Monday, December 24, 2012

Pension Reform in India – A Social Security Need (D. Swarup, Chairman, PFRDA)


1. I am grateful to the Social Security Association of India for inviting me to speak on the issue of Pension Reforms in India. This gives me an opportunity to show-case an important reform being undertaken in India and to inter-act with a very knowledgeable audience.

Let me begin by sharing with you, in brief, the background under which the NPS was introduced and then take you through the current status of implementation of the NPS architecture.

2. India has nearly eighty million elderly people, which is one eighth of world’s elderly population. This segment of population is growing at a rate of 3.8% per annum as against a rate of growth of 1.8% for the overall population.

Vast majorities of this population is not covered by any formal old age income scheme and are dependent on their earnings and transfer from their children or other family members. These informal systems of old age income support are imperfect and are becoming increasingly strained.

3. Poverty and unemployment may have acted as deterrents to provide a tax financed state pension arrangement for each and every citizen attaining old age. Therefore, in the organised sector (excluding the Government servants) a pension policy has been adopted based on financing through employer and employee participation.

This has, however, denied the vast majority of the workforce in the unorganized sector access to formal channels of old age economic support.

4. As all of you already know, a comprehensive pension system has 3basic pillars.

Pillar I covers every citizen of the country through a standardized, state-run pension system, which offers basic coverage and is primarily focused on reducing poverty.

Pillar II is mandatory occupational pension system where employee and employer contribute towards their pension.

Pillar III is a voluntary, private funded system, including individual savings plans, insurance, etc.
Let us now see where India is placed vis-à-vis this internationally accepted principle of providing income security after retirement.

Pillar I i.e. State-financed pension has very limited coverage in our country- it covers indigent persons above 65 years through the NSAP for poor and elderly and persons employed by the Government through the traditional PAYG scheme or the defined benefit scheme.

Pillar II covers workers in the organised sector through a DC-cum-DB scheme.

Pillar III i.e. purely voluntary schemes is present in a very restrictive form through PPF superannuation schemes and personal pension plans through annuity providers.

5. Pension Policy in India has primarily and traditionally been based on financing through employer and employee participation. As a result, the coverage has been restricted to the organized sector and a vast majority of the workforce in the unorganized sector has been denied access to formal channels of old age financial support.

Only about 12 per cent of the working population in India is covered by some form of retirement benefit scheme. Besides the problem of limited coverage, the existing mandatory and voluntary private pension system is characterized by limitations like fragmented regulatory framework, lack of individual choice and portability and lack of uniform standards.

 High incidence of administrative cost and low real rate of returns characterize the existing system, which has become unsustainable.

6. Non-sustainability of the existing pension system is accentuated by the sharp increase in financial burden on the Government and the other employers on account of pension liabilities.

While the total pension liability on account of the Central Government employees has increased at a compound annual growth rate of more than 21% during the 1990s, the comparable rate for the State Government was 27% per annum.

7. As all of you would know, Civil Servants’ Pension (CSP) is a traditional defined benefit scheme which runs on the basis of pay-as-you-go system, for employees of Central Government who were
recruited up to 31st December, 2003 and employees of State Governments recruited up to the effective date mentioned in notifications issued by those governments. CSP is an unfunded scheme and there has been no attempt at building up pension assets through contribution or any other provision.

8. CSP scheme is indexed to wages and inflation. A modified one rank one-wage principle applies to it wherein all retired employees of a certain rank get the same pension. Pension payments are revised periodically to reflect the growth in wages and consumer price index. Growth in pension benefits in old age is typically higher than inflation.

9. The main problem under CSP is that of fiscal stress. CSP was designed at a time when going by the pattern of life expectancy most of the employees who retired at the age of 60 were expected to live up to the age of 68 or so.

The value of the annuity embedded in the CSP has gone up due to elongation of mortality in the recent years. The mortality characteristics of Government employees, who belong to the higher income group than the average, are more or less in line with the OECD populations.

The fiscal stress at the sub-national level has been more acute. Some of the State governments have not made timely payment of pension benefits. One State government chose to cut benefits by reversing recent increases in the pension benefits due to hikes in the wages of existing employees.

10. For the organized sector employees, excluding the Government employees, the basic structure of pension and other retirement benefits has been outlined in the EPF & MP Act, 1952.

The provisions of this Act are applicable to all defined establishments, employing more than 20 workers and cover about 40 million employees in the organized sector. This Act remained virtually unquestioned and there were virtually no changes in the contribution, administration and benefits being provided under this Act for almost four decades.

First major change occurred in 1995, with the conversion of part of defined contribution EPF Scheme to a defined benefit scheme in the form of Employees’ Pension Scheme. This change in the EPF & MP Act, 1952 marked an important break from the existing policy of the Employees Provident Fund Organization in two ways:

(a) With this amendment, the concept of a mandated annuity to the employees of private sector was introduced for the first time.

(b) It added a new pension liability (since the scheme is not fully funded) to the existing liability with regard to the civil servants of Central and State Governments.

11. The EPF & MP Act, 1952 is administered by the Employees Provident Fund Organization (EPFO). At present, EPFO administers the following two old age income schemes, which are mandatory for all employees in the organized sector, earning a monthly salary of less than Rs.6,500/:-

(a) The Employees Provident Fund (EPF);

(b) The Employees Pension Scheme (EPS).

12. All the functions/ processes of EPF and EPS are handled by the EPFO, except fund management, which has been outsourced to one external agency (State Bank of India).

However, some establishments, which are under the purview of EPFO are allowed to manage their own funds. EPFO treats them as exempted funds. These exempted funds are, however, required to follow the same investment pattern as being followed by EPFO and are required to match the returns of the EPFO.

13. The Employees Provident Fund (EPF) Scheme is an individual account defined contribution scheme wherein both the employee and employer contribute to the fund at the rate of 12% of the employee’s pay.

There are a number of provisions under the scheme for pre-mature withdrawal of accumulation. This pre-mature withdrawal provision is frequently used by the members of the scheme which leads to small balances at the time of their superannuation.

Because of low balance in individual account of the members’, old age income benefit is negligible. The EPFO scheme enjoys an ‘EEE’ tax structure which constitutes a major tax based subsidy.

14. The Employees’ Pension Scheme (EPS) is a defined benefit scheme, based on a contribution rate of 8.33% from the employee to which government makes an additional contribution of 1.16%. 

