Central Information Commission
Mr.Veer Sain vs Reserve Bank Of India on 15 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002074/16343
Appeal No. CIC/SG/A/2011/002074
Relevant Facts emerging from the Appeal
Appellant : Mr. Veer Sain
C/o Deepak Sain
#1344, Barkat Nagar,
Near Govinddev
Temple, Tonk Fatak, Jaipur- 203015
Respondent : Mr. Ashok Joshi,
CPIO & Chief General Manager Reserve Bank of India Central Office, Cuffe Parade, Saheed Bhagat Singh Marg, Mumbai - 01 RTI application filed on : 14/01/2011 PIO replied : 20/01/2011 & 24/1/2011, 15/01/11, 14/1/11 First appeal filed on : 12/03/2011 First Appellate Authority order : Not ordered Second Appeal received on : 01/06/2011 Sl. Queries Reply 1 The year wise central board, local board and As per the accounting practice followed by the subcommittee meetings held in 2008, 2009 and Reserve Bank of India, the expenditure 2010 with date of meeting, place, hotel charges, incurred on Directors of the Central Board conveyance charges, lunch/dinner charges, sitting attending meetings of the Central Board and its fees, gifts payments and other charges may please sub-committees as also that on Members of the be provided, Local Boards attending meetings of the Local Boards are debited to a single account, viz.
'Directors' and Local Board Members' Fees and Expenses Account' and breakup of expenses as requested by you is not available. Moreover, as the meetings of the Central Board and those of Local Boards are held at various places in India, the bills are settled by the Regional Office, under whose jurisdiction the meeting is held. We are, however, enclosing the details of expenditure that are available (for 2009 & 2010) on our records. Annex Ito IV.
2 I want to inspect the bills paid by the RBI for all As explained therein the bills are kept in the these expenditures at RBI Jaipur. A suitable date respective Regional Offices settling those bills. may be given for that. Also advise how many You may, however, inspect the bills paid at pages these bills are. various regional offices at mutually convenient Page 1 of 6 date & time. The date and place of meetings of the Central Board and Local Boards held during 2008, 2009 and 2010 are given in Annex V. Please refer to reply to question no.1 3 Please advise who else (number and cadre wise) Central Board - Apart from Governor, DGs and from RBI apart from DG & ED attend the central EDs, only Chief General Manager & Secretary, board/local board meetings and whether any Secretary's Department attends the Board police note/notings in this regard. meetings as Secretary of the Central Board by convention. An official from the Department of Economic & Policy Research is invited to attend the July meeting of the Board to note suggestions of Directors when the draft Annual Report is discussed.
Local Boards - Apart from Members and Secretary of the Local Boards the following officers attend the meeting of the Local Board.
(i) Regional Directors within the jurisdiction of the local board, by invitation, (ii) The Chief General Manager, Local Board Cell in the Central Office and (iii) the representatives of Departments / Regional Offices whose agenda/compliance is placed before the Local Board are invited to join the discussions to give clarifications/replies/further information.
4 'What "As per the Agenda item no 9 (iii) of A copy of the miscellaneous Agenda No minutes of 75th meeting of the staff sub 12 dated December 8, 2010, together committee of the board held on December 22, with Annex I and Annex II which indicates 2009, the committee would review the working category wise sanctioned and working strength vis -- a -- vis the sanctioned strength in strength of all class of employees of the all cadres in the bank once a year at future Reserve Bank as on June 30, 2010, is enclosed. meetings. Whether in the meantime since than a year has passed such a review has taken place. A copy of such review note I order may please be provided."
6 Whether the savings bank account rules are same In the context of granting greater functional across banks or the banks are at liberty to frame autonomy to banks, operational freedom has their own S.B. rules levying any charge they want been given to scheduled commercial banks, on restricting debit and credit transactions and all mattefs pertaining to banking transactions. levying any amount for non- maintenance of The guidelines issued by RBI with regard to minimum balance and transaction charges savings bank account and service charges are given in Annex 7 'What are the criteria for creation and abolition of We have information additional posts of ED and CGM and what are DAPM. CO. RIA. 13523110.03.016/2009 their responsibilities which can not be delegated 13, 2010, and to the lower levels necessitating creation of these 5205/07.50.01/2010 November 22, 2010. One many posts? post of Executive rector and How many additional posts have been created in twenty eight post of Grade F were created in the above level during last 10 years? the last ten years. Whether at any time in the past these posts have No post of Executive Director has been been abolished after creation." abolished after its creation in the past.
already furnished the vide our letters Page 2 of 6 No
-- 10 dated April DAPM.CO.RIA
-- 11 dated 8 "Please provide me the department wise grade F The Grade F Officers posted in various officers at Central Office and Regional Offices." Departments of Central Offices, Regional Offices and who are on deputation as on January21, 2011, is enclosed.
