RBI/2011-12/100
DBOD.No. BL.BC. 33/22.01.001/2011-12

July 1, 2011
Ashadha 10, 1933(Saka)

All Commercial Banks
(excluding RRBs)

Dear Sir,

Section 23 of Banking Regulation Act, 1949 – Master Circular on Branch Authorisation

Please refer to the Master Circular DBOD.No. BL.BC.8/22.01.001/2010-11 dated July 1, 2010 consolidating instructions / guidelines issued to banks on Branch Authorisation till June 30, 2010. The Master Circular has been suitably updated by incorporating the instructions issued upto June 30, 2011.  A copy of the updated Master Circular is enclosed. The Master Circular has also been placed on the RBI website (http://www.rbi.org.in).

2. Foreign banks may be guided by paragraph 20 of this Master Circular.

Yours faithfully,

(A.K. Khound)
Chief General Manager

Encls. :  as above

TABLE OF CONTENTS

Master Circular on Branch Authorisation

A.  Purpose

To provide a framework of rules / regulations / procedures to be followed by banks while opening / shifting / closing branches in India in accordance with provisions of Section 23 of the Banking Regulation Act, 1949.

B.  Classification

A statutory guideline issued by Reserve Bank of India.

C.  Previous Guidelines consolidated

The Master Circular updates the instructions contained in the circulars listed in the Appendix.

D.  Scope of Application

To all commercial banks (other than RRBs) including Local Area Banks.

Structure

1.  Introduction
2.  Definition
3.  Branch Authorisation Policy
4.  Procedure for Application
5.  Validity of Authorisation
6.  Opening of Branches
7.  Setting up of Off Site ATMs - General Permission
8.  Substitution of Centres
9.  Setting up of Central Processing Centres / Back Offices
10.  Call Centres
11.  Business Facilitator / Business Correspondent Model
12.  Door Step Banking
13.  Shifting of Branches
14.  Conversion of Branches
15.  Merger of Branches
16.  Closure of Branches
17.  Acquisition of premises
18.  Population Group wise classification of centres
19.  Reporting to Reserve Bank of India
20.  Foreign Banks

Annex - 1 - FORM VI (Form of application for permission to open a new place of business)
Annex - 2 - Summary of branches proposed to be opened
Annex - 3 (A) - State-wise, population-group-wise number of existing branches in underbanked / other than underbanked districts
Annex - 3 (B) - State-wise, population-group-wise number of existing ATMs in underbanked / other than underbanked districts
Annex - 3 (C) - State-wise, population-group-wise number of existing Extension counters
Annex - 3 (D) - Information to be submitted along with Annual Branch Expansion Plan
Annex - 4 - List of Underbanked districts
Annex - 5 - Details of Tier-wise classification of centres based on population
Annex - 6 - List of Underbanked Districts in Underbanked States
Annex - 7 - Proposals for shifting of branches from one centre to another centre
Annex - 8 - Proposals for merger of branches
Annex - 9 - Proposals for closure of branches
Annex - 10 - Reporting format for opening of branches under general permission In Tier 3 to Tier 6 centres
Annex - 11 - Reporting format for operationalisation of Off site ATMs by banks
Annex-12 - Conditions subject to which Off-site ATMs can be operationalised by banks
Annex- 13 - Facilities which can be provided through ATMs
Annex - 14 - Proforma - I & Proforma- II
Appendix - List of Circulars consolidated in the Master Circular

1.  Introduction

The opening of new branches and shifting of existing branches of banks is governed by the provisions of Section 23 of the Banking Regulation Act, 1949. In terms of these provisions, banks cannot, without the prior approval of the Reserve Bank of India (RBI), open a new place of business in India or abroad or change, otherwise than within the same city, town or village, the location of the existing place of business. Section 23 (2) of the Banking Regulation Act lays down that before granting any permission under this section, the Reserve Bank may require to be satisfied, by an inspection under Section 35 or otherwise, as to the financial condition and history of the banking company, the general character of its management, the adequacy of its capital structure and earning prospects and that public interest will be served by the opening or, as the case may be, change of location of the existing place of business. Commercial banks (other than RRBs) including Local Area Banks should approach Department of Banking Operations & Development, Central Office in this regard.

The policy for authorisation of branches in India is summarized in the following paragraphs.

2.  Definition

For the purpose of branch authorisation policy, a "branch" would include a full-fledged branch, a satellite office, an Extension Counter, an off-site ATM (Automated Teller Machine), administrative office, controlling office, service branch (back office or processing centre) and credit card centre. A call centre will not be treated as a branch. A call centre is one where only accounts or product information is provided to the customer through tele-banking facility and no banking transaction is undertaken through such centres. Also, no direct interface with clients / customers is permitted at call centres.

