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The central bank of any country is usually the driving force in the development of
national payment systems. The Reserve Bank of India as the central bank of India has
been playing this developmental role and has taken several initiatives for Safe, Secure,
Sound, Efficient, Accessible and Authorised payment systems in the country.
The Board for Regulation and Supervision of Payment and Settlement Systems (BPSS), a
sub-committee of the Central Board of the Reserve Bank of India is the highest policy
making body on payment systems in the country. The BPSS is empowered for
authorising, prescribing policies and setting standards for regulating and supervising all
the payment and settlement systems in the country. The Department of Payment and
Settlement Systems of the Reserve Bank of India serves as the Secretariat to the Board
and executes its directions.
In India, the payment and settlement systems are regulated by the Payment and
Settlement Systems Act, 2007 (PSS Act) which was legislated in December 2007. The
PSS Act as well as the Payment and Settlement System Regulations, 2008 framed
thereunder came into effect from August 12, 2008. In terms of Section 4 of the PSS Act,
no person other than the Reserve Bank of India (RBI) can commence or operate a
payment system in India unless authorised by RBI. Reserve Bank has since authorised
payment system operators of pre-paid payment instruments, card schemes, cross-border
in-bound money transfers, Automated Teller Machine (ATM) networks and centralised
clearing arrangements. (http://www.rbi.org.in/Scripts/PublicationsView.aspx?id=12043)
Payment Systems
The Reserve Bank has taken many initiatives towards introducing and upgrading safe and
efficient modes of payment systems in the country to meet the requirements of the public
at large. The dominant features of large geographic spread of the country and the vast
network of branches of the Indian banking system require the logistics of collection and
delivery of paper instruments. These aspects of the banking structure in the country have
always been kept in mind while developing the payment systems.
Paper-based Payments
Use of paper-based instruments (like cheques, drafts, and the like) accounts for nearly
60% of the volume of total non-cash transactions in the country. In value terms, the share
is presently around 11%. This share has been steadily decreasing over a period of time
and electronic mode gained popularity due to the concerted efforts of Reserve Bank of
India to popularize the electronic payment products in preference to cash and cheques.
Since paper based payments occupy an important place in the country, Reserve Bank had
introduced Magnetic Ink Character Recognition (MICR) technology for speeding up and
bringing in efficiency in processing of cheques.
Later, a separate High Value Clearing was introduced for clearing cheques of value
Rupees one lakh and above. This clearing was available at select large centres in the
country (since discontinued). Recent developments in paper-based instruments include
launch of Speed Clearing (for local clearance of outstation cheques drawn on core-
banking enabled branches of banks), introduction of cheque truncation system (to restrict
physical movement of cheques and enable use of images for payment processing),
framing CTS-2010 Standards (for enhancing the security features on cheque forms) and
the like.
While the overall thrust is to reduce the use of paper for transactions, given the fact that it
would take some time to completely move to the electronic mode, the intention is to
reduce the movement of paper – both for local and outstation clearance of cheques.
Electronic Payments
The initiatives taken by RBI in the mid-eighties and early-nineties focused on
technology-based solutions for the improvement of the payment and settlement system
infrastructure, coupled with the introduction of new payment products by taking
advantage of the technological advancements in banks. The continued increase in the
volume of cheques added pressure on the existing set-up, thus necessitating a cost-
effective alternative system.
Electronic Clearing Service (ECS) Credit
The Bank introduced the ECS (Credit) scheme during the 1990s to handle bulk and
repetitive payment requirements (like salary, interest, dividend payments) of corporates
and other institutions. ECS (Credit) facilitates customer accounts to be credited on the
specified value date and is presently available at all major cities in the country.
During September 2008, the Bank launched a new service known as National Electronic
Clearing Service (NECS), at National Clearing Cell (NCC), Mumbai. NECS (Credit)
facilitates multiple credits to beneficiary accounts with destination branches across the
country against a single debit of the account of the sponsor bank. The system has a pan-
India characteristic and leverages on Core Banking Solutions (CBS) of member banks,
facilitating all CBS bank branches to participate in the system, irrespective of their
location across the country.
Regional ECS (RECS)
Next to NECS, RECS has been launched during the year 2009.RECS, a miniature of the
NECS is confined to the bank branches within the jurisdiction of a Regional office of
RBI. Under the system, the sponsor bank will upload the validated data through the
Secured Web Server of RBI containing credit/debit instructions to the customers of CBS
enabled bank branches spread across the Jurisdiction of the Regional office of RBI. The
RECS centre will process the data, arrive at the settlement, generate destination bank
wise data/reports and make available the data/reports through secured web-server to
facilitate the destination bank branches to afford credit/debit to the accounts of
beneficiaries by leveraging the CBS technology put in place by the bank. Presently RECS
is available in Ahmedabad, Bengaluru, Chennai and Kolkata
Electronic Clearing Service (ECS) Debit
The ECS (Debit) Scheme was introduced by RBI to provide a faster method of effecting
periodic and repetitive collections of utility companies. ECS (Debit) facilitates consumers
/ subscribers of utility companies to make routine and repetitive payments by ‘mandating’
bank branches to debit their accounts and pass on the money to the companies. This
tremendously minimises use of paper instruments apart from improving process
efficiency and customer satisfaction. There is no limit as to the minimum or maximum
amount of payment. This is also available across major cities in the country.
Electronic Funds Transfer (EFT)
This retail funds transfer system introduced in the late 1990s enabled an account holder
of a bank to electronically transfer funds to another account holder with any other
participating bank. Available across 15 major centers in the country, this system is no
longer available for use by the general public, for whose benefit a feature-rich and more
efficient system is now in place, which is the National Electronic Funds Transfer (NEFT)
system.
National Electronic Funds Transfer (NEFT) System
In November 2005, a more secure system was introduced for facilitating one-to-one
funds transfer requirements of individuals / corporates. Available across a longer time
window, the NEFT system provides for batch settlements at hourly intervals, thus
enabling near real-time transfer of funds. Certain other unique features viz. accepting
cash for originating transactions, initiating transfer requests without any minimum or
maximum amount limitations, facilitating one-way transfers to Nepal, receiving
confirmation of the date / time of credit to the account of the beneficiaries, etc., are
available in the system.
Real Time Gross Settlement (RTGS)System
RTGS is a funds transfer systems where transfer of money takes place from one bank to
another on a "real time" and on "gross" basis. Settlement in "real time" means payment
transaction is not subjected to any waiting period. "Gross settlement" means the
transaction is settled on one to one basis without bunching or netting with any other
transaction. Once processed, payments are final and irrevocable. This was introduced in
in 2004 and settles all inter-bank payments and customer transactions above `2 lakh.
Clearing Corporation of India Limited (CCIL)
CCIL was set up in April 2001 by banks, financial institutions and primary dealers, to
function as an industry service organisation for clearing and settlement of trades in
money market, government securities and foreign exchange markets.
The Clearing Corporation plays the crucial role of a Central Counter Party (CCP) in the
government securities, USD –INR forex exchange (both spot and forward segments) and
Collaterised Borrowing and Lending Obligation (CBLO) markets. CCIL plays the role of
a central counterparty whereby, the contract between buyer and seller gets replaced by
two new contracts - between CCIL and each of the two parties. This process is known as
‘Novation’. Through novation, the counterparty credit risk between the buyer and seller is
eliminated with CCIL subsuming all counterparty and credit risks. In order to minimize
the these risks, that it exposes itself to, CCIL follows specific risk management practices
which are as per international best practices.In addition to the guaranteed settlement,
CCIL also provides non guaranteed settlement services for National Financial Switch
(Inter bank ATM transactions) and for rupee derivatives such as Interest Rate Swaps.
CCIL is also providing a reporting platform and acts as a repository for Over the Counter
(OTC) products.
Other Payment Systems
Pre-paid Payment Systems
Pre-paid instruments are payment instruments that facilitate purchase of goods and
services against the value stored on these instruments. The value stored on such
instruments represents the value paid for by the holders by cash, by debit to a bank
account, or by credit card. The pre-paid payment instruments can be issued in the form of
smart cards, magnetic stripe cards, internet accounts, internet wallets, mobile accounts,
mobile wallets, paper vouchers, etc.
Subsequent to the notification of the PSS Act, policy guidelines for issuance and
operation of prepaid instruments in India were issued in the public interest to regulate the
issue of prepaid payment instruments in the country.
The use of pre-paid payment instruments for cross border transactions has not been
permitted, except for the payment instruments approved under Foreign Exchange
Management Act,1999 (FEMA).
To accept any online payment through credit cards, debit cards or net banking, an e-
commerce owner needs a merchant account with a bank. Now, setting up a merchant
account with each and every bank is a tedious task for any e-commerce player and in
most of the cases there is little or no support from banks in terms of customer service and
customisation.
Therefore, it becomes imperative for online businesses to opt for a payment aggregator,
which connects the merchant's website with the bank's payment gateway and provides
multiple payment options - like credit card, debit card, net banking and cash cards - to an
online shopper enabling him/her to choose a convenient payment option. Also, payment
gateway companies have tie ups with almost all nationalised and private banks which
considerably reduces the merchant's efforts to tie up with banks individually.
"In many cases, the onus of providing customer service, compliance certification (like
PCI DSS) and data security lie on the shoulders of the payment gateway providers again
reducing the running cost of the online merchant manifolds. This makes a payment
gateway is an integral step in the value chain of e-commerce business, without which it's
a herculean task for any merchant to accept online payments," explained Nitin Gupta, co-
founder of PayU India, a payment aggregator which provides payment gateway
integration to online businesses.
"Having HQ in Gurgaon ensures that we are in close proximity with our clientele and this
helps in our day-to-day operations as well," said Gupta. Connectivity with New Delhi and
IGI Airport are added advantages. In NCR, PayU India's clients include Goibibo, Jabong,
Ferns n Petals, Snapdeal, Tradus.in, Rechargeitnow, Zomato and Urbantouch.
"Delhi-NCR is a prime location for e-commerce players. Furthermore, there is an
availability of quality office space at economical prices and good connectivity and
infrastructure. With its development, Noida is as well running after Bangalore crown as
India's Tech Eden," added Thakar talking about their business logic of choosing Noida as
the location for their operations.As per Gupta, the total market size of the online e-
commerce in NCR is close to $1.2 billion of which PayU has 25 per cent market share.
"Aggregators other than PayU, which are based out of NCR are Zaakpay and PayTM.