EPS was introduced in 1995, and is applicable to the workers who entered into employment after 1995. In case of death of a member the scheme provides for a pension to the spouse for his/her remaining life.

15. There are other voluntary pension schemes available for general public but these schemes cover a very small segment of the total population. Life Insurance Companies and Mutual funds are offering these plans.

These are essentially defined contribution schemes. Personal Pension Plans and Group Pension Products offered by the life insurers are being supervised by the Insurance Regulatory and Development Authority (IRDA). Schemes offered by the Mutual Funds are regulated/supervised by the Security Exchange Board of India (SEBI).

Tax benefits up to a specific amount are being offered to investors buying these pension plans. Total coverage under these pension plans is about 1.6 million.

16. The other popular scheme is Public Provident Fund (PPF) which is also a defined contribution scheme. Government is managing this scheme. A fixed rate of return is offered under the scheme. 

In addition, tax benefits are being offered for making investment in the Public Provident Fund account. Coverage under the Public Provident Fund is about 3.5 million.

Pension Market in India

17. The existing system of pensions which leaves more than 88 percent of Indian workforce uncovered is unlikely to act as a social security umbrella for the ageing Indians. Even for those that the system covers, the defined benefit is strictly not guaranteed as most DB schemes are either wholly unfunded or under-funded schemes.

Improvement in healthcare facilities leading to increase in life expectancy, evolution of nuclear family systems and rising expectations due to increase in per capita income, education etc. are some of the factors likely to compound the problem in future.

The new pension system, based on defined contribution and funded liability is a significant step in the direction of addressing this problem. Spread of NPS is seen by many as the direction in which the pension reforms need to move to find a viable and sustainable solution to the problem of old-age income.

Security

18. In 2001, Government of India appointed a group of experts to study the various aspects of extending an organized system of pension to the unorganised sector. The group submitted its report in October 2001.

According to this report, the pension market (which includes pensions, provident funds and other small savings i.e. NSC, NSS) would grow to about Rs.4064 billion by 2025. The growth would largely be due to normal growth of economy in terms of growth in income and population and does not consider the significant increase in coverage that would arise because of reforms in the insurance and pension sectors. A more conservative estimate is that the pension market will be worth about Rs.1808 billion by 2025.

The New Pension System

19. During the last seven years, from 2000 to 2007, a marked shift in pension policy in India was witnessed which culminated in introduction of a new pension system. A High level Expert Group (HLEG) and the Old Age Social and Income Security (OASIS) Project commissioned by the Government were the two initial milestones on the road to pension reforms for the Government employees and the unorganized sector respectively.

These efforts culminated in setting up of the Pension Fund Regulatory and Development Authority (October 2003), introduction of a New Pension System (December 2003), and introduction of the PFRDA Bill in Parliament (March 2005).

20. HLEG suggested a new hybrid scheme that combines contributions from employees and the Union Government on matching basis, on the one hand, while committing to the employees a defined benefit as pension.

The objective of the Government was to design a scheme for new entrants in Central Government service where the contribution is defined, where no extra infrastructure is sought to be created in Government and which is capable of serving other groups like State Government employees, middle class self-employed people and even those in the lower income bracket amongst the unorganized sector subsequently.

21. OASIS report recommended a scheme based on Individual Retirement Accounts to be opened anywhere in India. It was envisaged that Banks, Post Offices etc., could serve as “Points of Presence” (POPs) where the accounts could be opened or contributions deposited.

Their electronic inter connectivity will ensure “portability” as the worker moves from one place/employment to another. There will be a depository for centralized record keeping, fund managers to manage the funds and annuity providers to provide the benefit after the age of 60.

22. The New Pension System (NPS) which has its origin in the two reports mentioned above, was made operational through a notification dated 22nd December, 2003. It has been made mandatory for new recruits in the Central Government (except Armed Forces) from 1st January 2004.

It marks a shift from the defined benefit to a defined contribution regime. It is based on the principles of defining upfront the liability of Government, giving choice to subscribers, facilitating portability of labour force and ensuring transparency and fair-play in the industry. 

About 100,000 Central Government employees (excluding employees of autonomous organisations) are already covered under the new pension system and contribute 10 percent of their salary and dearness allowance towards pension with a matching contribution from the government.

Nineteen States have also notified and implemented a defined contribution pension system for new employees.Many other State Governments have made significant strides in this direction. NPS will also be available to all individuals in the unorganized sector on a voluntary basis.

23. Under the NPS, for all subscribers, at the time of retirement there will be compulsory annuitisation of at least 40 percent of the accumulated pension wealth and the balance will be paid as a lump sum.

There will be multiple pension fund managers licensed by PFRDA and the choice would be with the individual subscriber to decide which fund manager to go with.

There would be four broad categories of pension schemes offering investment options with varying ratio of equity and fixed income instruments. The choice of a scheme would rest with the subscriber.

Full transparency and disclosure of information regarding investments will have to be provided by the intermediaries. Portability will be provided to the participants along with the option to transfer accumulations from one fund manager to another.

24. To bring the new pension system within a statutory regulatory jurisdiction, an ordinance was promulgated on 29 December 2004 setting up a statutory Pension Fund Regulatory and Development Authority. Subsequently, a Bill was introduced in the Parliament to replace the ordinance.

The Bill provides for establishing a statutory Authority to promote old age income security by establishing, developing and regulating pension funds and protecting the interest of subscribers to schemes of pension funds. Once the Act comes into force the Authority shall regulate all intermediaries under the new pension system including pension funds, central record keeper, points of presence, etc.

It will approve the terms and condition of the scheme, lay down norms for the management of the corpus of the pension funds including investment guidelines under such schemes.

The Bill envisages that the pension supervisor will provide robust regulatory umbrella essential to sustain member confidence and to protect the interests of the participants and to develop the pension system by inculcating saving habits for long term.

The Bill also provides adequate safeguards to take care of the subscribers to the NPS and stringent penalties for contravention of the provisions of the proposed Act and the Rules and Regulations framed there under.

25. In accordance with Parliamentary conventions in India, on introduction in the Lower House the Bill was referred to the Parliamentary Standing Committee on Finance. The Committee, having considered the evidence and clarifications placed before it, opined that “...the reform process in the pension sector involving the setting up of the PFRDA as a Statutory regulatory body for managing the NPS is an urgent necessity mainly on account of burgeoning fiscal stress of pension payments on the Central and State revenues and the need to provide a viable alternative to the populace at large to save for old age income security”.

