SECTION – I: INTRODUCTION
Introduction
1.1 Reserve Bank of India has introduced
a system called 'The Reserve Bank of India Special Electronic Funds Transfer
System' which may be referred to as 'SEFT System' or 'System' and shall include
the set of procedural guidelines detailed hereunder, for participating banks
and institutions with the required system of computer and communication network
through which funds transfer operation would take place.
Objects
1.2 The objects of the SEFT System are:
(1) to establish an Electronic Funds Transfer
System to facilitate an efficient, secure, economical, reliable and expeditious
system of funds transfer and clearing in the banking sector throughout
India, and
(2) to relieve the stress on the existing
paper based funds transfer and clearing system.
Coverage
1.3 Initially, the System would cover branches
of banks as indicated by Reserve Bank of India. To facilitate quick transfer
of SEFT messages, it is essential that only networked branches of banks are
part of the systems. Banks' own networks could be used for inter-branch communication.
SECTION - 2: DEFINITIONS
2.1 In these Procedural Guidelines, unless
the context otherwise requires:
(a) 'Acceptance' means execution of payment
order.
(b) 'Bank' means a banking company as defined
in Section 5 of the Banking Regulation Act, 1949, and includes the State Bank
of India, constituted by the State Bank of India Act, 1955, a Subsidiary Bank
constituted under the State Bank of India (Subsidiary-Banks) Act, 1959, a Corresponding
new bank constituted under the Banking Companies (Acquisition and Transfer of
Under-taking) Act, 1980, a co-operative bank, as defined in Section 56 of part
V of the Banking Regulation Act, 1949 and such other banks as may be specified
from time to time.
(c) 'Beneficiary' means the person designated
as such, and to whose account payment is directed to be made in a payment order.
(d) 'Beneficiary bank' means the branch of
the bank identified in a payment order in which the account of the beneficiary
is to be credited.
(e) 'SEFT' means Special Electronic Funds
Transfer.
(f) 'SEFT Centre' means any office designated
by the Nodal Department in each of the centres to which SEFT system is extended,
for receiving, processing and sending the SEFT data file and the debiting and
crediting of accounts of the participating banks and institutions for settlement
of payment obligations or one or more of these functions. National Clearing
Cell, Nariman Point, Mumbai is being designed as the SEFT centre for purposes
of the SEFT System.
(g) 'SEFT Data File' means an electronic
data file of a batch of payment orders for funds transfers, processed and consolidated
in the manner specified for transmission of consolidated payment orders and
communications concerning payment orders from SEFT service branch to the SEFT
centre.
(h) 'SEFT Service Branch' means an office
or branch of a bank in a centre designated by that bank to be responsible for
processing, sending or receiving SEFT data file of that bank in that Centre
and to do all other functions entrusted to an SEFT service branch by or under
these Regulations. SEFT Service Branch is referred to as 'Sending SEFT Service
Branch' when it originates an SEFT Data File for Funds Transfer. SEFT Service
Branch is referred to as 'Receiving SEFT Service Branch' when it receives SEFT
Data File from SEFT Centre.
(i) 'SEFT System' means the Special Electronic
Funds Transfer System established by these Regulations for carrying out inter
bank and intra-bank funds transfers within India, and providing for settlement
of payment obligations arising out of such funds transfers, between participating
banks.
(j) 'Execution' of a payment order in relation
to a sending bank means the transmission or sending of the payment order by
it to the SEFT Service Branch; in relation to a Service branch it means transmission
of the consolidated payment order in the encrypted SEFT data file to the SEFT
centre.
(k) 'Funds Transfer' means the series of
transactions beginning with the issue of originator's payment order to the sending
bank and completed by acceptance of payment order by the beneficiary's bank
for the purpose of making payment to the beneficiary of the order.
(l) 'Nodal Department' means the Department
of Information Technology of Reserve Bank which is responsible for implementation,
administration and supervision of the SEFT System.
(m) 'Notified' means communicated electronically
or in writing.
(n) 'Originator' means the person who issues
a payment order to the sending bank.
(o) 'Participating Bank'; means a bank
admitted for participating into the SEFT System pursuant to Paragraph 3.1 of
these Guidelines and who’s Letter of Admission has not been cancelled.