However, among these three, PayU has more than 90 per cent market share in NCR," he
added.
Mobile Banking System
Mobile phones as a medium for providing banking services have been attaining increased
importance. Reserve Bank brought out a set of operating guidelines on mobile banking
for banks in October 2008, according to which only banks which are licensed and
supervised in India and have a physical presence in India are permitted to offer mobile
banking after obtaining necessary permission from Reserve Bank. The guidelines focus
on systems for security and inter-bank transfer arrangements through Reserve Bank's
authorized systems. On the technology front the objective is to enable the development of
inter-operable standards so as to facilitate funds transfer from one account to any other
account in the same or any other bank on a real time basis irrespective of the mobile
network a customer has subscribed to.
ATMs / Point of Sale (POS) Terminals / Online Transactions
Presently, there are over 61,000 ATMs in India. Savings Bank customers can withdraw
cash from any bank terminal up to 5 times in a month without being charged for the
same. To address the customer service issues arising out of failed ATM transactions
where the customer's account gets debited without actual disbursal of cash, the Reserve
Bank has mandated re-crediting of such failed transactions within 12 working day and
mandated compensation for delays beyond the stipulated period. Furthermore, a
standardised template has been prescribed for displaying at all ATM locations to facilitate
lodging of complaints by customers.
There are over five lakh POS terminals in the country, which enable customers to make
payments for purchases of goods and services by means of credit/debit cards. To facilitate
customer convenience the Bank has also permitted cash withdrawal using debit cards
issued by the banks at PoS terminals.
The PoS for accepting card payments also include online payment gateways. This facility
is used for enabling online payments for goods and services. The online payment are
enabled through own payment gateways or third party service providers clled
intermediaries. In payment transactions involving intermediaries, these intermediaries act
as the initial recipient of payments and distribute the payment to merchants. In such
transactions, the customers are exposed to the uncertainty of payment as most merchants
treat the payments as final on receipt from the intermediaries. In this regard safeguard the
interests of customers and to ensure that the payments made by them using
Electronic/Online Payment modes are duly accounted for by intermediaries receiving
such payments, directions were issued in November 2009. Directions require that the
funds received from customers for such transactions need to be maintained in an internal
account of a bank and the intermediary should not have access to the same.
Further, to reduce the risks arising out of the use of credit/debit cards over internet/IVR
(technically referred to as card not present (CNP) transactions), Reserve Bank mandated
that all CNP transactions should be additionally authenticated based on information not
available on the card and an online alert should be sent to the cardholders for such
transactions.
National Payments Corporation of India
The Reserve Bank encouraged the setting up of National Payments Corporation of India
(NPCI) to act as an umbrella organisation for operating various Retail Payment Systems
(RPS) in India. NPCI became functional in early 2009. NPCI has taken over National
Financial Switch (NFS) from Institute for Development and Research in Banking
Technology (IDRBT). NPCI is expected to bring greater efficiency by way of uniformity
and standardization in retail payments and expanding and extending the reach of both
existing and innovative payment products for greater customer convenience.
Oversight of Payment and Settlement Systems
Oversight of the payment and settlement systems is a central bank function whereby the
objectives of safety and efficiency are promoted by monitoring existing and planned
systems, assessing them against these objectives and, where necessary, inducing change.
By overseeing payment and settlement systems, central banks help to maintain systemic
stability and reduce systemic risk, and to maintain public confidence in payment and
settlement systems.
The Payment and Settlement Systems Act, 2007 and the Payment and Settlement Systems
Regulations, 2008 framed thereunder, provide the necessary statutory backing to the
Reserve Bank of India for undertaking the Oversight function over the payment and
settlement systems in the country.
RBI GUIDELINES ON PAYMENT BANKING SYSTEM
A. Purpose
To provide a framework for the regulation and supervision of persons operating payment
systems involved in the issuance of Pre-paid Payment Instruments (PPIs) in the country
and to ensure development of this segment of the payment and settlement systems in a
prudent and customer friendly manner. For the purpose of these guidelines, the term
‘persons’ refers to ‘entities’ authorized to issue prepaid payment instruments and ‘entities’
proposing to issue pre-paid payment instruments.
B. Classification
Statutory Guidelines issued by Reserve Bank of India under Section 18 read with Section
10(2) of Payment & Settlement Systems Act, 2007 (Act 51 of 2007).
C. Previous Guidelines consolidated
The Master Circular compiles the policy guidelines issued on Issuance and Operation of
Pre-paid Payment Instruments in India as listed in Appendix.
D. Scope
These guidelines lay down the eligibility criteria and the basic conditions for payment
system operators involved in the issuance of Pre-paid Payment Instruments in the
country. All persons authorised to operate payment systems and involved in the issuance
of Pre-paid Payment Instruments in India shall comply with these guidelines. All persons
proposing to operate payment systems and involved in the issuance of Pre-paid Payment
Instruments shall seek authorization from the Department of Payment and Settlement
Systems, Reserve Bank of India, under the Payment and Settlement Systems Act, 2007.
E. Structure
1. Introduction
2. Definitions
3. Eligibility to issue PPI
4. Exemption
5. Capital requirements
6. Safeguards against money laundering (KYC/AML/CFT) provisions
7. Categories of pre-paid payment instruments
8. Deployment of Money collected
9. Issuance and reloading of pre-paid payment instruments
10. Validity
11. Transactions Limits
12. Redemption
13. Fraud prevention and Security standards
14. Customer Protection Issue
1. Introduction
1.1. Consequent to the passing of Payment and Settlement Systems, Act 2007, banks and
non-bank entities have been issuing pre-paid payment instruments in the country after
obtaining necessary approval / authorisation from Reserve Bank of India and operating
within the guidelines issued by Reserve Bank of India in this regard. The initial
guidelines on “Issuance and Operation of PPIs” issued in April 2009 have been amended
from time to time, taking into account the developments in the field and the progress
made by PPI issuers. Given the number of amendments made in the past, it has become
necessary to have all the instructions at one place.
1.2 Further, in view of the references received from PPI issuers on certain issues
pertaining to the operations of PPIs, a comprehensive review of extant guidelines and
instructions has also been carried out, in consultation with the stakeholders. These
guidelines, covering both banks and non-bank persons, lay down the basic eligibility
criteria and the conditions for operations such payment systems in the country.
2. Definitions
2.1 Issuer: Persons operating the payment systems issuing pre-paid payment instruments
to individuals/organizations. The money so collected is used by these persons to make
payment to the merchants who are part of the acceptance arrangement directly, or through
a settlement arrangement.
2.2 Holder: Individuals/Organizations who acquire pre-paid payment instruments for
purchase of goods and services, including financial services.
2.3 Pre-paid Payment Instruments: Pre-paid payment instruments are payment
instruments that facilitate purchase of goods and services, including funds transfer,
against the value stored on such instruments. The value stored on such instruments
represents the value paid for by the holders by cash, by debit to a bank account, or by
credit card. The pre-paid instruments can be issued as smart cards, magnetic stripe cards,
internet accounts, internet wallets, mobile accounts, mobile wallets, paper vouchers and
any such instrument which can be used to access the pre-paid amount (collectively called
Prepaid Payment Instruments hereafter). The pre-paid payment instruments that can be
issued in the country are classified under three categories viz. (i) Closed system payment
instruments (ii) Semi-closed system payment instruments and (iii) Open system payment
instruments.
2.4 Closed System Payment Instruments: These are payment instruments issued by a
person for facilitating the purchase of goods and services from him/it. These instruments
do not permit cash withdrawal or redemption. As these instruments do not facilitate
payments and settlement for third party services, issue and operation of such instruments
are not classified as payment systems.
2.5 Semi-Closed System Payment Instruments: These are payment instruments which can
be used for purchase of goods and services, including financial services at a group of
clearly identified merchant locations/ establishments which have a specific contract with
the issuer to accept the payment instruments. These instruments do not permit cash
withdrawal or redemption by the holder.
2.6 Open System Payment Instruments: These are payment instruments which can be
used for purchase of goods and services, including financial services like funds transfer at
any card accepting merchant locations (point of sale terminals) and also permit cash
withdrawal at ATMs / BCs.
2.7 Limits: All ‘limits’ in the value of instruments stated in the guidelines, indicate the
maximum value of such instruments that can be issued to any holder.
2.8 Merchants: The establishments who accept the PPIs issued by PPI issuer against the
sale of goods and services.
3. Eligibility to issue Prepaid Payment Instruments (PPI)
3.1 Banks who comply with the eligibility criteria would be permitted to issue all
categories of pre-paid payment instruments.
3.2 However, only those banks which have been permitted to provide Mobile Banking
Transactions by the Reserve Bank of India shall be permitted to launch mobile based pre-
paid payment instruments (mobile wallets & mobile accounts).
3.3 Non-Banking Financial Companies (NBFCs) and other persons would be permitted to
issue only closed and semi-closed system payment instruments, including mobile phone
based pre-paid payment instruments.
4. Exemption
4.1 Foreign Exchange Pre-paid Payment Instruments: Persons authorized under Foreign
Exchange Management Act (FEMA) to issue foreign exchange pre-paid payment
instruments and where such persons issue such instruments as participants of payment
systems authorised by the Reserve Bank of India, are exempt from the purview of these
guidelines. The use of such payment instruments shall be limited to permissible current
account transactions and subject to the prescribed limits under the Foreign Exchange
Management (Current Account Transactions) Rules, 2000, as amended from time to time.
5. Capital Requirements
5.1 Banks and Non-Banking Financial Companies which comply with the Capital
Adequacy requirements prescribed by Reserve Bank of India from time-to-time, shall be
permitted to issue pre-paid payment instruments.
5.2 All other persons, seeking authorisation henceforth, shall have a minimum paid-up
capital of Rs. 500 lakh and minimum positive net worth of Rs. 100 lakh at all the times.
Necessary instructions, if any, for the existing PPI issuers for compliance of enhanced
capital requirements will be notified separately.
5.3 Applicant companies having FDI/FII should meet the minimum capital requirement
as applicable under Consolidated FDI policy guidelines of Government of India.
5.4 Only companies incorporated in India will be eligible to apply for authorisation.
6. Safeguards against Money Laundering (KYC/AML/CFT) Provisions
6.1 The guidelines on Know Your Customer/Anti-Money Laundering/Combating
Financing of Terrorism guidelines issued by the Reserve Bank of India to banks, from
time to time, shall apply mutatis mutandis to all the persons issuing pre-paid payment
instruments.