 The Committee approved the PFRDA Bill for enactment subject to certain modifications, which are under consideration of the Ministry of Finance, Government of India.

26. The Bill is yet to be taken up for further consideration by Parliament. Meanwhile, in view of one of the recommendations of the Standing Committee that the initial or broad contours of the regulations governing the implementation of the NPS under the infrastructure of PFRDA be framed and put in public domain, PFRDA has prepared the broad contours of Regulations on registration of intermediaries and put them in public domain for comments of stakeholders.

27. The NPS has been mainly designed to fill the gap of old age income security to the unorganised sector. The scheme is envisaged to be a voluntary one for this segment of the population.

Given a high savings rate of 35% of GDP, Indian workers are encouraged in respect of their capability to contribute towards a self-financed old age income security scheme. In this framework, the New Pension System will provide them with the opportunity to fulfill their needs of old age income support in the most productive way.

Further, the system will also be capable of providing a delivery mechanism for the other segments of population viz. Pillar-I (population vide mandatory pension system) and Pillar-II (mandatory occupational pension system).

The low cost structure of the architecture will enable Governments to utilize this infrastructure to deliver any scheme of old age income support to any segment of the population in the most efficient manner.

28. While the introduction of the New Pension System for new recruits of the Central Government/ State Governments is a positive step in the direction of reforming the pension sector in India, the road ahead has many challenges.

29. The level of financial literacy and preponderance of rural aged make the task daunting. Sex ratio of the workforce and economic status of women pose special problems in the design of pension systems.

Designing an effective, efficient and accessible system, which caters to the requirement of a heterogeneous work force, nearly 88 percent of which is not covered by any pension or old age security scheme, is the immediate priority of those concerned with pension reform process in India. The challenges of translating the design into reality will arise thereafter and will take a while to overcome.

30. The new pension scheme is an attempt to move away from the defined benefit pension plans to defined contribution based schemes. But, this change would be applicable only to the new entrants. The problem of financing the pension liability of those already under unfunded or partially funded schemes is like to cause fiscal stress for the next two or three decades.

Some parametric changes will, therefore, become necessary for effective and efficient discharge of this liability. Thus, apart from spread of the new pension scheme, introduction of parametric changes in the existing defined benefit mandatory pension systems is equally necessary for reducing the fiscal stress.

Attempts to estimate the future pension liability arising out of the existing unfunded pension plans are at a nascent stage in India. Recently, some private researchers have tried to undertake a limited exercise in respect of the defined civil service pension scheme.

One such study puts the implicit pension debt liability of the Central and State Governments arising out of three components of civil servants pensions at Rs.20034 billion or 64.51per cent of GDP.

While the methodology and/or the results can be questioned, the magnitude of the problem that this estimate suggests cannot be ignored. The enormity of the problem becomes even more apparent when this liability is compared with the explicit internal public debt of Government of India, which is 84.86% of GDP (2004-05).

31. Empirical evidence collected through a nation-wide survey suggests that India is in transition from old age support systems based on the family to a new reality where for the generation of workers now aged 40, the balance between family support and self-support in retirement is likely to fall heavily in the latter direction.

It is, therefore, essential that policymakers correctly anticipate the course of the transition so that adequate counter measures are in place at the appropriate time. The survey also indicates that without guidance, encouragement and support, most Indian workers will not save sufficiently for their old age and the capacity of the State and the labour market to face the challenges is likely to become even more limited than is the case now.

Recognizing the fact that pension reforms are an urgent social priority, policymakers in India are working hard to evolve suitable pension systems.

32. A major challenge of the New Pension System is to provide the individual subscriber with an adequate retirement income.

Public sector pension schemes involve ‘policy risk’ inasmuch as the Government of the day may not be able to accommodate required pension outlays leading to delays in pension payments or defaults in some cases.

On the other hand, private pension schemes are less subject to this ‘policy risk’ because Governments are less prone to confiscate private property. However, DC funds do involve ‘market risk’ during the accumulations phase when contributions and returns on investment build up in the fund. The risk is that the pension funds’ performance may be insufficient to give reasonable retirement income to the pension subscribers.

Our draft Regulations has addressed this issue by providing prudential investment rules and ensuring that Pension Fund Managers diversify their portfolios. Also, these Regulations aim to promote competition by requiring standardized reporting and disclosure.

33. One issue which needs attention for making the new pension scheme equitable is the tax treatment. Pension savings in general and the NPS in particular is a very long term saving instrument having a time horizon of 30- 35 years.

Therefore, the treatment of this instrument from a tax perspective, if not the most preferential, should at least be at par with other medium or short term financial instruments. 

This is especially important at the nascent stage of the new pension system development. In this context, example of Public Provident Fund (PPF) and other such instruments are worth mentioning.

PPF having a life cycle of 15 years is under an EEE (exempt exempt- exempt) tax regime and is not taxed at any point whereas NPS being a 30-35 years instrument is taxed at exit. 

Therefore, subscribers to NPS are at a disadvantage compared to the PPF especially when seen in the context that NPS is a mandatory scheme whereas PPF is a voluntary scheme.

The Government employees appointed before 1.1.2004 participate in the GPF scheme which is again an EEE tax regime whereas NPS is subject to EET regime and the withdrawable tier-II account of NPS (a substitute to GPF) is envisaged to get no preferential tax treatment. 

Further, a common ceiling for contributions of both the employees and Government under the Income Tax Act, 1961 may be a disadvantage for the subscribers of NPS.

Accordingly, a need is felt to treat all long term savings instruments equitably and provide the same tax treatment to NPS as being given to PPF and other similar schemes. 

The tax treatment merits a review so as to take care of the distortions across financial instruments and giving right fiscal incentives for the development of the pension sector.

Current status
34. Pending passage of the PFRDA Bill and establishment of full architecture of the new pension system (NPS), the contributions received under NPS are being kept in the Public Account of the Government concerned.

While a fixed return of 8% per annum is given by the Union Government on total pension contributions, (both employee as well as the matching contribution by the Government), the actual return would have been in the range of 14-29% per annum if the proposed investment options were given to employees. Delay in the passage of the PFRDA Bill has thus resulted in lost opportunities to Government employees.

