CODE OF BANK’S COMMITMENT TO MICRO AND SMALL ENTERPRISES
INTRODUCTION
This is a voluntary Code, which
sets minimum standards of banking practices for banks to follow when they are
dealing with Micro and Small Enterprises (MSEs) as defined in the Micro Small and Medium Enterprises
Development (MSMED) Act, 2006. It provides protection to you and explains how
banks are expected to deal with you for your day to-day operations and in times
of financial difficulty.
The Code does not replace or
supersede regulatory or supervisory instructions issued by the Reserve Bank of
India (RBI) and we will comply with such instructions /directions issued by the
RBI from time to time. The provisions of
the Code may set higher standards than what is indicated in the regulatory or
supervisory instructions and such higher standards will prevail, as the Code
represents best practices agreed by us as our commitment to you.
In the Code, ‘you’ denotes the MSE
in India and ‘we’, the bank that you deal with.
1.1
Objectives of the Code
The Code has been developed to
a.
Give a positive thrust to the MSE
sector by providing easy access to efficient banking services.
b.
Promote good and fair banking
practices by setting minimum standards in dealing with you.
c.
Increase transparency so that you
can have a better understanding of what you can reasonably expect of the
services.
d.
Improve our understanding of your
business through effective communication.
e.
Encourage market forces, through
competition, to achieve higher operating standards.
f.
Promote a fair and cordial
relationship between you and us and also ensure timely and quick response to
your banking needs.
g.
Foster confidence in the banking
system.
The standards of the Code are
covered by the key commitments in Section 2.
1.2
Application Of The Code
As defined in the MSMED Act, 2006,
MSEs cover Micro and Small Enterprises engaged in the manufacturing or
production or processing or preservation of goods and those engaged in
providing or rendering of services.
Unless it says otherwise, all parts
of this Code apply to all the products and services listed below, under current
regulatory instructions, whether they are provided by branches, subsidiaries,
joint ventures or agents, across the counter, over the phone, by post, through
interactive electronic devices, on the internet or by any other mode. However,
all products discussed here may or may not be offered by us.
a. Current accounts,
term deposits, recurring deposits, and all other deposit accounts.
b. Payment services such as payment orders, remittances by
way of Demand Drafts and wire transfers or through electronic or any other
mode.
c. Banking services related to Government transactions.
d. Demat accounts,
equity, government bonds.
e. Indian currency notes exchange facility.
f. Collection of cheques.
g. Loans and other credit
facilities including off balance sheet
products such as Letters of Credit, Bills, Bank Guarantees etc.
h. Foreign exchange services including money changing.
i. Third party insurance and investment products sold by
us.
j. Card products
like ATM/ Debit/Credit cards and services
k. Factoring services.
l. Merchant Services.
2.
KEY COMMITMENTS
2.1
Our Key Commitments To You
2.1.1 To Act Fairly And
Reasonably In All Our Dealings With You By
a. Providing minimum banking facilities of receipt and
payment of cash/cheques at the bank’s counter.
b. Providing speedy and efficient credit and service
delivery.
c. Meeting the commitments and standards in this Code, for
the products and services we offer, and in the procedures and practices our
staff follow.
d. Making sure our products and services meet relevant laws
and regulations in letter and spirit.
e. Ensuring that our dealings with you rest on ethical
principles of integrity and transparency.
f. Operating secure and reliable banking and payment and settlement systems.
g. Considering cases of financial difficulty
sympathetically (see paragraph 5.6 below).
2.1.2 To Help You
Understand How Our Financial Products And Services Work By
a. Giving you information about them in any one or more of
the following languages: Hindi, English or the appropriate local language.
b. Ensuring that our advertising and promotional literature
is clear.
c. Ensuring that you are given clear information about our
products and services, the terms and conditions and the interest rates/service
charges, which apply to them.
d. Ensuring that there is no mis-selling of our products.
e. Giving you information on what are the facilities
provided to you and how you can avail of these, what are their financial
implications and whom you can contact for addressing your queries.
2.1.3
To Help You Use Your Account Or Service By
a. Providing you regular appropriate updates.
b. Keeping you informed about changes in the interest rates,
charges or terms and conditions.
2.1.4
To Deal Quickly And Sympathetically When Things Go Wrong By
a. Correcting mistakes promptly and cancelling any bank
charges that we apply due to our mistake.
b. Handling your complaints promptly.
c. Telling you how to take your complaint forward if you
are still not satisfied (see paragraph No. 10 below).
d. Providing suitable alternative avenues to alleviate
problems arising out of technological failures in the bank.
2.1.5 To Treat All Your Personal
And Business Information As Private And Confidential
We
will treat all your personal and business information as private and
confidential subject to matters mentioned in paragraph No. 4 below.
2.1.6
To Publicise The Code
We
Will
a. Provide you (existing customer) with a copy of the Code on
request free of cost.
b. Provide you (new customer) with a copy of the Code when
you open your account.
c. Make available this Code for perusal at every branch and
on our website.
d. Ensure that our staffs are trained to provide relevant
information about the Code and to put the Code into practice.
2.1.7
To Adopt And Practice A Non Discrimination Policy
We
will not discriminate on the basis of age, race, gender, marital status, religion
or disability, if any, of the promoter/proprietor/partner/s of the enterprise.
3.
INFORMATION
You
can get information on interest rates, common fees and charges through any of
the following
a. Phoning our branches or help-line.
b. Looking at our website.
c. Asking our designated staff/help desk.
d. Referring to the Tariff
Schedule (see paragraph 3.3 below) which is
available at the branch and on our website.
3.1
If You Want To Become Our Customer
We
Will
a. Give you information on all schemes offered by us
specifically for MSEs.
b. Give you information to explain the key features of our
loan and products viz cash credit, term loans, guarantees,
bill discounting/purchase, off balance sheet items including applicable
interest rate, methodology of calculation of interest and fees and charges.
c. Endeavour to customize the product and service that you
choose, to suit your needs
d. Tell you if we offer products and services in more than
one way [for example, through ATMs, on the Internet, over the phone, in
branches and so on] and tell you how to find out more about them.
e. Tell you what information we need from you to prove your
identity and address, for us to comply with legal, regulatory and internal
policy requirements.