6.2 As PPI issuers are operating a Payment System, provisions of Prevention of Money
Laundering Act, 2002 and Rules framed thereunder, as amended from time to time, are
also applicable to PPI issuers. Necessary systems shall be put in place to ensure
compliance with these guidelines.
6.3 The use of pre-paid payment instruments for cross border transactions shall not be
permitted except for the payment instruments provided at paragraph 4.1 of the guidelines.
6.4 Persons issuing pre-paid payment instruments shall maintain a log of all the
transactions undertaken using these instruments. This data should be available for
scrutiny by the Reserve Bank or any other agency / agencies as may be advised by the
Reserve Bank. These persons shall also file Suspicious Transaction Report (STR) to
Financial Intelligence Unit – India (FIU-IND).
7. Categories of Pre-paid Payment Instruments
7.1 The maximum value of any pre-paid payment instruments (where specific limits have
not been prescribed including the amount transferred as per paragraph 10.2) shall not
exceed Rs 50,000/-.
7.2 The following types of semi closed pre-paid payment instruments can be issued on
carrying out Customer Due Diligence as detailed:-
upto Rs.10,000/- by accepting minimum details of the customer provided the amount
outstanding at any point of time does not exceed Rs. 10,000/- and the total value
of reloads during any given month also does not exceed Rs. 10,000/-. These can
be issued only in electronic form;
from Rs.10,001/- to Rs.50,000/- by accepting any ‘officially valid document’ defined
under Rule 2(d) of the PML Rules 2005, as amended from time to time. Such PPIs
can be issued only in electronic form and should be non-reloadable in nature;
upto Rs.1,00,000/- with full KYC and can be reloadable in nature. The balance in the
PPI should not exceed Rs.1,00,000/- at any point of time.
7.3 Banks can issue open pre-paid payment instrument after full KYC in addition to semi
closed PPIs listed above.
7.4 Co-branded pre-paid payment instrument
All persons authorized / approved to issue pre-paid payment instruments are permitted to
co-brand such instruments with the name/logos of financial institution / Government
Organisation etc. for whose customers/beneficiaries such co-branded instruments are
issued. The name of the issuer shall be visible prominently on the payment instrument.
NBFCs/Other persons desirous of issuing such co-branded prepaid instruments may seek
one time approval from Reserve Bank of India.
However, banks have been granted general permission to issue rupee denominated co-
branded prepaid instruments subject to the terms and conditions as mentioned in the
circular RBI/2012-13/325 DBOD.No.FSD.BC.67/24.01.019/2012-13 dated December 12,
2012
7.5 Prepaid Gift instrument issuance by Banks, NBFCs and other persons
Banks, NBFCs and other persons are permitted to issue pre-paid gift instruments subject
to the following conditions:
The maximum validity of the pre-paid gift instruments shall be three years.
Maximum value of each such payment instrument shall not exceed Rs. 50,000/-.
These instruments shall not be reloadable.
Cash withdrawal shall not be permitted for such instruments.
Full KYC of the purchasers of such instruments shall be maintained. (Separate KYC
would not be required in cases of customers who are issued such instruments
against debit to their bank accounts in India which are fully KYC compliant).
The issuer shall maintain the details of the persons to whom such instruments have
been issued and make available the same on demand. The issuer shall also ensure
that full details of the ultimate beneficiary are obtained for furnishing to the
regulator or Government, as and when requested.
Entities may adopt a risk based approach, duly approved by their Board, in deciding
the number of such instruments which can be issued to a customer, transaction
limits etc.
7.6 Pre-paid Instruments issued by banks to Government Organizations for onward
issuance to the beneficiaries of Government sponsored schemes.
Banks are permitted to issue pre-paid instruments to Government Organisations for
onward issuance to the beneficiaries of Government sponsored schemes, subject to the
following conditions:-
Verification of the identity of the beneficiaries shall be the responsibility of the
Government Organisations.
These payment instruments shall be loaded / reloaded only by debit to a bank
account, maintained by the Government Organizations with the same bank.
The maximum value of each such payment instrument shall not exceed Rs. 50,000/-.
Banks shall facilitate transfer of funds from such payment instruments to a regular
bank account of the beneficiary, if requested for.
The banks shall be responsible for all customer service aspects related to these
instruments.
7.7 Pre-paid Instruments issued by banks to other Financial Institutions for credit of one-
time/periodic payments by these organisations to their customers.
Banks are permitted to issue prepaid instruments to other financial institutions for credit
of one-time/periodic payments by these organisations to their customers subject to the
following conditions:-
Banks shall satisfy themselves about the adequacy of the KYC practices followed by
these organisations before issuance of these instruments.
These payment instruments shall be loaded / reloaded only by debit to a bank
account, maintained by the financial institutions with the same bank.
The maximum value of such payment instrument shall not exceed Rs. 50,000/-.
Banks shall facilitate transfer of funds from such payment instruments to a regular
bank account of the beneficiary, if asked for.
The banks shall be responsible for all customer service aspects related to these
instruments.
7.8 Prepaid Instruments issued by banks for credit of cross border inward remittance.
Banks are permitted to issue prepaid instruments to principal agents approved under the
Money Transfer Service Scheme (MTSS) of the Reserve Bank of India or directly to the
beneficiary under the scheme for loading of the funds from inward remittances, subject to
the following conditions:-
Banks shall ensure proper identity of the beneficiaries while directly issuing such
prepaid payment instruments to them.
Banks shall satisfy themselves about the systems followed by the agents for
identifying the beneficiaries, before issuance of these instruments.
The card shall be loaded only with the remittance proceeds received under the MTSS
guidelines.
The maximum value of such payment instrument shall not exceed Rs. 50,000/-.
Splitting of single credits among different modes of payment shall not be permitted.
Any amount received in excess of Rs. 50,000/- under MTSS should be paid by
credit to a bank account.
Banks shall facilitate transfer of funds from such payment instruments to a regular
bank account of the beneficiary, if asked for.
The banks shall be responsible for all customer service aspects related to these
instruments.
7.9 Pre-paid Instruments issued by banks to Corporates for onward issuance to their
employees
Banks are permitted to issue prepaid instruments to corporates for onward issuance to
their employees subject to the following conditions:-
Prepaid payment instruments can be issued only to corporate entities listed in any of
the stock exchanges in India.
Verification of the identity of the employee shall be the responsibility of the
concerned corporate. The bank should put in place proper systems to capture and
maintain details of the employees to whom the cards are issued by the corporate
along with copies of photograph and identity proof of such employees. The
corporate is also required to make available details of bank accounts (if any) of
the employees to the bank.
Banks may ensure that the list of authorized signatories approved by the Board of the
corporate entity is taken on record and requests from such authorized persons are
only accepted for the purpose of loading/activating the prepaid payment
instruments.
These prepaid payment instruments shall be loaded / reloaded only by debit to the
bank account, which are subject to full KYC, maintained by the corporate with
the same bank.
The maximum value outstanding on individual prepaid payment instruments at any
point of time shall not exceed Rs. 50,000/-.
Banks shall facilitate transfer of funds from such prepaid payment instruments to a
regular bank account of the concerned employee, if requested for.
The banks shall be responsible for all customer service aspects related to these
instruments.
7.10 Issue of multiple PPIs by banks from fully-KYC compliant bank accounts for
dependents / family members
Banks are permitted to issue prepaid payment instrument subject to following conditions:
Such PPIs may be issued only by loading the value from fully KYC-compliant bank
account of the purchasers. Beneficiary has to be a dependent / family member.
The account holders purchasing the PPIs need to provide the minimum details (such
as name, address and contact details) of the intended beneficiary/ies who are
his/her dependents and family members.
Only one card can be issued to one beneficiary.
The transaction and monthly limits as applicable for cash pay-out arrangements under
DMT guidelines issued from time to time (currently Rs 10,000/- per transaction
with a monthly ceiling of Rs 25,000/-) will be applicable for such PPIs.
The bank may put in place mechanisms to monitor and report suspicious transactions
on these PPIs to Financial Intelligence Unit India (FIU IND).
The other guidelines as applicable to open system PPIs will also be applicable to
these cards.
Such PPIs shall be issued only in electronic form.
7.11 Rupee denominated PPIs issued by banks for visiting foreign nationals and NRIs
Banks are permitted to issue rupee denominated non-reloadable (a) PPIs to NRIs and
foreign nationals visiting India & (b) PPIs co-branded with exchange houses/money
transmitters (approved by RBI) to NRIs and foreign nationals visiting India subject to the
following conditions:
The cards can be issued by overseas branches of banks in India directly or by
cobranding with the exchange houses/money transmitters upto a maximum
amount of Rs.2 lakhs by loading from a KYC compliant bank account.
Such PPIs should be activated by the bank only after the traveller arrives in India.
Cash withdrawal from such PPIs will be restricted to Rs 50,000/- per month.
The cards should be issued strictly for use in India and transactions settled in INR.
The banks should ensure compliance to relevant KYC/AML/CFT requirements issued
from time to time.
An individual can hold only one card at a time and the card should be non-
transferable. The issuing bank has to put in place necessary arrangements to
ensure the same.
These PPIs may be used only for transactions permissible under the extant foreign
exchange regulations.
Transaction history have to be maintained by the banks.
The process put in place by the bank for refund of unutilised portion of the PPI
amount in India has to adhere to the extant foreign exchange regulations.
Such PPIs shall be issued only in electronic form.
8. Deployment of Money Collected
8.1 The money collected against issuance of pre-paid payment instruments at a point of
time could be substantial. Further, the turnover of funds may also be rapid. The
confidence of public and merchant establishments on pre-paid instruments schemes
depends on certainty and timeliness of settlement of claims arising from use of such
instruments. To ensure timely settlement, the issuers shall invest the funds collected only
as provided here-in.
8.2 For the schemes operated by banks, the outstanding balance shall be part of the ‘net
demand and time liabilities’ for the purpose of maintenance of reserve requirements. This
position will be computed on the basis of the balances appearing in the books of the bank
as on the date of reporting.
8.3 Other non-bank persons issuing payment instruments are required to maintain their
outstanding balance in an escrow account with any scheduled commercial bank subject to
the following conditions:-
(i) The escrow balance must be necessarily maintained with only one scheduled
commercial bank at any point of time.
(ii) In case there is a need to shift the escrow account from one bank to another, same
may be effected in a time-bound manner without unduly impacting the payment cycle to
the merchants. The migration should be completed in the minimum possible time and
with the prior approval of RBI.
