Section 23 of Banking Regulation Act, 1949 - Master Circular on Branch Authorisation - ஆர்பிஐ - Reserve Bank of India
Section 23 of Banking Regulation Act, 1949 - Master Circular on Branch Authorisation
RBI/2007-08/55 July 2, 2007 All Scheduled Commercial Banks and Local Area Banks Dear Sirs, Section 23 of Banking Regulation Act, 1949 – Master Circular on Branch Authorisation As you are aware, with the announcement of the revised policy on branch authorisation, the Reserve Bank of India had issued a Master Circular DBOD.No. BL.BC.11/22.01.001/2006 dated July 1, 2006 on the captioned subject, which is now updated upto 30th June 2007. A copy of the revised Master Circular is enclosed. It may be noted that the Master Circular consolidates and updates all the instructions contained in the circulars listed in the Appendix, in so far as they relate to branch authorisation. The Master Circular has also been placed on the RBI website (http://www.rbi.org.in). 2. Foreign banks may be guided by paragraph 19 of this Master Circular. Yours faithfully, ( P. Vijaya Bhaskar) Paragraph No. Subject 3. BRANCH AUTHORISATION POLICY 8. SETTING UP OF CENTRAL PROCESSING CENTRES/ BACK OFFICES 10. BUSINESS FACILITATORS/ BUSINESS CORRESPONDENT MODEL 12.2 Shifting within the centre (city/ town/village) 12.4Metropolitan, Urban and Semi Urban branches 13.1 Conversion of Specialised Branch 13.2 Conversion of general banking branches to any type of specialized branch 13.3 Upgradation of Extension Counters into full-fledged branches 13.4 Conversion of Rural Branch into Satellite Office 14.2 Merger of Sole Rural/ Semi Urban Branch 14.3 Merger of Metropolitan, Urban and Semi Urban Branches 15.2 Closure of Rural branches 15.3 Metropolitan, Urban and Semi - Urban branches 16. ACQUISITION OF PREMISES - OPENING OF BRANCHES 17. POPULATION GROUP WISE CLASSIFICATION OF CENTRES 18. REPORTING TO RESERVE BANK OF INDIA ANNEX – I Master Circular on Branch Authorisation The opening of new branches and shifting of existing branches of banks is governed by the provisions of Section 23 of the Banking Regulation Act, 1949. In terms of these provisions, banks cannot, without the prior approval of the Reserve Bank of India (RBI), open a new place of business in India or abroad or change, otherwise than within the same city, town or village, the location of the existing place of business. Section 23 (2) of the Banking Regulation Act lays down that before granting any permission under this section, the Reserve Bank may require to be satisfied, by an inspection under Section 35 or otherwise, as to the financial condition and history of the banking company, the general character of its management, the adequacy of its capital structure and earning prospects and that public interest will be served by the opening or, as the case may be, change of location of the existing place of business. Therefore, it is mandatory for commercial banks and urban cooperative banks to obtain prior approval of Reserve Bank of India before opening a new branch/ office. Commercial banks including Local Area Banks (other than RRBs) should approach Department of Banking Operations & Development, Central Office, Urban Co-operative Banks should approach Urban Banks Department and Regional Rural Banks should approach Rural Planning and Credit Department in this regard. The following guidelines relate to the policy for authorisation of branches in India. For the purpose of branch authorisation policy, a "branch" would include a full-fledged branch, a satellite office, an Extension Counter, an off-site ATM (Automated Teller Machine), administrative office, controlling office, service branch (back office or processing centre) and credit card centre. A call centre will not be treated as a branch. A call centre is one where only accounts or product information is provided to the customer through tele-banking facility and no banking transaction is undertaken through such centres. Also, no direct interface with clients/ customers is permitted at call centres. 3. Branch Authorisation Policy (i) With the objective of liberalising and rationalising the branch authorisation policy, a framework for a branch authorisation policy which would be consistent with the medium term corporate strategy of banks and public interest has been put in place. In addition to the requirement relating to the financial condition and history of the banking company, the general character of its management, the adequacy of its capital structure and earning prospects, the branch authorisation policy framework would have the elements enumerated in the following paragraphs. (ii) As regards the public interest dimensions of the policy framework, the following aspects would be kept in view in processing the authorisation requests: (a) The RBI will, while considering applications for opening branches give weightage to the nature and scope of banking facilities provided by banks to common persons, particularly in underbanked areas (districts), actual credit flow to the priority sector, pricing of products and overall efforts for promoting financial inclusion, including introduction of appropriate new products and the enhanced use of