribed limits, to be swept into an account opened for the customer at that bank. This arrangement should be activated with the prior written consent of the customer.
(ii) The above limit shall apply to customer deposits and not to any security/earnest money deposit the bank may collect from any of its service providers in the ordinary course of business.
(iii) All RBI and BR Act provisions and RBI directions relating to minimum balance, inoperative accounts, unclaimed deposits including transfer of such deposits to the Depositors Education and Awareness Fund maintained by RBI on regular basis, nominations, cheques/drafts, etc., will be applicable to the PBs.
(iv) Payments Banks:
need not issue passbooks for the deposit accounts;
may provide statement of account in paper form on request on chargeable basis, or otherwise;
may provide account information through multiple user friendly modes such as SMS and/or internet banking; and
should provide electronic confirmation through SMS/e-mail/printed proof for each account transaction.
(i) As provided in the current RBI directions, PBs can accept only savings and current deposits. The aggregate limit per customer shall not exceed ₹100,000, as provided in the Licensing Guidelines. However, the RBI will have no objection to the PBs making arrangements with any other scheduled commercial bank / SFB, for amounts in excess of the prescribed limits, to be swept into an account opened for the customer at that bank. This arrangement should be activated with the prior written consent of the customer.
(ii) The above limit shall apply to customer deposits and not to any security/earnest money deposit the bank may collect from any of its service providers in the ordinary course of business.
(iii) All RBI and BR Act provisions and RBI directions relating to minimum balance, inoperative accounts, unclaimed deposits including transfer of such deposits to the Depositors Education and Awareness Fund maintained by RBI on regular basis, nominations, cheques/drafts, etc., will be applicable to the PBs.
(iv) Payments Banks:
need not issue passbooks for the deposit accounts;
may provide statement of account in paper form on request on chargeable basis, or otherwise;
may provide account information through multiple user friendly modes such as SMS and/or internet banking; and
should provide electronic confirmation through SMS/e-mail/printed proof for each account transaction.
8. KYC requirements
i. At their discretion, PBs may (like all other banks) decide not to take the wet signature while opening accounts and instead rely upon the electronic authentication/confirmation of the terms and conditions of the banking relationship/account relationship keeping in view their confidence in the legal validity and authenticity of such authentications/confirmations. However, all the extant regulations concerning KYC including those covering the Central KYC Registry, and any subsequent instructions in this regard, as applicable to commercial banks, would be applicable to PBs.
ii. PBs should ensure that every customer, including customers of mobile companies on-boarded comply with the KYC regulations, which could include simplified account opening procedures. It is clarified here that if the KYC done by a telecom company, which is a promoter / promoter group entity of the PB, is of the same quality as prescribed for a banking company, PBs may obtain the KYC details of the customer from that telecom company, subject to customer consent.
9. Foreign exchange business
Payments Banks shall:
comply with all the conditions attached with the AD Cat II licence that will be issued by the FED, CO.
implement the provisions of Foreign Contribution (Regulation) Act, 2010 (As applicable to commercial banks).
10. Other banking services
10.1 Currency distribution(covering detection of forged and counterfeit notes, currency chest facilities, facilities for exchange of notes)
PBs may, at their option, exchange mutilated and defective notes at their branches, subject to compliance with RBI norms.
10.2 Customer education and protection
i. All customer grievance issues related to a particular access point should be addressed both at the access point and at the district level location mentioned above at paragraph 6.1 (ii).
ii. PBs will be covered by the Banking Ombudsman (BO) Scheme.
iii. The mechanism put in place by PBs to effectively resolve customer complaints and its communication to customers, and role of different levels (access point, controlling office (centre at the district level), and head office) in grievance redressal should be clearly communicated to RBI along with the application for licence.
iv. The customer service policy approved by the boards of the PBs should provide for continuous and intensive monitoring of redressing of customer grievance by the PBs.
v. RBI will closely supervise the grievance redress system of the bank through both onsite and off-site surveillance system.
11. Outsourcing of operations, internet banking and mobile banking
i. The extant provisions in this regard as applicable to scheduled commercial banks, shall be applicable to PBs as well.
ii. Loading of PPI balances through other bank credit cards will be permitted.