(iii) The balance in the escrow account should, at no time, be lower than the value of
outstanding PPIs and payments due to merchants. While as far as possible PPI issuers
should ensure immediate credit of funds to escrow on sale / reload of PPIs to end-users,
such credit to escrow account should not be later than the close of business day (on which
the PPI has been sold / reloaded) under any circumstances.
(iv) The amount so maintained in the escrow account shall be used only for making
payments to the participating merchant establishments and other permitted payments.
Following debits and credits will only be permitted from the escrow account:
Credits
Payments received towards sale / reload of PPIs, including at agent locations
Refunds received for failed / disputed / returned / cancelled transactions.
Debits
Payments to various merchants/service providers towards reimbursement of claims
received from them
Payment to sponsor bank for processing funds transfer instructions received from PPI
holders as permitted by RBI from time to time.
Payment towards applicable Government taxes (received along with PPI sale/reload
amount from the buyers)
Refunds towards cancellation of transactions in a PPI in case of PPIs loaded /
reloaded erroneously or through fraudulent means (on establishment of erroneous
transfer /fraud). The funds have to be credited back to the same source from
where these were received. These funds are not to be forfeited till the disposal of
the case.
Any other payment due to the PPI issuer in the normal course of operating the PPI
business (for instance, service charges, forfeited amount, commissions)
Any other debit as directed by the regulator / courts / law enforcement agencies.
Note: (1) The payment towards service charges, commission and forfeited amount shall
be at pre-determined rates/frequency. Such transfers shall only be effected to a designated
bank account of the PPI issuer as indicated in the agreement with the bank where escrow
account is maintained. (2) All these provisions should be part of Service Level Agreement
that will be signed between the PPI issuer and the bank maintaining escrow account.
(v) PPI issuer will be required to submit the list of merchants acquired by it to the bank
and update the same from time to time. The bank will be required to ensure that payments
are to be made only to eligible merchants / purposes. There should be an exclusive clause
in the agreement signed between the PPI issuer and bank maintaining escrow account
towards usage of balance in escrow account only for the purposes mentioned above.
(vi) Further, there should also be an exclusive clause in the agreement signed/to be signed
between the issuer/operator and the bank maintaining ‘escrow account’, which would
enable the bank to use the money in the 'escrow account' only for making payment to the
merchants/holders in preference to the other creditors in the event of
liquidation/bankruptcy of the issuer. Accordingly, all the banks are advised to add the
following paragraph in the agreement entered into with the issuer/operator of prepaid
payment instruments for operating escrow account:
"It is expressly agreed and confirmed that the amount lying in the escrow account is
charged unto the holders of the prepaid payment instruments and the merchant
establishments to pay the dues arising out of usage of the prepaid payment instruments or
otherwise. Provided further, that the amount in the escrow account shall be deemed to be
a security charged unto the participating merchant establishments or holders of the
prepaid payment instruments issued by the issuer and to be utilised to redeem the dues
arising out of usage of the said prepaid payment instruments in the first instance or
otherwise to be paid to the holders of the same on surrender of the instrument and
settlement of the dues in the event of the scheme being wound up or being directed by the
Reserve Bank of India to be discontinued, as provided for in the operative guidelines
issued by the Reserve Bank on April 27, 2009 on Issuance and Operation of Pre-paid
Payment Instruments, as amended from time to time."
(vii) Banks maintaining the escrow account as above are, therefore, advised to necessarily
record the charge of the holders of the pre-paid payment instruments and/or the merchant
establishments with the Registrar of Companies under Section 125 of the Companies Act,
1956.
(viii) A certificate, as prescribed by the Bank from time to time is required to be
submitted by the authorised entities, signed by the auditor(s), on a quarterly basis. Such
certificate shall be submitted certifying that the person has been maintaining adequate
balance in the account to cover the outstanding value of pre-paid payment instruments
issued. The certificates shall be submitted within a fortnight from the end of the quarter to
which it pertains. Format of the certificate is attached.
(ix) The person shall also submit an annual certificate, as above, coinciding with the
accounting year of the entity to the Reserve Bank of India.
(x) Adequate records indicating the daily position of the value of instruments outstanding
vis-à-vis balances maintained with the banks in the escrow accounts shall be made
available for scrutiny to the Reserve Bank or the bank where the account is maintained on
demand.
(xi) Settlement of funds with merchants should not be co-mingled with other business
handled, if any by the PPI issuer.
(xii) NO interest is payable by the bank on such balances.
8.4 As an exception to the above (8.3 xii), the entity can enter into an agreement with the
bank where escrow account is maintained, to transfer "core portion" of the amount, in the
escrow account to a separate account on which interest is payable, subject to the
following:-
The bank shall satisfy itself that the amount deposited represents the "core portion"
after due verification of necessary documents.
The amount shall be linked to the escrow account, i.e. the amounts held in the interest
bearing account shall be available to the bank, to meet payment requirements of
the entity, in case of any shortfall in the escrow account.
This facility is permissible to persons who have been in business for at least ONE
YEAR and whose accounts have been duly audited for the full accounting year.
NO LOAN is permissible against such deposits. Banks shall not issue any deposit
receipts or mark any lien on the amount held in such form of deposits.
Core portion as calculated above will remain linked to the escrow account. The
escrow balance and core portion maintained should be clearly disclosed in the
Auditors certificates submitted to Reserve Bank of India on quarterly and annual
basis.
Note: For the purpose of these guidelines "Core Portion" may be computed as under:-
Step 1: Compute lowest daily outstanding balance (LB) on a fortnightly (FN) basis, for
one year (26 fortnights) from the preceding month.
Step 2: Calculate the average of the lowest fortnightly outstanding balances [(LB1 of
FN1+ LB2 of FN2+ ........+ LB26 of FN26) divided by26].
Step 3: The average balance so computed represents the "Core Portion" eligible to earn
interest.
9. Issuance and reloading of Pre-paid Payment Instruments
9.1 All persons authorised to issue pre-paid payment instruments by Reserve Bank of
India are permitted to issue reloadable or non-reloadable pre-paid payment instruments
depending upon the permissible category of PPIs.
9.2 Banks are permitted to issue and reload such payment instruments at their branches
and ATMs against payment by cash/debit to bank account/credit card and through their
business correspondents appointed as per the guidelines issued by the Reserve Bank in
this regard. Banks are also permitted to issue and reload semi-closed prepaid payment
Instruments through agents (other than BCs) by payment by cash/debit to bank account
/credit card subject to the following conditions:-
The issuer may carry out proper due diligence of the persons before appointing them
as agents for sale of such instruments.
The issuer shall be responsible for all their payment instruments issued by their
agents.
The pre-paid payment instrument issuers shall be responsible as the principal for all
the acts of omission or commission of their agents.
9.3 Other persons shall be permitted to issue and reload such payment instruments
through their authorised outlets or through their agents by payment by cash/debit to bank
account /credit card subject to the following conditions:-
The issuer may carry out proper due diligence of the persons appointed as authorized
agents for sale of such instruments.
The issuer shall be responsible for all their payment instruments issued by the
appointed agents.
The pre-paid payment instrument issuers shall be responsible as the principal for all
the acts of omission or commission of their agents.
10. Validity
10.1 All pre-paid payment instruments issued in the country shall have a minimum
validity period of six months from the date of activation/issuance to the holder.
10.2 In the case of non-reloadable pre-paid payment instruments, the transfer of
outstanding amount at the expiry of the payment instrument to a new similar payment
instrument of the same issuer, purchased by the holder may be permitted.
10.3 PPI issuers shall caution the PPI holder at reasonable intervals, during the 30 days’
period prior to expiry of validity period of PPI, before forfeiting outstanding balances in
the PPI, if any. The caution advice shall be sent by SMS / e-mail / post or by any other
means in the language preferred by the holder indicated at the time of on-boarding the
customer (sale of PPI). Further, the information about expiry period as well as forfeiture
policy should be made known to the customer at the time of sale / reload of the PPI, and
should be clearly enunciated in the terms and conditions of sale of PPI. Where applicable,
it should also be clearly outlined on the website of the issuer.
11. Transactions Limits
11.1 There is no separate limit on purchase of goods and services using PPIs and the
holder is allowed to use the PPI for these purposes within the overall PPI limit applicable.
11.2 Transaction limits and monthly caps are, however, applicable on funds transfers
permitted in PPIs under Domestic Money Transfer (DMT) Guidelines. PPI issuers should
ensure that all incoming funds to a PPI under DMT are within the overall permissible
limits for that category of PPI.
11.3 Refunds in case of failed / returned / rejected / cancelled transactions may be applied
to the respective PPI account immediately even if such application of funds results in
exceeding the limits prescribed for that category of PPI. However, PPI issuers will be
required to maintain complete details of such returns / refunds etc. and be in readiness to
provide them as and when called for. Further, PPIs issuers will be required to put in place
necessary systems that enable them to monitor frequent instances of refunds taking in
place in specific accounts and if necessary / called for be in a position to substantiate with
proof for audit purposes to the regulator.
11.4 In the case of open system prepaid payment instruments issued by banks in India,
cash withdrawal at POS is permitted upto a limit of Rs.1000/- per day subject to the same
conditions as applicable hitherto to debit cards (for cash withdrawal at POS).
12. Redemption
12.1 The issuer of such instruments shall not dishonour customer instructions for
payments/transfer of money, at approved locations, if there is sufficient balance
outstanding against the instrument.
12.2 The holders of pre-paid payment instrument shall be permitted to redeem the
balance outstanding within the expiry date, if for any reason the scheme is being wound-
up or is directed by the Reserve Bank to be discontinued.
12.3 Where redemption is provided as at 10.2 above, the redemption value shall not be in
excess of the amount outstanding or the face value (loading limit) of the instrument.
13. Fraud prevention and security standards
13.1 The pre-paid payment instrument issuers shall put in place adequate information and
data security infrastructure and systems for prevention and detection of frauds. It is
necessary to have a centralized database/ MIS by the issuer to prevent multiple purchase
of payment instruments at different locations, leading to circumvention of limits, if any,
prescribed for such payment instruments.
14. Customer Protection Issue
14.1 All pre-paid payment instrument issuers shall disclose all important terms and
conditions in clear and simple language (preferably in English, Hindi and the local
language) comprehensible to the holders while issuing the instruments. These disclosures
shall include:
All charges and fees associated with the use of the instrument.
The expiry period and the terms and conditions pertaining to expiration of the
instrument.