(p) 'Payment Order' means an unconditional
instruction issued by an originator in writing or transmitted electronically
to a sending bank to effect a funds transfer for a certain sum of money expressed
in Indian rupees, to the designated account of a designated beneficiary by debiting
correspondingly an account of the originator.
(q) 'Public Sector Bank' means State Bank
of India, constituted by the State Bank of India Act, 1955, subsidiary Banks
constituted under the State Bank of India (Subsidiary Banks Act, 1959, the banks
constituted under Section 3 of the Banking Companies (Acquisition an Transfer
of undertaking) Act, 1970 and the Banks constituted under Section 3 of the Banking
Companies (Acquisition and Transfer of Undertaking) Act, 1980.
(r) 'Reserve Bank' means the Reserve Bank
of India established under the Reserve Bank of India Act, 1934 (2 of 1934).
(s) 'Security Procedure' means the set of
procedural guidelines at Paragraphs under the Sections of these Guidelines for
the purpose of:
(i) verifying that a payment order,
a communication authorising a payment order or an SEFT Data Fie is authorised
by the person from whom it purports to be authorised; and
(ii) for detecting error in the transmission
or the content of a payment order, a communication or an SEFT Data File.
(t) 'Sending bank' means the branch of a
bank, maintaining an account of and to which payment order is issued by the
originator. When the originator is a participating institution, reference to
sending bank shall be construed as referring to the SEFT centre.
(u) 'Settlement Account' means an account
maintained by a participating bank or institution for the purpose of settlement
of payment obligations under SEFT Systems
(v) 'Valid Reasons of Non-payment' are the
reasons listed as under due to which beneficiary bank fails to or cannot make
payment to the beneficiary. Some illustrative reasons are:
a) Beneficiary not having an account
with the beneficiary bank
b) Account Number or account name
indicated in the payment order not matching with the number or name
as recorded at the beneficiary bank.
c) Dislocation of work due to circumstances
beyond the control of the beneficiary bank such as earth quake, fire
etc. at the place where the beneficiary's account details are maintained
etc.
d) Any other valid reason preventing
passage of the credit – such as a court order restraining operations on
the beneficiary’s account.
SECTION - 3: PARTICIPANTS
Admission necessary for participation
3.1 No persons shall be entitled to effect
a funds transfer in the SEFT System, unless the sending bank and the beneficiary
bank is admitted for participation in the SEFT System. Whenever the branch of
a bank appears in the list of branches offering SEFT Services on the designated
website that branch is deemed to have been admitted under SEFT System.
Eligibility for admission as a participant
3.2 To be eligible to apply for admission,
an applicant must
1. be a bank.
2. have attained and continues to comply
with capital adequacy norms, if any, applicable to it.
3. is willing and able to comply with the
technical and operational requirements of SEFT System,
4. be approved by the Reserve Bank as eligible
to maintain a settlement account with it.
Provided that, having regard to the pattern
of ownership and such other relevant factors, all or any of the above conditions
may be relaxed or dispensed with, if so decided by the Reserve Bank of India.
All members of the Electronic Funds Transfer
(SEFT) system are automatically eligible to become members of the SEFT.
Procedure for Admission
3.3 Any bank or institution eligible to be
admitted in the SEFT System may submit to the Nodal Department, duly authenticated
application, containing full particulars in the form specified at Annexure-I
(Form: SFT-IA). Every application shall be accompanied by an undertaking in
the specified form to abide by the Procedural Guidelines in the event of admission.
3.4 The Nodal Department shall issue Letter
of Admission as specified in Annexure-II (Form: SFT-IB) to every bank admitted
into the SEFT System.
3.5 A directory of participating banks shall
be prepared from time to time and would be available through the RBI website.
Suspension
3.6 If a participating bank has defaulted
in meeting its settlement obligations or paying any charges or fees or complying
with any procedural guidelines or for any reasons specified at paragraph 3.15,
the Letter of Admission issued to it is liable to be kept under suspension for
such period as may be specified in the order of suspension.
3.7 Every order of suspension shall be notified
immediately to all the participating banks and institutions including a bank
or institution against which the order of suspension is passed.
3.8 An order of suspension may be reviewed
and may be revoked at any time by the Governor, Reserve Bank of India upon representation
received from the concerned bank or on his own. Every revocation shall be notified
immediately to all participating banks.