12. Implementation of Ind AS
Implementation of Ind AS would be applicable to PBs once they become scheduled banks. In view of the same, it is recommended that the PBs start adoption of the same in order to avoid transition costs subsequently.
i. At their discretion, PBs may (like all other banks) decide not to take the wet signature while opening accounts and instead rely upon the electronic authentication/confirmation of the terms and conditions of the banking relationship/account relationship keeping in view their confidence in the legal validity and authenticity of such authentications/confirmations. However, all the extant regulations concerning KYC including those covering the Central KYC Registry, and any subsequent instructions in this regard, as applicable to commercial banks, would be applicable to PBs.
ii. PBs should ensure that every customer, including customers of mobile companies on-boarded comply with the KYC regulations, which could include simplified account opening procedures. It is clarified here that if the KYC done by a telecom company, which is a promoter / promoter group entity of the PB, is of the same quality as prescribed for a banking company, PBs may obtain the KYC details of the customer from that telecom company, subject to customer consent.
9. Foreign exchange business
Payments Banks shall:
comply with all the conditions attached with the AD Cat II licence that will be issued by the FED, CO.
implement the provisions of Foreign Contribution (Regulation) Act, 2010 (As applicable to commercial banks).
10. Other banking services
10.1 Currency distribution(covering detection of forged and counterfeit notes, currency chest facilities, facilities for exchange of notes)
PBs may, at their option, exchange mutilated and defective notes at their branches, subject to compliance with RBI norms.
10.2 Customer education and protection
i. All customer grievance issues related to a particular access point should be addressed both at the access point and at the district level location mentioned above at paragraph 6.1 (ii).
ii. PBs will be covered by the Banking Ombudsman (BO) Scheme.
iii. The mechanism put in place by PBs to effectively resolve customer complaints and its communication to customers, and role of different levels (access point, controlling office (centre at the district level), and head office) in grievance redressal should be clearly communicated to RBI along with the application for licence.
iv. The customer service policy approved by the boards of the PBs should provide for continuous and intensive monitoring of redressing of customer grievance by the PBs.
v. RBI will closely supervise the grievance redress system of the bank through both onsite and off-site surveillance system.
11. Outsourcing of operations, internet banking and mobile banking
i. The extant provisions in this regard as applicable to scheduled commercial banks, shall be applicable to PBs as well.
ii. Loading of PPI balances through other bank credit cards will be permitted.
12. Implementation of Ind AS
Implementation of Ind AS would be applicable to PBs once they become scheduled banks. In view of the same, it is recommended that the PBs start adoption of the same in order to avoid transition costs subsequently.
7th CPC : New Allowances from August ?
Following News has been published by Sen Times, a popular website for Central Govt. employees.
“Fatter allowances are likely to be implemented with effect from August 1, 2016,” sources in Finance Ministry familiar with the matter said today morning asking not be named.
The arrears of hike in basic pay is usually only paid. No arrears for allowances is paid, as per usual practice, the allowances is paid from the date of starting payment of salaries on the recommendation of the new pay commission, the 7th Pay Commission recommendations has been started from August. Hence the government will implement higher allowance from August 2016 and the government is considering this angle,” the sources said.
The government has paid its employees arrears arising from implementation of the 7th Pay Commission recommendations in one go in August salaries. The basic pay hike has been made effective from January 1, 2016.
“The FM is likely to approve the proposal of committee on allowances which will stick to the 7th Pay Commission’s recommendations on allowances like glue and the higher allowances will be implemented with prospective effect from August 2016,” the sources confirmed.
However, the central government employees unions demanded for implementation of the allowances with retrospective effect from January 2016.
The hike in allowances is likely to happen by October 31, the sources told The Sen Times.
Click below link to Read Full article from source
DIRECTORATE ON THE MOVE TO IMPLEMENT THE ORDERS OF THE HONBLE SUPREME COURT FOR UPGRADING PAY SCALE OF POSTMAN FROM 1.1.96 INSTEAD OF 10.10.1997
PAYMENT BANKS CAN NOW LEND/LOAN TO ITS OWN EMPLOYEES OUT OF ITS OWN FUNDS
New OG prescribed by RBI wide circular
RBI/2016-17/80
DBR.NBD.No.25/16.13.218/2016-17
dated : October 6, 2016
The extant provisions in this regard as applicable to private sector banks, shall be applicable to PBs as well.