The customer service telephone numbers and website URL.
14.2 The non-bank PPI issuer shall put in place an effective mechanism for redressal of
customer complaints along with escalation matrix and publicise the same for the benefit
of customers. Besides reporting of customer complaints in the format and frequency as
already mandated, PPI issuers are also required to report frauds, if any, involving the PPIs
issued by them on a quarterly basis (or earlier). Instances of fraud along with the modus-
operandi adopted by the perpetrators, if known and analysed, may be reported separately.
14.3 In case of pre-paid payment instruments issued by banks, customers shall have
recourse to Banking Ombudsman Scheme for grievance redressal.

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FINAL DOC ON PAYMENT BANKING SYSTEM

  • 1. The central bank of any country is usually the driving force in the development of national payment systems. The Reserve Bank of India as the central bank of India has been playing this developmental role and has taken several initiatives for Safe, Secure, Sound, Efficient, Accessible and Authorised payment systems in the country. The Board for Regulation and Supervision of Payment and Settlement Systems (BPSS), a sub-committee of the Central Board of the Reserve Bank of India is the highest policy making body on payment systems in the country. The BPSS is empowered for authorising, prescribing policies and setting standards for regulating and supervising all the payment and settlement systems in the country. The Department of Payment and Settlement Systems of the Reserve Bank of India serves as the Secretariat to the Board and executes its directions. In India, the payment and settlement systems are regulated by the Payment and Settlement Systems Act, 2007 (PSS Act) which was legislated in December 2007. The PSS Act as well as the Payment and Settlement System Regulations, 2008 framed thereunder came into effect from August 12, 2008. In terms of Section 4 of the PSS Act, no person other than the Reserve Bank of India (RBI) can commence or operate a payment system in India unless authorised by RBI. Reserve Bank has since authorised payment system operators of pre-paid payment instruments, card schemes, cross-border in-bound money transfers, Automated Teller Machine (ATM) networks and centralised clearing arrangements. (http://www.rbi.org.in/Scripts/PublicationsView.aspx?id=12043) Payment Systems The Reserve Bank has taken many initiatives towards introducing and upgrading safe and efficient modes of payment systems in the country to meet the requirements of the public at large. The dominant features of large geographic spread of the country and the vast network of branches of the Indian banking system require the logistics of collection and delivery of paper instruments. These aspects of the banking structure in the country have always been kept in mind while developing the payment systems. Paper-based Payments Use of paper-based instruments (like cheques, drafts, and the like) accounts for nearly 60% of the volume of total non-cash transactions in the country. In value terms, the share is presently around 11%. This share has been steadily decreasing over a period of time and electronic mode gained popularity due to the concerted efforts of Reserve Bank of India to popularize the electronic payment products in preference to cash and cheques. Since paper based payments occupy an important place in the country, Reserve Bank had introduced Magnetic Ink Character Recognition (MICR) technology for speeding up and bringing in efficiency in processing of cheques. Later, a separate High Value Clearing was introduced for clearing cheques of value Rupees one lakh and above. This clearing was available at select large centres in the country (since discontinued). Recent developments in paper-based instruments include launch of Speed Clearing (for local clearance of outstation cheques drawn on core- banking enabled branches of banks), introduction of cheque truncation system (to restrict physical movement of cheques and enable use of images for payment processing), framing CTS-2010 Standards (for enhancing the security features on cheque forms) and
  • 2. the like. While the overall thrust is to reduce the use of paper for transactions, given the fact that it would take some time to completely move to the electronic mode, the intention is to reduce the movement of paper – both for local and outstation clearance of cheques. Electronic Payments The initiatives taken by RBI in the mid-eighties and early-nineties focused on technology-based solutions for the improvement of the payment and settlement system infrastructure, coupled with the introduction of new payment products by taking advantage of the technological advancements in banks. The continued increase in the volume of cheques added pressure on the existing set-up, thus necessitating a cost- effective alternative system. Electronic Clearing Service (ECS) Credit The Bank introduced the ECS (Credit) scheme during the 1990s to handle bulk and repetitive payment requirements (like salary, interest, dividend payments) of corporates and other institutions. ECS (Credit) facilitates customer accounts to be credited on the specified value date and is presently available at all major cities in the country. During September 2008, the Bank launched a new service known as National Electronic Clearing Service (NECS), at National Clearing Cell (NCC), Mumbai. NECS (Credit) facilitates multiple credits to beneficiary accounts with destination branches across the country against a single debit of the account of the sponsor bank. The system has a pan- India characteristic and leverages on Core Banking Solutions (CBS) of member banks, facilitating all CBS bank branches to participate in the system, irrespective of their location across the country. Regional ECS (RECS) Next to NECS, RECS has been launched during the year 2009.RECS, a miniature of the NECS is confined to the bank branches within the jurisdiction of a Regional office of RBI. Under the system, the sponsor bank will upload the validated data through the Secured Web Server of RBI containing credit/debit instructions to the customers of CBS enabled bank branches spread across the Jurisdiction of the Regional office of RBI. The RECS centre will process the data, arrive at the settlement, generate destination bank wise data/reports and make available the data/reports through secured web-server to facilitate the destination bank branches to afford credit/debit to the accounts of beneficiaries by leveraging the CBS technology put in place by the bank. Presently RECS is available in Ahmedabad, Bengaluru, Chennai and Kolkata Electronic Clearing Service (ECS) Debit The ECS (Debit) Scheme was introduced by RBI to provide a faster method of effecting periodic and repetitive collections of utility companies. ECS (Debit) facilitates consumers / subscribers of utility companies to make routine and repetitive payments by ‘mandating’ bank branches to debit their accounts and pass on the money to the companies. This tremendously minimises use of paper instruments apart from improving process efficiency and customer satisfaction. There is no limit as to the minimum or maximum amount of payment. This is also available across major cities in the country.
  • 3. Electronic Funds Transfer (EFT) This retail funds transfer system introduced in the late 1990s enabled an account holder of a bank to electronically transfer funds to another account holder with any other participating bank. Available across 15 major centers in the country, this system is no longer available for use by the general public, for whose benefit a feature-rich and more efficient system is now in place, which is the National Electronic Funds Transfer (NEFT) system. National Electronic Funds Transfer (NEFT) System In November 2005, a more secure system was introduced for facilitating one-to-one funds transfer requirements of individuals / corporates. Available across a longer time window, the NEFT system provides for batch settlements at hourly intervals, thus enabling near real-time transfer of funds. Certain other unique features viz. accepting cash for originating transactions, initiating transfer requests without any minimum or maximum amount limitations, facilitating one-way transfers to Nepal, receiving confirmation of the date / time of credit to the account of the beneficiaries, etc., are available in the system. Real Time Gross Settlement (RTGS)System RTGS is a funds transfer systems where transfer of money takes place from one bank to another on a "real time" and on "gross" basis. Settlement in "real time" means payment transaction is not subjected to any waiting period. "Gross settlement" means the transaction is settled on one to one basis without bunching or netting with any other transaction. Once processed, payments are final and irrevocable. This was introduced in in 2004 and settles all inter-bank payments and customer transactions above `2 lakh. Clearing Corporation of India Limited (CCIL) CCIL was set up in April 2001 by banks, financial institutions and primary dealers, to function as an industry service organisation for clearing and settlement of trades in money market, government securities and foreign exchange markets. The Clearing Corporation plays the crucial role of a Central Counter Party (CCP) in the government securities, USD –INR forex exchange (both spot and forward segments) and Collaterised Borrowing and Lending Obligation (CBLO) markets. CCIL plays the role of a central counterparty whereby, the contract between buyer and seller gets replaced by two new contracts - between CCIL and each of the two parties. This process is known as ‘Novation’. Through novation, the counterparty credit risk between the buyer and seller is eliminated with CCIL subsuming all counterparty and credit risks. In order to minimize the these risks, that it exposes itself to, CCIL follows specific risk management practices which are as per international best practices.In addition to the guaranteed settlement, CCIL also provides non guaranteed settlement services for National Financial Switch (Inter bank ATM transactions) and for rupee derivatives such as Interest Rate Swaps. CCIL is also providing a reporting platform and acts as a repository for Over the Counter (OTC) products. Other Payment Systems Pre-paid Payment Systems
  • 4. Pre-paid instruments are payment instruments that facilitate purchase of goods and services against the value stored on these instruments. The value stored on such instruments represents the value paid for by the holders by cash, by debit to a bank account, or by credit card. The pre-paid payment instruments can be issued in the form of smart cards, magnetic stripe cards, internet accounts, internet wallets, mobile accounts, mobile wallets, paper vouchers, etc. Subsequent to the notification of the PSS Act, policy guidelines for issuance and operation of prepaid instruments in India were issued in the public interest to regulate the issue of prepaid payment instruments in the country. The use of pre-paid payment instruments for cross border transactions has not been permitted, except for the payment instruments approved under Foreign Exchange Management Act,1999 (FEMA). To accept any online payment through credit cards, debit cards or net banking, an e- commerce owner needs a merchant account with a bank. Now, setting up a merchant account with each and every bank is a tedious task for any e-commerce player and in most of the cases there is little or no support from banks in terms of customer service and customisation. Therefore, it becomes imperative for online businesses to opt for a payment aggregator, which connects the merchant's website with the bank's payment gateway and provides multiple payment options - like credit card, debit card, net banking and cash cards - to an online shopper enabling him/her to choose a convenient payment option. Also, payment gateway companies have tie ups with almost all nationalised and private banks which considerably reduces the merchant's efforts to tie up with banks individually. "In many cases, the onus of providing customer service, compliance certification (like PCI DSS) and data security lie on the shoulders of the payment gateway providers again reducing the running cost of the online merchant manifolds. This makes a payment gateway is an integral step in the value chain of e-commerce business, without which it's a herculean task for any merchant to accept online payments," explained Nitin Gupta, co- founder of PayU India, a payment aggregator which provides payment gateway integration to online businesses. "Having HQ in Gurgaon ensures that we are in close proximity with our clientele and this helps in our day-to-day operations as well," said Gupta. Connectivity with New Delhi and IGI Airport are added advantages. In NCR, PayU India's clients include Goibibo, Jabong, Ferns n Petals, Snapdeal, Tradus.in, Rechargeitnow, Zomato and Urbantouch. "Delhi-NCR is a prime location for e-commerce players. Furthermore, there is an availability of quality office space at economical prices and good connectivity and infrastructure. With its development, Noida is as well running after Bangalore crown as India's Tech Eden," added Thakar talking about their business logic of choosing Noida as the location for their operations.As per Gupta, the total market size of the online e- commerce in NCR is close to $1.2 billion of which PayU has 25 per cent market share. "Aggregators other than PayU, which are based out of NCR are Zaakpay and PayTM. However, among these three, PayU has more than 90 per cent market share in NCR," he added.