35. In order to address the issue of investment of pension contributions under the NPS through a mechanism of consensus, a Conference of Chief Ministers’ on Pension reform was held on 22nd January 2007, which was chaired by the Prime Minister.

All the State Governments, except West Bengal, Tripura and Kerala, were in favour of the proposal to adopt the guidelines applicable to the non-Government provident fund prescribed by Ministry of Finance for investing the accumulations under NPS till the Bill is passed by Parliament.

36. Consequent upon the consensus arrived at the Chief Ministers’ Conference; Government has authorized PFRDA to appoint a Central Record-Keeping Agency (CRA) and three Fund Managers from the Public Sector to manage the accumulated funds of Central Government employees. The services of the CRA and the Fund Managers have also been offered to the State Governments to manage the funds of their employees.

37. PFRDA has identified National Securities Depository Limited (NSDL) as the CRA and is in the process of finalizing a contract with it. Three sponsors of Pension Fund Managers have also been appointed; they are SBI, LIC, UTI- AMC.

All the three sponsors have incorporated Pension Fund as separate entities and registered as new companies under the Companies Act, 1956. The selection process for the Trustee Bank and Custodian are also in the final phase of completion.

An NPS Trust has also been registered which will be the registered owner of assets under the NPS. Thus, all the intermediaries under the NPS have been identified and the system is now ready to be rolled out by 1st June 2008.

As regards the cost structure of the NPS, the fund management charges are to be in the range of 3-5 basis points ( 0.03%-0.05%) of assets under management. The record keeping costs are low compared to the low volume at present.

This cost will decline further once the volume increases under the system. The total cost of the NPS is estimated to be around 1% of the total assets under management (AUM) in the initial years and expected to decline to less than 0.5% of AUM within few years of its operation.

38. Till the PFDRA Bill is passed, there will be two investment options:

(i) As per investment guidelines issued by the Ministry of Finance for non government provident funds (wherein up to 5% can be invested in equity and up to another 10% in equity-linked mutual funds, remaining 85% in debt instruments) and

(ii) In government securities exclusively.

39. At conclusion, I would like to emphasise that pension reforms which have been set into motion in the last five years need to be taken forward immediately if India wishes to take advantage of the edge that its demographics offer over similarly placed economies.

 Average age of Indians in 2005 was about 26 years with 31% of Indians being younger than 15 years, and nearly 64% of Indians in the working population. 

Thus, the time for undertaking the reforms in the pension sector could not be more appropriate, but the need of the hour is to push the reforms further without delay in terms of offering this system to the unorganised sector workers.

The demographic advantage is not going to last forever because India’s elderly are growing at a much higher rate than the total population, as a consequence of which the current dependency ratio of 15 is likely to shoot to 40 in the next four decades (dependency ratio here defined as the number of persons over age 60 years to number of persons between age 20-59 years).

The implications of demographic dynamics for pension planning in India become more evident when one takes into account the fact that average life expectancy at age 60, which is currently 17 years, is likely to rise to more than 20 years in the next three decades and that the population over 60 years of age will approach 200 million in 2030.

 However, India is still at an early stage of the demographic transition. This is the right time, therefore, to roll out the NPS to all segments of workers. The New Pension System is designed to use the 21st century Information Technology so as to achieve portability, competition and coverage.

In contrast to the traditional approach of mandating participation and contributions from the workers for old age income support coupled with tax incentives and guaranteed returns, the voluntary nature of the NPS for unorganised sector is expected to succeed.

However, poor financial literacy and the attitude of the households towards financial savings, risk and retirement planning, pose a challenge to achieving optimum coverage of NPS. 

Creating awareness about these reforms and gaining the confidence of the people to encourage them to be a part of this movement is the single most important challenge faced by policymakers today.

Thank you.
********

Sunday, December 23, 2012

Bank Ombudsmen of India

Do you know you can complain to Banking Ombudsman in case you have any complaints against your bank in India?

Banking Ombudsman is a body created by RBI to look after banking related complaints. In this article, I’ll show you the power of the Banking Ombudsman and some case studies which show you that getting your complaints addressed is easier that you think!

What is Banking Ombudsman?

The Banking Ombudsman is a senior official, appointed by the Reserve Bank of India to address grievances and complaints from customers, regarding deficiencies in banking services. It covers all kinds of banks – PSU Banks, Private Banks, Rural banks and co-operative banks.

 Even though, it was originally setup in 1995, there were major revisions in 2006 covering transactions related to complaints of ATM cards, debit cards and credit cards, deduction of service charges by banks without prior intimation, unfair practices of banks and non-compliance by direct sales agents (DSA) of banks for services promised while opening an account etc. It was last amended in Feb, 2009 to cover deficiencies arising out of internet banking too.

Today, the Banking Ombudsman covers almost all kind of complaints for banking services. To give you a brief idea about their effectiveness, Banking Ombudsmen received 79,266 complaints in the year 2009-2010 out of which around 94% were handled and just 5-6% of the complaints remained pending for more than three months as on June 30, 2010.

There are a total of 15 Banking Ombudsman in our country. You complain to the one which comes under the jurisdiction of the Bank location, i.e., if your bank is in Bangalore, you can complain to the BO from Bangalore region.

In case you or the bank is not satisfied by the decision given by the Banking ombudsman, in that case within 30 days of BO decision, the complaint can be taken forward to Appellate Authority, which is a Deputy Governor of the RBI. It’s just like going to Supreme Court if you are not satisfied by High court decision.

What kinds of complaints are taken care by banking ombudsman?

Most basic problems, a common man faces (See an example of what I faced) , like rude behavior of bank officials, delays in disbursing loans, forcing customers to buy insurance policies for processing loans etc., are all addressed by Banking Ombudsman (BO), and the process of complaining is as simple as filling up a form online or sending in a filled form to a postal address.

The best part is that if you are harassed because of any issue or have undergone through mental agony, you can ask for compensation up to Rs 1 lac.
Let me list down some of the possible scenarios where you can file a complaint with banking ombudsman.


·       Levying of charges without any notice or Information.