technology for delivery of banking services. (b) Such an assessment will include policy on minimum balance requirements and whether depositors have access to minimum banking or "no frills" banking services, commitment to the basic banking activity viz., acceptance of deposits and provision of credit and quality of customer service as, inter alia, evidenced by the number of complaints received and the redressal mechanism in place in the bank for the purpose. (c) The need to induce enhanced competition in the banking sector at various locations. (d) Regulatory comfort will also be relevant in this regard. This would encompass: compliance with not only the letter of the regulations but also whether the bank’s activities are in compliance with the spirit and underlying principles of the regulations. the activities of the banking group and the nature of relationship of the bank with its subsidiaries, affiliates and associates. quality of corporate governance, proper risk management systems and internal control mechanism. (iii) As regards the procedural aspects, the existing system of granting authorisations for opening individual branches from time to time has been replaced by a system of giving aggregated approvals, on an annual basis, through a consultative and interactive process. Banks' branch expansion strategies and plans over the medium term would be discussed by the RBI with individual banks. The medium term framework and the specific proposals would cover the opening, closing, shifting, merger and conversion of all categories of branches including ATMs. Normally, the authorisations/ approvals, given on an annual basis would be valid for one year, from the date of communication. (iv) In terms of the new branch authorisation policy, banks will not be required to approach Regional Offices of Reserve Bank of India for "licence". Banks are advised to follow the undermentioned procedure scrupulously, in order to comply with the requirements of Section 23 of Banking Regulation Act, 1949. 4.1 Based on the medium term strategy and considerations outlined in paragraph 3 above, banks should submit on an annual basis detailed proposals for opening new branches at specific centres in the prescribed Form VI (Rule 12) in terms of Banking Regulation (Companies Rules), 1949, to the Department of Banking Operations and Development, Central Office, Reserve Bank of India, Mumbai for approval. The Proforma of Form VI is enclosed in Annex - I. The summary of branches and off-site ATMs proposed to be opened may be submitted as per proformae in bilingual format in Annex II & III. Along with this, information sought in Annex IV (A, B, C & D) should also be furnished. The Form VI is not required to be submitted in respect of Off-site ATMs, Administrative Offices/ Controlling Offices, Credit Card Centres and Back offices/ Processing Centres. 4.2 Banks are free to submit their annual branch expansion plan any time during the year. It is not linked either to the financial year or calendar year. The annual branch expansion plan should include specific proposals for opening, closing, shifting, merger and conversion of branches where approval of RBI is required in terms of the extant instructions. Conversion would include upgradation of Extension Counter into a full-fledged branch, conversion of a specialised branch into another category of specialised branch or into a general banking branch. Requests for conversion of a general banking branch into a specialised branch would be examined on a case-to-case basis. The annual branch expansion plan will be discussed with the bank, normally, within four weeks from its submission and approvals thereof will be communicated thereafter. 4.3 Notwithstanding the above, banks may approach RBI for any urgent proposals regarding opening of branches, especially in rural/ underbanked areas(districts), anytime during the year, in addition to the approvals given under the annual plan, which would be considered on merit. 4.4 The Annual Branch Expansion Plan (ABEP) and any other proposals required to be submitted to RBI in this regard should have approval of Board of Directors of the Bank or such other authority to which powers have been delegated by the Board of the bank. 5.1 The validity of the authorisation granted would be one year from the date of the issue of consolidated letter of authorisation/ permission issued to banks. 5.2 Generally, no extension in validity period of the authorisations would be allowed. However, in case the bank is unable to open a particular branch due to genuine reasons during the validity period of one year, they may approach the Regional Office concerned of RBI / DBOD, CO (in respect of branches in Maharashtra & Goa), for extension of time for a period not exceeding six months. 