3.2
Interest Rates
Changes in interest rates
We
will inform you of the change in interest rates on our products within seven
days of the decision by
a. Writing to you.
b. Notice at the branch.
c. Placing on website.
3.3
Tariff Schedule
Fees & Charges
a. We will make known to you all charges applicable to the products
and services chosen by you like charges leviable for non maintenance of minimum
balance, collection of outstation cheques, issue of Demand Drafts and cheque
books, account statement, account closure and charges for deposit/withdrawal at
ATM locations.
b. We will place our Tariff schedule on our website and
make a copy available at every branch for your perusal, free of cost.
c. We will display on our website and in our branches a
list of services which are rendered free of charge.
d. We will also provide you information about the penalties
leviable in case of non-observance/violation of any of the terms and conditions
governing the product/services chosen by you.
e. We will not increase charges on account of the branch
being upgraded to Core Banking Solutions (CBS).
Changes
in Fees & Charges
If
we increase any of these fees or charges or introduce a new fee or charge, it
will be notified through our website/statements of accounts/email /SMS
alerts/notice board at branches 30 days prior to the revised charges becoming
effective.
3.4
Terms And Conditions
a. When you become a customer or avail of a product/
service for the first time, we will advise you the relevant terms and
conditions for the service you have asked us to provide.
b. All terms and conditions will be fair and will set out
respective rights especially with regard to nomination
facility, wherever applicable and
liabilities and obligations clearly and as far as possible in plain and simple
language.
Changes
to Terms and Conditions
a. When you become a customer, you can get information of
changes to terms and conditions through any of the following channels
i)
Account statements
ii)
ATMs
iii)
Written communication
iv)
Notice Board at each branch
v)
Email/ website/ SMS
b. If we have made any change without notice we will notify
the change within 30 days. If such change is to your disadvantage, you may
within 60 days and without notice close your account or switch it without
having to pay any extra charges or interest.
c. If we have made a major change or a lot of minor changes
in any one year, we will, on request give you a copy of the new terms and
conditions or a summary of the changes.
4. PRIVACY AND CONFIDENTIALITY
We
will treat all your personal and business information as private and
confidential [even when you are no longer a customer], and shall be guided by
the following principles and policies. We will not reveal information or data
relating to your accounts, whether provided by you or otherwise, to any one,
including other companies/entities in our group, other than in the following
exceptional cases
a. If we have to give the information by law.
b. If there is a duty towards the public to reveal the
information.
c. If our interests require us to give the information (for
example, to prevent fraud) but we will not use this as a reason for giving
information about you or your accounts [including your name and address] to
anyone else, including other companies in our group, for marketing purposes.
d. If you ask us to reveal the information, or if we have
your permission.
e. If we are asked to give a banker’s reference about you,
we will need your written permission before we give it.
We
will explain to you the extent of your rights under the existing legal
framework for accessing the personal records that we hold about you.
We
will not use your personal and business information for marketing purposes by
anyone including ourselves unless you specifically authorize us to do so.
4.1
Credit Reference Agencies
a. When you open your account, we will pass your account details
to credit reference agencies which include the business /personal debts you owe us as
also the conduct of your account and the checks we may make with them from time
to time.
b. We will explain to you the role of credit reference
agencies and the effect the information they provide to their members can have
on your ability to get credit.
5.
LENDING
Our
loan policy dealing with your application for loan or any financial assistance
will be reflective of the objectives and spirit of the national policy and the
regulatory prescription. We shall place the policy relating to Micro and Small
Enterprises on our website and also make it available to you at the branch for
perusal. On request we will make available a copy at a nominal charge. We will
endeavour to provide facilities through a Single Window Mechanism.
5.1
Application
We
will
a. Make available, free of cost, simple standardized, easy
to understand, application form for loans.
b. Provide you with a checklist (compliant with legal and regulatory
requirements) along with the loan application form to enable you to submit the
application complete in all respects. If required, we will assist you in
filling up your loan application form.
c. At the time of making available application form also
provide you information about the interest rates applicable, and the
fees/charges, if any, payable for processing, pre-payment options and charges,
if any, and any other matter which affects your interest, so that a meaningful
comparison with those of other banks can be made and informed decision can be
taken by you.
d. Acknowledge in writing the receipt of your loan
application.
e. Normally collect all particulars required for processing
the application for credit facility at the time of application. In case we need
any additional information, we will contact you within seven working days from
receipt of application.
f. Endeavour to enable you to know online the status of
your application.
g. Not charge any processing fee for loans up to Rs.5 lakh
if the loan is not sanctioned.
h. Dispose of your application for a credit limit or
enhancement in existing credit limit up to Rs.2 lakh within two weeks; and for
credit limit up to Rs.5 lakh within 4 weeks from the date of receipt provided
your application is complete in all respects and is accompanied by documents as
per ‘check list’ provided and dispose of loan applications for amounts
exceeding Rs.5 lakh, within a reasonable time frame.
5.2 Credit Assessment
a. We will
i)
Verify the details mentioned by you
in your application by contacting you through our staff / agencies appointed by
us for this purpose at your business address/ residence.
ii)
Before lending you any money, or
increasing your overdraft or borrowing limit/s, assess whether you will be able to
repay it. We shall carry out proper assessment of your loan application by
carrying out detailed due diligence and appraisal.
iii)
Satisfy ourselves about the
reasonableness of the projections made by you.
b. This assessment may include looking at the following
i)
Information you give us, including
the purpose of borrowing.
ii)
Your business plan.
iii)
Your business’s cash flow,
profitability and existing financial commitments supplemented, if necessary, by
account statements.
iv)
Your personal financial
commitments.
v)
How you have handled your finances
in the past.
vi)
Information we get from credit
reference agencies.
vii)
Ratings assigned by reputed credit
rating agencies, if any.
viii)
Information from others, such as
other lenders /creditors.
ix)
Market reports.
x)
Any security provided.
c. We will
i)
Not insist on collateral for
credit limits upto Rs.5 lakh.
ii)
Consider providing collateral free
credit limits upto Rs.25 lakh if we are satisfied about your track record and
financial position being good and sound.
iii)
Provide micro and small enterprises
(manufacturing) working capital limits computed on the basis of a minimum of 20
percent of your projected annual turnover.
iv)
Consider your request for suitable
enhancement in the working capital limits in cases where the output exceeds the
projections or where the initial assessment of working capital is found
inadequate and you have provided necessary evidence.
d. Guarantees
If
you want us to accept a guarantee or other security from some one else for your
liabilities, we will ask you for your permission to give confidential
information about your finances to them or to their legal adviser. We will also
i)
Encourage them to take independent
legal advice to make sure that they understand their commitment and the
possible consequences of their decision (where appropriate, the documents we
ask them to sign will contain this recommendation as a clear and obvious
notice).
ii)
Tell them that by giving the
guarantee or other security they may become liable as well as you.