·       Charging higher rate of interest linked to BPLR on Housing Loan

·       Any Loss suffered because of lack of co-ordination from Bank side

·       Unreasonable credit card charges

·       Fraudulent transfer of funds by using net banking

·       Fraudulent transactions against lost credit card

·       Cheque lost in transit by the bank

·       Non-updating of CIBIL records

·       Loss of cheque from Cheque drop box

·       Closure of any account with providing any information or reason

·       When bank demands unreasonable proofs for openening of account

·       Change in terms and conditions without notice or valid reason

·       Delay in providing any service

·       Mis selling of Insurance products

·       Forcing customers to take insurance policies for processing Loans

·       Rejection of Loans

·       Harassment to customer or misbehavior for any reason

·       Casual approach from Bank on performing its duties






Thursday, December 20, 2012

Express Cheque Clearing System (ECCS)

Reserve Bank of India (RBI) has been in the forefront of adopting technology for making the payment systems in the country efficient, modern and robust.

Cheques continue to play a dominant role in our payment system landscape, more so in terms of volumes handled. Apart from the 66 MICR locations (handling around 85% of the total Cheque volume and value) for mechanised processing and settlement of cheques, there are around 1,093 non-MICR centres as on date that use a software called Magnetic Media Based Clearing Software (MMBCS).

There was, however, a demand from banks for further refinements in terms of accepting multi-user inputs in a networked environment, core-banking integration and graphic interface compatibility.

State Bank of India (SBI), the bank managing most number of clearing locations, was advised by RBI to lead the initiative to develop a new application. 

The application Express Cheque Clearing System (ECCS) has been developed by M/s Image InfoSystems Private Limited.

The technical and commercial aspects of ECCS have been vetted by Steering Committee comprising of senior executives from SBI, other Clearing House managing banks, National Payments Corporation of India (NPCI) and National Clearing Cell, Nariman Point, RBI, Mumbai and is successfully running at a few Clearing Houses as well.

The new features in the application are:

1. Speed Clearing to be available from Day One

2. Full Unwinding

3. Encrypted Data Movement

4. Flagging Duplicates

5. Return versus Presentation - MIS Support, prevents fresh items being presented in the returns cycle.

Considering the improvements that ECCS would offer, it has been decided by RBI to roll-out the software across all non-MICR clearing locations in the country by September, 2011.

RBI has vested responsibility for the roll-out of new Clearing Software - ECCS at 1093 Non MICR location of the country. NPCI will be co-ordinating with SBI, RBI Regional Offices (NCCs) and other banks managing Clearing Houses at Non-MICR locations for the implementation of ECCS.


According to RBI notification letter, NPCI will be,


  • Single point of contact for banks and vendor as also for change control, future updates, support issues, reporting to RBI etc.


  • Sharing the roll out plan (in consultation with the NCCs) and training schedule


  • Sharing hardware, software and other requirements, information about SLA, support, escalation process, contact details etc.

SBI to ensure roll-out in all clearing locations managed by itself and its associate banks. NPCI and SBI to co-ordinate for smooth roll-out.



Wednesday, December 19, 2012

Woman hurt during work trip sex romp keeps payout


A public servant injured while having sex on a work trip can keep her compensation payout, after a court dismissed an appeal against it.

The woman was hurt when a light fitting fell on her while she was having sex in a motel room in regional New South Wales in 2007.

She was on a work trip for a Federal Government agency at the time.

The full bench of the Federal Court rejected an appeal from the workplace insurer Comcare.

Its ruling said the woman should receive compensation for her injuries.


Courtesy-http://www.abc.net.au/news/2012-12-17/appeal-against-sex-compo-payment-dismissed/4430892


Friday, December 14, 2012

Step By Step Formalities For Formation of A New Company



1.         Selection of type of the company.

2.         Selection of name for the proposed company.

3.         Apply for Directors Identification Number and Digital Signatures.

4.         Drafting of Memorandum and Articles of Association.

5.         Stamping, digitally signing and e-filing of various documents with the Registrar.

6.         Payment of Fees.

7.         Obtaining Certificate of Incorporation.

8.        Preparation and filing of Prospectus/Statement in lieu of Prospectus and e-Form 19/20 (in case of public companies) for obtaining the certificate of commencement of business.

9.         Obtaining Certificate of Commencement of business (in case of public limited companies).

1. Selection of the type of company

The Promoters of a company may be individual entrepreneurs or body corporate engaged in efforts to incorporate a company. They have the power of defining the object of the company and deciding various matters for the company proposed to be incorporated. It is depending upon, the purposes for which the company is to be incorporated, proposed scale of operations, capital involved, etc. The promoters can select type of the company as they wish to form themselves into viz. private company, public company, non-profit making company, etc.

2. Selection of name

Six names are required to be selected in order of preference after taking notes of numerous provisions, clarifications, circulars and rules made by the Ministry of Corporate Affairs, etc. In case key word is required, significance of each key word should be given in the e-Form 1A.


2.1 Applying for ascertaining the availability of the selected name

The promoters are required to make an application to the concerned Registrar of Companies to be submitted electronically to the Ministry of Corporate Affairs on the portal of MCA. An application shall be in e-Form 1A as prescribed by Notification No. GSR 56(E) dated 10th Feb., 2006 duly digitally signed by any one promoter or managing director or director or manager or secretary of the company along with the required fee for ascertaining whether the selected name is available for adoption by the promoters of the proposed company.

2.2 Approval of the name

After receipt of completed application in e-Form 1A, the Registrar shall intimate whether the proposed name is available for adoption or not. The confirmation of the name made available by the Registrar shall be valid for a period of six months. In case, if the promoters fail to submit all the required documents for incorporation within that period, then they are required to submit another application after payment of requisite fees.

3. Requirement for having DIN

As per proviso to section 253 of the Companies Act, 1956, inserted by the Companies (Amendment) Act, 2006, w.e.f. 1-11-2006, no company shall appoint or re-appoint any individual as director of the company unless he has been allotted a Director Identification Number under section 266B.

New section 266A has been inserted by the Companies (Amendment) Act, 2006 which provides that every individual, intending to be appointed as director of a company shall make an application for allotment of Director Identification Number (DIN) to the Central Government in the prescribed DIN Form. Therefore, before submission of e-Form 1A all the directors of the proposed company must ensure that they are having DIN and if they are not having DIN, it should be first obtained.

Specific care should be taken that a person cannot have more than one DIN, therefore, a DIN once obtained shall serve the requirement for all the companies in which he is a director or intended to be a director.

