Working Group on Cheque Truncation and E-Cheques - RBI - Reserve Bank of India
Working Group on Cheque Truncation and E-Cheques
PART-I July 2003 CONTENTS 1. Introduction Annexures (i) Memorandum of Constitution(ii) Synposis of Vendor Presentations (iii) Study Tour Reports (a) Singapore (b) Sweden Working Group on Cheque Truncation and E-cheques Part I Chapter 1 1.1 Processing of paper based cheques constitutes an important segment of the payment and settlement scenario of the India. Settlement of cheques is arrived on the basis of the physical presentation of paper based cheques to the clearing houses of the country (currently 1047 in number) for transmission to the drawee banks and for payment thereafter. In view of the need to transport the paper based cheques and the time involved in their processing at various intermediary levels, the total time taken for realisation of cheques has tended to be rather long. The problem gets compounded when cheques are tendered for collection by customers at a branch in a city which is not the actual place of the drawee branch. These are called outstation cheques and these cheques typically take longer realisation periods especially in a geographically large country like India and cases of delays in credit – by more than a fortnight are not uncommon. 1.2 The entire processing of cheques and their payment are all governed under the covenants of the Negotiable Instruments Act, 1881, which necessitate that these instruments are in writing and have to be physically presented for payment in due course. The attendant delays on account of not being able to exploit technological alternatives available have been engaging the attention of the Reserve Bank of India for some time. After the passage of amendments to the Negotiable Instruments Act 1881 and the IT Act 2000 in the last quarter of 2002 to provide a legal framework for the implementation of cheque truncation and e-cheques in India, the Governor of the Reserve Bank of India, in the mid-term review of the Monetary and Credit Policy Statement of October, 2002 had suggested that a Working Group on Cheque Truncation be constituted to suggest an appropriate model suitable to Indian conditions, in view of various models of truncation available the world over. 1.3 These apart, it was also felt necessary to consider several operational aspects relating to the processing cycle, technology requirements and the approach to implementation for the introduction of cheque truncation in the country. Further, in order to facilitate debit transfers also in electronic mode, feasibility of e-cheques was also required to be studied. 1.4 In order to examine such issues closely, the Reserve Bank of India decided to constitute a Working Group. The composition of the Working Group is as under:
The Working Group was entrusted with the task of studying the various aspects of cheque truncation and e-cheques and work out the models which could be adopted for the country. The memorandum of constitution of the Working Group is given in Annexure 1. As cheque truncation and e-cheques are two independent though related issues, the Group decided to offer their views and recommendations on these issues in separate parts. Accordingly, in this part (Part I), the Group examines the issues relating to cheque truncation and will address e-cheques in the subsequent part (Part II). The Group is thankful to Shri S Ganesh Kumar, General Manager and Shri Vipin K Surelia, Asst General Manager, Dept of Information Technology, Reserve Bank of India for conducting extensive studies of the cheque truncation the world over, in performing various costing options and in various inputs to the Group. The Group acknowledges the inputs provided by NCR Corporation, Unsisys Ltd., and BCSIS, which provided insight into various options available from a technology perspective. The valuable inputs of the Sveriges Riksbank, Sweden and the Monetary Authority of Singapore, Singapore to the members of the study teams are also appreciated by the Group. Methodology 2.1 The Group had deliberations on its terms of reference in the various sittings. Vendors who had experience in providing cheque truncation solutions and implementation exposure internationally were invited to make presentations to the Working Group. M/s. NCR Corporation, Unisys and BCSIS shared their implementation experience. In addition, two teams of the members of the Working Group visited Sweden (where cheque truncation had been in vogue for more than two decades) and Singapore (which is at the threshold of introduction of cheque truncation) for studying various facets of the processes, requirements and other issues including legal aspects; they their experience with the other members. 2.2 The deliberations of the Working Group focussed on the following issues in the context of its terms of reference:
Cheque Truncation 3.1 The cheque is currently the most visible and significant mode of payment in India. In view of the importance of cheque to the retail segment, Magnetic Ink Character Recognition (MICR) technology was introduced by the Reserve Bank of India. MICR technology enabled the banking system to handle the growth in the cheque volumes and to provide faster and efficient clearing services to customers and to do straight through processing using MICR data. Over a period of two decades, a number of MICR Clearing Houses have evolved. 3.2 The entire clearing cycle is dependent on the movement of the physical paper cheque from the presenting bank to the drawee bank (branch) as was mandated by the NI Act prior to its amendment. This bottleneck had an overriding impact on any consideration for improvements or reduction in the cycle time for clearing. 3.3 Until very recently, legal covenants in India required the cheque to be presented to the paying branch for payment. The paying branch is the last node in the clearing cycle as it exists in the country, and thus the paper cheque is on the move through the entire cycle from the bank-branch of the collecting bank where it is first deposited to the service branch of the collecting bank, onward to the Clearing House, which acts as a focal point for the cheques of all the banks, and from the Clearing Centre to the paying bank service branch and lastly the paying branch. If the cheque is returned unpaid, it has to re-trace the entire path back to the presenting branch. 3.4 Cheque Truncation is one of the ways to compress the clearing cycle to provide faster clearances of local and intercity cheques. Cheque truncation, very loosely defined, is the process in which the physical movement of cheque within a bank, between banks or between banks and the clearing house is curtailed or eliminated, being replaced in whole or in part, by electronic records of their content (with or without the images) for further processing and transmission. International Scenario 4.1 Truncation straddles many countries across the globe on either side of the hemisphere. These include countries like Denmark and Belgium which were the pioneers in the truncation process, having introduced complete cheque truncation (dokumentiase clearings) in the early 1980s itself to the island state of Singapore which is in the final phase of implementation. 4.2 Retail payment analysts make a two-fold classification – countries like England, US and France where cheque has always dominated non-cash payments on one hand and the others like Sweden, Norway where giro transfers have been the dominant modes of non-cash payments. Cheque volumes in the second group have historically been low and from the point of view of truncation, manageable, and these countries have been successful in introducing truncation in the clearing process. Sweden is the extreme example of achievement of complete truncation where all cheques can be presented and encashed at any bank branch, irrespective of the bank on which they are drawn. 4.3 Secondly, the implementation of truncation has invariably been preceded by either the amendment of the existing laws governing cheques and other payment instruments or by the introduction of new laws. 4.4 Many countries such as Spain, Italy and Luxemburg have an amount ceiling for the cheques that can be truncated. Cheques which are considered low value are eligible for truncation whereas the higher value instruments still follow the traditional clearing route. 4.5 Under most implementations the cheques are truncated early on in the clearing cycle, typically at the collecting branch level or the collecting bank level. Ireland stands out as an example of late truncation, where 95% of the cheques are truncated at the paying bank stage. 4.6 International experiences with cheque truncation show that the geographically smaller countries are the ones that have been able to implement the process of truncation, be it Greece or Singapore or Belgium. Cheque truncation has been less than a complete success in larger countries. USA, for example, is still a laggard in this respect despite having the maximum number of cheques written (237 per head in a year). Nonetheless, it is making progress towards implementation of cheque truncation. Cheque Truncation Model for India 5.1 The Group deliberated on the point in the clearing cycle, where the movement of the physical paper should be stopped i.e. - whether cheques should be truncated at the Presenting Bank, the Clearing House or the Drawee Bank. The Group is of the view that full benefits of truncation will be available only when the truncation takes place at the Presenting Bank; otherwise, the clearing process will again be slow and the clearing cycle will be inefficient to that extent. Within a bank, the Group is of the view that the bank should have a choice, depending upon its individual efficiencies, resources and cost considerations, where it wants to truncate the cheque. Whether a bank wants to truncate the physical cheque at its’ service branch or whether it wants to truncate it at the branch of the first deposit or even outsource the truncation process should be left to the decision of the bank concerned. Truncating the cheque after the Clearing House does not entail any advantage to the current clearing process and therefore, truncation at the drawee bank is not suitable. Therefore, the Group recommends that in India the cheques should be truncated at the Presenting Bank itself and within the Presenting Bank it should be left to the individual banks whether cheque is truncated at the branch or at the service branch or whether the truncation process is outsourced, depending upon the individual efficiency, resources, facilities and cost considerations of the bank. 5.2 The Group deliberated on the mode of truncation i.e. whether the truncation is to be based on electronic image of the cheque or based on the MICR code line only. However, the amendment to NI Act facilitates payment on the basis of an image of the cheque only. As payment based on the MICR code line exchange would not provide opportunities for signature verification (which is a legal requirement as on date), the Group recommends electronic image based cheque truncation. 