5.3
Sanction/Rejection
We
will
a. Not insist on compulsory deposit as ‘quid pro-quo’ for
sanctioning credit facility/ies.
b. While offering you an overdraft, or an increase in your
existing overdraft limit tell you if your overdraft is repayable on demand or otherwise.
c. Put down in writing terms and conditions and other
caveats governing credit facilities agreed to and duly certify the same and
give you a copy thereof.
d. Supply authenticated copies of all the loan documents
executed with a copy each of all enclosures quoted in the loan document and the
list there of.
e. Convey in writing the reasons for not acceding to your
request for a loan or credit facility.
f. Follow a rating system, the parameters of which will be
shared with you.
g. Permit pre-payment of loans up to Rs.5 lakh without
levying any prepayment penalty.
h. Ensure disbursal of the loan sanctioned within two
working days from the date of compliance with all terms and conditions
governing such sanction.
i. Ensure periodic review and renewal of facility as per
terms and conditions in the sanction letter given to you.
5.4
Post Disbursement
We
will
a. Assure that we refrain from interference into your
business affairs except on what is in terms of sanction of loan, loan agreement
or when new information comes to bank’s knowledge.
b. Endeavour to be constructive in our monitoring process
and sympathetically deal with genuine difficulties that you may face in your
dealings with us.
c. Obtain following information from you on an ongoing basis
i)
A comparison of the forecasts in
your business plan with the actual results.
ii)
Progress on important aspects of
your business plan.
iii)
Annual accounts such as Balance
Sheet and Profit and Loss Account and other supporting documents.
iv)
Age-wise break up of your creditors
and debtors and the amounts involved.
d. Allow drawals against your limits as per usual
safeguards.
e. If your circumstances change, talk to you about any new
information we will need from you.
f. Convey our consent or otherwise within two weeks of receipt
of a request for transfer of the borrowal account, either from you or from the
bank / financial institution that proposes to take over the account.
g. Release all securities on receiving repayment of loan
immediately and in any case not later than one week subject to any legitimate
right or lien for any other claim we may have against you.
h. Give notice in case we exercise such right of set off,
with full particulars of our remaining claims against you as also of the
documents under which we are entitled to retain the securities till the
relevant claim is settled/ paid by you.
i. Effect pledges/deliveries on the same day of receiving
your request.
j. Grant you increase in the drawing power within 24 hours
of lodgment of security.
k. Inform you of debits to your account arising out of
interest application, fees and charges.
l. Monitor the progress made by you through any or more of
the following modes
i)
Scrutinising periodic statements of
stocks you hold.
ii)
Watching the transactions in your
account with us.
iii)
Visits by either our staff or
authorised representative to your premises for verification of the stocks
and/or assets financed.
iv)
Obtain wherever necessary market
reports on how your business is going on.
5.5
Non-Fund Based Facilities
We
may offer non - fund based facilities for purchase of capital equipment or raw
materials/consumables etc. through issuance, advising, confirmation,
negotiation, discounting etc. of Letters of Credit (LCs).
We
may stand as a guarantor for your financial obligations.
We
may help you in collection of export bills and domestic outstation trade and
service bills.
5.6
Financial Difficulties
How we can help
5.6.1
We
will consider cases of financial difficulty sympathetically and positively. You
will usually identify problems first and should let us know as soon as
possible. If we become aware of problems, we will let you know in writing. If
speed seems to be important, we may try to contact you by phone, fax or e-mail.
5.6.2
This
list gives a few examples of what may concern us, particularly if you do not
explain what is happening.
a. If there is a delay in commencement of commercial
production and there is cost overrun etc.
b. If you exceed your agreed sanctioned limits frequently.
c. If there are large increases or decreases in your
business turnover without proper clarification from you.
d. If there is a stoppage/ suspension of work for an
unreasonably longtime.
e. If you are incurring loss.
f. If you suddenly lose a business partner or co –promoter
or a key customer or employee.
g. If you sell a large part of your business.
h. If you use credit facility/ies for purposes other than
those agreed with us or divert the funds for purposes other than intended
business.
i. If you do not service interest at prescribed intervals.
j. If you fail to adhere to the agreed loan repayment
schedule.
k. If the bills drawn by you on your customers return
unpaid frequently.
l. If you do not honour bills drawn on you by your
suppliers frequently.
m. If guarantees issued by us on your behalf are not honoured
by you when invoked.
n. If your book debts/debtors size is increasing not in
consonance with turnover in your account.
o. If all sales are not routed through your account.
p. If you do not comply with conditions set out in the loan
agreement.
q. If you do not furnish agreed information on time.
r. If another creditor brings a winding-up petition or
other legal action against your business.
5.6.3
We
will do all we can to help you overcome your difficulties. With your active
co-operation, we will develop a plan for dealing with your financial
difficulties and we will tell you, in writing, what we have agreed.
5.6.4
We
will endeavour to provide you with credit counseling services so that we can be
of help to you in dealing with your financial problems.
5.6.5
a. If you are in difficulties, we will work with your
advisers, if you ask us to. It is important that you act in good faith, keep us
informed about developments, keep to your agreement with us and are prepared to
make necessary changes early enough.
b. We may ask you for more financial information
/commitments to help us work together to understand your problems.
5.7
Nursing Sick MSEs And Debt Restructuring
We
will consider a nursing/ debt restructuring programme in case your borrowal
account remains substandard for over six months, or your unit is considered to be sick.