  • 5. Mobile Banking System Mobile phones as a medium for providing banking services have been attaining increased importance. Reserve Bank brought out a set of operating guidelines on mobile banking for banks in October 2008, according to which only banks which are licensed and supervised in India and have a physical presence in India are permitted to offer mobile banking after obtaining necessary permission from Reserve Bank. The guidelines focus on systems for security and inter-bank transfer arrangements through Reserve Bank's authorized systems. On the technology front the objective is to enable the development of inter-operable standards so as to facilitate funds transfer from one account to any other account in the same or any other bank on a real time basis irrespective of the mobile network a customer has subscribed to. ATMs / Point of Sale (POS) Terminals / Online Transactions Presently, there are over 61,000 ATMs in India. Savings Bank customers can withdraw cash from any bank terminal up to 5 times in a month without being charged for the same. To address the customer service issues arising out of failed ATM transactions where the customer's account gets debited without actual disbursal of cash, the Reserve Bank has mandated re-crediting of such failed transactions within 12 working day and mandated compensation for delays beyond the stipulated period. Furthermore, a standardised template has been prescribed for displaying at all ATM locations to facilitate lodging of complaints by customers. There are over five lakh POS terminals in the country, which enable customers to make payments for purchases of goods and services by means of credit/debit cards. To facilitate customer convenience the Bank has also permitted cash withdrawal using debit cards issued by the banks at PoS terminals. The PoS for accepting card payments also include online payment gateways. This facility is used for enabling online payments for goods and services. The online payment are enabled through own payment gateways or third party service providers clled intermediaries. In payment transactions involving intermediaries, these intermediaries act as the initial recipient of payments and distribute the payment to merchants. In such transactions, the customers are exposed to the uncertainty of payment as most merchants treat the payments as final on receipt from the intermediaries. In this regard safeguard the interests of customers and to ensure that the payments made by them using Electronic/Online Payment modes are duly accounted for by intermediaries receiving such payments, directions were issued in November 2009. Directions require that the funds received from customers for such transactions need to be maintained in an internal account of a bank and the intermediary should not have access to the same. Further, to reduce the risks arising out of the use of credit/debit cards over internet/IVR (technically referred to as card not present (CNP) transactions), Reserve Bank mandated that all CNP transactions should be additionally authenticated based on information not available on the card and an online alert should be sent to the cardholders for such transactions. National Payments Corporation of India The Reserve Bank encouraged the setting up of National Payments Corporation of India (NPCI) to act as an umbrella organisation for operating various Retail Payment Systems
  • 6. (RPS) in India. NPCI became functional in early 2009. NPCI has taken over National Financial Switch (NFS) from Institute for Development and Research in Banking Technology (IDRBT). NPCI is expected to bring greater efficiency by way of uniformity and standardization in retail payments and expanding and extending the reach of both existing and innovative payment products for greater customer convenience. Oversight of Payment and Settlement Systems Oversight of the payment and settlement systems is a central bank function whereby the objectives of safety and efficiency are promoted by monitoring existing and planned systems, assessing them against these objectives and, where necessary, inducing change. By overseeing payment and settlement systems, central banks help to maintain systemic stability and reduce systemic risk, and to maintain public confidence in payment and settlement systems. The Payment and Settlement Systems Act, 2007 and the Payment and Settlement Systems Regulations, 2008 framed thereunder, provide the necessary statutory backing to the Reserve Bank of India for undertaking the Oversight function over the payment and settlement systems in the country. RBI GUIDELINES ON PAYMENT BANKING SYSTEM A. Purpose To provide a framework for the regulation and supervision of persons operating payment systems involved in the issuance of Pre-paid Payment Instruments (PPIs) in the country and to ensure development of this segment of the payment and settlement systems in a prudent and customer friendly manner. For the purpose of these guidelines, the term ‘persons’ refers to ‘entities’ authorized to issue prepaid payment instruments and ‘entities’ proposing to issue pre-paid payment instruments. B. Classification Statutory Guidelines issued by Reserve Bank of India under Section 18 read with Section 10(2) of Payment & Settlement Systems Act, 2007 (Act 51 of 2007). C. Previous Guidelines consolidated The Master Circular compiles the policy guidelines issued on Issuance and Operation of Pre-paid Payment Instruments in India as listed in Appendix. D. Scope These guidelines lay down the eligibility criteria and the basic conditions for payment system operators involved in the issuance of Pre-paid Payment Instruments in the country. All persons authorised to operate payment systems and involved in the issuance of Pre-paid Payment Instruments in India shall comply with these guidelines. All persons proposing to operate payment systems and involved in the issuance of Pre-paid Payment Instruments shall seek authorization from the Department of Payment and Settlement Systems, Reserve Bank of India, under the Payment and Settlement Systems Act, 2007. E. Structure
  • 7. 1. Introduction 2. Definitions 3. Eligibility to issue PPI 4. Exemption 5. Capital requirements 6. Safeguards against money laundering (KYC/AML/CFT) provisions 7. Categories of pre-paid payment instruments 8. Deployment of Money collected 9. Issuance and reloading of pre-paid payment instruments 10. Validity 11. Transactions Limits 12. Redemption 13. Fraud prevention and Security standards 14. Customer Protection Issue 1. Introduction 1.1. Consequent to the passing of Payment and Settlement Systems, Act 2007, banks and non-bank entities have been issuing pre-paid payment instruments in the country after obtaining necessary approval / authorisation from Reserve Bank of India and operating within the guidelines issued by Reserve Bank of India in this regard. The initial guidelines on “Issuance and Operation of PPIs” issued in April 2009 have been amended from time to time, taking into account the developments in the field and the progress made by PPI issuers. Given the number of amendments made in the past, it has become necessary to have all the instructions at one place. 1.2 Further, in view of the references received from PPI issuers on certain issues pertaining to the operations of PPIs, a comprehensive review of extant guidelines and instructions has also been carried out, in consultation with the stakeholders. These guidelines, covering both banks and non-bank persons, lay down the basic eligibility criteria and the conditions for operations such payment systems in the country. 2. Definitions 2.1 Issuer: Persons operating the payment systems issuing pre-paid payment instruments to individuals/organizations. The money so collected is used by these persons to make payment to the merchants who are part of the acceptance arrangement directly, or through a settlement arrangement. 2.2 Holder: Individuals/Organizations who acquire pre-paid payment instruments for purchase of goods and services, including financial services. 2.3 Pre-paid Payment Instruments: Pre-paid payment instruments are payment instruments that facilitate purchase of goods and services, including funds transfer, against the value stored on such instruments. The value stored on such instruments represents the value paid for by the holders by cash, by debit to a bank account, or by credit card. The pre-paid instruments can be issued as smart cards, magnetic stripe cards, internet accounts, internet wallets, mobile accounts, mobile wallets, paper vouchers and any such instrument which can be used to access the pre-paid amount (collectively called Prepaid Payment Instruments hereafter). The pre-paid payment instruments that can be issued in the country are classified under three categories viz. (i) Closed system payment
  • 8. instruments (ii) Semi-closed system payment instruments and (iii) Open system payment instruments. 2.4 Closed System Payment Instruments: These are payment instruments issued by a person for facilitating the purchase of goods and services from him/it. These instruments do not permit cash withdrawal or redemption. As these instruments do not facilitate payments and settlement for third party services, issue and operation of such instruments are not classified as payment systems. 2.5 Semi-Closed System Payment Instruments: These are payment instruments which can be used for purchase of goods and services, including financial services at a group of clearly identified merchant locations/ establishments which have a specific contract with the issuer to accept the payment instruments. These instruments do not permit cash withdrawal or redemption by the holder. 2.6 Open System Payment Instruments: These are payment instruments which can be used for purchase of goods and services, including financial services like funds transfer at any card accepting merchant locations (point of sale terminals) and also permit cash withdrawal at ATMs / BCs. 2.7 Limits: All ‘limits’ in the value of instruments stated in the guidelines, indicate the maximum value of such instruments that can be issued to any holder. 2.8 Merchants: The establishments who accept the PPIs issued by PPI issuer against the sale of goods and services. 3. Eligibility to issue Prepaid Payment Instruments (PPI) 3.1 Banks who comply with the eligibility criteria would be permitted to issue all categories of pre-paid payment instruments. 3.2 However, only those banks which have been permitted to provide Mobile Banking Transactions by the Reserve Bank of India shall be permitted to launch mobile based pre- paid payment instruments (mobile wallets & mobile accounts). 3.3 Non-Banking Financial Companies (NBFCs) and other persons would be permitted to issue only closed and semi-closed system payment instruments, including mobile phone based pre-paid payment instruments. 4. Exemption 4.1 Foreign Exchange Pre-paid Payment Instruments: Persons authorized under Foreign Exchange Management Act (FEMA) to issue foreign exchange pre-paid payment instruments and where such persons issue such instruments as participants of payment systems authorised by the Reserve Bank of India, are exempt from the purview of these guidelines. The use of such payment instruments shall be limited to permissible current account transactions and subject to the prescribed limits under the Foreign Exchange Management (Current Account Transactions) Rules, 2000, as amended from time to time. 5. Capital Requirements 5.1 Banks and Non-Banking Financial Companies which comply with the Capital Adequacy requirements prescribed by Reserve Bank of India from time-to-time, shall be permitted to issue pre-paid payment instruments.