3.1 Requirement for having digital signatures

After 16th Sept., 2006, every document prescribed under the Companies Act, 1956 is required to be filed with the digital signature of the managing director or director or manager or secretary of the Company, therefore, it is compulsorily required to obtain digital signatures of at least one director to sign the e-Form 1A and other documents. It may be noted that if the director or other persons covered are having digital signatures, their signatures may be used for the above said purpose and there is no need take new signature again.

4. Preparation of the Memorandum of Association (MOA) and Articles of Association (AOA)

Drafting of the MOA and AOA is generally a step subsequent to the availability of name made by the Registrar. It should be noted that the main objects should match with the objects shown in e-Form. These two documents are basically the charter and internal rules and regulations of the companies. Therefore, they must be drafted with utmost care with the expert’s advice and the other object clause should be drafted in a very broader sense.

5. Filing of documents with the Registrar

Next step for the promoters is to file the following documents with the Registrar for incorporation of the company. The following documents shall be submitted to the Registrar alongwith the adequate filing fees as applicable for registration of the company online with in a period of six months from the date of intimation of availability of name:-

5.1. Memorandum of Association, duly signed by the subscribers and witnessed, showing the number of shares against their names electronically attached in PDF file. It should also be properly stamped as per the stamp duty applicable in the State, where the registered office of the company is to be situated. Simultaneously original stamped copy of the Memorandum of Association shall be submitted with the Registrar of Companies concerned.

5.2. Articles of Association should be duly signed by the subscribers and witnessed, showing the number of shares against their names electronically. It should be properly stamped according to the authorized share capital as per the stamp duty applicable in the state, where the registered office of the company to be situated. Simultaneously original stamped copy of the Memorandum of Association shall be submitted with the Registrar of Companies concerned.

5.3. Copy of the agreement, if any, which the company proposes to, enter in to with any individual for appointment as its managing or whole-time director or manager shall be attached in the PDF file.

5.4. Declaration in e-Form 1 by an advocate or company secretary or chartered accountant engaged in whole time practice in India or by a person named in the Articles as a director, manager or secretary of the company, that all the requirements of the Companies Act, 1956 and the rules made thereunder have been complied with in respect of registration and matters precedent and incidental thereto, which may be accepted by the Registrar as sufficient evidence of such compliance.

It should be carefully noted that details of all the companies in which directors are also director should be given and the names, addresses and other particulars of directors and promoters should be matched with the information provided in the DIN application Form. [ Section 33(2)] (Appendix 2).

5.5. Power of Attorney for should be furnished by all the subscribers in favour of any one subscriber or any other person authorizing him to file these documents and to with the Registrar and to obtain certificate of incorporation. The power of attorney should be given on Non-Judicial stamp paper of appropriate value and shall be submitted to the Registrar. (Appendix 3).

5.6. Other agreement if any, which has been stated in the Memorandum or Articles of Association shall also be filed in the PDF file with the Registrar because in such cases the agreement will form part of this basic document.

5.7. E-Form 18 is to be filed with the Registrar electronically with the digital signatures in regard to location of the registered office. E-Form 18 shall also be certified by the company secretary or chartered accountant or cost accountant in whole –time practice. [Section 146 (2)] (Appendix 4)

5.8. E-Form 32 is required to be filed with the Registrar electronically for filing particulars of directors. The personal details should match with the information provided in the DIN. Following additional details are also required to given in e-Form 32:
           
(a)        Name and CIN of all the companies in which they are directors;

(b)       Names of partnership concerns in which they are partner;

(c)        Names of proprietorship concerns in which they are proprietor;


In case if the field provided in the e-From 32 is not sufficient, an annexure may also be enclosed for the required details. As an e- Form 32 provides fields for three directors only, e-Form 32AD i.e. Addendum to e-Form 32 shall be submitted for additional appointments. 

E-Form 32 AD, if any is also required to be certified by the company secretary or chartered accountant or cost accountant in practice digitally before filing with the Registrar. Consent to act as director on plain paper and authorization to submit e-Form 32 from all the director should be attached with the e-Form 32.

E-form 32 is required to be digitally signed by the director or managing director or manager or secretary of the company. E-Form 32 shall be filed along with the adequate filing fee as prescribed under Schedule XIII of the Companies Act, 1956, However, no separate filing fee is required to be paid on the addendum of e-Form 32.( Appendix 5).

6. Payment of registration fees for a new company

The fees payable to the Registrar at the time of registration of a new company varies according to the authorized capital of a company proposed to be registered as per Schedule X to the Act. Fees can be calculated by the MCA portal.

7. Certificate of Incorporation (section 33 and 34)

On the satisfaction of the Registrar that the requirements specified in sections 33(1) and 33(2) have been complied with by the company, he shall retain the documents and register the MOA, AOA and other documents. Section 34(1) cast an obligation on the Registrar to issue a Certificate of Incorporation, normally within 7 days of the receipt of documents.

8. Commencement of Business
A Private limited company and a company not having share capital may commence its business activities from the date of its incorporation. However, a public Limited Company having share capital is required to take certificate of commencement of business before it can commence business.

Thursday, December 13, 2012

SBI SMS UNHAPPY scheme


The bank recently launched an additional channel for customer grievance redressal, called ‘SMS Unhappy Service’. This is a dual mobile and web-based system, under which SBI head offices have ‘Happy Rooms’ which deal with customer grievances.

Any customer wanting to lodge a complaint, sends an SMS “UNHAPPY” to a specified number (8008202020). The Happy Room responds to the SMS by calling back the customer on the mobile number and records the details of the complaint. The complaint is then forwarded to the respective branches through a dedicated website, and they are required to advise a resolution within 48 hours.

Ordinarily, a consumer who has a complaint, or has encountered a problem, would need to lodge a written complaint with his branch, or send an email to the Bank, giving the details of his account number, and the problem to be resolved.  Many customers find it difficult to do this in the midst of their many priorities, and so put off reporting a complaint, even though the issue remains alive.

For the first time, here we have a Bank going out to its customers, inviting them to just send one SMS, “Unhappy”, to the number 8008202020.  The rest of the action rests with the Bank. 

In a perfectly automated fashion, this message reaches the “Happy Room” at the Bank’s Circle Headquarters, from where executives who are passionate about customer delight, call the customer on his mobile phone, understand from him the exact nature of the problem faced by him/her, assure him/her of prompt resolution, and escalate this issue to the office which has to take action. 