For
examining your request for rehabilitation /debt restructuring we will
a. First see whether you are viable/potentially viable.
b. If you are found to be viable/potentially viable initiate
corrective action for your revival.
c. In case your unit is potentially viable and is under
consortium /multiple banking arrangement, and if we have maximum share of
outstanding, work out the restructuring package.
d. Work out a rehabilitation
package, which will also include your
contribution in accordance with RBI stipulations and implement the same within
a maximum period of 60 days from the date of receipt of your request.
If
we do not think that the rehabilitation plan will succeed, we will explain the
reasons why and help you and your advisors consider other options.
If
we cannot reach an agreement, we will make it clear why we feel unable to
continue to support you and tell you when we will withdraw our support.
6.
COLLECTION OF DUES
Whenever
we give loans, we will explain to you the repayment process by way of amount,
tenure and periodicity of repayment. However if you do not adhere to repayment
schedule, a defined process in accordance with the laws of the land will be
followed for recovery of dues, which will be given to you at the time of
sanction of loan. The process will involve reminding you by sending you notice
or by making personal visits and/ or repossession
of security, if any. In case of default, we
may refer the case to the recovery agent. We will inform you that recovery
proceedings have been initiated.
On
initiating recovery proceedings we will also tell you that in case you have a
complaint to make in this regard you may contact our help line number. We will
investigate your complaints about unfair practices by our recovery agents.
Our
collection policy is built on courtesy, fair treatment and persuasion. We
believe in fostering customer confidence and long-term relationship.
We
will provide you with all the information regarding dues and will endeavor to
give sufficient notice for payment of dues. Our staff deputed for collection of
dues or/and security repossession will identify himself/herself. Any person
authorised to represent us for these purposes will identify himself/herself and
also display the authority letter issued by us.
All
the members of the staff or any person authorised to represent our bank in
collection or/and security repossession would be subjected to due diligence and
they would follow the guidelines set out below
a. You would be contacted ordinarily at the place of
business/occupation and if unavailable at the place of your business/
occupation at the place of your residence or in the absence of any specified
place at the place of your authorised representative’s choice.
b. Identity and authority to represent would be made known
to you at the first instance.
c. Your privacy and dignity would be respected.
d. Interaction with you would be in a civil manner.
e. Normally our representatives will contact you between 0700
hrs and1900 hrs, unless the special circumstances of your business or
occupation require otherwise.
f. Your requests to avoid calls at a particular time or at
a particular place would be honored as far as possible.
g. Time and number of calls and contents of conversation
would be documented.
h. All assistance would be given to resolve disputes or
differences regarding dues in a mutually acceptable and in an orderly manner.
During visits to your place for dues collection, decency and decorum would be
maintained.
i. Inappropriate occasions such as bereavement in the
family or such other calamitous occasions would be avoided for making
calls/visits to collect dues.
6.1
Security Repossession Policy
We
will follow a Security Repossession Policy in consonance with the law. A copy
of the policy will be displayed on the website and made available on request.
7.
DEPOSIT ACCOUNTS
You
may open different type of accounts with us such as current accounts, term
deposits etc. The above may be opened by you with or without nomination
facility, wherever it is permitted. We will explain the implications of the
foregoing accounts as also the nomination facilities at the time of opening of
the account. We will also inform you about liquid deposit facility, sweep
account and similar types of products offered by us and their implications and
procedures involved at the time of opening of account wherever
applicable/admissible.
7.1
Account Opening And Operation Of Deposit Accounts
Before
opening any deposit account, we will
a. Carry out due diligence as required under “Know Your
Customer”(KYC) guidelines of the bank.
b. Ask you to submit or provide necessary documents or
proofs to do so.
c. Obtain only such information to meet with our KYC, Anti
Money Laundering or any other statutory requirements. In case any additional
information is asked for, it will be sought separately and we will specify the
objective of obtaining such additional information. Providing such information
will be voluntary.
d. Provide the account opening forms and other material to
you. The same will contain details of essential information required to be
furnished and documents to be produced for verification and/or for record for
meeting the KYC requirements.
e. Explain the procedural formalities and provide necessary
clarifications sought by you while opening a deposit account.
f. At the time of opening of the account, make available to
you the details of the insurance cover in force under the insurance scheme,
subject to certain limits and conditions offered by the Deposit Insurance and
Credit Guarantee Corporation of India (DICGC).
7.2
Changing Your Account
a. If you decide to close your current account we will
close your account within two working days of receiving your instructions.
b. If you want to transfer your account to another branch
of our bank we will do so. Your account at the new branch will be
operationalised within one week of receiving your request, subject to your
complying with the required KYC formalities at the new branch. We will intimate
you as soon as the account is operationalised. The new branch will be provided
with information on your standing instructions/direct debits, if any.
c. We will cancel any bank charges you would have to pay as
a result of any mistake or unnecessary delay by us when you transfer your
current account to or from us.
7.3
When You Open A Deposit Account
We
will
a. Inform you about number of transactions, cash
withdrawals etc., that can be done free of charge within a given period.
b. Inform you about the kind of charges, if any, in case of
exceeding such limits. Details of the charges will be included in the Tariff
Schedule.
c. Inform you of the rate at which interest is paid on your
deposits, how it is calculated and its periodicity.
7.4
Minimum Balance
For
deposit products like Current account or any other type of Deposit account, we
will inform you
a. About minimum balances to be maintained as part of terms
and conditions governing operation of such accounts.
b. About charges
which will be levied in case of failure to maintain minimum balance in the
account by you. Details of the other charges to be levied will be included in
the Tariff Schedule.
7.5
Charges
Specific
charges for issue of cheque books, additional/ duplicate statement of accounts,
duplicate pass book, copies of paid cheques, folio charges, debit card, ATM
card, verification of signature, return of cheque for insufficient balance,
change in mandate or style of account, stop payment, standing instructions/cancellations
thereof etc., will be included in our Tariff Schedule. Concessions or relief
given will not be withdrawn during the original validity period of the
concession/relief.
7.6
Term Deposits
Premature Withdrawal of Term Deposit
We
will
a. Inform you the procedure for withdrawal of Term Deposit
before maturity.
b. Disclose the interest rates policy for premature
withdrawal of term deposit.
Renewal of Overdue Term Deposits
We
will tell you the interest rate applicable in case you renew the deposits after
the date of maturity.
Advances against Deposits
We
will explain facility of loan/overdraft available against term deposits.