3.9 A participating bank shall not, while
any order of suspension is in force against it, be entitled to send or receive
any SEFT data file 2`or otherwise to effect any funds transfer in the SEFT System.
Provided that a suspension shall not affect
the obligations of the suspended bank or institution, whether incurred before
or after the suspension.
Withdrawal
3.10 Any participating bank or institution
may, by giving a notice of one month, withdraw from the SEFT System.
3.11 No notice under this Regulation shall
be effective unless it is given in writing and before the expiry of one month
from the date of receipt of notice by the Nodal Department.
3.12 Notwithstanding its withdrawal, a bank
shall discharge all its payment obligations arising out of fund transfers attributable
to it, whether effected before or after the withdrawal became effective.
3.13 The withdrawal of any participating
bank shall be notified to all the participating banks.
Cancellation of Letter of Admission
3.14 A Letter of admission issued to any
bank may be cancelled by the Reserve Bank on its being satisfied that such bank
has -
i) defaulted in complying with any Regulations
or procedural guidelines issued thereunder from time to time.
ii) been placed under an order of moratorium
or an order prohibiting acceptance of fresh deposits or an order of winding
up or in respect of which a provisional liquidator has been appointed.
iii) stopped or suspended payment of its
debts.
iv) failed to get the order of suspension
passed against it under Regulation 8 revoked within a period of three
months from the date of order of suspension.
v) has conducted its transactions in the
SEFT System in a manner prejudicial to the interest, integrity or efficiency
of the System.
3.15 No order of cancellation shall be passed
without first giving an opportunity of hearing to the bank concerned.
3.16 Every order of cancellation shall be
notified to the respective bank and also to all other participating banks in
the SEFT System.
3.17 Notwithstanding the order of cancellation
of Letter of Admission passed against it, such bank discharge all its payment
obligations arising out of the funds transfers effected in the SEFT System.
SECTION - 4 :SEFT - PROCESS FLOW
4.1 The parties to a funds transfer under
this SEFT System are the sending bank, the sending service branch, the SEFT
centre, the receiving service branch and the beneficiary branch.
Request for SEFT by bank customer
4.2 A bank customer (i.e. sender or originator)
willing to avail of the remittance facilities offered by a sending bank shall
submit an 'SEFT Application Form' authorising the sending bank to debit the
sender's account and transfer funds to the beneficiary specified in the SEFT
Application Form.
4.3 Each participating bank/institution may
design the format of 'SEFT Application Form'. A model SEFT Application form
is given at Annexure-III (Form: SFT-2A).
4.4 The sender's request for transfer of
funds shall contain no condition other than date on which funds transfer process
should be initiated.
4.5 The relationship between the customer
(i.e. sender) and the sending bank will be governed by an Agreement to be executed
between them. The Agreement shall govern every payment order issued by the customer
during the period of validity of the Agreement. A Model Customer Agreement is
given at Annexure-IV (Form-2B).
4.6 The value of each SEFT transactions shall
be for whole rupees only. This stipulation may be clearly indicated on the SEFT
Application Form.
4.7 The is no upper value limit for putting
through an individual SEFT transaction.
4.8 A transaction within the SEFT system
will be said to have been initiated when the sending bank accepts a payment
order issued by the sender by issuing a 'receipt' indicating the date of initiating
funds transfer operation and the likely date on which the beneficiary bank may
make payment to the beneficiary.
4.9 If in a single payment instruction, the
sender directs payments to several beneficiaries, each payment direction shall
be treated as a separate payment order.
4.10 A bank branch may reject a customer's
request for funds transfer when, in the opinion of the remitting branch,
i) the customer has not placed funds
at the disposal of the sending bank; or funds placed is not adequate to
cover the sum to be remitted and the service charge; or
ii) the beneficiary details given in
the SEFT Application form are not adequate to identify beneficiary by the
beneficiary bank. The essential elements of beneficiary's identification
are :
Beneficiary's Name : ]
Centre name : ]
Beneficiary Bank Name : ] could be
codified also
Beneficiary branch Name : ]
Beneficiary's Account Type :
Beneficiary's Account No. :
4.11 the sending bank shall prominently display
at its premises the cutoff time schedules up to which shall receive the SEFT
Application Forms from its customers for different settlements.
