Central Information Commission
Shri.M S Darodia vs Reserve Bank Of India on 17 April, 2012
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Decision No. CIC/SG/A/2012/000404/18431
Appeal No. CIC/SG/A/2012/000404
Relevant Facts emerging from the Appeal
Appellant : Mr. Muljibhai Darodia,
8/A, National Highway Road,
Dist. Bankaner, Rajkot,
Gujarat- 363622.
Respondent : Mr. Deepak Singhal
Public Information Officer & Chief General Manager Reserve Bank of India, Department of Banking Operations & Development, Central Office, C.O. Building, 13th Floor, Fort, Mumbai- 400001.
RTI application filed on : 05/08/2011 PIO replied : 26/08/2011 First appeal filed on : 08/09/2011 First Appellate Authority order : 21/10/2011 Second Appeal received on : 30/01/2012 Information Sought:
1. Kindly give information regarding the regulations framed by the Reserve Bank of India under, Section 58 of the Reserve Bank of India Act, 1939, relating to prevention of money laundering in the Banks.
Reply of the Public Information Officer (PIO):
• No provision has been made by the Reserve Bank of India regarding prevention of money laundering under section 58 of the Reserve Bank of India Act, 1934.
• Moreover, RBI has issued certain directions to banks relating to money laundering under Section 35 (A) of the Banking Regulation Act 1949 and Rule 7 of the Prevention of Money Laundering Rules, 2005. Such directions relate to aspects like maintenance of records of the nature and value of Transactions, the procedure and manner of maintaining and time for furnishing information and verification and maintenance of records of the identity of the clients of the Banking Companies, Financial institutions and Intermediaries. • These directions, like 'Know Your Customer (KYC), Anti Money Laundering Rules (AML), under PMLA, 2002, Duties of the Banks and such other rules and directions have been included in our Master Circular BPVV. AML. BC. No. 2/14/01/001/2010-11.
• The Master Circular is available on the RBI URL http://www.rbi.org.in/scripts/BS ViewMas Circular details. Aspx?id= 6520.
• If you want the photo copies of any of the above documents, then you can obtain it from any office of the RBI as per the provisions of Section 4 of the RTI Act, 2005 by paying the requisite fee of Rs. 2 per page.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.Page 1 of 2
Order of the First Appellate Authority (FAA):
The appellant has not mentioned specifically as to how he is aggrieved by the reply of the PIO. It is not clear what aspect of the reply did not convince the appellant. The Appellate Authority observed "I am unable to find anything in the CPIO's reply that would suggest that he denied the appellant the information requested by him regarding the regulations framed by the RBI for prevention of money laundering". The appeal was dismissed as the appellate authority found no grounds for interference.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Muljibhai Darodia on video conference from NIC-Nagpur Studio; Respondent: Mr. Abhilash, Assistant Legal Advisor representing Mr. Deepak Singhal, CPIO & Chief General Manger on video conference from RBI Studio; The Appellant has sought information whether RBI has made any Regulation with respect to prevention of Money Laundering. The PIO ahs provided information as per available records. The appellant appears to be well meaning and wishes to highlight certain corruption and problems. However, this Commission has not jurisdiction over these matters.
Decision:
The Appeal is disposed.
Information available on the records has been provided. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 17 April 2012 (In any correspondence on this decision, mention the complete decision number.)(SS) Page 2 of 2