7.7
Statements
a. To help you manage your account and check entries in it,
we will mail you a monthly statement of account, unless this is not appropriate
for the type of account you have [like an account where you have a passbook].
We may provide statement by e-mail, or through our secure Internet banking
service, if you so desire, provided we have such facility with us.
b. You can ask us to provide you with account statements
more often than is normally available on your type of account, at a charge.
This charge will be indicated in the Tariff Schedule.
c. You will be able to see your last few transactions at
the counter. You will also be able to see the transactions on ATM or through
your Internet account wherever such facilities are available with us.
7.8
Dormant/Inoperative Accounts
We
will
a. Tell you when you open your account, what period of
in-operation of the account would render your account being classified as
dormant/inoperative account. You will also be informed three months before your
account is classified as dormant, inoperative or treated as unclaimed account
and the consequences including the charges for reactivation thereof as per the
Tariff Schedule.
b. Tell you the procedure to be followed if you want to
activate the account.
7.9
Closing Your Account
Under
normal circumstances, we will not close your account without giving you at
least 30 days notice. Examples of circumstances, which are not ‘normal’,
include improper conduct of account etc. In all such cases, you will be
required to make alternate arrangements for cheques already issued by you and
desist from issuing any fresh cheques on such account.
7.10
Clearing Cycle / Collection Services
We
will
a. Tell you about the clearing cycle for local instruments
and the outstation instruments including details such as when you can withdraw
money after lodging collection instruments and when you will be entitled to
earn delayed interest as per our Cheque
Collection Policy which is available on our website
and also available for perusal at the branch.
b. Provide details, if we offer immediate credit for
outstation cheques including the applicable terms and conditions, such as the
limit upto which instruments tendered by you can be credited, operating
accounts satisfactorily etc.
c. Proceed as per our cheque collection policy and provide
all assistance to you to obtain a duplicate cheque/instrument in case a
cheque/instrument tendered by you is lost in transit.
d. Give the above information when you open your account
and whenever you ask us. If there is any change in our policy, the revised
policy will be displayed on our website and at all our branches.
7.11
Cash Transactions
We
will accept cheques/ cash and dispense cash at counters wherever your account
is maintained. We will exchange soiled/mutilated notes and/or small coins at
such of our branches as per RBI Directives.
For
transactions above a specified amount we may require you to furnish your PAN.
7.12
Direct Debits And Standing Instructions
We
will
a. At the time of opening the account tell you how direct
debits/standing instructions work and how you may record/cancel them and the
charges connected with them. Charges will be levied as per the Tariff Schedule
as amended from time to time.
b. Act upon mandates given by you for direct debits [say Electronic Clearing Service (ECS)] and other standing instructions. In case of any
delay or failure in executing the mandate resulting in financial loss or
additional cost, we will compensate as per the Compensation Policy of
the bank which is available on our website. If the mandate cannot be executed
due to insufficient balance in your account, we will levy charges as per the
Tariff Schedule as amended from time to time.
c. Send a remittance advice to the recipient of the
remittance.
d. Refund your account with interest as soon as it is
determined that it is unauthorisedly /erroneously debited from your account and
compensate you as per the compensation policy of the bank.
7.13
Stop Payment Facility
We
will
a. Accept stop payment instructions from you in respect of
cheques issued by you. Immediately on receipt of your instructions we will give
acknowledgement and take action provided these cheques have not already been
cleared by us.
b. Include in the Tariff Schedule any charges that may be
levied for action on stop payment instructions.
c. Compensate you as per the compensation policy of the
bank if a cheque has been paid after stop payment instructions are
acknowledged.
7.14
Cheques/Debit Instructions Issued By You
We
will
a. Keep original cheques/debit instructions paid from your
account or copies or images of the same, for such periods as required by law.
b. Give you the cheque /debit instruction or a copy thereof
as evidence as long as records are available with us. If there is a dispute
about a cheque paid/debit from your account, in case the request is made within
a period of one year, no charge will be levied and beyond a period of one year
charges will be levied as per the Tariff Schedule.
c. Tell you how we will deal with unpaid cheques and
out-of-date [stale] cheques. We will charge for the cheques returned unpaid. The
details of charges to be levied will be included in the Tariff Schedule as
amended from time to time.
7.15 Branch Closure/Shifting
If
we plan to close our branch or if we move our branch, we will give you
a. Notice of three months if there is no other branch of
any bank functioning at your centre or if our branch is a specialized SME /MSE
branch and inform you how we will continue to provide banking services to you.
b. Notice of two months, if there is a branch of any other
bank functioning at your centre.
7.16
Settlement Of Claims In Respect Of Deceased Account Holders
We
will follow a simplified procedure for settlement of accounts of deceased
account holders and to the extent as may be applicable to MSEs, we will abide
by the provisions of Code of Bank’s Commitment to Customers, 2006.
8.
PROTECTING YOUR ACCOUNTS
8.1
Secure And Reliable Banking And Payment Systems
We
will co-operate as a banking system so that you enjoy secure and reliable
banking and payment systems you can trust. We will install CCTV, where
necessary, for close surveillance as part of security arrangements.
8.2
Keeping Us Up To Date
Please
make sure you let us know as soon as possible when you change your
a. Name, constitution (including change in
Partners/Directors).
b. Address.
c. Phone number.
d. E-mail address (if this is how we communicate with you).
8.3
Checking Your Account
a. We recommend that you check your statement or passbook
regularly. If there is an entry, which seems to be wrong, you should tell us as
soon as possible so that we can investigate the same. Regular checks on direct
debits and standing instructions will help you be sure the money is going where
you want it to.
b. If we need to investigate a transaction on your account,
you should co-operate with us and with the police/ other investigative agencies
if we need to involve them.
