The AMPA is an assessment of competency. As for the oral examination, an AMPA is valid for twelve months. The purpose of a final assessment is to assess whether the applicant has operational knowledge and skills including knowledge of Australian maritime legislation. There is no basis to accept that a person has maintained the skills they acquired during their training or maintained currency in maritime legislative requirements beyond a period of twelve months.
The AMPAs are subset of the performance evidence of each unit of competency. They are not in addition to the assessment requirements of the VET regulators. We are responsible for the scheme and the appointment of final assessors. If a seafarer using an interim certificate of competency or even a full certificate of competency has an incident we will respond.
Provided a registered training organisation complies with our procedures, they will not be held liable. The registered training organisation process may, however, be investigated for negligence. The seafarer has signed a declaration that their sea service is true and correct, therefore the seafarer is responsible and if caught they will bear responsibility. The interim certificate of competency requires a final assessor to sign that the seafarer has 'made a statement that they have competed the required sea service'. It is a condition of approval as a final assessor that a registered training organisation not advertise the training and assessments it provides as being endorsed or approved in any way by AMSA.
Training organisations may provide a link to the Final assessors for low complexity certificates of competency page on our website. A registered training organisation may complete the AMPA on the basis of assessments previously conducted provided that:. If the training organisation does not have the evidence then the AMPA must be done. Once a seafarer has completed an AMPA for a unit of competency they do not have to re-do the AMPA if that unit of competency forms part of another qualification.
This applies to all units of competency. If a seafarer holds a certificate of competency they will be deemed to have met the AMPA requirements for all units within the qualification for that certificate of competency. If they went on to Coxswain grade 1 they would only be required to complete the AMPA for the four additional units required to complete the Coxswain grade 1 course. The assessor should insert the name of the certificate of competency held. For example:. For credit transfer for a person who completed units before the introduction of AMPAs, ideally, the seafarer should contact the registered training organisation where they completed the units.
That training organisation should be able to complete relevant sections of the AMPA based on their original assessment of the seafarer. If this is not possible then the training organisation which is doing the credit transfer will have to conduct the AMPA for those units. The second training organisation will then conduct the assessment for the remaining units and complete the AMPA.
There is no maximum time after course completion when a person may complete an AMPA. The registered training organisation is responsible for credit transfer and RPL. If a task is designated as an individual tasks each person must perform the task as an individual. For group tasks there must be maximum of five seafarers in the group.
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This does not mean you can only have five persons on the vessel at any time. It just means that there can only be five persons engaged in carrying out the specified task. There can be another group engaged in some other activity or awaiting their turn to perform the task. The vessel size specified in the AMPA is the minimum permitted. The maximum vessel size is not specified. The vessel must be appropriate to the certificate of competency being assessed and fitted and equipped to a standard sufficient to enable the seafarer to complete the practical assessment tasks.
The vessel must be able to carry the necessary equipment that is, not too small while at the same time allowing all required tasks to be performed by the seafarers that is, not too large. A further consideration in determining an appropriate vessel size is the size of vessel the seafarer will be permitted to operate once they receive their certificate of competency. For example, a coxswain AMPA must be completed on a vessel of greater than or equal to 5 metres.
If a vessel of that size cannot be fitted and equipped with the required equipment then a larger vessel must be used. Each seafarer for a coxswain AMPA is required to conduct a number of manoeuvres on the vessel including berthing the vessel. A vessel of 12 metres may be considered appropriate for this, however, one would question whether a 24 metre vessel would be appropriate and even whether it would be wise to use a vessel of this size given the knowledge and experience of a seafarer at coxswain level.
If a workshop is being used in addition to the engine appropriate auxiliary systems must also be available such as fuel, steering, bilge, electrical etc. There may be some instances where there are no vessels with inboard engines available in remote areas and a workshop is not a viable alternative as the training organisation is assessing in many locations, going to the seafarers rather than the seafarers coming to them.
In this case, the registered training organisation must supply details of the situation and the reasons for their inability to meet the requirements of the AMPA. However, registered training organisations should be aware that, other than for a person being trained on their own vessel, this would then make that vessel a domestic commercial vessel. As a seafarer is paying a fee to a registered training organisation the vessel is being used for commercial purposes so is no longer a recreational vessel.
Nobody sticks with everything. And you know what results this type of quitting has? It makes you happier, reduces stress and increases health. Wrosch found that people who quit their unattainable goals saw physical and psychological benefits. And they develop fewer physical health problems over time. You can do anything — when you stop trying to do everything.
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For more on how to determine what you should stick with and what you should abandon, click here. What does the research say you can do to have more grit? It sounds crazy…. Marshall Goldsmith did a study of incredibly successful people. After assembling all the data he realized the thing they all had in common. In fact, being delusional helps us become more effective.
