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Currency undervaluation risks could undermine competitiveness and global trade, urging fiscal consolidation and infrastructure acceleration. The Financial Stability and Development Council will issue functioning guidelines and focused on sustaining India's growth by reducing the fiscal and current account deficit and fast tracking infrastructure; it noted likely export improvement with global recovery but warned that sovereign debt tensions, currency undervaluation and protectionist measures could undermine competitiveness and global trade.
Inclusive growth through skill development: institutional mission to scale vocational training and improve access to marginalized populations. The document commits to inclusive growth driven by a National Skill Development Mission implemented through a three tier institutional structure: a Prime Minister led National Council for policy direction, a Coordination Board to implement decisions, and a non profit National Skill Development Corporation funded by a National Skill Development Fund. NSDC is mandated to skill and upskill large cohorts, foster private sector initiatives, and establish Sector Skill Councils responsible for industry aligned curriculum, certification and accreditation, complemented by social schemes and delivery improvements to extend opportunities to marginalized and rural populations.
Inclusive growth: prioritise financial inclusion, governance reform and leadership to translate growth into broad based development. Sustaining and raising India's growth requires calibrated macroeconomic management to avoid overheating, mobilisation of capital and human capital investments to exploit demographic and urbanisation dividends, and three core policy imperatives: making growth more inclusive (health, education, skills, financial inclusion, food entitlement, asset creation), improving governance and delivery through faster project implementation and public-private partnerships, and fostering multi sectoral leadership to drive institutional reforms and broaden access to services.
Foreign Direct Investment policy consolidation advances predictability and sectoral consultations to refine entry and approval conditions. Consolidation and stakeholder consultation on Foreign Direct Investment policy were prioritised to simplify and make predictable the regulatory framework, with a consolidated semi annual circular issued and five Discussion Papers completed addressing FDI in defence, multi brand retail, foreign/technical collaborations for existing ventures, non cash share issuance, and FDI in limited liability partnerships to refine sectoral entry conditions and approvals.
Regulatory review of housing finance accounts confirms most were standard and prompts further supervisory scrutiny. The central bank reviewed fourteen housing finance accounts after receiving information from banks; thirteen were classified as standard, one was in default for reasons unconnected to the fraud, and the regulator reported no deviation from established banking norms while assigning its banking supervision department to conduct further detailed scrutiny.
Deposit rate increase by major lender improves fixed deposit returns across maturities, effective immediately following industry peers. State Bank of India implemented an across-the-board increase in deposit interest rates, effective the day after the announcement, raising returns on fixed deposits across multiple maturities. The revision aligns with contemporaneous rate actions by other lenders and follows regulatory encouragement to improve depositor yields; larger relative increases were applied to short-term term deposits while the maximum announced retail rate applies to long-term maturities.
Cross-border expansion: banks urged to cautiously pursue organic and inorganic growth to consolidate presence abroad. The central bank advised banks to cautiously expand their global footprint through both organic and inorganic growth, urging larger banks to pursue opportunistic consolidation and acquisitions abroad while applying prudent risk assessment and selectively targeting regions that present attractive opportunities.
Unauthorized deposit taking: only authorised NBFCs on the official list may accept deposits; unlawful collectors face enforcement action. Only NBFCs listed on the published official list are authorised to accept deposits; entities outside that list claiming RBI approval or collecting monies are acting unlawfully and should be reported to law enforcement. Complaints about unauthorised acceptance of monies and money circulation schemes should be referred to the Economic Offences Wing of the concerned State Government; money circulation schemes are prohibited and subject to State enforcement.
Commercial communication restrictions: night-time ban plus customer-controlled opt-in/opt-out, mandatory registration, scrubbing and penalties for telemarketers. Regulations create a customer-controlled regime allowing either full blocking or restricted category-based receipt of commercial communications, with simplified toll-free registration and immediate activation; telemarketers must register and use a dedicated numbering series and SMS headers. The rules require two-stage scrubbing-telemarketer-side data cleansing and service-provider filtering-provide for transactional-message exemptions, impose graduated penalties and blacklisting for repeat default, limit daily messaging packages, and mandate a night-time prohibition on commercial communications.
Liquidity injection: RBI allowing banks to borrow despite shortfalls in government securities holdings, easing temporary cash crunch. RBI authorised temporary lending through the Liquidity Adjustment Facility to inject liquidity, permitting banks to borrow from the central bank despite a limited shortfall in the statutory government securities holding requirement, and will conduct special LAF operations as necessary to address the cash crunch caused by concentrated primary market activity and seasonal credit demand.
Electronic funds transfer permitted for court-directed deposit by international transaction, and hearing adjourned to a later date. The Supreme Court permitted a court-directed deposit to be made by electronic funds transfer rather than by bank draft, accepting international banking channels for transmission and recognising wire transfer as an acceptable form of payment to the registry. The bench also postponed the scheduled hearing at counsel's request to accommodate the alternative payment mechanism and the logistics of cross-border remittance.