5.3 At centres where a bank fails to open a branch within the validity period of the authorisation i.e. one year (or within the extended time of six months, as the case may be), the permission granted would automatically lapse and if the bank is still interested in opening the branch at that centre, it should include the same in their next Annual Plan. 6.1 Banks may include all proposals for opening of branches in the annual branch expansion plan. Banks may note that for opening of rural branches approval of District Consultative Committee (DCC) is not required. Banks are encouraged to open branches in under banked districts and rural centres. In order to facilitate banks to identify centres in underbanked districts, a list of such districts is given in Annex V. 6.2 Further, new private sector banks are required to ensure that at least 25% of their total branches are in semi-urban and rural centres on an ongoing basis. 7.1 While finalising the centre/ place for opening of a branch, banks should make proper assessment, keeping in view the business potential for opening of the branch thereat. Normally substitution of centres would not be allowed. However, under exceptional circumstances, if banks are unable to open branch at the proposed centre due to genuine problem, banks should approach DBOD, CO alongwith reasons thereof, once in a year. The bank should submit Form VI in respect of the new centre. All such requests will be examined on a case-to-case basis. 7.2 Substitution of centres would be allowed to centres of a similar population group or to a lower population group provided banks undertake to open the branch within the period of validity of authorisation issued. Further, the substitution would not be allowed from a centre in underbanked district to a centre in other than underbanked district. 8. Setting up of Central Processing Centres/ Back offices Banks may also set up Central Processing Centres (CPCs)/ Back Offices exclusively to attend to back office functions such as data processing, verification and processing of documents, issuance of cheque books, demand drafts etc. on requests received from other branches and other functions incidental to banking business. These CPCs/ Back Offices should have no interface with customers. These CPCs/ Back Offices would be termed as Service Branches and would not be allowed to be converted into General Banking Branches. The proposals for these CPCs/ Back Offices may be included in the annual branch expansion plan. As no banking transaction is undertaken at a call centre, no permission is required for establishment of a "call centre" as defined in paragraph 2. However, details of opening, closure and shifting of call centres should be reported to RBI as provided in paragraph 18. 10. Business Facilitator/ Business Correspondent Model With the objective of ensuring greater financial inclusion and increasing the outreach of the banking sector, banks have been permitted to use the services of Non-Governmental Organisations / Self Help Group (NGOs/SHGs), Micro Finance Institutions (MFIs) and other Civil Society Organisations (CSOs) as intermediaries in providing financial and banking services through the use of Business Facilitator/ Business Correspondent Model as per the guidelines issued in this regard vide RBI circulars dated DBOD.No.BL.BC.58/22.01.001/2005-2006 dated January 25, 2006 and DBOD.No.BL.BC.72/22.01.009/2005-2006 dated March 22, 2006. Banks are permitted to prepare schemes for offering Doorstep Banking facilities to their customers (including individuals, Corporate, PSUs, Government department etc.), with the approval of their Boards, in accordance with the guidelines issued by Reserve bank of India vide circulars No.DBOD.BL.BC.59/22.01.010/2006-2007 dated February 21, 2007 and DBOD.BL.BC.99/22.01.010/2006-2007 dated May 24, 2007. (a) Shifting of branches should be part of the medium term corporate strategy of branch expansion. Accordingly, proposals requiring approval of RBI should be included in the annual branch expansion plan as per proforma in Annex VI. (b) Banks should, however, ensure that customers of the branch, which is being shifted, are informed well in time before actual shifting of the branch so as to avoid inconvenience to them. (c) The details of shifting (i.e. new address, date of shifting etc.) should be reported to the Regional Office concerned of RBI / DBOD CO(in respect of branches in Maharashtra & Goa) immediately after shifting the branch, and in any case not later than two weeks after the shifting. (d) No amendment in licence would be required in such cases. The Regional Office concerned of RBI / DBOD CO (in respect of branches in Maharashtra & Goa) will confirm in writing of having taken on record the new address/location. 12.2 Shifting within the centre (city/ town/ village) Banks have been given freedom to shift a branch to any location within the centre (city/ town / village) without seeking prior approval from RBI. As such, these cases should not be included in the annual branch expansion plan for our approval. As a matter of policy, shifting of sole rural branch outside the centre / village is not permitted, as such shifting would render the centre unbanked. However, under exceptional/unforeseen circumstances (natural calamity, adverse law and order conditions) if the bank is compelled to shift any sole rural branch outside the centre, DCC approval should be obtained and proposal thereof should be included in the annual plan for our consideration. Banks are, however, free to shift their rural branches, from centres which