3.  Branch Authorisation Policy

(i)  With the objective of liberalising and rationalising the branch authorisation policy, a framework for a branch authorisation policy which would be consistent with the medium term corporate strategy of banks and public interest has been put in place. In addition to the requirement relating to the financial condition and history of the banking company, the general character of its management, the adequacy of its capital structure and earning prospects, the branch authorisation policy framework would have the elements enumerated in the following paragraphs.

(ii)  As regards the public interest dimensions of the policy framework, the following aspects would be kept in view in processing the authorisation requests :

(a)  The RBI will, while considering applications for opening branches give weightage to the nature and scope of banking facilities provided by banks to common persons, particularly in underbanked areas (districts), actual credit flow to the priority sector, pricing of products and overall efforts for promoting financial inclusion, including introduction of appropriate new products and the enhanced use of technology for delivery of banking services.

(b)  Such an assessment will include policy on minimum balance requirements and whether depositors have access to minimum banking or "no frills" banking services, commitment to the basic banking activity viz., acceptance of deposits and provision of credit and quality of customer service as, inter alia, evidenced by the number of complaints received and the redressal mechanism in place in the bank for the purpose.

(c)  The need to induce enhanced competition in the banking sector at various locations.

(d)  Regulatory comfort will also be relevant in this regard. This would encompass :

-  compliance with not only the letter of the regulations but also whether the bank's activities are in compliance with the spirit and underlying principles of the regulations.

-  the activities of the banking group and the nature of relationship of the bank with its subsidiaries, affiliates and associates.

-  quality of corporate governance, proper risk management systems and internal control mechanism.

(iii)  As regards the procedural aspects, the existing system of granting authorisations for opening individual branches from  time to time has been replaced by a system of giving aggregated approvals, on an annual basis, through a consultative and interactive process. Banks' branch expansion strategies and plans over the medium term would be discussed by the RBI with individual banks. The medium term framework and the specific proposals would cover the opening, closing, shifting, merger and conversion of all categories of branches.

(iv)  In terms of the existing branch authorisation policy, banks will not be required to approach Regional Offices of Reserve Bank of India for "licence" for opening branches.

(v)  Domestic scheduled commercial banks (other than RRBs) are permitted to open branches/ Mobile branches / Administrative offices / Central Processing Centres (CPCs) / Service branches in Tier 3 to Tier 6 centres (with population upto 49,999 as per Census 2001 - details of classification of centres tier-wise furnished in Annex 5) without permission from Reserve Bank of India in each case, subject to reporting. Domestic scheduled commercial banks (other than RRBs) are also permitted to open branches / Mobile branches / Administrative offices / Central Processing Centres (CPCs) / Service branches in rural, semi-urban and urban centres in North Eastern States and Sikkim without permission from Reserve Bank of India in each case, subject to reporting.

Mobile branch is extension of banking facilities through a well protected van with arrangements for two or three officials of the bank sitting in it with books, safe containing cash etc.  The mobile unit would visit the places proposed to be served by it on specific days / hours. The mobile branch should not visit villages / centres which are served by co-operative banks and places served by regular branch of commercial banks. The mobile branch should be stationed in each village/ location for a reasonable time on specified days and specified hours, so that its services could be utilized properly by customers. The business transacted at the mobile branch shall be recorded in the books of the base branch/data centre. The bank may give wide publicity about the mobile branch in the village, including details of "specified days and working hours" at various locations so as to avoid any confusion to local customers; and any change in this regard should also be publicized. In order to inform public/customers, arrangement should be made to display these details in the areas serviced by the mobile branch.

(vi)  Opening of branches/ Mobile branches / Administrative offices / Central Processing Centres (CPCs) / Service branches by domestic scheduled commercial banks (other than RRBs) in Tier 1 and Tier 2 centres (centres with population of 50,000 and above as per 2001 Census) will continue to require prior permission of the Reserve Bank of India, except in the case of North Eastern States and Sikkim where the general permission would cover semi-urban and urban centres also.

(vii)  The number of branches which would be authorized by the Reserve Bank of India based on such applications would depend, inter alia, upon various aspects, including a requirement that banks may plan their annual branch expansion in such a manner, that at least one-third of total number of branches opened in a financial year in Tier 3 to Tier 6 centres are in underbanked districts of underbanked States (as per Annex 6), as also upon a critical assessment of the bank's performance in financial inclusion, priority sector lending, customer service etc.

(viii)  The general permissions referred to at para 3 (v) above would be subject to regulatory / supervisory comfort in respect of the bank concerned and RBI would have the option to withhold the general permissions now being granted, on a case-to-case basis, taking into account all relevant factors.

4.  Procedure for Application

4.1  Based on the medium term strategy and considerations outlined in paragraph 3 above, banks should submit, on an annual basis, detailed proposals for opening new branches at specific centres, for which prior permission is required from RBI, in the prescribed Form VI in terms of Rule 12 of the Banking Regulation (Companies Rules), 1949, to the Department of Banking Operations and Development, Central Office, Reserve Bank of India, Mumbai for approval. The Proforma of Form VI is enclosed in Annex 1. The summary of branches proposed to be opened may be submitted as per proforma in bilingual format in Annex 2. Along with this, information sought in Annex 3 (A, B, C & D) should also be furnished. The Form VI is not required to be submitted in respect of Administrative Offices / Controlling Offices, Credit Card Centres and Back Offices / Processing Centres.