5.3 The preservation period of the physical cheques was considered by the Group. Presently, the preservation period of the physical cheque leaves is eight year as mandated by the "Banking Companies Preservation of Records" Rules 1985. Under the amended Negotiable Act, the certificate from the drawee bank on the print out of the image of the physical cheque is a proof of payment. Therefore, the Group debated whether the present period of eight years is suitable or whether it can be reduced. The Group was of the opinion that the preservation period should be governed by the reconciliation period between the customers and the banks. Large Corporates in the country take almost six months to reconcile the cheques issued by them and in the case of Government cheques the period is extensible up to a year. Therefore, the Group concludes that the even though the period for which the physical cheques should be preserved can be brought down below one year, in view of the reconciliation requirements, the preservation period of paper instruments should be one year. The Group accordingly recommends that suggestion to change the existing statutory preservation period of eight years under "Banking Companies Preservation of Records" Rules 1985 to one year should be made to the Government. 5.4 The Group considered the issue of the storage location of cheque images and the preservation period for the cheque images. On the storage location, the Group debated on the idea of the cheque images being stored at by a Central Image Warehousing Agency or by the presenting banks/drawee banks themselves. As per the amended NI Act, it is the drawee bank that has to certify the printout of the image of the cheque as a proof of payment. Going by this consideration, the images should be stored at the drawee bank. On the other hand, the physical cheques are with the presenting bank and it is the presenting bank which initiates the process of truncation and hence the images as well as paper instruments are available with it and the presenting bank should be responsible for storage of images. A third alternative that was considered by the Group was that of a Centralised Image warehouse. The drawee bank can always request the central agency for any image and certify that image for the purpose of proof of payment. Also, having a Centralised Agency will give the member banks the benefit of having to approach a single agency in case it requires images of any instruments rather than to approach multiple presenting banks. From the point of view of efficiency and control, the Group concludes that Centralised Agency per clearing location should act as an image warehousing facility for the banks. However, given the challenges involved in setting up a single agency in the Indian context, the Group recommends that the choice could be either a single agency or individual drawee banks as the points of storage. 5.5 A concurrent question that was discussed was which entity should act as a Centralised Image Warehousing Facility or what kind of entity should be given permission to act as one. The Group considered various issues like the cost required to set-up such an agency, whether any existing agency or institution can set up an image warehouse, what will be considerations while setting up such an agency, how will vendor proposals for setting up such agency evaluated and against what benchmarks will they be compared etc. The group decided to lay down broad guidelines for the suitability of any entity to provide image warehousing facilities. The Group recommends that for the entity that will act as a Centralised Image Warehousing Facility should meet the following criteria:
5.6 The Group also considered that storage requirement of the electronic image of the physical cheques and deliberated that technology places no limitation on the period the images can be stored. The Group recommends that the preservation period of the electronic image of the cheque should be eight years. The Group also recommends that Government may be approached to amend the "Banking Companies Preservation of Records" Rules 1985 to enable image preservation for eight years. 5.7 Imaging of cheques can be based on various technology options, the cheque images can be black and white, Grey Scale or coloured. The Group considered all the three options. Black and White images do not reveal all the subtle features that are there in the cheques. Coloured Images increase storage and network bandwidth requirements. Therefore, the Group recommends that the Grey Scale technology which helps capture finer features on cheques and also have relatively lesser storage and network bandwidth requirements will be suitable for India. 