6.1 Authorization of Access Points
i. The annual plans for opening of physical access points by the PBs for the initial five years would need prior approval of RBI. The first of such plan shall be submitted to RBI before commencement of business. After the initial stabilisation period of five years, and after a review, RBI may liberalize the requirement of prior approval.
ii. An employee of the PB should be available for sufficient duration, at a fixed location known to the customers at the district level, to attend to customer grievances and support the agent supervision. This fixed location may also be used to conduct the banking business of the PB, and it will be considered as a physical access point for the purposes of assessing the requirement of opening at least 25 per cent physical access points in rural centres.
The extant provisions in this regard as applicable to scheduled commercial banks, shall be applicable to PBs as well.
7. Bank deposits
(i) As provided in the current RBI directions, PBs can accept only savings and current deposits. The aggregate limit per customer shall not exceed ₹100,000, as provided in the Licensing Guidelines. However, the RBI will have no objection to the PBs making arrangements with any other scheduled commercial bank / SFB, for amounts in excess of the prescribed limits, to be swept into an account opened for the customer at that bank. This arrangement should be activated with the prior written consent of the customer.
(ii) The above limit shall apply to customer deposits and not to any security/earnest money deposit the bank may collect from any of its service providers in the ordinary course of business.
(iii) All RBI and BR Act provisions and RBI directions relating to minimum balance, inoperative accounts, unclaimed deposits including transfer of such deposits to the Depositors Education and Awareness Fund maintained by RBI on regular basis, nominations, cheques/drafts, etc., will be applicable to the PBs.
10.2 Customer education and protection
i. All customer grievance issues related to a particular access point should be addressed both at the access point and at the district level location mentioned above at paragraph 6.1 (ii).
ii. PBs will be covered by the Banking Ombudsman (BO) Scheme.
iii. The mechanism put in place by PBs to effectively resolve customer complaints and its communication to customers, and role of different levels (access point, controlling office (centre at the district level), and head office) in grievance redressal should be clearly communicated to RBI along with the application for licence.
iv. The customer service policy approved by the boards of the PBs should provide for continuous and intensive monitoring of redressing of customer grievance by the PBs.
v. RBI will closely supervise the grievance redress system of the bank through both onsite and off-site surveillance system.
11. Outsourcing of operations, internet banking and mobile banking
i. The extant provisions in this regard as applicable to scheduled commercial banks, shall be applicable to PBs as well.
ii. Loading of PPI balances through other bank credit cards will be permitted.
12. Implementation of Ind AS
Implementation of Ind AS would be applicable to PBs once they become scheduled banks. In view of the same, it is recommended that the PBs start adoption of the same in order to avoid transition costs subsequently.
Diwali stamp released by US Postal Service
NEW YORK: A Diwali stamp was launched here by the US postal service, capping seven-year-long efforts by Indian-Americans and influential American lawmakers to commemorate the festival of lights.
The US Postal Service (USPS) commemorated the Hindu festival of Diwali by dedicating the Diwali Forever stamp.
The stamp was unveiled at the Indian Consulate at an elaborate "first-day-of-issue" dedication ceremony yesterday.
The US Postal Service (USPS) commemorated the Hindu festival of Diwali by dedicating the Diwali Forever stamp.
The stamp shows a photo of a traditional 'diya' lit against a sparkling gold background and the words 'Forever USA 2016' written below.
The ceremony was attended by Consul General Ambassador Riva Ganguly Das, Congresswoman Carolyn Maloney, Diwali Stamp Project Chair Ranju Batra, USPS Vice President for Mail Entry and Payment Technology Pritha Mehra, India's former Permanent Representative to the United Nations Ambassador Hardeep Singh Puri and eminent Indian-American attorney Ravi Batra.
"It has taken many years of hard work and advocacy but light has finally triumphed. Today, Diwali has received its long awaited commemorative stamp and rightfully joins the ranks of other major religious and cultural holidays such as Christmas, Kwanzaa, Hanukkah and Eid," Maloney said.
