(1) Every credit information company or credit institution or specified user, in possession or control of data, information and credit information shall adopt all 37 reasonable procedure to ensure that their managers, officers, employees are obliged to fidelity and secrecy in respect of credit information under their control or to which they have access.
(2) Every credit information company or credit institution or specified user, existing before the commencement of these rules shall within three months of such commencement of these rules and every credit institution or credit information company or specified user within three months of commencement of their business after coming into force of the rules shall, formulate the policy and procedure duly approved by its Board of Directors specifying therein the steps to be taken by them to ensure compliance of the fidelity and secrecy obligation by their managers, officers, employees with respect to data, information and credit information under their control.
(3) Without prejudice to the generality of the policy and procedure as adopted under sub-rule (2), such policy and procedure shall also include therein the appropriate provisions relating to-
(a) the requirement that their employees, authorized personnel, agents, contractors and other persons who deal with or have right to access data, information and credit information comply with confidentiality obligation and sign covenants with them; and
(b) the requirement that every chairperson, director, auditor, advisor, officer or other employee of a credit information company, before entering upon his duties makes a declaration in Form III for complying with such fidelity and secrecy obligation.
(F.No. 7/67/2005-BOA (ii)) -Sd- (Amitabh Verma) Joint Secretary to the Government of India To The Manager Government of India Press Ring Road, Mayapuri Delhi –110064 38
SCHEDULE FORM I (See rule 4) APPEAL UNDER SECTION 7 OF THE ACT AGAINST REJECTION OF APPLICATION FOR GRANT OF CERTIFICATE OF REGISTRATION/ CANCELLATION OF CERTIFICATE OF REGISTRATION For use in secretariat of the appellate authority
(a) Date of presentation of the appeal (before the appellate authority):-……………………… OR
(b) Date of receipt of the appeal by post………………… (in secretariat of the appellate authority) Registration No………………………..
[given by the secretariat of the appellate authority as per rule 10(2)] (Signature of authorized officer of the appellate authority) BEFORE THE APPELLATE AUTHORITY ……………………………………………………….
……………………………………………………….
BETWEEN A B (Credit Information Company) …….APPELLANT AND RESEVE BANK OF INDIA …….RESPONDENT Details of appeal:
1. Particulars of the appellant company:
(i) Name:
(ii) Name of the agent
(iii) Address for service of all notices
2. Particulars of the respondent -
(i) Name and/or designation of the respondent 39
(ii) Office address of the respondent
(iii) Address for service of all notices
3. Particulars of the impugned order:
The application is against the following order:
(i) Order No/ dated:……………………………….’
(ii) Passed by:……………………………..
(iii) Date of receipt of communication:
(of the impugned order)
(iv) Subject in brief:………………………
4. Limitation – The appellant further declares that the appeal against the impugned order is within the limitation as per section 7 of the Act read with rule 4.
5. Fact of the case - The facts of the case are given below – (Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise).
6. Relief(s) sought – In view of the facts mentioned in para 5 above, the appellant prays for the following relief(s) – [Specify the relief(s) sought explaining the ground for the relief(s) and the legal provisions (if any) relied upon].
7. Interim order, if prayed for;
Pending final decision on the application, the applicant seeks issue of the following interim order – (Give here the nature of the interim order prayed for with reasons).
8. Details of the remedies exhausted - The appellant declares that he has availed of all the remedies available to him under the Act.
(Give here chronologically the details of representations made and the outcome of such representation).
9. Matter not pending with any other court, etc. - The appellant further declares that the matter regarding which this appeal has been made is not pending before any court of law or any other authority or has not been rejected by any court of law or other authority.
40
10. Details of Index - An index in duplicate containing the details of the documents to be relied upon is enclosed.
11. List of enclosures -
(a)
(b)
(c)
(d)
(e) VERIFICATION I, …………………………………………………. (name of the authorized officer/agent or counsel of the appellant company), S/o, ………………………………………………… age……………………… working as ………………………….. do …………………………….
hereby verify that the contents of serial nos. 1 to 11 are true to my personal knowledge and belief based on official records and that I have not suppressed or concealed any material facts.