are served by more than one branch of a commercial bank, without obtaining prior approval of RBI. While considering shifting of branches, banks should keep in mind the role entrusted to these branches under the Government sponsored programmes. The shifting of branches should also meet the following minimum criteria: (i)The new centre is of the same or lower population group as the existing centre e.g. a branch at a rural centre can be shifted to another rural centre only; and (ii)A branch located in underbanked district can be shifted to another centre in an underbanked district only. Requests for shifting of branches from centres, which are served by more than one commercial bank branch (excluding Regional Rural Bank branch ) outside the block should be included in the annual branch expansion plan and the same will be considered based on the following parameters: (i) Branches being shifted are in existence for five years or more and are incurring losses consecutively for the last three years; (ii) Branches located at centres prone to certain natural risks such as, floods, landslides or likely to be submerged due to construction of dams or affected by any natural calamities etc; (iii) Branches functioning in places where law and order problem, insurgency or terrorist activities pose threat to bank personnel and property; (iv) Branches where the premises occupied by the bank are in a dilapidated condition or burnt/destroyed and no suitable premises are available at the centre etc. 12.4 Metropolitan, Urban and Semi Urban branches (a)The banks may at their discretion shift their branches in metropolitan/urban/semi urban centres within the municipal revenue limit of that centre i.e. city/town without prior approval from RBI. (b) Banks may also shift their branches within the same State (except single semi urban branches as such shifting would render the semi-urban centre unbanked) subject to the minimum criteria stated in para 12.3.1 (i) & (ii) above. As such, these cases should not be included in the annual branch expansion plan for our approval. 13.1 Conversion of Specialised branch Banks may convert a specialized branch into another category of specialized branch or a general banking branch at their discretion. However, it may be ensured that details thereof are advised to the Regional Office concerned of RBI / DBOD, CO (in respect of branches in Maharashtra & Goa) immediately after the conversion of the branch, and in any case not later than two weeks after conversion. No amendment to licence would be required. The Regional Office concerned / DBOD, CO (in respect of branches in Maharashtra & Goa) would confirm having taken on record the new nomenclature of the branch. Such cases should not be included in the annual branch expansion plan for our approval. 13.2 Conversion of general banking branches to any type of specialized branch Proposals for conversion of general banking branches to any type of specialized branch should be included in the annual branch expansion plan for our approval. Such requests would be examined on a case-to-case basis. Details of such requests may be furnished in Annex VII. 13.3 Upgradation of Extension Counters into full – fledged branches Banks are free to convert their existing Extension Counters (ECs) into full-fledged branches as per their discretion and relocate them within that centre. However, banks should surrender the licences of Extension Counters and obtain a permission letter for full-fledged branch before effecting upgradation, from the Regional Office concerned of RBI/ DBOD CO(in respect of ECs in Maharashtra & Goa). Such cases should not be included in the annual branch expansion plan for our approval. 13. 4 Conversion of Rural branch into Satellite Office Conversion of a rural branch into satellite office is generally not favoured. However, in exceptional circumstances, such a case may be considered. The proposals for conversion of rural branches into satellite offices should be submitted along with the annual branch expansion plan after obtaining the approval from the District Consultative Committee (DCC) for our consideration. (a) Banks should, ensure that customers of the branch, which is being merged (transferor branch) are informed well in time before actual merging of the branch so as to avoid inconvenience to them. (b) The details of merger (date of merger etc.) should be reported to the Regional Office concerned of RBI / DBOD CO (in respect of branches in Maharashtra & Goa) immediately after merger of the branch, and in any case not later than two weeks after merger. (c) After merger the licence of the merged branch (transferor branch) should be surrendered to the Regional Office concerned of RBI / DBOD CO (in respect of branches in Maharashtra & Goa) for cancellation. 