Mehra said the postal service is "honoured" to issue the Forever stamp that celebrates the Festival of Diwali.
"We hope these stamps will light up millions of cards and letters as they make their journey through the mailstream," she said.
Das said she was "honoured" to be part of history as the USPS releases the Diwali Forever stamp.
"Now for the first time there is a stamp that celebrates Hindus, Sikhs, Jains and Buddhists as Americans forever. The Diwali stamp will be a matter of pride for generations to come," Ranju Batra said.
Ravi Batra said since the start of the American Revolution, "destiny has beckoned the US and India to be the closest allies" and the Diwali stamp "represents nothing short of respectful inclusive indivisibility within America and between two sovereigns."
Sally Andersen-Bruce of Connecticut photographed the diya and Greg Breeding of Virginia designed the stamp, with William Gicker of Washington serving as the project's art director.
Maloney said getting the Diwali stamp involved years of hard work and advocacy, including thousands of petition signatures, multiple meetings with Prime Minister Modi, personal appeals to President Barack Obama, and multiple Congressional Resolutions.
She said the Diwali stamp would not have become a reality without the "tireless efforts" of thousands of grassroots supporters across the country who wrote letters and signed petitions.
"This stamp represents the triumph of knowledge over ignorance, lightness over dark and good over evil. These values, these virtues, are more important and relevant than ever before and I am thrilled that after many years of fighting for this stamp it has finally become a reality," she said.
Source:-The Economic Times
Tax dept scanning IDS disclosures filed through post
NEW DELHI: The tax department may take at least a week to compile the final number of disclosures made under the nation's biggest black money scheme as they are scrutinising postal declarations to weed out fraudulent filings that may have been made in the name of unsuspecting honest tax payers.
It is doing physical verification by calling up declarants in whose name the disclosures have been filed through post to ensure that no one else has filed them fraudulently, a top official said .
There can be cases where a person could have filed an application in some other person's name, disclosing black money," he said.
"The person in whose name the disclosure has been filed may actually not have any undisclosed income or asset. But he will face unnecessary hassle if the tax department were to take the application on face value and start pursuing a tax demand of 45 per cent on the amount declared," he added.
The official said that while there isn't much problem with e-filing through digital signature, it is the disclosures received by posts where there could be some trouble in store.
Doing physical verification of such applications will take sometime and the final number of black money disclosed in the four-month compliance window which ended on September 30 will be known only after that.
"This may take a week to 10 days if not more," he said.
In the biggest-ever disclosure of hidden wealth, a huge sum of of Rs 65,250 crore in black money has been declared by 64,275 declarants through the one-time window. This number will go once the final tabulations are completed, the government had said on October 1.
The four month one-time window ending September 30 under the Income Disclosure Scheme (IDS) provided for a simple declaration to be filed of the income or assets that had previously been not disclosed and on which tax had not been paid. The 45 per cent tax on these disclosures is to be paid subsequently.
The declarants will have to pay tax on this amount in three instalments up to September 30, 2017. At least half of the tax amount will accrue this fiscal.
Government had offered a one-time chance to holders of income and assets that had illegally escaped taxes, to come clean by paying 45 per cent in tax and penalty.
The official further said that the tax department will maintain the secrecy of the disclosures and no enquiry or investigation shall be launched on undisclosed income and assets declared under the scheme even if evidence is found subsequently during search or survey proceedings.
Specific information on declarations will not be shared with anyone including investigating agencies like CBI and official auditor CAG, he added.
Source : http://economictimes.indiatimes.com/
New Interest Rates - Small Savings Scheme - 3rd Quarter of FY 2016-2017
LIC Bonus Rates for 2016-2017
7th Pay Commission: FinMin to make a careful and critical examination of revised pay of govt staff, recover the excess
New Delhi: The controller general of accounts has instructed its officials to examine if revised salaries of government employees are in line with the recommendations of the Pay Commission and recover any excess amount paid.
The government has implemented the 7th Pay panel recommendation of a hike of 2.57 times in basic salary of employees with effect from January 1. It has paid about Rs 56,000 crore as wage arrears in August salary of employees.