SIGNATURE (agent of the appellant) Place :
Date :
41 RECEIPT SLIP This is to acknowledge the receipt of the appeal filed / received by post today on…… day of…….,the year……….before the appellate authority by Shri/Smt…………………………..working as ……………………………. in the office of ……………………….. ……………………………. residing at ………… ………..
Signature (of the designated officer of the appellate authority) Date:
Place:
42 FORM II [See sub-rule (2) of rule 19] (Information to be collected by a credit institution in relation to its identified borrower)
PART I FOR INDIVIDUALS
1. Name of the borrower:
(a) Last Name/Surname _____________ First Name _________ Middle Name ______________
2. If the borrower has been known by any other name in past ? Yes/No
(a) If yes, his Last Name/Surname ______________ First Name _____________________ Middle Name _________
3. Occupation of the borrower-
4. Address of the borrower:
(a) Residential Address - Flat/Door/Block No. ____ Name of Premises/ Building/Village __________________________ Road/Street/Lane/Post Office ______________________ Area/Locality/Taluka/Sub- Division_________ Town/ City/District _________________________ State/Union Territory ___________ Pin ______________ Telephone No.
__________ Fax ____________ Mobile Phone No. ------------ -------------
(b)Office Address - Name of Office ------------------------------- Flat /Door/Block No. -------- --------- Name of Premises/Building/Village ---------------------------- road/ Street/Lane/Post Office -------------------- Area/Locality/Taluka/Sub-Division --------------- Town/City/District - ------------------------- State/Union Territory -------------------- Pin -- ------------ Pin --------------------- Telephone No. --------------------- -- Fax --------------
5. Address for Communication - Tick { √ } as applicable (a) or (b)of column No.4.
6. Borrowers Father's Name - Last Name/surname ------------------------- First Name ------------- ---------- Middle Name -----------------------------------
7. Sex of the borrower - Tick { √ } as applicable: Male/Female
8. Date of birth of the borrower: (dd/mm/yyyy)
9. Nationality of the borrower ----------------------------------------- --
10. Bank account details of the borrower 43
(a) Account No.………………
(b) name of the bank and address……………………
11. Credit card details of the borrower
(a) Credit card type --------------------------------
(b) Credit card No. ------------------
(c) Issuer of the card----------------------------------------
(d) Pariculars of Insurance Policy. ---------------------------------- --
(e) Insurer Company ------------------------------------------------ --
12. E-mail address of the borrower ----------------------------------
13. Web URL address (if any) of the borrower -------------------
14. Documents submitted by the borrower as proof of his address - (any of the following)
(i) Passport details
(a) Passport No. ----------------------------
(b) Passport issuing authority -------------------------- ---------- (c ) Passport expiry date (dd/mm/yyyy) ------
(ii) Voter's identity card No. -------------------------------------- -
(iii) Income-tax PAN No. -------------------------------------- ------
15. For Company/Firm/Body of Individuals/Association of Persons/Local Authority;
(a) Registration Number -----------------------------------------------
(b) Date of incorporation/agreement/partnership -----------------
(c) Head office ------------------------------------ Name of the office ----------------- ------------------------------ Flat/Door/Block No. ------Name of Premises/Building/Village --- --------------------------------- Road/Street/Lane/Post Office ---- --------------------------------- Area/Locality/Taluka/Sub-division ------------------------ Town/City/district -------------------------- Pin ------------------------- State/Union territory ----------------- -------Telephone No. ---------- ------------ Fax -----------------
16. Web page URL address, if any -------------------------------- ---
17. No. of branches ------------------
18. Nature of Business ----------------------------------
19. Income-tax PAN No. -------------------------------------------
20. Turnover in the last financial year Rs.. ----------------------- -- 44
21. Net worth* Rs. ------------------------------------------------------- -
22. Paid up capital Rs. --------------------------------------------- ----
23. Particulars of Insurance Policy ---------------------- Insurer company --------------------------------------------------
24. Names, Addresses etc. of partners/Members/Directors --------- ----------------------------------------------
(a)Details of Partners / Members / Directors
(i) Full Name…………………………….LastName/Surname ………… …………… First Name …………… …………. Middle Name …… ……………………
(ii) Address Flat/Door/Block No. ……………………… Name of Premises/Building /Village ………………… ………………………… Road/Street/Lane/Post Office……………………… Area/Locality/Taluka/Sub-Division ……………….