14.2 Merger of Sole Rural/ Semi Urban Branch As a matter of policy, merger of a sole rural branch / semi-urban branch is not permitted, as merging the same with a branch outside the centre would render the centre unbanked. However, under exceptional/ unforeseen circumstances (natural calamity, adverse law and order condition), if the bank is compelled to merge any sole rural/ semi urban branch, DCC approval should be obtained and proposal thereof should be incuded in the annual plan for our consideration. Details of such proposals for rural and semi urban branches are required to be furnished to us for our approval as per proforma in Annex VIII. 14.3 Merger of Metropolitan, Urban and Semi Urban branches Banks may merge one branch with another branch at Metropolitan, Urban and Semi-urban centres (not assigned any responsibility under Government sponsored programme), without seeking prior approval from RBI. As such these proposals should not be included in the annual branch expansion plan for our approval. (a) Banks should, ensure that customers of the branch, which is being closed are informed well in time before actual closing of the branch so as to avoid inconvenience to them. (b) The details of closure (i.e. date of closure etc.) should be reported to the Regional Office concerned of RBI / DBOD CO (in respect of branches in Maharashtra & Goa) immediately after closure of the branch, and in any case not later than two weeks after closure. (c) After closure, the licence of the branch should be surrendered to the Regional Office concerned of RBI / DBOD, CO (in respect of branches in Maharashtra & Goa) for cancellation. 15.2 Closure of Rural branches As a matter of policy, closure of even loss making branches at rural centres having a single commercial bank branch (excluding Regional Rural Bank branch) is not permitted, as closure would render the centre unbanked. The proposal for closure of a rural branch at a centre served by more than one commercial bank branch should be included in the annual branch expansion plan after obtaining approval of District Consultative Committee (DCC). Details of such proposals are required to be furnished to us for our approval as per proforma in Annex IX. 15.3 Metropolitan, Urban and Semi Urban branches Banks are permitted to close any branch in metropolitan, urban and semi-urban (not assigned responsibility under Government sponsored programme) centres without seeking prior approval from RBI. As such these proposals should not be included in the annual branch expansion plan for our approval. 16. Acquisition of premises - Opening of branches Banks, while acquiring premises for opening of a branch should ensure that the location of the branch complies with the local norms/ laws of Municipal Corporation/ Nagarpalika/ Town area authority / Village Panchayat or any other competent authority. 17. Population group-wise Classification of Centres For the purpose of correct classification of a centre (city/ town/ village) i.e. rural, semi urban, urban or metropolitan, the bank should mention correct name of the revenue centre and not just the locality. For this purpose, clarification can also be obtained from the Block Development Officer, Village Panchayat, Tehsildar/ Municipality or Municipal Corporation Office/ Office of the District Collector or District Census Authority. Further, banks may also ascertain the population group-wise classification of the centre from the Department of Statistical Analysis & Computer Services (DESACS), Reserve Bank of India, Banking Statistics Division, C-8/9, Bandra-Kurla Complex, Mumbai-400 051, before approaching DBOD CO with their annual branch expansion plan proposals. 18. Reporting to Reserve Bank of India (a) Reporting to Regional offices/ DBOD CO Banks should report details of opening of a new place of business, closure, merger, shifting or conversion of any existing place of business immediately and in any case not later than two weeks after opening/closer/merger/conversion etc. to the Regional Office concerned of Reserve Bank of India, except in respect of branches in Maharashtra and Goa, where it should be reported to DBOD CO, Mumbai. The banks should also report the details of opening, closure and shifting of call centres to the Regional Office concerned of Reserve Bank of India / DBOD, CO (in respect of branches in Maharashtra & Goa). (b) Branch Banking Statistics Banks should submit within fourteen days of every quarter, information relating to opening, closure, shifting and conversion of branches in Proformae I & II (Annex X) to Department of Statistical Analysis and Computer Services, (Banking Statistics Division) and the Regional Office concerned of RBI / DBOD, CO. Further, information in respect of Authorised Dealer (AD) branches should be submitted on an on going basis. A ‘Nil' statement must be submitted in case there is nothing to report. The branch authorization policy for Indian banks shall also be applicable to foreign banks subject to the following: Foreign banks are required to bring an assigned capital of US$25 million up front at the time of opening the first branch in India. Existing foreign banks having only one branch would have to comply with the above requirement before their request for opening of second branch is considered. Foreign banks will be required to submit their branch expansion plan on an annual basis. In addition to the parameters laid down for Indian banks the following parameters would also be considered for foreign banks: Foreign bank’s and its group’s track record of compliance and functioning in