While implementing the award, the finance ministry had asked the controller general of accounts (CGA) that arrear claims may be paid without pre-check of the pay fixation statement in revised scales to expedite the disbursement.
"It would be necessary to ensure the pay fixation consequent upon the revision of pay structure has been correctly done with reference to the orders of the government," CGA said.
It has now issued a fresh office memorandum asking the Controller of Accounts in various ministries and departments to undertake the exercise of checking pay fixation statements and flag mistakes. The memorandum further said steps should be initiated to recover from individuals any excess amount paid.
CGA is the principal accounts advisor to the government and maintains a sound management accounting system. CGA comes out with an analysis on government's expenditure, revenues and fiscal deficit figure at the end of every month.
The fiscal deficit, the gap between expenditure and revenue for the entire fiscal, has touched 76.4 percent of Budget estimates at the end of August. For full 2016-17, fiscal deficit is targeted at Rs 5.33 lakh crore or 3.5 percent of GDP.
PTI
Cases for consideration by the Anomaly committee -2 - regarding
Sub: Cases for consideration by the Anomaly committee - regarding
1. I take this opportunity for submission of the following case for consideration by the anomaly committee.
2. The case
This is regarding the option for pay fixation on promotion from the date of next increment. The promotion includes the promotion under MACPS.
3. The anomaly
Rule 13 of CCS (RP) Rules stipulates that only those officials who have got a promotion between the dates of implementation of the 7th CPC (1.1.2016) and date of notification (25.7.2016) are eligible for pay fixation on the date of promotion or date of next increment.
FR 22 provides for the option for fixation of pay either on the date of promotion or on the date of next increment. Moreover, every promotion order must contain a clause to this effect. This benefit is guaranteed by the statutory provisions of FR 22.
Prior to 6th CPC also, this provision was available, even though the date of next increment is personal to each officials. Even though the 6th CPC introduced a uniform date of increment on 1st July, this benefit under FR 22 has been made available in case of promotion.
Prior to 6th CPC, there were scales of pay for various cadres. For an official who opted for pay fixation on the date of next increment, the official was placed at the next higher stage of the promoted scale from the date of promotion to the date of next increment. On the date of next increment, his pay was fixed in the promoted scale at a stage which was next higher to the figure arrived at by adding one increment in the feeder scale, subject to a minimum of Rs. 100.
As per CCS (RP) Rules 2008, the scales were replaced by pay band and Grade pay. In this case also, for an official who opted for pay fixation on the date of next increment, the official was given the difference of grade pay for the period between the date of promotion and the date of increment. On the date of next increment, his pay was fixed as per RP (Rules) 2008.
As per CCS (RP) Rules 2016, such option is available only for those officials who have been promoted between 1.1.2016 and 25.7.2016. The officials who are promoted after 25.7.16 are denied this option, as they are put into loss. This forces those officials who are promoted after 25.7.2016 to opt for their pay fixation on the date of promotion itself. It is to be noted that as per CCS (RP) Rules 2016, there will be no benefit between the date of promotion and the date of next increment, even if the opts for his pay fixation on the date of next increment.
In such a situation those officials will be put into a great financial loss.
Consider the case of a government with following details.
A government servant drawing Rs. 44100 in level 5 is promoted to level 6 with effect from 1.3.2017 (MACP II). As per CCS (RP) Rules 2016, his pay would be fixed as follows.
Fixation on the date of promotion itself 1.3.2017
| Pay in the present level 5 on the date of promotion 1.3.17 | Rs. 44100 |
| Next stage in level 5 on 1.3.17 | Rs. 45400 |
| Pay fixed in level 6 on 1.3.17 | Rs. 46200 |
| Pay on the date of next increment 1.1.18 | Rs. 47600 |
| Pay in the present level 5 on the date of promotion 1.3.17 | Rs. 44100 |
| Pay in the present level 5 on the date of next increment 1.7.17, after normal increment in level 5 | Rs. 45400 |
| pay after adding one increment in level 5 for promotion on 1.7.17 | Rs. 46800 |
| Pay on the date of next increment 1.1.18 | Rs. 47600 |
| Benefit between 1.3.17 to 30.6.17 | Nil |
It can be observed that if the option for pay fixation on the date of next increment is available, the official will get Rs. 47600 on 1.7.17 itself instead of on 1.1.18. But, the official is not extended any financial benefit between 1.3.17 to 30.6.17, which is guaranteed under the statutory provisions of FR
22.