4.2  Banks are free to submit their annual branch expansion plan any time during the year. It is not linked either to the financial year or calendar year. The annual branch expansion plan should include specific proposals for opening, closing, shifting, merger and conversion of branches where prior permission of RBI is required in terms of the extant instructions. The annual branch expansion plan will be discussed with the bank, normally, within four weeks from its submission and approvals thereof will be communicated thereafter.

4.3  Notwithstanding the above, banks may approach RBI for any urgent proposals regarding opening of branches, especially in under banked areas (districts) anytime during the year, in addition to the authorizations granted under the annual plan, which would be considered on merit.

4.4  The Annual Branch Expansion Plan (ABEP) and any other proposals required to be submitted to RBI in this regard should have approval of Board of Directors of the Bank or such other authority to which powers have been delegated by the Board of the bank.

5.  Validity of Authorisations

5.1  The validity of the authorisation granted would be one year from the date of the issue of the letter of authorisation / permission.

5.2  Generally, no extension in validity period of the authorisation would be allowed. However, in case a bank is unable to open a particular branch due to genuine reasons during the validity period of one year, they may approach the Regional Office concerned of RBI / DBOD, CO (in respect of branches in Maharashtra & Goa), before expiry of validity period of authorisation for extension of time for a further period not exceeding one year.

5.3  At centres where a bank fails to open a branch within the validity period of the authorisation i.e. one year (or within the extended time of another year, as the case may be), the permission granted would automatically lapse and if a bank is still interested in opening the branch at that centre, they should include the same in their Annual Branch Expansion Plan.

6.  Opening of Branches

6.1  As indicated in paragraph 3(v) above, domestic scheduled commercial banks (other than RRBs) are permitted to open branches in Tier 3 to Tier 6 centres, as also in rural, semi-urban and urban centres in North Eastern States and Sikkim without permission from Reserve Bank of India in each case, subject to reporting as per the format enclosed (Annex 10).

6.2  Banks may include all proposals for opening of branches in such centres where permission from RBI is required, in the annual branch expansion plan. Further, banks are encouraged to open branches in underbanked districts and rural centres. In order to facilitate banks to identify centres in underbanked districts, a list of such districts is given in Annex 4. Similarly a list of underbanked districts of underbanked States, is given in Annex 6.

6.3  Further, new private sector banks are required to ensure that at least 25% of their total branches are in semi-urban and rural centres on an ongoing basis.

7.  Setting up of Off-site / Mobile ATMs - General Permission

Scheduled Commercial Banks are permitted to install Off-site / Mobile ATMs at centres / places identified by them, without permission from the Reserve Bank. This would, however, be subject to any direction which the Reserve Bank may issue, including for closure / shifting of any such Off-site/ Mobile ATMs, wherever so considered necessary by the Reserve Bank. The banks should report full details of the Off-site / Mobile ATMs installed by them in terms of the general permission to the Regional Office concerned of Department of Banking Supervision / DBOD, CO (in respect of Off-Site / Mobile ATMs in Maharashtra and Goa) immediately after operationalisation and in any case not later than two weeks, as per the format enclosed (Annex 11 and Annex 15). The conditions subject to which Off-site / Mobile ATMs can be operationalised by banks and the facilities which can be provided by banks through ATMs have been furnished in Annex 12 and Annex 13 of this circular.

(ii)  Banks are advised to take necessary steps to provide all existing ATMs / future ATMs with ramps so that wheel chair users / persons with disabilities can easily access them and also make arrangements in such a way that the height of the ATM does not create an impediment in its use by a wheelchair user. Banks may also take appropriate steps including providing ramps at the entrance of the bank branches so that the persons with disabilities / wheel chair users can enter the bank branches and conduct business without much difficulty.

(iii)  Further, banks should make at least one third of new ATMs installed as talking ATMs with Braille keypads and place them strategically in consultation with other banks to ensure that at least one talking ATM with Braille keypad is generally available in each locality for catering to needs of visually impaired persons. Banks may also bring the locations of such talking ATMs to the notice of their visually impaired customers.

8.  Substitution of Centres

8.1  While finalising the centre / place for opening of a branch, banks should make proper assessment, keeping in view the business potential for opening of the branch thereat. Normally substitution of centres would not be allowed. However, under exceptional circumstances, if banks are unable to open branch at the proposed centre due to genuine problem, banks should approach DBOD, CO alongwith reasons thereof, once in a year. The bank should submit Form VI in respect of the new centre. All such requests will be examined on a case-to-case basis.

8.2  Substitution of centres would be allowed to centres of a similar population group or to a lower population group provided banks undertake to open the branch within the period of validity of authorisation issued. Further, the substitution would not be allowed from a centre in underbanked district to a centre in other than underbanked district.