9 The NHB which is the regulator for the Housing What is being sought by you is an opinion or Finance Companies has recently issued a circular view to be formulated by us which is not prohibiting HFC from collecting Prepayment "information" as defined under the RTI Act, charges in case the payment is made out of own 2005. resources of the borrower. Why the same principal has not been extended to banks for all loans as NHB is a subsidiary of RBI and there should not be any regulatory arbitrage?
12 "The number of officers, class 1111W employees The number of Officers , Class III and Class IV the bank has as on 31/12/2010 and the number staff as on December 31, 2010, has not been employees I officers who are going to retire cadre compiled, however, information as on June 30, wise till 31/12/2015 may please be advised." 2010, in the Reserve Bank of India is as under:
Officer Class Class
III IV
8981 3700 6933
13 What is the total amount spent year wise on • The RPCD is not compiling this data.
outreach program conducted by the bank in last Therefore, the department has no information
two years? How many villages have been adopted to furnish on the amount spent on outreach
by the bank under the above program? How much programs.
money have been spent by airfare, conveyance • No village has been adopted by RBI.
and other expenses and what benefit has crued to However, 167 villages were identified in the
the villagers in terms of money? year 2009-10 to be transformed into Model
Villages having 100% financial inclusion using BC-ICT based model. In the current year, 214 villages including the villages selected last year have been identified to be tran3forrned into model villages.
• The RPCD has no information to furnish on the amount of money spent on airfare, conveyance and other expenses on outreach programmes.
. The RPCD has no information to furnish on the benefit accruing to villages in terms of money under outreach programs.
14 \4(At what interval the directory of officers/employees disclosed under Right to Information Act 2005 is updated and please provide the name and designation of the officer who is responsible 15 Please advise whether the Governor / Deputy Governor and Deputy Governors address Governors ever address all the employees of the section of employees on various occasions. central office/Regional offices as a matter of They also address staff through video policy or they only meet select conferencing. Governor addresses the officers/employees. employees of the Bank through New Year Page 3 of 6 letter.
16 Please advise whether the disclosure policy as directed by CIC (SM) in file NO.CIC/SM/A/2010/000148 is already prepared.
201017 Please advise me out of Rs. 33,71551 crores of DBOD has no information to furnish in this bank credits extended as on Nov 19, 2010, how regard. much credit is extended on floating rate basis by the banks.
18 Please advise, when loan is extended on floating What is being sought by you is an opinion or interest rate, whether there can be difference in vie to be formulated by us which is not interest rate between pld and new customers when "information" a defined under the RTI Act, both the customer belongs to the same category as 2005. However W advise that in terms of per bank's classification and avail the same loans paragraph 2.4.1 of RBI Master Circular dated July 1, 2010 on 'Interest Rates on Advances' (extract enclosed) bank have been given freedom to offer all categories loans on fixed or floating rates, subject I conformity to their Asset-Liability Management (ALM) guidelines. The methodology of computin the floating rates should be objective, transparer and mutually acceptable to counter parties. Th Base Rate could also serve as the reference benchmark rate for floating rate loan product apart from external market benchmark rates. The floating interest rate based on external benchmark should, however, be equal to or above the Base Rate at the time of sanction or renewal. The methodology should be adopted for all new loan In the case of existing loans of longer I fixe tenure, banks should reset the floating rate according to the above, method at the time review or renewal of loan accounts, after obtaining the consent of the concerned borrower/s.
19 Whether any Banking Ombudsman has given any No such data in the way required by you is award in the matter regarding loan extended on available on record. All types of complaints floating interest rate, and Appellate Authority has received against loans are grouped together given any decision on the appeal filed by the under the heads 'Loans and Advances- bank? If so, the details thereof i.e. a copy of the General' and 'Loans There is no category award and a copy of the order in the appeal may "loans extended on floating interest rate, and as please be provided. such no separate data /information is classified/compiled in this regard.