SEFT Scroll
4.12 The sending bank would consolidate the
applications received till the cutoff time and forward the SEFT data to the
service branch via the network.
Data Entry at Sending SEFT Service Branch
4.13 The sending SEFT service branch shall
prepare SEFT Data File by using the software package supplied by the Nodal
Department (NCC, Nariman Point, Mumbai). Control procedure should be developed
by the sending bank to ensure accuracy in data entry with reference to the
data elements furnished in SEFT file. After SEFT Data File is consolidated
from various branches, the Service Branch should generate consolidated SEFT
file and transmit the same to the SEFT centre. There shall be only one service
branch per each bank.
National Clearing Cell (NCC) to function as
SEFT Centre
4.14 The National Clearing Cell (NCC), of
the RBI at Free Press House, Nariman Point, Mumbai will be the data processing
'SEFT Centre'.
Transmission/Submission of SEFT Data File to
the SEFT centre
4.15 The remitting service branch shall transmit
the SEFT Data File to the SEFT centre by using the communication network designated
by Reserve Bank.
4.16 The data files would be transmitted
to National Clearing Centre in such a manner that they reach well before the
settlement zones to be notified by the Nodal Department. Two settlements would
be conducted at 10.30 am and 3 pm on week days and 10.30 am on Saturdays.
Receiving NCC transmitting NCC Data File to
the beneficiary banks
4.17 After consolidating all SEFT Data Files
received from the participants the NCC shall process the data and generate the
settlement of each beneficiary bank which has at least one inward remittance
transaction on an NCC Data File.
4.18 NCC Data files generated for the banks
will be available in the secure website and each bank needs to download the
file immediately after the conclusion of each settlement zone.
Data validation at receiving SEFT Service Branch
4.19 On receipt of the NCC Data File, the
receiving SEFT service branch shall first validate the file using the validation
routine provided in the SEFT package. Apart from the validation with reference
to the encryption key exchange with local NCC and checksum total for the entire
file, the package would validate the individual records as well.
Payment to beneficiary by the beneficiary bank
4.20 The service branch should transmit the
branch wise data immediately on receipt from National Clearing Centre to the
beneficiary branches.
4.21 The beneficiary branches would make
payment to the beneficiaries instantly on the same day by crediting the specified
account of the beneficiary or otherwise placing funds at the disposal of the
beneficiary.
Revocation of Payment Order
4.22 A payment order issued for execution
shall become irrevocable when it is executed by the sending bank. Any revocation,
after the payment order is executed by the sending bank shall not be binding
on any other party in the SEFT system.
Acknowledgement by the beneficiary bank
4.23 No acknowledgements are envisaged under
SEFT Scheme. A message, which is not returned unaffected before the next
settlement zone is treated to have been completed and credited afforded
to the beneficiary's account by the beneficiary branch. It is therefore vital
that unaffected credits are re-transmitted back as fresh SEFT transactions at
the immediate next settlement itself.
Sender to be advised in case of refund
4.24 If the beneficiary specified in the
sender's payment order fails to get payment through the SEFT system for some
valid reasons, the sender shall be informed immediately after the sending bank
gets the returned SEFT. The sending bank shall also arrange to make payment
to the sender by crediting the account of the sender or otherwise placing funds
at the disposal of the sender.
Beneficiary bank to advise the Beneficiary of
the payment
4.25 After crediting the account of the beneficiary,
the beneficiary bank shall advise the beneficiary of the payments made. The
Statement of account/Pass Book entry or any online messaging system shall indicate
briefly the source of funds as well.
4.26 The sender/originator shall be entitled
to claim compensation from the sending bank for the period of delay in the completion
of funds transfer, and/or any other penalty which may be levied / decided by
RBI
4.27 In case of holiday at beneficiary branch.
They have to effect the credit as on the same day or latest at commencement
of business on the next working day.
SECTION - 5: INTER-BANK SETTLEMENT
Inter-bank Funds Settlement at Reserve Bank
5.1 Every participating bank and admitted
institution shall open and maintain in the SEFT centre, Mumbai, a settlement
account for settlement of payment obligations arising under the funds transfer
executed under the SEFT system.