9. Setting up of Central Processing Centres / Back Offices

Banks may also set up Central Processing Centres (CPCs) / Back Offices exclusively to attend to back office functions such as data processing, verification and processing of documents, issuance of cheque books, demand drafts etc. on requests received from other branches and other functions incidental to banking business. These CPCs / Back Offices should have no direct interface with customers. These CPCs / Back Offices would be termed as Service Branches and would not be allowed to be converted into General Banking Branches. The proposals for these CPCs / Back Offices may be included in the annual branch expansion plan.

10. Call Centres

As no banking transaction is undertaken at a call centre, no permission is required for establishment of a "call centre" as defined in paragraph 2. However, details of opening, closure and shifting of call centres should be reported to RBI as provided in paragraph 19.

11. Guidelines for engaging Business Correspondents

The scheduled commercial banks including Regional Rural Banks (RRBs) and Local Area Banks (LABs) may engage Business Correspondents (BCs) subject to compliance with the following guidelines. Banks may formulate a policy for engaging Business Correspondents (BCs) with the approval of their Board of Directors. Due diligence may be carried out on the individuals/entities to be engaged as BCs prior to their engagement. The due diligence exercise may, inter alia, cover aspects such as (i) reputation/market standing, (ii)  financial soundness, (iii) management and corporate governance, (iv) cash handling ability and (v) ability to implement technology solutions in rendering financial services.

A. Eligible individuals/entities

The banks may engage the following individuals/entities as BC.

i) Individuals like retired bank employees, retired teachers, retired government employees and ex-servicemen, individual owners of kirana / medical /Fair Price shops, individual Public Call Office (PCO) operators, agents of Small Savings schemes of Government of India/Insurance Companies, individuals who own Petrol Pumps, authorized functionaries of well run Self Help Groups (SHGs) which are linked to banks, any other individual including those operating Common Service Centres (CSCs);

ii) NGOs/ MFIs set up under Societies/ Trust Acts and Section 25 Companies ;

iii) Cooperative Societies registered under Mutually Aided Cooperative Societies Acts/ Cooperative Societies Acts of States/Multi State Cooperative Societies Act;

iv) Post Offices; and

v) Companies registered under the Indian Companies Act, 1956 with large and widespread retail outlets, excluding Non Banking Financial Companies (NBFCs).

B.  BC Model

While a BC can be a BC for more than one bank, at the point of customer interface, a retail outlet or a sub-agent of a BC shall represent and provide banking services of only one bank. The terms and conditions governing the contract between the bank and the BC should be carefully defined in written agreements and subjected to a thorough legal vetting. While drawing up agreements, banks should strictly adhere to instructions contained in the guidelines on managing risks and code of conduct in outsourcing of financial services by banks, issued by Reserve Bank of India on November 3, 2006. The banks will be fully responsible for the actions of the BCs and their retail outlets / sub agents.

C. Scope of activities

The scope of activities may include (i) identification of borrowers; (ii) collection and preliminary processing of loan applications including verification of primary information/data;  (iii) creating awareness about savings and other products and education and advice on managing money and debt counselling;  (iv) processing and submission of applications to banks;  (v) promoting, nurturing and monitoring of Self Help Groups/ Joint Liability Groups/Credit Groups/others; (vi) post-sanction monitoring; (vii) follow-up for recovery, (viii) disbursal of small value credit,  (ix) recovery of principal / collection of interest  (x) collection of small value deposits (xi) sale of micro insurance/ mutual fund products/ pension products/ other third party products and  (xii) receipt and delivery of small value remittances/ other payment instruments.

The activities to be undertaken by the BCs would be within the normal course of the bank's banking business, but conducted through the BCs at places other than the bank premises/ATMs.

D. KYC Norms

KYC and AML procedures, as laid down in the Master Circular DBOD.AML.BC. No.2/ 14.01.001/ 2010-11dated July 1, 2010 and subsequent circulars on the subject should be followed in all cases.  The banks may, if necessary, use the services of the BC for preliminary work relating to account opening formalities.  However, ensuring compliance with KYC and AML norms under the BC model continues to be the responsibility of banks.

The banks should ensure the preservation and protection of the security and confidentiality of customer information in the custody or possession of BC.

F. Information Technology Standards

The banks should ensure that equipment and technology used by the BC are of high standards.

G. Distance Criterion

With a view to ensuring adequate supervision over the operations and activities of the retail outlet/sub-agent of BCs by banks, every retail outlet/sub-agent of BC is required to be attached to and be under the oversight of a specific bank branch designated as the base branch. The distance between the place of business of a retail outlet/sub-agent of BC and the base branch should ordinarily not exceed 30 kms in rural, semi-urban and urban areas and 5 kms in metropolitan centers. In case there is a need to relax the distance criterion, the District Consultative Committee (DCC)/State level Bankers Committee (SLBC) could consider and approve relaxation on merits in respect of under-banked areas etc.