  • 9. 5.2 All other persons, seeking authorisation henceforth, shall have a minimum paid-up capital of Rs. 500 lakh and minimum positive net worth of Rs. 100 lakh at all the times. Necessary instructions, if any, for the existing PPI issuers for compliance of enhanced capital requirements will be notified separately. 5.3 Applicant companies having FDI/FII should meet the minimum capital requirement as applicable under Consolidated FDI policy guidelines of Government of India. 5.4 Only companies incorporated in India will be eligible to apply for authorisation. 6. Safeguards against Money Laundering (KYC/AML/CFT) Provisions 6.1 The guidelines on Know Your Customer/Anti-Money Laundering/Combating Financing of Terrorism guidelines issued by the Reserve Bank of India to banks, from time to time, shall apply mutatis mutandis to all the persons issuing pre-paid payment instruments. 6.2 As PPI issuers are operating a Payment System, provisions of Prevention of Money Laundering Act, 2002 and Rules framed thereunder, as amended from time to time, are also applicable to PPI issuers. Necessary systems shall be put in place to ensure compliance with these guidelines. 6.3 The use of pre-paid payment instruments for cross border transactions shall not be permitted except for the payment instruments provided at paragraph 4.1 of the guidelines. 6.4 Persons issuing pre-paid payment instruments shall maintain a log of all the transactions undertaken using these instruments. This data should be available for scrutiny by the Reserve Bank or any other agency / agencies as may be advised by the Reserve Bank. These persons shall also file Suspicious Transaction Report (STR) to Financial Intelligence Unit – India (FIU-IND). 7. Categories of Pre-paid Payment Instruments 7.1 The maximum value of any pre-paid payment instruments (where specific limits have not been prescribed including the amount transferred as per paragraph 10.2) shall not exceed Rs 50,000/-. 7.2 The following types of semi closed pre-paid payment instruments can be issued on carrying out Customer Due Diligence as detailed:- upto Rs.10,000/- by accepting minimum details of the customer provided the amount outstanding at any point of time does not exceed Rs. 10,000/- and the total value of reloads during any given month also does not exceed Rs. 10,000/-. These can be issued only in electronic form; from Rs.10,001/- to Rs.50,000/- by accepting any ‘officially valid document’ defined under Rule 2(d) of the PML Rules 2005, as amended from time to time. Such PPIs can be issued only in electronic form and should be non-reloadable in nature; upto Rs.1,00,000/- with full KYC and can be reloadable in nature. The balance in the PPI should not exceed Rs.1,00,000/- at any point of time. 7.3 Banks can issue open pre-paid payment instrument after full KYC in addition to semi closed PPIs listed above. 7.4 Co-branded pre-paid payment instrument
  • 10. All persons authorized / approved to issue pre-paid payment instruments are permitted to co-brand such instruments with the name/logos of financial institution / Government Organisation etc. for whose customers/beneficiaries such co-branded instruments are issued. The name of the issuer shall be visible prominently on the payment instrument. NBFCs/Other persons desirous of issuing such co-branded prepaid instruments may seek one time approval from Reserve Bank of India. However, banks have been granted general permission to issue rupee denominated co- branded prepaid instruments subject to the terms and conditions as mentioned in the circular RBI/2012-13/325 DBOD.No.FSD.BC.67/24.01.019/2012-13 dated December 12, 2012 7.5 Prepaid Gift instrument issuance by Banks, NBFCs and other persons Banks, NBFCs and other persons are permitted to issue pre-paid gift instruments subject to the following conditions: The maximum validity of the pre-paid gift instruments shall be three years. Maximum value of each such payment instrument shall not exceed Rs. 50,000/-. These instruments shall not be reloadable. Cash withdrawal shall not be permitted for such instruments. Full KYC of the purchasers of such instruments shall be maintained. (Separate KYC would not be required in cases of customers who are issued such instruments against debit to their bank accounts in India which are fully KYC compliant). The issuer shall maintain the details of the persons to whom such instruments have been issued and make available the same on demand. The issuer shall also ensure that full details of the ultimate beneficiary are obtained for furnishing to the regulator or Government, as and when requested. Entities may adopt a risk based approach, duly approved by their Board, in deciding the number of such instruments which can be issued to a customer, transaction limits etc. 7.6 Pre-paid Instruments issued by banks to Government Organizations for onward issuance to the beneficiaries of Government sponsored schemes. Banks are permitted to issue pre-paid instruments to Government Organisations for onward issuance to the beneficiaries of Government sponsored schemes, subject to the following conditions:- Verification of the identity of the beneficiaries shall be the responsibility of the Government Organisations. These payment instruments shall be loaded / reloaded only by debit to a bank account, maintained by the Government Organizations with the same bank. The maximum value of each such payment instrument shall not exceed Rs. 50,000/-. Banks shall facilitate transfer of funds from such payment instruments to a regular bank account of the beneficiary, if requested for. The banks shall be responsible for all customer service aspects related to these
  • 11. instruments. 7.7 Pre-paid Instruments issued by banks to other Financial Institutions for credit of one- time/periodic payments by these organisations to their customers. Banks are permitted to issue prepaid instruments to other financial institutions for credit of one-time/periodic payments by these organisations to their customers subject to the following conditions:- Banks shall satisfy themselves about the adequacy of the KYC practices followed by these organisations before issuance of these instruments. These payment instruments shall be loaded / reloaded only by debit to a bank account, maintained by the financial institutions with the same bank. The maximum value of such payment instrument shall not exceed Rs. 50,000/-. Banks shall facilitate transfer of funds from such payment instruments to a regular bank account of the beneficiary, if asked for. The banks shall be responsible for all customer service aspects related to these instruments. 7.8 Prepaid Instruments issued by banks for credit of cross border inward remittance. Banks are permitted to issue prepaid instruments to principal agents approved under the Money Transfer Service Scheme (MTSS) of the Reserve Bank of India or directly to the beneficiary under the scheme for loading of the funds from inward remittances, subject to the following conditions:- Banks shall ensure proper identity of the beneficiaries while directly issuing such prepaid payment instruments to them. Banks shall satisfy themselves about the systems followed by the agents for identifying the beneficiaries, before issuance of these instruments. The card shall be loaded only with the remittance proceeds received under the MTSS guidelines. The maximum value of such payment instrument shall not exceed Rs. 50,000/-. Splitting of single credits among different modes of payment shall not be permitted. Any amount received in excess of Rs. 50,000/- under MTSS should be paid by credit to a bank account. Banks shall facilitate transfer of funds from such payment instruments to a regular bank account of the beneficiary, if asked for. The banks shall be responsible for all customer service aspects related to these instruments. 7.9 Pre-paid Instruments issued by banks to Corporates for onward issuance to their employees Banks are permitted to issue prepaid instruments to corporates for onward issuance to their employees subject to the following conditions:- Prepaid payment instruments can be issued only to corporate entities listed in any of the stock exchanges in India.
  • 12. Verification of the identity of the employee shall be the responsibility of the concerned corporate. The bank should put in place proper systems to capture and maintain details of the employees to whom the cards are issued by the corporate along with copies of photograph and identity proof of such employees. The corporate is also required to make available details of bank accounts (if any) of the employees to the bank. Banks may ensure that the list of authorized signatories approved by the Board of the corporate entity is taken on record and requests from such authorized persons are only accepted for the purpose of loading/activating the prepaid payment instruments. These prepaid payment instruments shall be loaded / reloaded only by debit to the bank account, which are subject to full KYC, maintained by the corporate with the same bank. The maximum value outstanding on individual prepaid payment instruments at any point of time shall not exceed Rs. 50,000/-. Banks shall facilitate transfer of funds from such prepaid payment instruments to a regular bank account of the concerned employee, if requested for. The banks shall be responsible for all customer service aspects related to these instruments. 7.10 Issue of multiple PPIs by banks from fully-KYC compliant bank accounts for dependents / family members Banks are permitted to issue prepaid payment instrument subject to following conditions: Such PPIs may be issued only by loading the value from fully KYC-compliant bank account of the purchasers. Beneficiary has to be a dependent / family member. The account holders purchasing the PPIs need to provide the minimum details (such as name, address and contact details) of the intended beneficiary/ies who are his/her dependents and family members. Only one card can be issued to one beneficiary. The transaction and monthly limits as applicable for cash pay-out arrangements under DMT guidelines issued from time to time (currently Rs 10,000/- per transaction with a monthly ceiling of Rs 25,000/-) will be applicable for such PPIs. The bank may put in place mechanisms to monitor and report suspicious transactions on these PPIs to Financial Intelligence Unit India (FIU IND). The other guidelines as applicable to open system PPIs will also be applicable to these cards. Such PPIs shall be issued only in electronic form. 7.11 Rupee denominated PPIs issued by banks for visiting foreign nationals and NRIs Banks are permitted to issue rupee denominated non-reloadable (a) PPIs to NRIs and foreign nationals visiting India & (b) PPIs co-branded with exchange houses/money transmitters (approved by RBI) to NRIs and foreign nationals visiting India subject to the following conditions:
  • 13. The cards can be issued by overseas branches of banks in India directly or by cobranding with the exchange houses/money transmitters upto a maximum amount of Rs.2 lakhs by loading from a KYC compliant bank account. Such PPIs should be activated by the bank only after the traveller arrives in India. Cash withdrawal from such PPIs will be restricted to Rs 50,000/- per month. The cards should be issued strictly for use in India and transactions settled in INR. The banks should ensure compliance to relevant KYC/AML/CFT requirements issued from time to time. An individual can hold only one card at a time and the card should be non- transferable. The issuing bank has to put in place necessary arrangements to ensure the same. These PPIs may be used only for transactions permissible under the extant foreign exchange regulations. Transaction history have to be maintained by the banks. The process put in place by the bank for refund of unutilised portion of the PPI amount in India has to adhere to the extant foreign exchange regulations. Such PPIs shall be issued only in electronic form. 8. Deployment of Money Collected 8.1 The money collected against issuance of pre-paid payment instruments at a point of time could be substantial. Further, the turnover of funds may also be rapid. The confidence of public and merchant establishments on pre-paid instruments schemes depends on certainty and timeliness of settlement of claims arising from use of such instruments. To ensure timely settlement, the issuers shall invest the funds collected only as provided here-in. 8.2 For the schemes operated by banks, the outstanding balance shall be part of the ‘net demand and time liabilities’ for the purpose of maintenance of reserve requirements. This position will be computed on the basis of the balances appearing in the books of the bank as on the date of reporting. 8.3 Other non-bank persons issuing payment instruments are required to maintain their outstanding balance in an escrow account with any scheduled commercial bank subject to the following conditions:- (i) The escrow balance must be necessarily maintained with only one scheduled commercial bank at any point of time. (ii) In case there is a need to shift the escrow account from one bank to another, same may be effected in a time-bound manner without unduly impacting the payment cycle to the merchants. The migration should be completed in the minimum possible time and with the prior approval of RBI. (iii) The balance in the escrow account should, at no time, be lower than the value of outstanding PPIs and payments due to merchants. While as far as possible PPI issuers should ensure immediate credit of funds to escrow on sale / reload of PPIs to end-users, such credit to escrow account should not be later than the close of business day (on which