What is more, when the required action has been taken, the customer is contacted by his branch and the Happy Room to update him on what has been done.  Most of the complaints are closed within 48 hours.  Needless to say, this results in absolute delight for the customer.

Feedback received from the pilot run, has been very encouraging. Initial   customer reactions to this proactive initiative on the part of the nation’s largest Bank, have been very positive.  Already complaints have shown a decreasing trend.

What is so special about this initiative is that, having sent one SMS, the customer has absolutely nothing to do; his mind can be at rest, and he is assured of speedy results. Working just on SMS, the facility can be accessed at any time of day or night, from anywhere-- even while waiting for a flight to take off! And what’s more, being paperless, it is a Green Banking initiative.

With the national launch of this initiative, and widening of its reach, consumers of banking services can look forward to a new era of fast, hassle-free complaint resolution, and, better, delightful experiences with their Bank.

I sincerely hope that every private and public sector bank should start this kind of customer grievance redressal as soon as possible in India.
Happy Banking!

Wednesday, November 28, 2012

Ghost SERVICE TAX At Restaurants


I find restaurant bills often so confusing; I just give up and pay the amount shown in the bottom line. Which we perhaps shouldn't.

Incidentally, I also resent the inclusion of Service Charges in restaurant bills, because it assumes that I was satisfied with the service. Just a matter of principle. Service Charge should be something I leave behind at my personal discretion.

I recently demanded that the service charge be removed as the service was non-existent. After a short - very short! - discussion, it was removed. About Service Tax..... Be aware….this happened at the restaurant.

Let me explain.

We had been to several restaurants recently. I observed that "service tax" was being misused in the way it was being charged to customers. Let me give an example.

Food and Beverage = Rs. 1000.00
Service Charges @ 10% = Rs. 100.00
Service Tax @ 4.94% = Rs. 54.34 (on F&B + Service Charges)
VAT @14.5% = Rs. 145.00
Total = Rs. 1299.34

As per the definition - "Service Tax can be charged ONLY for the Services provided to the customer".

Now, see what is happening here in the above example. Service Tax should be charged only on the Service Charge amount i.e. Rs.100 ONLY, and NOT on the entire amount (1000+100).

In this example, the customer should be charged only Rs 4.94, whereas he has been charged Rs. 49.00 extra.

Where does this money go?

Only the restaurant owner and the chartered accountants who work for them know. So, I have started asking them the questions - and am surprised to see the reaction from famous restaurants.

Either they say: "Sir we cannot change the format of the bill - so, we will recalculate and tell you the revised amount. You may pay only that." OR "Sir, you do not need to pay the Service Tax amount itself"!!

I now have 3 to 4 restaurant bills, but for which I have paid only the service tax on the service charge and NOT on the total amount.

Every bill MUST carry the TIN number and Service Tax Number, if they charge it. So . . . , I ask for the Service tax number if it is not available in the receipt that they provide.

As we cannot go to any government official and ask them to get this right - because of our system.

Please remember - we cannot change any political leader - but we can change ourselves.If we change ourselves - things will change.

Please do share this with every one of your friends and known people.

Ask for the right tax calculation and Pay only the tax which is supposed to be paid. Verify every bill and receipt that you make payment on.

Tuesday, November 27, 2012

Coins to replace paper


The RBI plans to gradually replace the notes with coins because the paper currency lasts less than a year and is, therefore, not cost-effective.
replacement time

Junior finance minister Namo Narain Meena made the announcement in the Lok Sabha recently, saying the notes had a life span of “just eight to nine months”. Officials said the main reason was high wear and tear resulting from their widespread use in small-value daily transactions.

“RBI plans to gradually replace Rs 10 bank notes with coins,” Meena said in his written reply. Its average printing cost is 96 paise per piece. Based on the calculations, officials said the government spent Rs 10 over seven to eight years to keep a 10-rupee note in the market.

The cost of minting a 10-rupee coin — introduced in March 2009 — is higher at Rs 6.10 but it lasts decades.

“Considering the short life-span, the printing of the note is not cost-effective,” Meena said. He added the speed of the replacement would depend on the capacity of mints to supply coins.

The Centre is experimenting with polymer and plastic notes in lower denominations to see if they were more durable. The measure was initially meant to check fake currency.

The RBI said separately it would soon issue more notes with the new rupee symbol — Devnagari “R” slashed in the middle with a short line.

Monday, November 26, 2012

Kasab ward for other patients


A Rs 2-crore high-security ward in Mumbai’s JJ Hospital built for Ajmal Kasab but never used by him is part of the Maharashtra government’s expenses on the 26/11 terrorist.

The bullet-proof ward was set up in 2008 — not long after Kasab was injured in the gun battle leading up to his capture — is on the third floor of the hospital. The government’s total expenses on him stand at over Rs 29 crore.

Doctors from the hospital in south Mumbai attended to the Pakistani in his special cell inside Arthur Road prison regularly.

According to hospital authorities, Kasab had been treated by a surgeon, physician, psychiatrist and a skin specialist in the past four years before his execution yesterday.

The special JJ ward was not used because of security problems involved in shifting a high-profile suspect from the jail to the hospital, 6km away, officials said.

Dr T.P. Lahane, the hospital dean, said the ward, which could hold 15-20 patients, was now being used for other prisoners.

“Since he (Kasab) never needed it, we took permission from the government and have been using it for other prisoners in the past few months,” he said.

Kasab was put under psychiatric care during his first year as he showed signs of depression, for which he was given medication. He also suffered from hypertension, umbilical hernia and skin infection.

Earlier this month, after suffering high fever for a few days, Kasab was put through tests in his jail cell. “He had tested positive for dengue and we had treated him for five days,” Lahane said.

A team of doctors had last checked him on November 17, five days before he was hanged. “We checked his blood pressure level, blood, chest and ECG. Everything was normal,” Lahane said. The doctors conducted the tests as routine check-up as they had not been told of his impending execution.

Earlier, prisoners taken to JJ were treated in a ward in another department, taking up more area than required in the space-crunched hospital.

The high-security court prepared inside the Arthur Road prison premises for the 26/11 trial too will be utilised for other purposes, jail officials said.



New Mobile banking command


Very soon Bank account holders can access their accounts, transfer funds, check balances and request cheque books by simply punching in *99# from their mobile phones!