If they were totally accurate, your goals would be too low. Survivors and great entrepreneurs have this in common. Crazy successful people and people who survive tough situations are all overconfident. Very overconfident. About facing reality? You need to make a distinction between denial about the situation and overconfidence in your abilities. The first one is very bad, but the second one can be surprisingly good.
See the world accurately — but believe you are a rockstar. For more on what the most successful people have in common, click here. Who survives life threatening situations? People who have done it before. People who have prepared. How do you survive a WW2 shipwreck and shark attacks? As the days went by, he continued to concentrate on strategies for survival.
At one point, a rubber life belt floated by and he grabbed it. He had heard that the Japanese would use aircraft to strafe shipwrecked Americans. The life belt could be blown up through a rubber tube. He cut the tube off and kept it, reasoning that if the Japanese spotted them, he could slip under water and breathe through the tube. He was planning ahead. He had a future in his mind, and good survivors always concentrate on the present but plan for the future.
Reserve Bank of India - Notifications
Thus, taking it day by day, hour by hour, and sometimes minute by minute, did Don McCall endure. One caveat: as learning expert Dan Coyle recommends, make sure any prep you do is as close to the real scenario as possible. Bad training can be worse than no training. When police practice disarming criminals they often conclude by handing the gun to their partner. One officer trained this so perfectly that in the field he took a gun from a criminal — and instinctively handed it right back.
Bank should, however, notify such depositors of its policy of disallowing premature withdrawal in advance, i. 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, 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. However, the signatures of both the depositors may have to be obtained, in case the deposit is to be paid before maturity. This, however, would not stand in the way of making payment to the survivor on maturity. However, the signature of both the depositors may have to be obtained, in case the deposit is to be paid before 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. 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 joint mandate from the joint depositors to this effect.
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.
It is also reiterated that such premature withdrawal would not attract any penal charge. 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. 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. However, in no case should the amount or duration of the original deposit undergo a change in any manner in case the deposit is a term deposit. A 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. 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.
However, suitable note may be made regarding renewal in the deposit ledger. In the advice to the depositor, the rate of interest at which the deposit is renewed should also be mentioned. 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. Such instances arise because either the forms are misplaced or a track is not kept of forms received in the branches. This will help in building a system of accountability and customers will not be put to inconvenience due to any omission on part of the banks.
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.
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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 the Income Tax Rules. 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 deposits, if any, are required to be done through ATMs. Banking, by definition, means acceptance of deposits of money from the public for the purpose of lending and investment. As such, 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, , which stipulates that the father alone should be deemed to be the guardian in such case.
To overcome this legal difficulty and to enable the banks to open freely such accounts in the name of minors under the guardianship of their mothers, it was suggested in some quarters that the above provisions should be suitably amended. While it is true that an amendment of the above Act may overcome the difficulty in the case of Hindus, it would not solve the problem for other communities as minors belonging to Muslim, Christian, Parsi communities would still be left out unless the laws governing these communities are also likewise amended.
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 safeguards mentioned above. Minors above the age of 10 years may be allowed to open and operate savings bank accounts independently, if they so desire.
Banks may, however, keeping in view their risk management systems, fix limits in terms of age and amount up to which minors may be allowed to operate the deposit accounts independently. They can also decide, in their own discretion, as to what minimum documents are required for opening of accounts by minors. 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 banks liable for penalty under Banking Regulation Act, If a response is received within a fortnight, banks should assess the situation with reference to information provided on the prospective customer by the bank concerned and are not required to solicit a formal no objection, consistent with true freedom to the customer of banks as well as needed due diligence on the customer by the bank.
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 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.
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. 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.
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No bilateral settlement arrangement outside 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 issuing and acquiring banks. Non-adherence to the provisions contained in para 5. Information that complaints should be lodged at the branches where customers maintain accounts to which ATM card is linked. To improve the customer service through enhancement of efficiency in ATM operations, banks are advised to initiate following action:.
The process flow followed for ATM transactions varies from bank to bank. The type of card readers installed by each ATM vendor also contributes to the variation in the 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.
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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. Non-adherence to the above provisions shall attract penalty as prescribed under the Payment and Settlement Systems Act Act 51 of 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.
In the case of MOTO and SI transactions, it has been stated that in case of customer complaint regarding issues, if any, arising 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.
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 :. In the event of customer wanting to exceed the cap, an additional authorization may be insisted upon. 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 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. 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. Though many banks have in the recent past voluntarily abolished pre-payment penalties on floating rate home loans, there is a need to ensure uniformity across the banking system. 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:. 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.
This practice followed by some banks is contrary to the spirit of the Reserve Bank's guidelines on reasonableness of bank charges. It is clarified that cash handling charges may not be included under intersol charges. 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. No particular banking hours have been prescribed by law and a bank may fix, after due notice to its customers, whatever business hours are convenient to it i. 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. 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 Establishment Act, etc. Clearing House authority of the place should also be consulted in this regard. The banks' branches in rural areas can fix the business hours i. This may, however, be done subject to the guidelines given above.