H. Payment of commission/fee

The banks may pay reasonable commission/ fee to the BC, the rate and quantum of which may be reviewed periodically. The agreement with the BC should specifically prohibit them from charging any fee to the customers directly for services rendered by them on behalf of the bank. Commission structure or incentive mechanism should be devised in a manner that mere increase in the number of clients served or the transaction volume does not drive the commission. The remuneration should combine fixed and variable parts dependent, inter-alia, on some indication or measure of customer satisfaction. Some part of the variable remuneration could be deferred or clawed back in case of deficiency of service.

The banks (and not BCs) are permitted to collect reasonable service charges from the customers in a transparent manner. 

I. Transactions put through BC

In formulating their schemes, banks may, inter alia, be guided by the recommendations made at Chapter III of the Khan Group Report as also the  outsourcing guidelines released by Reserve Bank of India on November 3, 2006 (available on RBI website: www.rbi.org.in). The arrangements with the BC shall specify:

i) suitable limits on cash holding by intermediaries as also limits on individual customer payments and receipts;

ii) cash collected from the customer should be acknowledged by issuing a receipt on behalf of the bank;

iii) that all off-line transactions are accounted for and reflected in the books of the bank by the end of the day; and

J. Internal Control & Monitoring

The banks should carry out a detailed review of the performance of various BCs engaged by them at least once in a year and they should monitor the activities of BCs through their Controlling Offices and also through various fora under Lead Bank Scheme i.e. (SLBC, DLCC, BLBC).  The internal control mechanism in the bank should include visit to BCs and interface with customers at periodical intervals.

K. Consumer Protection Measures

The banks should take all measures to protect the interests of the customers. Some such safeguards are outlined below:

1. The retail outlet/sub-agent of the BC should be personally introduced to the members of public by the bank officials in the presence of village elders and government functionaries in a public meeting so that there is no misrepresentation/impersonation.

2. The products and processes should be approved by the banks and the company should not introduce any product/process without the approval of the bank concerned.

3. Each retail outlet/sub-agent may be required to post a signage indicating their status as service providers for the bank as also disclose the name of the BC, the telephone number of the base branch/controlling office of the bank and  the Banking Ombudsman and the fees for all services available at the outlet. 

4. Financial services offered by the retail outlets/sub-agents of the BC should not be tied to the sale of any product of such company.

5. The charges for offering various services should be indicated in a brochure and made available at the retail outlets/with the sub-agents.

6. The banks should develop suitable training modules in the local language(s) in order to provide proper attitudinal orientation and skills to the BCs/sub-agents.

7. As a measure of social audit, there could be periodic block level meetings where members of public are invited along with the BCs operating in the area as also the linked branch managers to express their difficulties and to obtain feedback. Lead District Manager (LDM) of the lead bank could attend such meetings in the district to get a direct feedback and provide such feedback to the controlling offices.

8. The bank should have necessary Business Continuity Plan (BCP) in place to ensure uninterrupted service in case the agency arrangement with the companies/ sub-agents are terminated.

9. In case a company is engaged as BC by more than one bank, it should be ensured that the customer database and account details are kept separate and there is no co-mingling of data.

L.  Redressal of Grievances

The banks should constitute Grievance Redressal Machinery within the bank for redressing complaints about services rendered by the BCs and give wide publicity about it through electronic and print media. The name and contact number of designated Grievance Redressal Officer of the bank should be made known and widely publicized. The designated officer should ensure that genuine grievances of customers are redressed promptly.  The grievance redressal procedure of the bank and the time frame fixed for responding to the complaints should be placed on the bank's website.  If a complainant does not get satisfactory response from the bank within 60 days from the date of his lodging the compliant, he will have the option to approach the Office of the Banking Ombudsman concerned for redressal of his grievance/s.

M. Customer Education

Financial literacy and customer education should form an important part of the business strategy and should form part of the commitment by banks adopting the BC model.Banks may scale up their efforts substantially towards educating their clientele in their respective vernacular languages regarding the benefits of banking habit. Information regarding BCs engaged by banks may be placed on the respective banks' websites. The Annual Report of the banks should also include the progress in respect of extending banking services through the BC model and the initiatives taken by banks in this regard. The banks may also use print and electronic media (including in the vernacular language) to give wide publicity about implementation of the BC model by them.

12.  Doorstep Banking

Banks are permitted to prepare schemes for offering Doorstep Banking facilities to their customers (including individuals, Corporate, PSUs, Government Department etc.), with the approval of their Boards, in accordance with the guidelines issued by Reserve Bank of India.

13.1  General

(a)  Shifting of branches should be part of the medium term corporate strategy of branch expansion. Accordingly, proposals requiring approval of RBI should be included in the annual branch expansion plan as per proforma in Annex 7.