More updates expected in coming weeks.

Saturday, November 24, 2012

Reliance Money gold scheme


In a bid to carve a big slice of the Rs 2.3-trillion gold market in the country, Reliance Money Precious Metals Pvt Ltd today announced a gold accumulation plan under which customers can invest as little as Rs 1,000 a month.

The subscription tenure for the scheme, called Reliance My Gold Plan, ranges from one to 15 years.

Customers can start accumulating the yellow metal using a daily average pricing methodology. Daily average pricing methodology splits the monthly subscription into equal parts. 

At the end of the selected term of the plan, customers have the option to exchange their accumulated gold grams into 24-carat gold coins or jewellery at designated outlets across India.

While the accumulation of gold will start on the day after the realisation of funds, it can be tracked using a unique customer ID. 

The plan has an administrative charge of 1.5 per cent on each subscription, a lock-in period of six months and a pre-maturity charge of 2.5 per cent.

The World Gold Council is the marketing partner for the plan.


Thursday, November 22, 2012

ATM ALERT:


The system which enabled the ATM to take back cash if it is not removed within a certain time, has been WITHDRAWN.

The step has been taken to prevent the misuse of the system as RBI has received complaints about people trying to defraud banks by holding on to some withdrawn cash in ATMs and then claiming non-receipt of cash after the machine takes back the rest. 

Meaning, now if you do not take away the cash from the ATM after you keyed in for it, the cash will remain hanging there.

Monday, November 19, 2012

FYI: Banks pay you Rs 100 per day as fine when…


Fees and fines are part of our life, especially when it comes to banks. You are slapped with a fee, if you don’t maintain the minimum balance in your savings account. You pay a credit card bill late; there is a late payment fine.

If a cheque is bounced for financial or non-financial reasons (forgot to write the date on a cheque) and you have to pay up for that. 

There are hundreds of reasons as to why you could land up paying a fee to a bank. But, did you know, as per the Reserve Bank of India, banks too have to pay you a fee? To know more, read on.

Under what circumstance: Ideally, when you visit an ATM to withdraw cash, you insert your debit card into the machine. Provide your PIN number. And after a few seconds you get the cash and corresponding cash withdrawal receipt. 

But, at times, the ATM machine fails to spit out the cash, but you get a receipt stating that the amount has been withdrawn.

What’s the rule: In such a circumstance, you call up the bank’s call center or visit the nearest bank branch and inform them about the incidence of the failed ATM transaction.

The bank assures you that the wrongly debited amount will be credited into your account. As per the Reserve Bank of India, banks have to credit this wrongly debited amount into your account within seven working days from the date of your complaint.

Banks pay you a fee: If your bank fails to comply with this rule, they have to pay you a fee of Rs 100 per day after the seventh working day.

Keep in mind that you are entitled to such a compensation for delay from your bank (the bank that has issued your debit card used to withdraw the cash), only if you lodge such a claim within 30 days of the date of transaction. If you are lucky, you won’t ever face such a situation.

But, there have been many such cases in the past with failed ATM transactions and the bank’s delay in paying the wrongly debited amount. The RBI observed that at times, some banks took as many as 50 plus days to re-credit the wrongly debited amount. Hence, this rules, to pay you a fee.

Tip: Irrespective of which bank’s ATM you use, ensure that you get in touch with your bank (the bank which has issued your debit card) and file the complaint. The call center’s number will be at the back of the debit card.

Saturday, November 17, 2012

Delhi eye on Israel ‘Dome’

As Israeli missiles shot down two rockets aimed at the city of Ashdod this afternoon, an officer in the defence establishment in New Delhi totted up the scores.

India is closely watching missile defences deployed by Israel in its “Operation Pillar of Defence”, the latest flare-up between the Hamas and Israel across the Gaza Strip.

These are systems that the Indian military is evaluating. Chiefly, the Indian military is focusing on the performance of a system called “Iron Dome” that is the defence mechanism for a clutch of cities and settlements in Israel — including the southern suburbs of Tel Aviv — that are within range of the rockets fired from Gaza.

Southern Israel this week has been the true test for Iron Dome — a system touted by Israeli military officials as a “game changer”. Iron Dome first became operational last year and intercepts rockets fired from short distances of up to 80km with up to 80 per cent effectiveness.

The system, largely funded by the US and developed by the Israeli company Rafael, works by using a radar detection and tracking system to determine whether rockets will fall in areas needing protection. It then fires interception missiles that destroy the warheads and engines of incoming rockets.

The Jerusalem Post newspaper reported today of 83 missiles fired from the Gaza Strip in the hours after the killing of a Hamas commander, a majority were neutralised by a missile shield.

In 2009, the Indian Air Force was Israel’s first foreign customer for the Spyder missile defence system — a Quick Reaction Surface to Air Missile (QR-SAM) — that is replacing vintage Soviet-origin OSA-AK system. The value of the contract was not disclosed.

India’s requirement of missile defence systems are huge and Israel has been a steady supplier. It supplied the Barak I that the Indian Navy has installed or is installing on almost all its frontline ships. The Defence Research and Development Organisation (DRDO) also has a project with Israel to develop the Barak NG (next generation) that will be deployed on ships that the Indian Navy has on order.

An estimate of India’s missile defence requirements is difficult to make because of the secrecy involved. The army and the air force’s missile defence systems largely made up of outdated Pechora and OSA-AK systems procured from the Soviets.

In March this year, through a letter that was leaked, the then chief of army staff, Gen. V.K. Singh, had told Prime Minister Manmohan Singh that missile defence systems were 97 per cent obsolete and that they could not protect high value targets.

India’s own short-range missile defence programmes — the Akash and the Trishul — have not been able to meet the requirements of the armed forces.

Since 2010, Rafael Advanced Systems is known to have offered two missile defence projects — the “Iron Dome” and another called “David’s Sling” to the Indian armed forces.

A developer of Iron Dome at Rafael’s headquarters said that one of the problems with the system was its high cost.

Each time an Iron Dome missile is fired it costs about $70,000 (Rs 9.3 lakh). Israeli police reported that in the first few hours of Israel’s current operation in Gaza, Iron Dome shot down 18 rockets that would have hit civilian areas.

“The problem with Iron Dome is that it is not a solution. It is not the final answer but rather assistance to the communities under fire,” the Rafael developer said.