Interbank mobile payments enabled across member banks; switching charges later imposed on member banks while customer fees remain discretionary. NPCI operates an Interbank Mobile Payment Service allowing interbank mobile remittances through member banks; banks must obtain RBI authorization and IMPS membership. NPCI will waive switching charges to members until the stated date, after which a per-transaction switching fee will be levied on member banks. Member banks may impose customer fees per their policy but initially provided the service free.
Banking licence expansion: consultation on additional private sector bank licences and forthcoming licensing guidelines process The Reserve Bank of India reviewed international practices and past licensing experience, issued a discussion paper to invite public and stakeholder comments, held stakeholder consultations, and is examining the feedback before issuing final guidelines governing the grant of additional private sector banking licences.
Cash handling charges allowed when banks ensure cost based, reasonable fees with prior customer notice and board transparency. Banks may impose cash handling charges for certain deposits, provided charges are cost based, reasonable, and not punitive to low activity customers; customers must be informed one month before changes. Currency chest banks may levy a packet handling charge for deposits from non currency chest branches and must adopt a transparent, board approved policy governing such charges.
Regulation of microfinance interest rates: review and proposals to ensure reasonable charges and oversight by regulators The Reserve Bank of India does not set microfinance interest rates but requires NBFCs to implement a Fair Practice Code forbidding exorbitant charges and harsh recovery; public sector banks were asked to ensure MFIs charge beneficiaries reasonable rates and avoid ever greening. RBI has formed a Central Board Sub Committee under Shri Y.H. Malegam to review sector issues, including making rates reasonable, and the Department of Financial Services proposes the Micro Finance (Development & Regulation) Bill, 2010 informed by those recommendations.
Financial Sector Reform: establishment of apex council and law reform commission to strengthen financial stability and prudential duties. The government will establish an apex-level Financial Stability and Development Council to institutionalize mechanisms for financial stability and a Financial Sector Legislative Reforms Commission to rewrite and clean up financial sector laws. Banks are directed to manage asset-liability mismatches prudently, employ credit enhancement and take out financing for long term funds, augment capital, and meet additional provisioning norms to guard against deterioration in asset quality. The policy also prioritises cost effective financial inclusion measures and expanded banking outreach.
Economic growth projection: India forecast as the fastest growing major economy and rising among top global GDP contributors. A global banking study projects India's rapid economic expansion, forecasting it to become the world's fastest growing major economy within a short horizon and to rise to one of the largest economies by GDP over the next two decades, increasing its share of global GDP substantially while China remains the largest contributor.
Monetary policy tightening: modest rate increases to tighten liquidity while SLR and CRR remain unchanged to support growth and inflation control. The Finance Minister noted the RBI kept the Statutory Liquidity Ratio and Cash Reserve Ratio unchanged, modestly raised the repo and reverse repo rates to create measured monetary tightening, anticipated a small short run growth impact but expected medium to long term support for growth and inflation management, and characterised a recent liquidity shortage as temporary and linked to an oversubscribed public offering.
Service tax on financial leasing upheld as within Parliament's legislative competence under the Union List entry. Parliament may impose service tax on financial leasing services, including equipment leasing and hire-purchase, and the imposition on the value of taxable services provided as financial leasing falls within Parliament's legislative competence under the Union List entry; amendments to extend the Finance Act's service taxation to leasing and hire-purchase transactions are valid exercises of parliamentary power.
Consumer protection in credit card operations: enforceable guidelines allow regulatory penalties and ombudsman compensation for complainants. Institutions offering credit card services must adopt a Fair Practice Code and comply with the Reserve Bank's Master Circular on interest, service charges, billing dispute resolution, liabilities and customer protection. Banks and NBFCs may set rates and charges but remain subject to the Circular's supervisory framework; non-compliance can result in regulatory action including monetary penalties. Consumer redress is available under the Banking Ombudsman Scheme, which allows compensation for time loss, expenses, harassment and mental anguish arising from credit card complaints.
TRAI Issues Unsolicited Commercial Communications Regulations, 2010 Regulations to take effect from 1st January, 2011 - No Commercial Communication between 9.00 PM To 9.00 AM
December 1, 2010
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The Telecom Regulatory Authority of India (TRAI) today issued "The Telecom Commercial Communications Customer Preference Regulations, 2010". This Regulation covers both Commercial calls as well as SMSs. It will be effective from 1st January, 2011.
It may be recalled that in June 2007, TRAI had notified the Telecom Unsolicited Commercial Communications Regulations, 2007. Despite various measures taken by the Authority for curbing Unsolicited Commercial Communications, dissatisfaction on this account among telecom consumers continues. Although the number of unsolicited commercial voice calls had decreased to some extent, the number of unsolicited SMS had increased significantly causing inconvenience to telecom customers.
In order to find a solution to this problem, TRAI initiated consultation process in May 2010. After extensive discussions with all stakeholders, TRAI has today issued "The Telecom Commercial Communications Customer Preference Regulations 2010".