8.4
Taking Care
The
care of your cheques, passbook, cards, PINs, passwords and other
security information by you, is essential to help
prevent fraud and protect your accounts. Please make sure that you follow the
advice given below.
a. Do not
i)
Keep your cheque book and ATM/debit
/credit cards together.
ii)
Sign and keep blank cheque leaves.
iii)
Write down or record your PIN,
password or other security information.
iv)
Give your account details,
password, card, PIN or other security information to anyone.
b. Always
i)
Write clearly the name of the
person you are paying the cheque to, if you send cheque through the post, it
will help to prevent fraud. We will recommend that you write such cheques for
instance with carbon paper on the reverse to avoid chemical alterations.
ii)
Choose your new PIN carefully, if you change
your PIN.
iii)
Memorize your PIN, password and
other security information and destroy the written communication, if any, of
the same as soon as you receive it.
iv)
Take reasonable steps to keep your
card safe in your personal custody and your PIN, password and other security
information secret at all times.
v)
Keep your card receipts safe and
dispose them off carefully.
vi)
Write on the cheque the name of the
account holder (ABC Bank Account - XYZ) if you are paying a cheque into a bank
account. You should draw a line through unused space on the cheque so
unauthorized person cannot add extra numbers or names.
c. We will advise you what you can do to protect your
cheque book and ATM/Debit /Credit Card from misuse.
d. In the event your cheque book, or ATM/Debit /Credit card
has been lost or stolen, or that someone else knows your PIN or other security
information, we will, on your notifying us, take immediate steps to try to
prevent these from being misused.
e. It is essential that you tell us as soon as you can if
you suspect or discover that your cheque book, card has been lost or stolen or
someone else knows your PIN, password or other security information.
f. You could tell us about the loss by phone at our 24 hour
toll free number given to you and send us a written confirmation to that effect
immediately. Alternatively, you may advise us by email to the address we have
given you for this purpose.
8.5
Internet Banking
Online
banking is safe and convenient as long as you take a number of simple
precautions.
Please
make sure you follow the advice given below.
a. Visit our Internet banking site directly. Avoid
accessing the site through a link from another site or an email and verify the
domain name displayed to avoid spoof websites.
b. Ignore any e-mail asking for your password or PIN and
inform us of the same for us to investigate the same. Neither the police nor we
will ever contact you to ask you to reveal your online banking or payment card
PINs, or your password information.
c. We advise you not to use cyber cafés /shared PCs to
access our Internet banking site.
d. We advise you to update your PC with latest anti-virus
and spy ware software regularly. You may install security programmes to protect
against hackers, virus attacks or malicious ‘Trojan Horse’ programmes. A
suitable firewall installed in a computer to protect your PC and its contents
from outsiders on the Internet is recommended.
e. Disable the ‘File and Printing Sharing’ feature on your
operating system.
f. Log off your PC when not in use.
g. Do not store your ID/PIN in the Internet Explorer
Browser.
h. Check your account and transaction history regularly.
i. Follow our advice – our websites are usually a good
place to get help and guidance on how to stay safe online.
8.6
Cancelling Payments
If
you want to cancel a payment or series of payments you have authorised, you
should do the following
a. To stop payment of a cheque or cancel standing
instruction given, or a direct debit you must tell us in writing.
b. To cancel a direct debit, you inform us. We recommend
that you inform the originator of the direct debit also.
c. It may not be possible to cancel payments if you do not
give notice of your decision to cancel.
8.7
Liability For Losses
a. If you act fraudulently, you will be responsible for all
losses on your account.
b. If you act without reasonable care, and this causes
losses, you may be responsible for them.
c. Unless you have acted fraudulently or without reasonable
care, your liability for the misuse of your card will be limited to the amount
stipulated in the terms and conditions governing the issue of the card.
d. You may be liable for misuses on account of loss of your
PIN or compromise of your password or of other secured information until the
time that we have been notified and we have taken steps to prevent misuse.
9.
SERVICES
9.1
Foreign Exchange Services
a. When you buy or sell foreign exchange, we will give you
information on the services, details of the exchange rate and other charges
which apply to foreign exchange transactions. If this is not possible, we will
tell you how these will be worked out.
b. If you want to transfer money abroad, we will tell you
how to do this and will
i)
Guide you about regulatory
requirements or conditions as and when requested by you.
ii)
Give you a description of the
services and how to use them.
iii)
Give details of when the money you
have sent abroad should get there and the reasons for delays, if any.
iv)
Give the exchange rate applied when
converting to the foreign currency (if this is not possible at the time of the
transaction, we will let you know later what the rate is).
v)
Give details of any commission or
charges, which you will have to pay and a warning that the person receiving the
money may also, have to pay the foreign bank’s charges.
vi)
Tell you if the information
provided by you for making a payment abroad is adequate or not. In case of any
discrepancies or incomplete documentation, we will advise you immediately and
assist you to rectify/complete the same.
c. For any inward remittances we will
i)
Tell you the original amount
received and charges, if any, levied if money is transferred to your bank
account from abroad. If the sender has agreed to pay all charges, we will not
take any charges when we pay the money into your account.
ii)
In case of delay beyond the day
when the amount is due for credit, compensate you (a) for any loss on account
of interest for due period beyond the due date and (b) also for adverse
movement of forex rate as per the compensation policy of the bank which is
available on our website.
d. We will Issue all certificates required to be issued
under regulatory/statutory instructions free of charge.
9.2
Remittances Within India
If
you want to remit money within India we will inform you how to effect and will
a. Give description of services and how to use them.
b. Suggest to you the best way to send the money to suit
your needs.
c. Disclose the details of all charges including commission
that you will have to pay for the service as per the Tariff Schedule as amended
from time to time.
d. In case of any delay, compensate you as per the
compensation policy of the bank for the loss/additional expenses incurred by
you.
10.
COMPLAINTS, GRIEVANCES AND FEEDBACK
10.1
Internal Procedures
a. If you want to make a complaint, we will tell you
i)
How to do this.
ii)
Where a complaint can be made.
iii)
When to expect a reply.
iv)
Whom to approach for redressal.
v)
What to do if you are not happy
about the outcome.
b. Our staff will help you with any questions you have.
c. When you become a customer, we will tell you where to
find details of our procedure for handling complaints fairly and quickly. We
will also place on our website our Grievance Redressal Policy.
d. If your complaint has been received in writing, we will
endeavour to send you an acknowledgement/ a response within a week. If your
complaint is relayed over phone at our designated telephone helpdesk or
customer service number we shall provide you a complaint reference number and
keep you informed of the progress within a reasonable period of time.
e. After examining the matter, we will send you our final
response or explain why we need more time to respond and shall endeavour to do
so within six weeks of receipt of your complaint and will tell you how to take
your complaint further if you are still not satisfied.
