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1.
SHORT TITLE, COMMENCEMENT, EXTENT AND APPLICATION
(1)
This Scheme may be called the Banking Ombudsman Scheme, 2006.
(2)
It shall come into force on such date as the Reserve Bank may specify.
(3)
It shall extend to the whole of India.
(4)
The Scheme shall apply to the business in India of a bank as defined under the
Scheme.
2.
SUSPENSION OF THE SCHEME
(1)
The Reserve Bank, if it is satisfied that it is expedient so to do, may by order
suspend for such period as may be specified in the order, the operation of all
or any of the provisions of the Scheme, either generally or in relation to any
specified bank.
(2)
The Reserve Bank may, by order, extend from time to time, the period of any
suspension ordered as aforesaid by such period, as it thinks fit.
3.
DEFINITIONS
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‘award’ means an award passed by the Banking Ombudsman in accordance with the
Scheme.
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‘Appellate Authority’ means the Deputy Governor in charge of the Department of
the Reserve Bank implementing the Scheme.
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‘authorised representative’ means a person duly appointed and authorised by a
complainant to act on his behalf and represent him in the proceedings under the
Scheme before a Banking Ombudsman for consideration of his complaint.
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‘Banking Ombudsman’ means any person appointed under Clause 4 of the Scheme.
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‘bank’ means a ‘banking company’, a ‘corresponding new bank’, a ‘Regional Rural
Bank’, ‘State Bank of India’ a ‘Subsidiary Bank’ as defined in Section 5 of the
Banking Regulation Act, 1949 (Act 10 of 1949), or a ‘Primary Co-operative Bank’
as defined in clause (c) of Section 56 of that Act and included in the Second
Schedule of the Reserve Bank of India Act, 1934 (Act 2 of 1934), having a place
of business in India, whether such bank is incorporated in India or outside
India.
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‘complaint’ means a representation in writing or through electronic means
containing a grievance alleging deficiency in banking service as mentioned in
clause 8 of the Scheme.
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‘Reserve Bank’ means the Reserve Bank of India constituted by Section 3 of the
Reserve Bank of India Act, 1934 (2 of 1934).
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‘the scheme’ means the Banking Ombudsman Scheme, 2006.
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‘secretariat’ means the office constituted as per sub-clause (1) of clause 6 of
the Scheme.
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‘settlement’ means an agreement reached by the parties either by conciliation or
mediation under clause 11 of the Scheme.
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4.
APPOINTMENT & TENURE
(1)
The Reserve Bank may appoint one or more of its officers in the rank of Chief
General Manager or General Manager to be known as Banking Ombudsmen to carry out
the functions entrusted to them by or under the Scheme.
(2)
The appointment of Banking Ombudsman under the above Clause may be made for a
period not exceeding three years at a time.
5.
LOCATION OF OFFICE AND TEMPORARY HEADQUARTERS
(1)
The office of the Banking Ombudsman shall be located at such places as may be
specified by the Reserve Bank.
(2)
In order to expedite disposal of complaints, the Banking Ombudsman may hold
sittings at such places within his area of jurisdiction as may be considered
necessary and proper by him in respect of a complaint or reference before him.
6.
SECRETARIAT
(1)
The Reserve Bank shall depute such number of its officers or other staff to the
office of the Banking Ombudsman as is considered necessary to function as the
secretariat of the Banking Ombudsman.
(2)
The cost of the Secretariat shall be borne by the Reserve Bank.
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