  • 14. the PPI has been sold / reloaded) under any circumstances. (iv) The amount so maintained in the escrow account shall be used only for making payments to the participating merchant establishments and other permitted payments. Following debits and credits will only be permitted from the escrow account: Credits Payments received towards sale / reload of PPIs, including at agent locations Refunds received for failed / disputed / returned / cancelled transactions. Debits Payments to various merchants/service providers towards reimbursement of claims received from them Payment to sponsor bank for processing funds transfer instructions received from PPI holders as permitted by RBI from time to time. Payment towards applicable Government taxes (received along with PPI sale/reload amount from the buyers) Refunds towards cancellation of transactions in a PPI in case of PPIs loaded / reloaded erroneously or through fraudulent means (on establishment of erroneous transfer /fraud). The funds have to be credited back to the same source from where these were received. These funds are not to be forfeited till the disposal of the case. Any other payment due to the PPI issuer in the normal course of operating the PPI business (for instance, service charges, forfeited amount, commissions) Any other debit as directed by the regulator / courts / law enforcement agencies. Note: (1) The payment towards service charges, commission and forfeited amount shall be at pre-determined rates/frequency. Such transfers shall only be effected to a designated bank account of the PPI issuer as indicated in the agreement with the bank where escrow account is maintained. (2) All these provisions should be part of Service Level Agreement that will be signed between the PPI issuer and the bank maintaining escrow account. (v) PPI issuer will be required to submit the list of merchants acquired by it to the bank and update the same from time to time. The bank will be required to ensure that payments are to be made only to eligible merchants / purposes. There should be an exclusive clause in the agreement signed between the PPI issuer and bank maintaining escrow account towards usage of balance in escrow account only for the purposes mentioned above. (vi) Further, there should also be an exclusive clause in the agreement signed/to be signed between the issuer/operator and the bank maintaining ‘escrow account’, which would enable the bank to use the money in the 'escrow account' only for making payment to the merchants/holders in preference to the other creditors in the event of liquidation/bankruptcy of the issuer. Accordingly, all the banks are advised to add the following paragraph in the agreement entered into with the issuer/operator of prepaid payment instruments for operating escrow account: "It is expressly agreed and confirmed that the amount lying in the escrow account is charged unto the holders of the prepaid payment instruments and the merchant
  • 15. establishments to pay the dues arising out of usage of the prepaid payment instruments or otherwise. Provided further, that the amount in the escrow account shall be deemed to be a security charged unto the participating merchant establishments or holders of the prepaid payment instruments issued by the issuer and to be utilised to redeem the dues arising out of usage of the said prepaid payment instruments in the first instance or otherwise to be paid to the holders of the same on surrender of the instrument and settlement of the dues in the event of the scheme being wound up or being directed by the Reserve Bank of India to be discontinued, as provided for in the operative guidelines issued by the Reserve Bank on April 27, 2009 on Issuance and Operation of Pre-paid Payment Instruments, as amended from time to time." (vii) Banks maintaining the escrow account as above are, therefore, advised to necessarily record the charge of the holders of the pre-paid payment instruments and/or the merchant establishments with the Registrar of Companies under Section 125 of the Companies Act, 1956. (viii) A certificate, as prescribed by the Bank from time to time is required to be submitted by the authorised entities, signed by the auditor(s), on a quarterly basis. Such certificate shall be submitted certifying that the person has been maintaining adequate balance in the account to cover the outstanding value of pre-paid payment instruments issued. The certificates shall be submitted within a fortnight from the end of the quarter to which it pertains. Format of the certificate is attached. (ix) The person shall also submit an annual certificate, as above, coinciding with the accounting year of the entity to the Reserve Bank of India. (x) Adequate records indicating the daily position of the value of instruments outstanding vis-à-vis balances maintained with the banks in the escrow accounts shall be made available for scrutiny to the Reserve Bank or the bank where the account is maintained on demand. (xi) Settlement of funds with merchants should not be co-mingled with other business handled, if any by the PPI issuer. (xii) NO interest is payable by the bank on such balances. 8.4 As an exception to the above (8.3 xii), the entity can enter into an agreement with the bank where escrow account is maintained, to transfer "core portion" of the amount, in the escrow account to a separate account on which interest is payable, subject to the following:- The bank shall satisfy itself that the amount deposited represents the "core portion" after due verification of necessary documents. The amount shall be linked to the escrow account, i.e. the amounts held in the interest bearing account shall be available to the bank, to meet payment requirements of the entity, in case of any shortfall in the escrow account. This facility is permissible to persons who have been in business for at least ONE YEAR and whose accounts have been duly audited for the full accounting year. NO LOAN is permissible against such deposits. Banks shall not issue any deposit receipts or mark any lien on the amount held in such form of deposits.
  • 16. Core portion as calculated above will remain linked to the escrow account. The escrow balance and core portion maintained should be clearly disclosed in the Auditors certificates submitted to Reserve Bank of India on quarterly and annual basis. Note: For the purpose of these guidelines "Core Portion" may be computed as under:- Step 1: Compute lowest daily outstanding balance (LB) on a fortnightly (FN) basis, for one year (26 fortnights) from the preceding month. Step 2: Calculate the average of the lowest fortnightly outstanding balances [(LB1 of FN1+ LB2 of FN2+ ........+ LB26 of FN26) divided by26]. Step 3: The average balance so computed represents the "Core Portion" eligible to earn interest. 9. Issuance and reloading of Pre-paid Payment Instruments 9.1 All persons authorised to issue pre-paid payment instruments by Reserve Bank of India are permitted to issue reloadable or non-reloadable pre-paid payment instruments depending upon the permissible category of PPIs. 9.2 Banks are permitted to issue and reload such payment instruments at their branches and ATMs against payment by cash/debit to bank account/credit card and through their business correspondents appointed as per the guidelines issued by the Reserve Bank in this regard. Banks are also permitted to issue and reload semi-closed prepaid payment Instruments through agents (other than BCs) by payment by cash/debit to bank account /credit card subject to the following conditions:- The issuer may carry out proper due diligence of the persons before appointing them as agents for sale of such instruments. The issuer shall be responsible for all their payment instruments issued by their agents. The pre-paid payment instrument issuers shall be responsible as the principal for all the acts of omission or commission of their agents. 9.3 Other persons shall be permitted to issue and reload such payment instruments through their authorised outlets or through their agents by payment by cash/debit to bank account /credit card subject to the following conditions:- The issuer may carry out proper due diligence of the persons appointed as authorized agents for sale of such instruments. The issuer shall be responsible for all their payment instruments issued by the appointed agents. The pre-paid payment instrument issuers shall be responsible as the principal for all the acts of omission or commission of their agents. 10. Validity 10.1 All pre-paid payment instruments issued in the country shall have a minimum validity period of six months from the date of activation/issuance to the holder. 10.2 In the case of non-reloadable pre-paid payment instruments, the transfer of
  • 17. outstanding amount at the expiry of the payment instrument to a new similar payment instrument of the same issuer, purchased by the holder may be permitted. 10.3 PPI issuers shall caution the PPI holder at reasonable intervals, during the 30 days’ period prior to expiry of validity period of PPI, before forfeiting outstanding balances in the PPI, if any. The caution advice shall be sent by SMS / e-mail / post or by any other means in the language preferred by the holder indicated at the time of on-boarding the customer (sale of PPI). Further, the information about expiry period as well as forfeiture policy should be made known to the customer at the time of sale / reload of the PPI, and should be clearly enunciated in the terms and conditions of sale of PPI. Where applicable, it should also be clearly outlined on the website of the issuer. 11. Transactions Limits 11.1 There is no separate limit on purchase of goods and services using PPIs and the holder is allowed to use the PPI for these purposes within the overall PPI limit applicable. 11.2 Transaction limits and monthly caps are, however, applicable on funds transfers permitted in PPIs under Domestic Money Transfer (DMT) Guidelines. PPI issuers should ensure that all incoming funds to a PPI under DMT are within the overall permissible limits for that category of PPI. 11.3 Refunds in case of failed / returned / rejected / cancelled transactions may be applied to the respective PPI account immediately even if such application of funds results in exceeding the limits prescribed for that category of PPI. However, PPI issuers will be required to maintain complete details of such returns / refunds etc. and be in readiness to provide them as and when called for. Further, PPIs issuers will be required to put in place necessary systems that enable them to monitor frequent instances of refunds taking in place in specific accounts and if necessary / called for be in a position to substantiate with proof for audit purposes to the regulator. 11.4 In the case of open system prepaid payment instruments issued by banks in India, cash withdrawal at POS is permitted upto a limit of Rs.1000/- per day subject to the same conditions as applicable hitherto to debit cards (for cash withdrawal at POS). 12. Redemption 12.1 The issuer of such instruments shall not dishonour customer instructions for payments/transfer of money, at approved locations, if there is sufficient balance outstanding against the instrument. 12.2 The holders of pre-paid payment instrument shall be permitted to redeem the balance outstanding within the expiry date, if for any reason the scheme is being wound- up or is directed by the Reserve Bank to be discontinued. 12.3 Where redemption is provided as at 10.2 above, the redemption value shall not be in excess of the amount outstanding or the face value (loading limit) of the instrument. 13. Fraud prevention and security standards 13.1 The pre-paid payment instrument issuers shall put in place adequate information and data security infrastructure and systems for prevention and detection of frauds. It is necessary to have a centralized database/ MIS by the issuer to prevent multiple purchase of payment instruments at different locations, leading to circumvention of limits, if any,
  • 18. prescribed for such payment instruments. 14. Customer Protection Issue 14.1 All pre-paid payment instrument issuers shall disclose all important terms and conditions in clear and simple language (preferably in English, Hindi and the local language) comprehensible to the holders while issuing the instruments. These disclosures shall include: All charges and fees associated with the use of the instrument. The expiry period and the terms and conditions pertaining to expiration of the instrument. The customer service telephone numbers and website URL. 14.2 The non-bank PPI issuer shall put in place an effective mechanism for redressal of customer complaints along with escalation matrix and publicise the same for the benefit of customers. Besides reporting of customer complaints in the format and frequency as already mandated, PPI issuers are also required to report frauds, if any, involving the PPIs issued by them on a quarterly basis (or earlier). Instances of fraud along with the modus- operandi adopted by the perpetrators, if known and analysed, may be reported separately. 14.3 In case of pre-paid payment instruments issued by banks, customers shall have recourse to Banking Ombudsman Scheme for grievance redressal.