5.8 A question that arose was whether cheques should be standardised as has been done in Singapore from security and image friendliness perspective. In Singapore, a common format for cheque has been designed and is used by all the banks. The Group suggested that the same can be done but the introduction of truncation process should not be made to wait till the process is complete and old cheques are fully withdrawn. Also, it would entail a cost to the banks who have already printed large number of cheques and the withdrawal of old cheques is a time consuming process with non-MICR cheques still being presented by customers. Therefore, the Group recommends that truncation and standardisation of cheque format should be independent initiatives with the latter being implemented after even after the introduction of cheque truncation. 5.9 The Group also considered the issue of changes to the MICR line as has been done in Singapore. In Singapore, a check digit has been introduced in the MICR line. This change enables verification of the genuineness of the cheque at the presenting bank itself and provides an additional level of control in case of image misreads. The Group was of the opinion that any change in the existing MICR line structure in a vast country like India will lead to a delay in implementation and additional costs as hardware and software changes will be required at all processing points in the clearing cycle-presenting bank/branch, clearing house and the drawee bank/branch, apart from printing costs of cheques to accommodate modified MICR Code line. Therefore, the Group recommends that the truncation should be introduced in India for settlement to be generated on the basis of the current structure of the MICR fields. 5.10 The Group also considered the issues related to the security requirements for the flow of cheque data and images over the network from the presenting bank to the clearing house and onwards to the drawee bank etc and the handling of data and images at the various processing nodes in the clearing cycle. The Group was of the view that digital signatures should be used but encryption may not be essential. The Group also deliberated on the security requirements during storage of the images of the cheques either by banks or at the Centralised Image Warehousing Facility and recommended that these should be in consonance with the requirements of IT Act 2000. The Group accordingly recommends that use of Public Key Infrastructure (PKI) should be adopted to protect data and image flow over the network and to establish authenticity, non-repudiation, integrity etc and suggested that digital signatures should be used. The Group also recommends that the security requirements for the storage of images by the banks or the Centralised Warehousing Agency should be in consonance with the requirements of the IT Act 2000. 5.11 Another question that arose and deliberated by the Group was whether various participants in the truncation process should be subjected to a certification process and based on that certification process they should be allowed as members in the truncation process. The members were of the opinion that the certification process would ensure that the participants adhere to the minimum requirements of security and efficiency and recommends that the members in the truncation based clearing system should be subjected to a certification process based on prevalent Information Security Audit Guidelines of the Reserve Bank of India. 5.12 On the issue of implementation, the Group considered two approaches - big bang versus phased approach to implementation. The advantage of the big bang approach is that once a cut-off date is decided for truncation at a centre, all the processes and members will be geared towards meeting the date. If a phased approach is adopted, full benefits of truncation will not be available. Also, the group was of the opinion that if truncation process is to be phased out, say, for ready banks by one cut-off date and remaining banks by a second cut-off dates, there will be duplication of efforts and confusion and operational issues like sorting out and transportation of cheques for banks which are not ready and imaging and transmission of cheques for banks which are truncation ready. Therefore, the group recommends that truncation should be introduced for all banks and all clearings at a centre from a cut-off date for all participants at that centre. 5.13 A related question that arose was whether truncation should be based on a cut-off amount as is a practice prevalent in some countries. The Group felt that truncation should not be based on amount as it will require cheques to be sorted out at the presenting branch itself and there will be two separate channels and two separate clearing requirements both in terms of infrastructure required and process definitions. Therefore, the Group recommends that there should be no amount based cut-off for truncation and all cheques should irrespective of value, should be truncated. 