Master Circular on Branch Authorisation - RBI - Reserve Bank of India
Master Circular on Branch Authorisation
RBI/2009-10/63 July 1, 2009 All Commercial Banks Dear Sir, Section 23 of Banking Regulation Act, 1949 – Master Circular on Branch Authorisation Please refer to the Master Circular DBOD.No.BL.BC.21/22.01.001 / 2008-09 dated July 1, 2008 consolidating instructions / guidelines issued to banks on Branch Authorisation till June 30, 2008. The Master Circular has been suitably updated by incorporating the instructions issued upto June 30, 2009. A copy of the updated Master Circular is enclosed. The Master Circular has also been placed on the RBI website (http://www.rbi.org.in). 2. Foreign banks may be guided by paragraph 20 of this Master Circular.
( P. Vijaya Bhaskar) Encls. : as above TABLE OF CONTENTS
A. Purpose
Annex – 1 - FORM VI (Form of application for permission to open a new place of business) 1. Introduction 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 to obtain prior approval of Reserve Bank of India before opening a new branch/ office. Commercial banks (other than RRBs) including Local Area Banks should approach Department of Banking Operations & Development, Central Office in this regard. 2. Definition
(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aspects, the existing system of granting authorisations for opening individual branches from time to time has been replaced by a system of giving aggregated approvals, on an annual basis, through a consultative and interactive process.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. (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” for opening branches. However, they have to approach RBI,DBOD,CO for authorisation for opening branches. 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 Procedure for application 5. Validity of authorisations 6. Opening of branches (a) Within the municipal limits of State Capital, a Metropolitan Centre or a District Headquarters and 8 . Substitution of centres 11. Business Facilitator/ Business Correspondent Model 11.2 There is no objection to banks engaging Common Service Centres established by Service Centre Agencies(SCAs) under the National e-Governance Plan(NeGP) as Business Facilitators, depending on the comfort level of the bank, subject to banks taking adequate precautions and conducting proper due diligence on the entities being engaged as Business Facilitators. 13. Shifting of branches Banks are, however, free to shift their rural branches within the block, 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 13.3.2 Outside the Block 14. Conversion of branches 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/ authorization would be required. Such cases should not be included in the annual branch expansion plan for our approval. 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. 14.2 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 6. 14.3 Upgradation of Extension Counters and Satellite Offices into full – fledged branches (i) Banks are free to convert their existing Extension Counters (ECs) and Satellite Offices (SO) into full-fledged branches as per their discretion and relocate them within that centre. However, banks should surrender the licences (if separate licence has been issued) of Extension Counters/ Satellite Office 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. 14. 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 proposals 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. 15. Merger of branches 15.1 General 16.1 General 16.2 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 8. (iii) Banks are required to forward a list of their branches/offices that are operating in premises in respect of which a dispute is pending with the landlord to the Regional Director Reserve Bank of India concerned (i.e., RD of the Regional Office of RBI under whose jurisdiction the branch/office in respect of which a dispute is pending is functioning) as per the format enclosed to the circular DBOD.No.BL.BC.32/22.01.03/2008-09 dated August 21, 2008 on a quarterly basis within a period of one month from the close of the respective quarter to which the report relates to. In respect of branches/offices situated in Maharashtra/Goa, the information will be furnished by banks to the Regional Director, Reserve Bank of India, Mumbai Office, Shahid Bhagat Singh Road, Mumbai – 400 001. 18. Population group-wise Classification of Centres (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/closure/merger/shifting/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 call centres in Maharashtra & Goa). (b) Branch Banking Statistics Banks should submit within fourteen days of every quarter, information relating to opening, closure, merger, shifting and conversion of branches in Proformae I & II (Annex 10) to Department of Statistics and Information Management (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. 20. Foreign Banks
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. List of Circulars consolidated by the Master Circular
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