10.2
Banking Ombudsman Scheme
a. We will display on our website and in all our branches a
notice explaining that we are covered by the Banking Ombudsman Scheme, 2006 of
the Reserve Bank of India. Copy will be made available on request at a nominal
charge.
b. Within 30 days of lodging a complaint with us, if you do
not get a satisfactory response from us and you wish to pursue other avenues
for redressal of grievances, you may approach Banking Ombudsman appointed by
Reserve Bank of India under Banking Ombudsman Scheme, 2006. Salient features of
the Banking Ombudsman Scheme are displayed in the branch notice boards and the
scheme itself is displayed on our website. Our staff would explain the
procedure in this regard.
11.
ADVERTISING, MARKETING AND SALES
a. We will make sure that all advertising and promotional
material is clear.
b. In any advertising in any media and promotional
literature that draws attention to a banking service or product and includes a
reference to an interest rate, we will also indicate whether other fees and
charges will apply and that full details of the relevant terms and conditions
are available on request.
c. If we avail of the services of third parties for
providing support services, we will require that such third parties handle your
personal and business information (if any available to such third parties) with
the same degree of confidentiality and security as we would.
d. We may, from time to time, communicate to you new
features of our products availed by you. Information about our other products
or promotional offers in respect of our products/services, will be conveyed to
you only if you have given your consent to receive such information/ service
either by mail or by registering for the same on our website or on our phone
banking/customer service number.
e. We have prescribed a code of conduct for our Direct
Selling Agencies (DSAs) whose services we may avail to market our products/
services, which amongst other matters requires them to identify themselves when
they approach you for selling our products personally or through phone.
f. In the event of receipt of any complaint from you that
our representative/courier or DSA has engaged in any improper conduct or acted
in violation of this Code, we shall take appropriate steps to investigate and
to handle the complaint and to make good the loss.
12.
MONITORING
The
Banking Codes and Standards Board of India monitors the Code.
The
contact details are as follows:
The
Banking Codes and Standards Board of India, Reserve Bank of India Building,
C-7, 4th Floor, Bandra Kurla Complex, Mumbai-400051 Telephone: 022-26573715 ;
Fax: 022- 26573719 Email : help.bcsbi@rbi.org.in Website : www.bcsbi.org.in
13.
GETTING HELP
If
you have any enquiries about the Code, you should contact us at our designated
telephone helpdesk or customer service number or contact the Indian Banks’
Association at the following address.
Indian
Banks’ Association Centre 1 , World Trade Centre , Cuffe Parade, Mumbai 400 005
Tel. No. 022- 22182217 Fax: 022- 22835638 Email: ibastadium@vsnl.net Website: www.iba.org.in
Or,
contact the Banking Codes and Standards Board of India at the address given
above.
13.1
We will have notices in all our branches and on our website explaining that
copies of the Code are available and how you can get one and that we will make
a copy available to you on request.
14.
REVIEW OF THE CODE
This
Code will be reviewed within a period of three years. The review will be undertaken in a
transparent manner.
Annex:
Glossary
ATM
An
automated teller machine (ATM) is a machine in which a customer can use his
card along with PIN to get cash, information and other services.
Bank Guarantee
Bank
guarantee is a promise by a bank on behalf of its customer to a third party to
pay an amount specified in the guarantee deed in case the customer fails to
perform the obligation as stipulated in the deed.
Banking Ombudsman
Banking
Ombudsman is an independent dispute resolution authority setup by the Reserve
Bank to deal with disputes between the bank and individual / small businesses.
Bills
Bills
are financial negotiable instruments such as Bills of Exchange or Promissory
Notes. Bill of Exchange is issued by a seller to his buyer directing him to
make payment for the goods supplied/ services rendered. Bill in the form of a promissory note is
issued by a buyer to his seller undertaking to make payment for the goods
received/ services rendered.
Bill Discounting
In
case of discounting of a bill, a bank buys the bill (i.e. Bill of Exchange or
Promissory Note) before it is due and credits the value of the bill after
discount charges to the customer’s account. The transaction is practically an
advance against the security of the bill and the discount represents the
interest on the advance from the date of purchase of the bill until it is due
for payment. Only usance bills are discounted.
Card
Card
is a general term for any plastic card, which a customer may use to pay for
goods and services or to withdraw cash. In this Code, it includes ATM/Debit/Credit
cards.
Cash Credit/Overdraft
Cash
credit/overdraft is a form of credit facility in which a borrower is sanctioned
a pre- arranged limit with the freedom to borrow as much money as he requires.
In case of flow of credit to the account, he can withdraw afresh subject to the
limit sanctioned. As such, the limit works as a revolving line of credit. Bank
charges interest on the outstanding balances.
Cash losses
Cash
losses mean net losses minus depreciation.
Cheque Collection Policy
Cheque
Collection Policy refers to the policy followed by a bank in respect of various
local and outstation cheques and instruments deposited with the bank for credit
to an account. The policy inter alia deals with
Ø Cheque purchase requests
Ø Time frame for credit of cheques
Ø Payment of interest in case of delay in collection of
cheques
Ø Instant credit of local and outstation cheques
Ø Cheque instruments lost in transit
Collateral Security/ Security
Collaterals
are assets pledged/hypothecated/ mortgaged by a borrower as a security for a
credit facility. In the event of the borrower defaulting on the loan, the
lender bank can claim these assets in lieu of the sum owed.
Compensation Policy
Compensation
Policy refers to the policy followed by a bank for compensating its customers
for the financial losses incurred by them (the customers) due to the acts of
omission or commission on the part of the bank.
Credit facilities/ Bank Loan
Credit
facilities from the bank may be in the form of a term loan or in the form of
overdraft or cash credit that is extended by a bank to its customer for a
specified period and he is charged interest on the outstanding balances.
Credit reference agencies
Credit
reference agency means a credit information company formed and registered under
the Companies Act, 1956 that has been granted a Certificate of Registration
under the Credit Information Companies (Regulation) Act, 2005.
Current Account
A
form of demand deposit wherefrom withdrawals are allowed any number of times
depending upon the balance in the account or up to a particular agreed amount.
Customer
An
MSE or its authorised representative who has an account with a bank or who
avails of other products/ services from a bank.
