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Showing posts with label Payments and Settlement Act 2007. Show all posts
Showing posts with label Payments and Settlement Act 2007. Show all posts

Friday, October 19, 2018

Reserve Bank of India releases Dissent Note on Inter-Ministerial Committee for finalization of Amendments to PSS Act




Extract:

An Inter-Ministerial Committee for finalization of amendments to the Payment & Settlement Systems Act, 2007 was formed by the Government under the chairmanship of Secretary, Department of Economic Affairs. RBI was represented in the Committee.

             
Draft report of the Committee has been placed in public domain by the Government. RBI representative has submitted a dissent note on certain recommendations of the Committee, a copy of which is reproduced below for public information.

              Dissent Note : -

Payment systems are a sub-set of currency which is regulated by the RBI. The overarching impact of Monetary policy on payment and settlement systems and vice versa provides support for regulation of payment systems to be with the monetary authority.

There is an underlying bank account for payment systems which is under the purview of banking system regulation which is vested with the RBI.

Settlement systems are finally posted in the books of account of banks with the RBI to attain settlement finality. Regulating these entities goes hand in hand with the settlement function.
There are certain payment systems like cards which are issued by banks globally. Dual regulation over such instruments will not be desirable.

In India, the payment system is bank-dominated. Regulation of the banking systems and payment system by the same regulator provides synergy and inspires public confidence in the payment instruments.

Regulation of the Payment System by the Central Bank is the dominant international model for stability consideration. Thus, having the regulation and supervision over Payment and Settlement systems with the central bank will ensure holistic benefits.

There has been no evidence of any inefficiency in payment systems of India. The digital payments have made good and steady progress. India is gaining international recognition as a leader in payment systems. Given this, there need not be any change in a well-functioning system.

The Payments Regulatory Board (PRB) must remain with the Reserve Bank and headed by the Governor, Reserve Bank of India. It may comprise 3 members nominated by the Government and RBI respectively, with a casting vote for the Governor to ensure smooth operations of the Board.

The composition of the PRB is also not in conformity with the announcements made in the Finance Bill by the Honorable Finance Minister.

Generic comments of RBI on certain recommendations of the report can be read here.

Wednesday, September 29, 2010

Dispute Resolution Mechanism under the Payment and Settlement Systems Act, 2007





Dispute Resolution Mechanism under the Payment and Settlement Systems Act, 2007

As the numbers of transactions in the Payment Systems are on the increase, it is but natural that the complaints too should rise.

A number of complaints found their way to Reserve Bank of India, DPSS for an amicable solution.

To bring in Uniformity and transparency amongst the Dispute Settlements, RBI DPSS has issued detailed guidelines.

The same can be accessed @


The relevant Notification Number is:  RBI/2010-11/213/DPSS.CO.CHD.No.654/03.01.03/2010-2011 dt.         September 24, 2010





QUOTE

01) Scope of the Dispute Resolution Mechanism will generally be limited to interpretation, scrutiny and resolution of disputes within the ambit of rules, regulations, operational and procedural guidelines relating to the payment products, various instructions issued by the system providers, instructions and directions issued by RBI, etc., from time to time.


02) Use of the mechanism will not be resorted
a) to deal with aspects relating to acts of system participants (or providers) that are prima-facie fraudulent or
b) are internal to their operations or
c) outside the payment and settlement system infrastructure.


03) The Dispute Resolution Mechanism will also not cover disputes
a) between system participants and their customers (ultimate users),
b) between members of the payment systems and their sub-members
c) or between sub-members themselves.



UNQUOTE


The highlights of this Notification are:-

The various products under the Payments and Settlement Systems are divided into 3 broad areas viz:-

a) Clearing House-related activities, including paper (cheques) and retail electronic (ECS) payment products

b) Products those are national in character viz. National Electronic Clearing Service (NECS), National Electronic Funds Transfer (NEFT) and Real Time Gross Settlement (RTGS) system

c) All other payment systems (other than those operated by RBI) like CCIL, NPCI, ATM networks, cross border money transfers, cards, etc.

The PRD (Panel for Resolution of Disputes) should dispose of the dispute, within 15 working days of receiving the same.

Likewise, the Appellate authority too has to dispose of the Appeals, within 15 working days.


            The Dispute Resolution mechanism should lead to greater understanding of the functioning of the Payments and Settlements Act 2007, amongst all the state-holders. As more and more Disputes are resolved, the efficiency of the Payments System will increase. This will attract new customers and new transactions, into the Payment Systems ambit.

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