5.14. The Group also considered the issue of from which city the city cheque truncation should be commenced. Should the centres with lower volumes be targeted first, where implementation process will be smooth in view of smaller number of cheques, smaller number of participants etc. or should the efforts be concentrated on centres with large cheque volumes where the efficiency and customer service impact will be much larger? The Group recommends that the truncation initiatives should be targeting larger cities viz. the four metros which account for the major chunk of the cheque volumes in India and once the truncation process is established in these centres, rolling it out to the other centres will be a relatively easier task. Therefore, the Group recommends that in view of large number of cheque volumes and the benefit derived by introduction of truncation the four metro centres should be targeted first in the first phase. Before that, pilots at two small centres near the metros will be done within a time frame of one year. 5.15. The issues relating to the countermanding and stop payments were discussed by the Working Group. The Group recognised that in clearings based on cheque truncation, the cycle time for the entire process will be compressed, compared to the clearing based on physical movement of paper cheque, especially the inter-city clearing cycle. The Group felt that even in the context of the compressed clearing cycle, countermanding payments and stop recordings should be allowed till the time payment has been made as is the current practice. Therefore, The Working Group recommends that countermanding payments and recording stops should be allowed till the time of payment as is the existing practice. Risks in Cheque Truncation 6.1 The introduction of the truncation process will change the roles and the responsibilities of the various participants in the truncation process and may lead to introduction of certain risks that will have to be mitigated. These are documented below. 6.2 At the presenting bank level, the responsibility to verify the genuineness of the cheque based on the apparent tenor or the visible features of the cheque presented for collection may lead to banks refusing to accepting a genuine cheque or accepting a forged cheque based on a manual scrutiny. Images and MICR data to be sent to the clearing house have to be matched before they are released to the Clearing House. 6.3 The Clearing House will have to assume that the data given by the banks is the data meant for that day’s clearing and will have to arrive at the settlement based on this assumption. If the MICR data given by the bank is not that matching with the day’s image the bank has sent for collection, it may lead to erroneous settlement and large returns. 6.4 Truncating cheques entails additional operational risks. Banks will have to take adequate measures to ensure that all necessary safeguards are provided for – in consonance with legal requirements and banking practice while making payments, especially for high value instruments. 6.5 The drawee bank has to verify the signature on the image of a cheque. If a drawee bank chooses to verify signatures on the images of cheques above a cut-off amount only, then it runs the risk of paying some forged instruments. 6.6 The Warehousing Agency for images and physical storage of cheques might not be able to produce the image or the physical cheque demanded by the bank. This may lead to legal complications and assignment of liabilities. These will have to be covered by suitably drafted agreements and service level agreements between the banks and the Warehousing Agency. Legal Issues 7.1 The Working Group also examined the major recommendations that had been made by an earlier Working Group on legal issues in cheque truncation chaired by Shri N V Deshpande, Principal Legal Adviser, Reserve Bank of India. 7.2 The recommendation made by the above mentioned Working Group that institutions will have to obtain Reserve Bank of India approval to ensure uniform standards/practices are implemented in India is also being recommended by this Group by way of members in the truncation process being subjected to a certification process as per the IS Audit Guidelines of Reserve Bank of India. 7.3 On the additional responsibility on the collecting bank under a truncated environment, to verify the genuineness of the cheque based on visible features, the same has been assigned as per the amended NI Act and the drawee bank will continue to verify the signature, availability of funds. 7.4 The Deshpande Group had also recommended that the Clearing House cannot be held responsible for fraud, forgery etc. As per the recommendations of the current Working Group, the Clearing House will be doing settlement based purely on MICR data and will act as a pass through for the images. Therefore, the Clearing House cannot be held responsible for the fraud, forgery of cheques as it cannot even open the images sent in by the banks. 7.5 On the issue of the earlier recommendation, on drawee bank having accepted the image in case no protest is lodged within 24 hours, the Group clarified that it will be as per the timings of the existing return cycle. 7.6 On the right of the drawee bank to seek further information on the veracity/genuineness of the cheque, the amended NI Act already provides for the same. The drawee bank can seek not only further information but can also seek the physical instrument for verification and can retain it if the payment has been made accordingly. 7.7 The earlier Group had recommended an eight year period for retention of the images and the same is being recommended by the current working group.