Deceased account
A
Deceased account is a deposit account in which case either the single account
holder has deceased or in case of joint accounts one or more of joint account
holders has/have deceased.
Demat accounts
A
Demat account refers to dematerialised account and is an account in which the
stocks of investors are held in electronic form.
Deposit Accounts
•
“Savings deposits” means a form of demand deposit, which is subject to
restrictions as to the number of withdrawals as also the amounts of withdrawals
permitted by the bank during any specified period.
•
“Term deposit” means a deposit received by the bank for a fixed period
withdrawable only after the expiry of the fixed period and includes deposits
such as Recurring/Short Deposits/Fixed Deposits/Monthly Income
Certificate/Quarterly Income Certificate etc.
•
“Notice Deposit” means term deposit for specific period but withdrawable on
giving at least one complete banking day’s notice.
Electronic Clearing Service
The
Electronic Clearing Service (ECS) is an online transmission system which
permits the electronic transmission of payment information by the
banks/branches to the Automated Clearing House (ACH) via a communication
network.
Equity
Equity
means a part of capital of a corporate entity that is represented by the shares
of the company whether in physical or dematerialised form.
Factoring
Factoring
is a financial option for the management of receivables. It is the conversion
of credit sales into cash.
Government bond
Government
bond means a security, created and issued by the Central or State Government
for raising a public loan.
Guarantee
A
promise given by a person.
Letter of Credit
A
letter of credit is a document issued by a bank, which usually provides an
irrevocable undertaking for payment to a beneficiary against submission of
documents as stated in the Letter of Credit.
Mail
Mail
is a letter in a physical or electronic form.
Merchant Services
Merchant
services generally refer to merchant accounts allowed to trading and service
establishments for acceptance of payments through credit/ debit cards. The
cards may be accepted over the counter through card terminals i.e. Point of
Sale (POS) machines or over phone or through internet.
Micro and
Small Enterprises
Micro
and Small Enterprises are those enterprises engaged in manufacturing or
rendering services.
A
micro enterprise is defined as:
An
enterprise engaged in the manufacture or production of goods pertaining to any
industry where the investment in plant and machinery does not exceed Rs.25 lakh
or an enterprise engaged in rendering services where investment in equipment
does not exceed Rs.10 lakh.
A
small enterprise is defined as:
An
enterprise engaged in manufacture or production of goods pertaining to any
industry where the investment in plant and machinery is more than Rs.25 lakh
but does not exceed Rs.5 crore or An enterprise engaged in rendering services
where investment in equipment is more than Rs.10 lakh but does not exceed Rs. 2
crore.
Net worth
Net
worth means sum of Capital and free reserves minus accumulated losses.
Nomination Facility
The
nomination facility enables the bank to make payment to the nominee of a
deceased depositor, of the amount standing to the credit of the depositor,
return to the nominee, the articles left by a deceased person in the bank’s
safe custody, release to the nominee of the hirer, the contents of a safety
locker, in the event of death of the hirer.
Non-Fund based facility
Non-fund
based facilities are such facilities extended by banks which do not involve
outgo of funds from the bank when the customer avails the facilities but may at
a later date crystallise into financial liability if the customer fails to
honour the commitment made by availing these facilities. Non-fund based
facilities are generally extended in the form of Bank Guarantees, Acceptances
and Letters of Credit.
Non Performing Asset
A
Non Performing Asset (NPA) is a loan or an advance where
i) Interest and/ or installment of principal remain overdue
for a period of more than 90 days in respect of a term loan.
ii) The account remains ‘out of order’ in respect of an
Overdraft/Cash Credit (OD/CC).
iii) The bill remains overdue for a period of more than 90
days in the case of bills purchased or discounted.
Originator
An
organisation which collects payments from a customer’s account in line with
customer’s instructions.
Other Security Information
A
selection of personal facts and information (in an order which the customer
knows), which may be used for identification when using accounts.
Out-of-date (stale) cheque
A
cheque, which has not been paid because the date written on the cheque is a
date exceeding six months from the time of its presentation.
PAN
The
Permanent Account Number (PAN) is an all India unique Number having ten
alphanumeric characters allotted by the Income Tax Department, Government of
India. It is issued in the form of a laminated card. It is permanent and will
not change with change of address of the assessee or change of Assessing
Officer.
Password
A
word or a set of numbers or an alphanumeric combination for an access code,
which the customer has chosen, to allow him to use a phone or Internet banking
service. It is also used for identification.
Payment and Settlement System
Payment
and Settlement System means financial system creating the means for
transferring money between suppliers and user of funds usually by exchanging
debits or credits among financial institutions.
PIN
A
confidential number, use of which along with a card allows customers to pay for
articles/services, withdraw cash and use other electronic service so offered by
the bank.
Repossession
Repossession
is the process by which a creditor with a loan secured on house or goods (e.g.
car) takes possession of the security, if the debt or does not repay as per the
terms of the loan agreement.
Rehabilitation Package
Rehabilitation
package is the package drawn for the rehabilitation of a sick unit. The package
has to be drawn in accordance with the RBI stipulations and it usually consists
of
i)
Working Capital with relaxation in
the rate of interest in terms of regulatory guidelines
ii)
Funded Interest Term Loan
iii)
Working Capital Term Loan
iv)
Term Loan
v)
Contingency Loan Assistance
Security
Represents
assets used as support for a loan or other liability.
Services
i)
In respect of small and micro
service enterprises, services refer to small road and water transport
operators, small business, professional and self-employed persons, and all
other service enterprises.
ii)
Services rendered by the banks
include various facilities like remittance (issue of DDs, MTs, TTs etc),
receipt and payment of cash, exchange of notes and foreign exchange etc.
provided by the banks to the customers.
Sick Unit
Sick
unit refers to a unit whose account has remained substandard for more than six
months or there has been erosion in net worth due to accumulated cash losses to
the extent of 50% of the net worth during the previous accounting year and the
unit has been in commercial production for at least two years.
Substandard
A
substandard asset would be one, which has remained NPA for a period less than
or equal to 12 months.
Tariff Schedule
The
charges levied by a bank on the products and services offered by it to its
customers.
Unpaid Cheque
This
is a cheque, which is returned ‘unpaid’ (bounced) by the drawee bank.
vvvvvvvv