Town/City/District. ……………………… ……… State/Union Territory Pin ………………………… Telephone No. …………… Fax No. …………………… Mobile Phone No. ……………………..
25. E-mail address ……………………………………………………….
26. Name of the authorired representative …………………………………………… Address ;- Flat/ Door/Block No. ………………………………………… Name of Premises/Building/ village ………………………..
Road/Street/Lane/Post Office …………………………….
Area/Locality/Taluka/Sub-Division ………………………………………… Town/City/ District …………….. Pin …………… State/Union Territory …….
Telephone No. …………………. Fax …………… Nature of business ………………………..
27. Bank account Details;
Name of the bank …………………………. branch ………………………… Bank account No. ………………………………..
Type of bank account …………………………
28. Any other information ………………………………………………………………… Part II (Applicable to Individuals /Company/ Firm/ Body of Individuals/Association of Persons/Local Authority)
29.Particulars of the credit facilities granted or to be granted by a credit institution to the borrower;:- 45
(a) Nature of each funded credit facility and the amount sanctioned or to be sanctioned thereunder;
(b) Date of disbursement of the amount against each facility;
(c) Number of installments pertaining to principal and interest and amount, the due date/s of payment and the actual date of payment;
(d) Total amount of outstanding dues against the borrower as on the date of reporting of credit information;
(e) Nature of each non-funded facility and the amount sanctioned or to be sanctioned thereunder;
(f) Amount involved in every non-funded facility availed of by the borrower;
(g) Conversion of non-funded facilities into funded facilities on account of non-fulfillment of commitment made thereunder;
(h) In case the facility is revolving in nature, history of meeting the obligations on due date of payment.
30. Information relating to the guarantor or the person who has given or proposes to give guarantee or security for a borrower of a credit institution including;
(a) Name, full address including State and Pin Code, telephone number, date of birth / date of incorporation, PAN of the guarantor;
(b) father’s name
(c) the amount guaranteed or to be guaranteed; and
(d) the amount of guarantee invoked in respect whereof default has been committed by the guarantor, if any.
46 FORM III [See sub-rule (3) of rule 29] DECLARATION OF FIDELITY AND SECRECY I, ___________________________ do solemnly swear and declare that on becoming the Chairperson, director, auditor, adviser, officer, employee or agent of _______________ (Name of the Credit Information Company), I will faithfully perform the duties of Chairperson, director, auditor, adviser, officer, employee or agent and that I shall not directly or indirectly communicate or divulge any of the matters or any information relating to the affairs of _______________(Name of the Credit Information Company) its members and/or their clients and/or their respective affairs including without limitation trade secrets, know-how, technology and such other confidential information of the company which may come to my knowledge in the discharge of my duties as such chairperson, director, auditor, adviser, officer, employee or agent except to the extent that any such information shall be or become part of the public domain or when required or authorised by the Board of the_______________(Name of the Credit Information Company) or in circumstances in which it is, in accordance with law or practices and usages or, as the case may be, necessary or appropriate for me to divulge such information.
I will observe strict secrecy with respect to all transactions of the company and all matters relating thereto and my obligation of fidelity and secrecy to the company will continue even after my cessation of relationship with the company. I will not allow any person to inspect or have access to any books or documents or computer system, diskettes belonging to or in the possession of the____________________ (Name of Credit Information Company) and relating to its business unless such person is legally entitled to such inspection or access.
Signature: ______________ (Name and designation of the person Signing the declaration) Place: ______________ Date: ______________