the global markets would be considered. Reports from home country supervisors will be sought, wherever necessary. Weightage would be given to even distribution of home countries of foreign banks having presence in India. The treatment extended to Indian banks in the home country of the applicant foreign bank would be considered. Due consideration would be given to the bilateral and diplomatic relations between India and the home country. The branch expansion of foreign banks would be considered keeping in view India’s commitments at W.T.O. ATMs would not be included in the number of branches for such computation. Accordingly, foreign banks should submit their annual branch expansion plan to the Department of Banking Operations and Development, International Banking Division, Central Office, Central Office Building(12th Floor), Shahid Bhagat Singh Marg, Mumbai – 400 001. Annual Branch Expansion Plan Name of the bank:- Summary of branches, proposed to be opened
* Centre (city/ town/ village) name should be given (like Mumbai, Bangalore, Nashik) not the locality. In case more than one branch is proposed at a centre, locality may be mentioned, like Mumbai-Fort, Mumbai- Bandra etc. NB: The summary of branches is required to to be submitted in bilingual format (Hindi and English) with a soft copy thereof in 'Akruti Office Priya Expand' font. Annual Branch Expansion Plan Name of the bank: - Summary of Non branch / Off site ATMs proposed to be opened
* Centre (city/ town/ village) name should be given (like Mumbai, Bangalore, Nashik) not the locality. In case more than one branch is proposed at a centre, locality may be mentioned, like Mumbai-Fort, Mumbai- Bandra etc. NB: The summary of branches is required to to be submitted in bilingual format (Hindi and English) with a soft copy thereof in 'Akruti Office Priya Expand' font. Annual Branch Expansion Plan Name of the bank: - (i) State wise, population group wise number of existing branches in 'Underbanked' districts
(ii)State wise, population group-wise number of existing branches in 'Other than underbanked' districts
(iii) Existing population category wise branches of the bank:
Annual Branch Expansion Plan Name of the bank: - (i) State wise, population group wise number of existing ATMs 'Underbanked' districts
(ii)State wise, population group wise number of existing ATMs 'Other than underbanked' districts
(ii) Existing off-site ATMs of the bank:
Annual Branch Expansion Plan Name of the bank: - (i) State wise, population group wise number of existing Extension Counters (ECs)
(ii) State wise, population group wise number of Extension Counters upgraded into full fledged branches during the year
Annual Branch Expansion Plan Name of the bank:- Information to be submitted along with Annual Branch Expansion Plan
Bank may furnish details of the proposed Medium Term Policy for its branch expansion inclusive of branches & ATMs for a period of 3 years The bank may also submit a brief write-up on the existing technological infrastructure, various technology initiatives undertaken and the proposed enhancement/ upgradation of technology for achieving its business goals in the medium term The bank may furnish details of the various levels/ slabs of minimum balance required to be maintained by customers and the related services offered by the bank linked to such multiple levels/ slabs of minimum balance. The bank may forward the Schedule of Charges for various products and services offered to its customers. Minimum balance required for opening of various accounts, charges for non-maintenance of minimum balance etc. 7) Steps proposed to be taken by the bank to ensure that the quality of customer service does not get adversely affected due to expansion of branch network. 8) Number of complaints received by the bank during last two years
9) Measures proposed by the bank to address the following issues arising out of scaling up of operations due to the proposed expansion of branch network.
10) Position regarding priority sector advances. Sector wise break up may be furnished by the bank. 11) Details relating to Credit Deposit Ratio:
12) The activities of the banking group and the nature of relationship of the bank with its subsidiaries, affiliates and associates.
13) Whether any show-cause notice was issued to the bank and whether any penalty was imposed on the bank during the last one year. If so, the details thereof. 14) List of Branches opened by the bank during the previous one year.
16) Number authorizations pending with the bank for operationalisation of Off Site ATMs. 17) Any other information bank may like to furnish. List of Underbanked Districts (based on 2001 Population census)
Annual Branch Expansion Plan Name of the bank: - Proposal for shifting of branches from one centre to another centre
Annual Branch Expansion Plan Name of the bank: - Proposal for conversion of General Branches into Specialised Branches
Annual Branch Expansion Plan Name of the bank: - Proposal for merger of branches
Annual Branch Expansion Plan Name of the bank: - Proposal for closure of branches
List of Circulars consolidated by the Master Circular
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