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. 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.
Such non-cash transactions to be done during the extended business hours should be notified adequately for information of the customers. It is necessary that in such cases the transactions conducted during such extended hours of business are merged with the main accounts of the branch where it is decided to provide the aforesaid facilities. The concerned 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. 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 such as service charges, interest rates, services offered, product information, time norms for various banking transactions and grievance redressal mechanism. 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:. At the same time, the Group felt that there may not be any need to place detailed information in the Notice Board and only the important aspects or 'indicators' to the information be placed.
Accordingly, the existing mandatory instructions have been broadly grouped into four categories mentioned above and given in a Comprehensive Notice Board which has been formulated by the above Group. The 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:. 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. 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. The language requirements i. The notice board shall specifically indicate wherever recent changes have been done.
The notice board may also indicate a list of items on which detailed information is available in booklet form. In this connection, banks may also adhere to the following broad guidelines:. 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.
Banks should adhere to the broad guidelines relating to dating of material, legibility, etc. Further, there are certain information relating to service charges and fee and grievance redressal that are to be posted compulsorily on the websites of the bank. 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 applicable location-wise may be displayed according to their applicability. 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. 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 with effect from April 1, 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 interest rates for such loans.
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.
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 Service Charges for various types of services — Should cover typical common services including courier charges — What services are available without any charges.
Details of branches along with addresses and telephone numbers with search engine for queries relating to branch location. 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 decisions through their websites, notice-boards, product literature, etc. The person who would be actually drawing the money from the bank should be asked to furnish his signature to the bank. The Supreme Court has held in AIR — Supreme Court, 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. Indian Banks' Association has framed operational guidelines for implementation of its member banks on providing banking facilities to persons with disabilities. 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 advised to report the progress made in this regard periodically to their respective Customer Service Committee of the Board and ensure compliance. In the Case No. In the above Order, the Honorable Court has instructed that banks should offer all the banking facilities including cheque book facility, ATM facility and locker facility to the visually challenged and also assist them in withdrawal of cash.
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. Banks may also advise their branches to render all possible assistance to the visually challenged for availing the various banking facilities. 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. The Mental Health Act, 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. Sections 53 and 54 of this Act provide for the appointment of guardians for mentally ill persons and in certain cases, managers in respect of their property. The prescribed appointing authorities are the district courts and collectors of districts under the Mental Health Act, 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.
In case of doubt, care may be taken to obtain proper legal advice. In a case which came up before the High Court of Delhi, the Honorable Court had directed that all banks should ensure that their branches display in a conspicuous place i essential details about the facilities under the enactment Mental Disabilities Act ; ii the fact that the parties can approach the Local Level Committees, for the purpose of issuance of the certificate and that the certificate issued under the Mental Disabilities Act is acceptable; and iii the details of the Local Level Committees in that area.
Banks are advised to strictly comply with the above orders of the Court. 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.
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Necessary changes in system and procedures to speed up issue and payment of drafts should be taken. All superscriptions about validity of the demand draft should be provided at the top of the draft form. A draft should be uniformly valid for a period of three months and procedure for revalidation after three months should be simplified. 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 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. 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.
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 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. 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 —the-day under any circumstance. The contact details of CFCs are available on websites of banks as well as the website of RBI for easy availability to the customers.
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. 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:.
Positive confirmation of credit to beneficiary account is invariably sent for all inward transactions received by the bank. 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. However, banks may place per transaction limits based on their own risk perception with the approval of its Board.
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 acknowledgement if the customer tenders the cheques at the counters. 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, Hindi and the concerned regional language of the State. Due to the technological progress in 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 rather than through issuance of guidelines by RBI.
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 standard cheques, banks are advised that non CTS 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 standard instruments in view of the arrangement for clearing of such instruments at less frequent intervals.
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They may also put in place appropriate arrangement for handling customer complaints, if any, arising out of this new arrangement. The policy should be placed before the Board of the Bank along with Reserve Bank's earlier instructions as indicated in paragraph 3. 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.
Further, banks are advised as under:. Ideally, in respect of local clearing, banks shall permit usage of the shadow credit afforded to the customer accounts immediately after 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. 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 corresponding maturity. The timeframe for collection specified by the Commission shall be treated as outer limit and credit shall be afforded if the process gets completed earlier. Accordingly, banks were directed that they should not collect account payee cheques for any person other than the payee constituent. This instruction would also apply with respect to the cheque drawn by a bank payable to another bank.
Under such arrangements, there should be clear undertaking to the effect that the proceeds of the account payee cheque will be credited to the payee's account only, upon realization.
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