Reserve Bank of India DEPARTMENT OF INFORMATION TECHNOLOGY MEMORANDUM Working Group on Cheque Truncation and e-cheques The current process of reforms in Payment and Settlement Systems in the country is aimed at ensuring the establishment of a safe, secure, efficient, robust and Integrated Payment and Settlement System, with thrust on electronic modes of payment and settlement. Presently, the paper based cheque clearing system is the most predominant system in the country. In addition to the international sound practices in the form of the "Core Principles" of the Bank for International Settlements and technology being at the base of improvements in payment and settlement systems, various legal requirements provided for in the form of amendments to the Negotiable Instruments Act, 1881 have further speeded up the reforms. These initiatives have heralded new processes to ensure, safe and secure payments. Cheque truncation is one such facility, while e-cheques could replace paper based cheques. 2. Cheque Truncation reduces the physical movement of cheques and consequentially, the dependence on the infrastructure therefor, facilitates shorter clearing and settlement cycle through straight through processing, despatch of the cheque images and the associated data electronically and faster realisation of funds. With the accordance of legal validity to an electronic cheque as a negotiable instrument, the introduction of Cheque Truncation in the cheque clearing process can now become a reality in the country. In the Mid-term Review of Monetary and Credit Policy for the year 2002-2003, the Reserve Bank announced that it would form a Working Group to suggest an appropriate model of Cheque Truncation, suitable to the Indian conditions. Cheque Truncation can happen at the presenting bank branch level, presenting bank service branch level, Cheque Processing centre or the clearing house or at the drawee bank service branch level. 3. E-cheques reduce the dependency on paper based cheques for transfer of money. They provide for electronic presentment, endorsement and delivery-subject to adequate security and other requirements being put in place. 4. In order to examine the various aspects pertaining to cheque truncation and e-cheques and their implementation in India, a Working Group for Cheque Truncation and e-cheques is being constituted with representation as under:
5. The terms of reference of the Working Group are as follows: (i) Cheque Truncation:
(ii) E-cheques:
The Group may co-opt members from the industry, depending on their areas of expertise as and when necessary or arrange for interactive sessions with such industry members. The Working Group may submit its report within 3 months. Sd.. (Vepa Kamesam) Place : Mumbai
Synopsis of Vendor Presentations NCR Corporation Mr. Anthony Lau of NCR made a presentation on models of cheque truncation available in different countries. The salient features of the presentation are as under:
BCSIS Mr. Jimmy Quek and Mr. Sam Tan of BCS made a presentation on model of cheque truncation that BCS is in the process of implementing in Singapore. The salient features of the presentation are as under:
Unisys Mr. Paul King of Unisys made the presentation. The salient features of the presentation are
Committee on Cheque Truncation – Study Visit – Singapore I. Discussions with the officials of the Monetary Authority of Singapore (MAS) Rationale for Cheque Truncation
Model Adopted
Challenges faced
Technical Standards
Return of unpaid images
Warehousing of physical cheques
Legal aspects
Archiving of images
II. Discussions with BCSIS Ltd., the operator of the Singapore Clearing House Rationale for Cheque Truncation
Model & Features Adopted
III Discussions with the Operations and Legal Committee of the SACH
WORKING GROUP ON CHEQUE TRUNCATION SALIENT ASPECTS OF THE STUDY VISIT TO SWEDEN Members of the Study Team:
Major Features of the payment systems in Sweden
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