Unlike the previous Regulations which provided only for a Do Not Call Registry, the Regulations issued today provide a wide choice to the customer. He may choose to be under the 'fully blocked' category which is akin to the Do Not Call Registry under the previous Regulations or he may choose the 'partially blocked' category, in which case he will receive SMSs in the category/categories chosen by him. There are seven categories from which the customer can choose - 1.Banking/Insurance/Financial products/credit cards; 2- Real Estate; 3.Education; 4.Health; 5.Consumer goods and automobiles; 6.Communication/Broadcasting/Entertainment/IT; 7-Tourism and Leisure. Wherever the customer is in the 'partially blocked' category, he shall not get any commercial calls. The 'partially blocked' category is like a Do Call Registry. Thus, the customer can either choose his categories (Do Call), or choose to be under the fully blocked category (Do not Call) or not to register at all.
Customer registration will be effective within seven days of registration unlike in the past when it used to be 45 days. The customer can register by ringing up 1909 or sending SMS to 1909. This service will be toll free and the customer will be given a Registration number. Customer currently on the NDNC register will continue to be registered under the 'fully blocked' category and need no re-registration.
The procedure for registration of telemarketers with TRAI has also been simplified. All telemarketers now have the facility of registering online. They can also make payment of the necessary fees either online or offline. The registration will be immediate on payment of registration fee. Telemarketers currently registered with DOT should reregister.
The scrubbing of numbers which used to be done by a centralised agency earlier, causing delays and other difficulties, has now been replaced by a system where telemarketers are required to scrub the data before sending the SMSs/making the calls through their service providers' network. In addition, it has also been made mandatory for the service providers to filter the data. This two-stage screening is designed to stop any unsolicited calls/SMS.
The defaulting telemarketers will be liable to pay heavy penalties. The telemarketers are required to enter into an agreement with the service provider before they get telecom resources. As part of the agreement, the telemarketers are required to commit that the following amounts would be deducted from the security offered by them.
First offence Rs. 25,000/-; Second offence, 75,000/-; Third offence Rs. 80,000/-; Fourth offence Rs.1,20,000/-; Fifth offence Rs. 1,50,000/-; and Sixth offence Rs.2,50,000/-. The Service Providers are required to deduct these amounts and deposit the same with TRAI. In addition to being liable for deduction of security as indicated above, the telemarketer will be blacklisted on commission of the sixth offence. The telecom resources of the blacklisted telemarketer will be disconnected by all the service providers and will not be restored for a period of two years.
The Regulations also provide for an aggrieved customer to lodge complaint with his service provider who is required to take appropriate action and inform the customer of the action taken within seven days.
Concerns have been expressed about the telemarketing calls/SMSs from unregistered telemarketers, who can be any of the 700 million subscribers. With a simpler registration process, it is expected that all telemarketers will register themselves with TRAI. Nevertheless, in order to minimise such instances, the Regulations provide that no service provider shall provide packages containing more than 100 SMS per day. The Regulations also provide that in the event of such an Unsolicited Commercial Communication (from an unregistered ordinary subscriber) he will be warned on the first offence and his telephone disconnected on commission of the second offence.
TRAI also expects that all industry and services associations will impress upon their members not to utilise the services of unregistered telemarketers.
In order to facilitate communication between agencies having commercial transactions with their clients, the Regulation provide for transactional messages to be exempt. Transactional messages are typically from banks/insurance companies or telecom service providers giving information relating to their customers' accounts, or from airlines/railways to their passengers regarding flight/train schedules, or from educational institutions to the parents. Transactional messages will however be only in the form of SMSs and that too restricted to relevant information. Promotional content in transactional messages will not be permitted.
A separate numbering series 70XXXXXXXX will be allocated for telemarketers, so that all telemarketing calls can be easily identified. Any call that comes from any number beginning with 70 will be a commercial call and the customer has the choice of receiving or not receiving the call. Therefore, even a customer who chooses not to register at all, has a choice. Likewise, a unique SMS header has been mandated for easy identification of commercial SMSs.
The Regulations mandate that no commercial communication, even for unregistered customers, shall be sent between 9.00 PM to 9.00 AM, so as not to disturb the customers at night.
Commercial communication restrictions: night-time ban plus customer-controlled opt-in/opt-out, mandatory registration, scrubbing and penalties for telemarketers.
Regulations create a customer-controlled regime allowing either full blocking or restricted category-based receipt of commercial communications, with simplified toll-free registration and immediate activation; telemarketers must register and use a dedicated numbering series and SMS headers. The rules require two-stage scrubbing-telemarketer-side data cleansing and service-provider filtering-provide for transactional-message exemptions, impose graduated penalties and blacklisting for repeat default, limit daily messaging packages, and mandate a night-time prohibition on commercial communications.
Note: It is a system-generated summary and is for quick reference only.
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