20 What is the number and names of the members of The Committee on Customer Service has been Committee on customer service constituted constituted under the Chairmanship of Shri M recently? Damodaran. The members of the Committee are as under:
1. Shri M Damodaran, Chairman
2. Smt P Rajyalakshmi Rao, Member
-3, 5hr+se{rRav'at-Mem bc-r --
4. Shri MV Nair, Member
5. Shri BM Mittal, Member Page 4 of 6
6. Shri MS Sundara Rajan, Member
7. Shri S Gopalakrishnan, Member
21 21. Please provide the details as to how many None of the members of the members/chairpersons have Of the Committee undertaken foreign tours in connection with including the Chairman has undertaken any the above A copy of the approval note may be foreign tour in this regard. given.
22 In terms of letter No DBOD No DL You are requested to refer to various provisions 17328/20.16.040/2008-09 dated April 16, 2009 in the Credit Information the Credit Information Bureau (India Ltd) was Companies(Regulation) Act, 2005, as well as issued in principle approval for setting up a credit the Rule and Regulations framed there under. Information company. Please advise how this approval was given for setting up a company which was already in existence even before 2003.
23 As per the approval letter paragraph Copy of relevant extract of the Cred 3 a certificate of registration should have been Information Companies (Regulation) Act, 200 given to the company after it had complied with is enclosed. all conditions given in the annexure and other relevant formalities under regulation 5(2) of the Credit Information Companies Regulations 2006. But as per regulation 5(1)a in principle approval is given , giving them the time to fulfill the conditions within 3 months. 5(1)b says that the RBl can give three months more time to fulfill the conditions. CIBIL got the in principle approval on April 16, 2009 and therefore by October 16, 2009 the company should have got a certificate of registration. But the company has not got certificate of registration till date. Why the company is allowed to continue business without fulfilling the conditions of in principle approval Any process-note allowing the company to continue business may be provided.
24 Since when the CIBIL is charging Rs. 142 to RBI has no information about the date from provide credit information report to the which CIBIL is charging of Rs. 142/- to individuals. Whether it has taken RBI's opinion to provide credit information report to the charge the amount by adding tax liabilities and individuals DBOD, RBI had been seized of the postage to it as the same was not mentioned in the issue since October 2009 and the matter was regulations? When the RBI came to know that under inter departmental reference. Our replies CIBIL was charging Rs.142 for a credit report? in response to your application under RIA No Whether the matter was examined then or after 612 and Appeal No 60 were furnished after due being pointed out by me through my application and deliberate consideration. this view has been taken to benefit the company The second part of your Query is interrogatory and avoid responsibility? Incidentally, I may add in nature. that another credit information company charges Rs. 138 for postage and tax liabilities. If a person receives the credit report through email, even then postage is charged. Whether R8I is regulating these companies or trying to cover up their undesirable charges to the individuals?
Page 5 of 6Grounds for the First Appeal:
Information provided is unsatisfactory.
Order of the FAA:
Not mentioned Grounds for the Second Appeal:
Information has not been provided Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Veer Sain on video conference from NIC-Jaipur Studio; Respondent: Mr. Ashok Joshi, CPIO & Chief General Manager and Mr. B. S. Bohra, Assistant Legal Advisor on video conference from NIC-Mumbai Studio; The PIO has given adequate information but is now directed to give the following information: 1- Query-3: If there is a policy documents or circular available authorizing non-board members to attend the board meetings this will be provided. If there is no such documents are available this should be stated.
2- Query-7: If any specific board approval has been obtained the Appellant will be informed accordingly giving a copy of the document by which the approval was given. If there is nothing this should be stated.
The Appellant believes that the Commission should order public authorities on how to compile and maintain various informations. The Commission believes that this is not its duty unless it sees special needs to do this and all Public Authority need not to maintain information as per the requirements of each RTI applicant. The Appellant has sought a very large number of queries and insists that information must be kept by the Public Authority in the manner that he seeks. This is not possible and the Appellant continues to insist that the RTI Act should be repealed if the information sought by him is not available.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information on the tow points as directed above to the Appellant before 05 January 2012.
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 15 December 2011 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 6 of 6