(b)  Banks should, however, ensure that customers of the branch, which is being shifted, are informed well in time before actual shifting of the branch, so as to avoid inconvenience to them.

(c)  The details of shifting (i.e. new address, date of shifting etc.) should be reported to the Regional Office concerned of RBI / DBOD CO (in respect of branches in Maharashtra & Goa) immediately after shifting the branch, and in any case not later than two weeks after the shifting. No amendment in licence would be required in such cases.

(i)  The new centre is of the same or lower population group as the existing centre e.g. a branch at a rural centre can be shifted to another rural centre only; and

(ii)  A branch located in underbanked district can be shifted to another centre in an underbanked district only.

13.2  Shifting within the Centre (City / Town / Village)

Banks have been given freedom to shift a branch to any location within the centre (city / town / village) without seeking prior approval from RBI. As such, these cases should not be included in the annual branch expansion plan for our approval.

13.3  Rural Branches

13.3.1  Within the block

As a matter of policy, shifting of sole rural branch outside the centre / village is not permitted, as such shifting would render the centre unbanked. However, under exceptional / unforeseen circumstances (natural calamity, adverse law and order conditions etc.,) if the bank is proposing to shift any sole rural branch outside the centre, DCC approval should be obtained and proposal thereof should be included in the annual plan for our consideration.

Banks are, however, free to shift their rural branches within the block, from centres which are served by more than one branch of a commercial bank, without obtaining prior approval of RBI. While considering shifting of branches, banks should keep in mind the role entrusted to these branches under the Government sponsored programmes.

13.3.2  Outside the Block

Requests for shifting of branches from centres, which are served by more than one commercial bank branch (excluding Regional Rural Bank branch) outside the block should be included in the annual branch expansion plan and the same will be considered based on the following parameters:

(i)  Branches being shifted are in existence for five years or more and are incurring losses consecutively for the last three years;

(ii)  Branches located at centres prone to certain natural risks such as, floods, landslides or likely to be submerged due to construction of dams or affected by any natural calamities etc;

(iv)  Branches where the premises occupied by the bank are in a dilapidated condition or burnt / destroyed and no suitable premises are available at the centre etc.

13.4  Metropolitan, Urban and Semi Urban Branches

(a)  The banks may at their discretion shift their branches in metropolitan / urban / semi urban centres within the municipal revenue limit of that centre i.e. city / town without prior approval from RBI.

(b)  Banks may also shift their branches in metropolitan / urban / semi-urban centres within the same State (except single semi-urban branches as such shifting would render the semi urban centre unbanked) subject to the minimum criteria stated in para 13.1 (d) - (i) & (ii) above.

13.5  Part-shifting of Branches

Banks will have to approach RBI (DBOD, Central Office, BL Division for domestic banks and DBOD, Central Office, International Banking Division (IBD) for foreign banks) for approval for shifting of some activities / part-shifting of the branch. Part shifting of the branches will be considered by RBI on a case-to-case basis subject to the following norms :

(i)  No part shifting would be considered within three years of opening of a branch.
(ii)  Part shifting of only one branch per Metropolitan centre / State Capital would be permitted for each bank in a calendar year.
(iii)  The new location for part shifting should be within 250 meters of the existing location.
(iv)  For a single branch, only one part shifting will be permitted. Once a branch has been allowed part shifting, the new location as well as the existing location will not be eligible for part shifting.
(v)  To qualify for part-shifting, the area of the new location / premises should not be more than the area of the existing location.
(vi)  The same activity cannot be carried out at both the locations / premises.

14.  Conversion of Branches

14.1  Conversion of Specialised Branch

Banks may convert a specialized branch into another category of specialized branch or a general banking branch at their discretion. However, it may be ensured that details thereof are advised to the Regional Office concerned of RBI / DBOD, CO (in respect of branches in Maharashtra & Goa) immediately after the conversion of the branch, and in any case not later than two weeks after conversion. No amendment to licence / authorization would be required. Such cases should not be included in the annual branch expansion plan for our approval.

14.2  Conversion of General Banking Branches to any type of Specialized Branch

Banks are free to convert their general banking branches into Specialised branches subject to the condition that the bank should continue to serve the existing customers of the general banking branches, which are being converted into specialized branches. Such cases should not be included in the annual branch expansion plan for our approval.

However, it may be ensured that details thereof are advised to the Regional Office concerned of RBI / DBOD, CO (in respect of branches in Maharashtra & Goa) immediately after the conversion of the branch, and in any case not later than two weeks after conversion. No amendment to licence / authorization would be required.

14.3  Upgradation of Extension Counters and Satellite Offices into Full-fledged Branches

(i)  Banks are free to convert their existing Extension Counters (ECs) and Satellite Offices (SO) into full-fledged branches at their discretion and relocate them within that centre. However, banks should surrender the licences (if separate licence has been issued) of Extension Counters / Satellite Office and obtain a permission letter for full-fledged branch before effecting upgradation, from the Regional Office concerned of RBI / DBOD CO (in respect of ECs in Maharashtra & Goa). Such cases should not be included in the annual branch expansion plan for our approval.