As per the provisions contained in the CCS (RP) Rules 2016 itself this is an anomaly since this benefit is extended to a section of employees who were promoted between 1.1.16 and 25.7.16 and the same benefit is denied to the rest of the employees who are promoted after 25.7.16, which is a violation of equality before law as guaranteed by Article 14 of the Constitution of India.
4. Remedy suggested:
In Rule 13 of CCS (RP) Rules 2016 the following modifications are to be given.
“In case of promotion, the official will have the option to have his pay fixed as on the date of promotion or on the date of next increment, as per the statutory provisions of FR 22.
For option for pay fixation on the date of promotion, the procedure prescribed under RP rules 2016 holds good.
For option for pay fixation on the date of next increment, for the period between the date of promotion and the date of next increment, the pay should be fixed at the cell in the promoted level which is just higher to the pay in the lower level. On the date of next increment, his pay should be brought back to his original level and the pay should be fixed as per RP rules 2016, after drawal of the periodical increment.
For example, consider the following case cited early.
A government servant drawing Rs. 44100 in level 5 is promoted to level 6 with effect from 1.3.2017 (MACP II). As per RP Rules (2016), his pay would be fixed as follows.
Fixation on the date of next increment 1.7.2017
| Pay in the present level 5 on the date of promotion 1.3.17 | Rs. 44100 |
| Pay in the present level 5 on the date of next increment 1.7.17, after normal increment in level 5 | Rs. 45400 |
| pay after adding one increment in level 5 for promotion on 1.7.17 | Rs. 46800 |
| Pay on the date of next increment 1.1.18 | Rs. 47600 |
| Benefit between 1.3.17 to 30.6.17 | Rs. 44900 |
.
Thanking you.
From
Shri. R.Hariharakrishnan
Postmaster,
Srivaikuntam HO
Tamilnadu - 628601
Cases for consideration by the Anomaly committee -1 - regarding
Sub: Cases for consideration by the Anomaly committee - regarding
1. I take this opportunity for submission of the following cases for consideration by the anomaly committee.
2. The case
This is regarding the pay fixation on promotion from one level to higher level, which includes the promotion under MACPS.
3. The anomaly
Rule 13 of CCS (RP) Rules stipulates the method of fixation on promotion, which is reproduced below.
“ The fixation of pay in case of promotion from one level to another in the revised pay structure shall be made in the following manner, namely:-
(i) One increment shall be given in the level from which the employee is promoted and he shall be placed at a cell equal to the figure so arrived at in the level of the post to which promoted and if no such cell is available in the level to which promoted, he shall be placed at the next higher cell in that level.
Prior to 7th CPC, the fixation formula was to place at the next higher level in the promoted scale after giving one increment in the lower level. The word at a cell equal to and if not at the next higher cell is significant, especially in level 6 ,7 and 8. The relevant part of the pay matrix is reproduced below for ready reference.
Pay matrix
| Index | GP 4200 Level 6 | GP 4600 Level 7 | GP 4800 Level 8 |
| 1 | 44900 | 47600 | |
| 2 | 46200 | 49000 | |
| 3 | 47600 | 50500 | |
| 4 | 49000 | 52000 | |
| 5 | 50500 | 53600 | |
| 6 | 52000 | 55200 | |
| 7 | 53600 | 56900 | |
| 8 | 55200 | 58600 | |
| 9 | 44900 | 56900 | 60400 |
| 10 | 46200 | 58600 | 62200 |
| 11 | 47600 | 60400 | 64100 |
| 12 | 49000 | 62200 | 66000 |
| 13 | 50500 | 64100 | 68000 |
| 14 | 52000 | 66000 | 70000 |
| 15 | 53600 | 68000 | 72100 |
| 16 | 55200 | 70000 | 74300 |
| 17 | 56900 | 72100 | 76500 |
| 18 | 58600 | 74300 | 78800 |
| 19 | 60400 | 76500 | 81200 |
| 20 | 62200 | 78800 | 83600 |
It can be seen from the above that the levels are the same in the feeder level and the promoted level. This patter is observed only in the above 3 levels. As a result, the officials who are promoted from level 6 to 7 and from 7 to 8 are the losers as their pay will be fixed in the cell which would be equal to the amount in the lower level after addition of one increment. For all other levels, the officials would be fixed in the next higher cell of the promoted level. As such a section of employees will be put into loss on promotion.