SECTION - 6: RIGHTS AND OBLIGATIONS
General rights and obligations of participating
banks or institutions
6.1 Every participating bank or institution
admitted in the SEFT System shall, subject to compliance with the procedural
guidelines, be entitled to execute any payment order for Funds Transfer to a
beneficiary of the payment order, issued or accepted by it.
6.2 Every participating bank or institution
shall maintain the security, integrity and efficiency of the System.
Obligations of sending bank
6.3 The sending bank shall not execute a
payment order without complying with the security procedure. No payment order
shall be accepted for execution in the SEFT System if the beneficiary's bank
/ branch is not a participating bank or institution.
6.4 The sending bank shall be responsible
for the accuracy of the name of the beneficiary, the nature and style of the
account and account number of the beneficiary, the name of the beneficiary's
bank and the authenticity of every payment order executed by it.
6.5 The sending bank shall bear the liability
for loss if any caused to any participant in the SEFT System on account of the
acceptance by it of any revocation of a payment order after it has executed
it.
6.6 The sending bank shall not be entitled
to bind any other participants in the SEFT System with any 'special circumstances'
attached to a payment order accepted by it.
6.7 The sending bank shall maintain duly
authenticated record of all payment orders executed by it for a period for which
bank records are required to be preserved under the applicable rules.
6.8 The sending bank shall, upon completion
of funds transfer of a payment order, furnish to the originator on request by
him, a duly authenticated record of the transaction.
Obligations of the sending SEFT Service Branch
6.9 The sending SEFT Service Branch shall
be responsible for the accuracy of the contents of SEFT data file and the authenticity
of the payment orders contained therein as received by the SEFT Centre in compliance
with the security procedures.
6.10 The sending SEFT Service Branch shall
be responsible for settlement of all payment obligations in regard to payment
orders executed by it.
6.11 The sending SEFT Service Branch shall
be responsible for ensuring execution of the SEFT data file complying with security
procedures and time schedule.
6.12 The sending SEFT Service Branch shall
ensure, before execution of any SEFT Data File that the balance in its settlement
account are adequate to cover its settlement obligation and ensure that the
ceiling, if any, specified for it is not exceeded and the requirement of collateral
if specified by the Nodal Department is adequate for execution of the SEFT data
file originated by it.
6.13 The sending SEFT Service Branch shall
generate, dispatch and maintain records of transaction in accordance with procedure
specified.
Obligations of SEFT Centre
6.14 Receiving SEFT Centre shall be responsible
for receiving and processing the Data Files complying with the security procedure
and time schedule specified for the purpose.
6.15 The SEFT Centre shall in compliance
with time schedule and security procedure, process and sort out the Data File
bank-wise and after crediting the settlement accounts with the corresponding
value, transmit the NCC Data Files to the respective receiving SEFT Service
Branches.
6.16 The SEFT Centre shall generate, dispatch
and maintain records of transactions, in accordance with the procedure specified.
Obligations of the Receiving SEFT Service Branch
6.17 Receiving SEFT Service Branch shall
be responsible for receiving NCC Data File from the receiving SEFT Centre in
accordance with procedure specified.
6.18 Receiving SEFT Service Branch shall
process the NCC Data File in compliance with the security procedure and sort-out
the payment orders into branch wise lots and transmit to the respective branches
the payment orders for execution in accordance with the time schedule and in
compliance with the security procedure.
6.19 Receiving SEFT Service Branch shall
generate, dispatch and maintain records of transaction accordance with the procedure
specified.
Rights and obligation of beneficiary bank
6.20 The beneficiary bank shall execute the
payment order on the SEFT working day on which the payment order is received
by it unless it notices one or more of the following deficiencies.
a) The beneficiary specified in the payment
order has no account or the account of the beneficiary maintained by the
beneficiary's bank does not tally with the account specified in the payment
order.
b) The beneficiary bank is prevented by
instructions of the beneficiary not to give or receive any credit to the
account.
c) The account designated in the payment
order is closed.
6.21 The beneficiary bank may reject a payment
order on one or more of the grounds mentioned in Clause (a) above. The beneficiary
bank shall notify, in the manner specified, the sending bank of the rejection
of the payment order along with the reasons thereof in the next settlement.
Processing charges:
No charge shall be levied by the SEFT centre
for SEFT processing till March 31, 2006.