(ii)  In cases where banks desire to upgrade their existing Extension Counters and Satellite Offices into full-fledged branches and relocate the same to another centre, such proposals should be submitted to RBI (DBOD CO) for approval.

14.4  Conversion of Rural Branch into Satellite Office

Conversion of a rural branch into satellite office is generally not favoured. However, in exceptional circumstances, such proposals may be considered. The proposals for conversion of rural branches into satellite offices should be submitted along with the annual branch expansion plan after obtaining the approval from the District Consultative Committee (DCC) for our consideration.

15.  Merger of Branches

15.1  General

(a)  Banks should, ensure that customers of the branch, which is being merged (transferor branch) are informed well in time before actual merging of the branch so as to avoid inconvenience to them.

(b)  The details of merger (date of merger etc.) should be reported to the Regional Office concerned of RBI / DBOD CO (in respect of branches in Maharashtra & Goa) immediately after merger of the branch, and in any case not later than two weeks after merger.

(c)  After merger the licence (if separate licence has been issued) of the merged branch (transferor branch) should be surrendered to the Regional Office concerned of RBI / DBOD CO (in respect of branches in Maharashtra & Goa) for cancellation.

Where a consolidated authorization has been issued for more than one branch, it would suffice, if the bank reports the merger of the particular branch (clearly mentioning the Sl.No. of the Annex to the letter of authorisation issued in respect of the branch) to the Regional Office concerned of RBI / DBOD, CO (in respect of branches in Maharashtra and Goa).

15.2  Merger of Sole Rural / Semi Urban Branch

As a matter of policy, merger of a sole rural branch / semi-urban branch is not permitted, as merging the same with a branch outside the centre would render the centre unbanked. However, under exceptional / unforeseen circumstances (natural calamity, adverse law and order condition etc.,), if the bank is compelled to merge any sole rural / semi urban branch, DCC approval should be obtained and proposal thereof should be included in the annual plan for our consideration. Details of such proposals for rural and semi urban branches are required to be furnished to us for our approval as per proforma in Annex 8.

15.3  Merger of Metropolitan, Urban and Semi Urban Branches

Banks may merge one branch with another branch at Metropolitan, Urban and Semi-urban centres (not assigned any responsibility under Government sponsored programme), without seeking prior approval from RBI. As such, these proposals should not be included in the annual branch expansion plan for our approval.

16.  Closure of Branches

16.1  General

(a)  Banks should, ensure that customers of the branch, which is being closed, are informed well in time before actual closure of the branch, so as to avoid inconvenience to them.

(b)  The details of closure (i.e. date of closure etc.) should be reported to the Regional Office concerned of RBI / DBOD CO (in respect of branches in Maharashtra & Goa) immediately after closure of the branch, and in any case not later than two weeks after closure.

16.2  Closure of Rural Branches

As a matter of policy, closure of even loss making branches at rural centres having a single commercial bank branch (excluding Regional Rural Bank branch) is not permitted, as closure would render the centre unbanked. The proposal for closure of a rural branch at a centre served by more than one commercial bank branch should be included in the annual branch expansion plan after obtaining approval of District Consultative Committee (DCC). Details of such proposals are required to be furnished to us for our approval as per proforma in Annex 9.

16.3  Metropolitan, Urban and Semi Urban Branches

Banks are permitted to close any branch in metropolitan, urban and semi-urban (not assigned responsibility under Government sponsored programme) centres without seeking prior approval from RBI. As such, these proposals should not be included in the annual branch expansion plan for our approval.

17.  Acquisition of Premises

(i)  Banks have all powers relating to hiring of premises, rentals, deposits / advances to premises owners, for acquisition of accommodation on lease / rental basis for their own use (i.e., for Office and Residence of Staff).

(ii)  Banks, while acquiring premises for opening of a branch, should ensure that the location of the branch complies with the local norms / laws of Municipal Corporation / Nagarpalika / Town area authority / Village Panchayat or any other competent authority.

18.  Population Group-wise Classification of Centres

(i)  For the purpose of correct classification of a centre (city / town / village) i.e. rural, semi urban, urban or metropolitan, the bank should mention the correct name of the revenue centre and not just the locality. For this purpose, clarification can also be obtained from the Block Development Officer, Village Panchayat, Tehsildar / Municipality or Municipal Corporation Office / Office of the District Collector or District Census Authority. Further, banks may also ascertain the population group-wise classification of the centre from the Department of Statistics and Information Management (DSIM), Reserve Bank of India, Banking Statistics Division, C-8/9, Bandra-Kurla Complex, Mumbai-400 051, before approaching DBOD CO with their annual branch expansion plan proposals.