4. Remedy suggested:
In Rule 13 of CCS (RP) Rules 2016 the following words to be deleted “equal to the figure so arrived at in the level of the post to which promoted and if no such cell is available in the level to which promoted“. The rule should be as follows.
(ii) “One increment shall be given in the level from which the employee is promoted and he shall be placed at the next higher cell to the figure so arrived at in the level of the post to which promoted.”
A comparison of benefits.
For comparison, the pay at index 14 is taken under various levels.
| Details | Level 1 to 2 | Level 2 to 3 | Level 3 to 4 | Level 4 to 5 | Level 5 to 6 |
| Pay in lower level | 26400 | 29300 | 32000 | 37500 | 42800 |
| Pay after adding one increment in lower level | 27200 | 30200 | 33000 | 38600 | 44100 |
| Pay in the higher level | 27600 | 30200 | 33300 | 39200 | 44900 |
| Benefit over the pay in the lower level | 1200 | 900 | 1300 | 1700 | 2100 |
| Percentage of benefit over the pay in the lower level | 4.54 | 3.07 | 4.06 | 4.53 | 4.9 |
| Details | Level6 to 7 | Level 7 to 8 | Level 8 to 9 | Level 9 to 10 | Level 10 to 11 |
| Pay in lower level | 52000 | 66000 | 70000 | 77900 | 82400 |
| Pay after adding one increment in lower level | 53600 | 68000 | 72100 | 80200 | 84900 |
| Pay in the higher level | 53600 | 68000 | 73400 | 82400 | 85800 |
| Benefit over the pay in the lower level | 1600 | 2000 | 3400 | 4500 | 3400 |
| Percentage of benefit over the pay in the lower level | 3.07 | 3.03 | 4.85 | 5.77 | 4.12 |
| Details | Level 11 to 12 | Level 12 to 13 | Level 13 to 13A | Level 13A to 14 | |
| Pay in lower level | 99500 | 115800 | 174100 | 192500 | |
| Pay after adding one increment in lower level | 102500 | 119300 | 179300 | 198300 | |
| Pay in the higher level | 102800 | 122100 | 181500 | 199600 | |
| Benefit over the pay in the lower level | 3300 | 6300 | 7400 | 7100 | |
| Percentage of benefit over the pay in the lower level | 3.31 | 5.44 | 4.25 | 3.68 |
| Details | Level 4 to 5 | Level 5 to 6 | Level 6 to 7 | Level 7 to 8 | Level 8 to 9 |
| Pay in lower level | 37500 | 42800 | 52000 | 66000 | 70000 |
| Pay after adding one increment in lower level | 38600 | 44100 | 53600 | 68000 | 72100 |
| Pay in the higher level | 39200 | 44900 | 53600 | 68000 | 73400 |
| Benefit over the pay in the lower level | 1700 | 2100 | 1600 | 2000 | 3400 |
| Percentage of benefit over the pay in the lower level | 4.53 | 4.9 | 3.07 | 3.03 | 4.85 |
From the above it could be seen that the percentage increase for promotions from levels 2 to 3, 6 to 7 and 7 to 8 are the least.
Example:
A government servant has the pay of Rs. 56900 in level 6 is promoted to level 7. As per RP (Rules) 2016, his pay would be fixed as follows.
Pay in level 6 Rs. 56900
Pay In level 6 after adding one increment Rs. 58600
Pay in level 7 after his promotion: Rs. 58600, since there is equal stage in level 7.
In the modified form of the rule his pay would be fixed at Rs. 60400
This anomaly may be taken at appropriate level and revised orders may caused to be issued so that all officials are extended the same amount of benefit on promotion.
Thanking you.
From
Shri. R.Hariharakrishnan
Postmaster,Srivaikuntam HO Tamilnadu - 628601
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