(ii)  In the event of change in population category of a centre on account of re-allocation / reorganisation of villages / centres among districts or on account of amalgamation of towns / villages / areas, Head Offices / Corporate Offices of the banks should approach Department of Statistics and Information Management (DISM), Reserve Bank of India, Banking Statistics Division, C-8/9, Bandra-Kurla Complex, Mumbai-400 051, regarding changes / reclassification of centre / place / district etc. along with all relevant documents (Gazette notification etc.) received from the State Government / Municipal Corporation / Nagarpalika / Town area authority / Village Panchayat or any other competent authority evidencing the changes.

19.  Reporting to Reserve Bank of India

(a)  Reporting to Regional Offices / DBOD, CO

Banks should report details of opening of a new place of business including Mobile branch/ Mobile ATMs, closure, merger, shifting or conversion of any existing place of business immediately and in any case not later than two weeks after opening / closure / merger / shifting / conversion etc. to the Regional Office concerned of Reserve Bank of India, except in respect of branches in Maharashtra and Goa, which should be reported to DBOD, CO, Mumbai.

The banks should also report the details of opening, closure and shifting of call centres to the Regional Office concerned of Reserve Bank of India / DBOD, CO (in respect of call centres in Maharashtra & Goa).

Banks should submit within fourteen days of every quarter, information relating to opening, closure, merger, shifting and conversion of branches in Proformae I & II (Annex 14) to Department of Statistics and Information Management (Banking Statistics Division) and the Regional Office concerned of RBI / DBOD, CO. Further, information in respect of Authorised Dealer (AD) branches should be submitted on an on going basis. A 'Nil' statement must be submitted in case there is nothing to report. 

(c) Banks should report operationalization of Mobile branches/Offices and Mobile ATMs in the profarmae III & IV (Annex 14)

20.  Foreign Banks

The general permission granted to domestic scheduled commercial banks vide paragraph 3 (v) will not be applicable to foreign banks.

The Branch Authorisation Policy (paragraph 3 of this circular except 3(v)) would be applicable to foreign banks, subject to the following :

-  Foreign banks are required to bring an assigned capital of US$25 million upfront at the time of opening the first branch in India.

-  Existing foreign banks having only one branch would have to comply with the above requirement before their request for opening of second branch is considered.

-  Foreign banks will be required to submit their branch expansion plan on an annual basis.

• Foreign bank's and its group's track record of compliance and functioning in the global markets would be considered. Reports from home country supervisors will be sought, wherever necessary.

• Weightage would be given to even distribution of home countries of foreign banks having presence in India.

• The treatment extended to Indian banks in the home country of the applicant foreign bank would be considered.

• Due consideration would be given to the bilateral and diplomatic relations between India and the home country.

• The branch expansion of foreign banks would be considered keeping in view India's commitments at W.T.O. ATMs would not be included in the number of branches for such computation.

Accordingly, foreign banks should submit their annual branch expansion plan to the Department of Banking Operations and Development, International Banking Division, Central Office, Central Office Building (12th Floor), Shahid Bhagat Singh Marg, Mumbai - 400 001.

Annex 7

Name of the bank:-

Proposals for shifting of branches from one centre to another centre

# copy of minutes of the  DLCC/DCC approval , specifically mentioning reasons for shifting of the branch, should be enclosed.

Annex 8

Name of the bank: -

Proposals for merger of branches

• DCC approval is also required to be obtained for semi urban branches assigned responsibility under Government sponsored programme

# copy of minutes of the  DLCC/DCC approval , specifically mentioning reasons for merger  of the branch, should be enclosed.

Annex 9

Name of the bank:-

Proposals for closure of branches

• DCC approval is also required to be obtained for semi urban branches assigned responsibility under Government sponsored programme

# copy of minutes of the  DLCC/DCC approval , specifically mentioning reasons for closure  of the branch, should be enclosed.

Annex 10

Reporting format for opening of branches under general permission in Tier 3 to Tier 6 centres in terms of circular DBOD.No.BL.BC.65/22.01.001/2009-10 dated December 1, 2009

Annex 11

Reporting format for operationalisation of Off site ATMs by banks

Annex 12

Conditions subject to which Off-site ATMs can be operationalised by banks

(i) The business transacted at the Off-site ATM shall be recorded in the books of the respective branch/ base branch / Centralised Data Centre.

(ii) No person other than the security guard should be posted at such Off Site ATM centre.

(iii)Bank should make adequate stand - by arrangements for meeting the cash requirements of the ATM. 

(iv)The bank should ensure that only properly sorted and examined notes are put into circulation through the ATM.

(v) Third party advertisement on the ATM screens/Network, such as display of products of other manufacturers /dealers /vendors is not permitted.  However, there is no objection to banks utilizing the ATM screens for displaying their own products.

Annex 13

Facilities which can be provided through ATMs

Annex 15

A. Statement of operationalisation of mobile branches / offices to be submitted by banks to RBI as and when effected.

B. Statement of operationalisation of mobile ATMs to be submitted by banks to RBI as and when effected.

Appendix

List of Circulars consolidated by the Master Circular