Eximkey - India Export Import Policy 2004 2013 Exim Policy

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Annexure 1

Report on Actual or Suspected Frauds in Banks

[Vide paragraph 4.1.2 (i)]

1.Name of the bank 
2.Name of the branch 
 i) Place 
 ii) District 
 iii) State 
3.Department concerned  
4.Name and nature of account 
5.Nature of fraud 
 i) Misappropriation and criminal breach of trust 
 ii) Fraudulent encashment through forged instruments/manipulation of books of accounts or through fictitious accounts and conversion of property 
 iii) Unauthorised credit facilities extended for reward or for illegal gratification 
 iv) Negligence and cash shortages 
  v) Cheating and forgery 
 vi) Irregularities in foreign exchange transactions 
 vii) Others (to be mentioned) 
6. Total amount involved 
7. i) Date of occurrence 
 ii) Date on which detected 
 iii) Reasons for delay, if any, in detecting the fraud 
 iv) Date on which reported to RBI 
 v) Reasons for delay, if any, in reporting the fraud to RBI 
8.Brief history/modus operandi  
9.Fraud committed by 
 i) Internal force (staff) 
 ii) External force (outsiders) 
 iii) Internal and external forces (staff and outsiders) 
10.i) Whether the controlling office (Regional/Zonal) could detect the fraud by a scrutiny of control returns submitted by the branch 
 ii) If not, the steps taken by the bank to improve the information system 
11.i) The date(s) on which last internal inspection/audit was conducted at the branch(es) during the period between the date of first occurrence of the fraud and its detection 
 ii) Whether the branch was under concurrent audit during the period of occurrence of fraud 
12.Action taken/proposed to be taken 
 i) Whether any complaint with the Police/CBI has been lodged. If so, give name of office/branch of CBI/Police, date of reference and present position of the case. If not, the reasons therefor. 
 ii) Details of claim lodged with the Insurance Company. If not, the reasons therefor.  
 iii) Whether any departmental enquiry has been conducted. If so, the name & designation of member(s) of staff involved and action, if any, taken/proposed to be taken against him/them. If not, the reasons for not conducting the enquiry 
 iv) Steps taken/proposed to be taken to avoid such incidents 
13.i) Whether any amount has been recovered 
 ii) Whether any amount has been settled by Insurance Company 
 iii) Whether any amount has been written off 
 iv) Extent of loss to the bank 
14.Suggestion, if any, for consideration of RBI 

    Note: The information relating to certain items above may not be available immediately. The banks should furnish information in respect of such items as and when it becomes available.

Annexure 2

Report on Frauds by Unscrupulous
Borrowers Involving Rs. 5 lakh and Above
[Vide paragraph 4.1.4 (ii)]

1.Name of the bank and branch at which the fraud has been perpetrated 
2.i)(a) Name and business address of the party in whose account fraud has taken place 
 (b) Names and addresses of the parties/ proprietors/ directors 
 ii) (a) Name & address of the associate concerns 
 (b) Names and addresses of the proprietors/ partners/directors  
3. Nature of account, date of sanction and amount of various credit facilities and outstandings thereagainst 
4. Date of occurrence of fraud 
5. Date of detection of fraud 
6. Extent of loss to the bank 
7.Nature of fraud (modus operandi, serious irregularities, etc. in detail indicating specific instances of fraud perpetrated by the concerned party) 
8. Total amount involved in the fraud 
9.i) Date of reporting the case as fraud to RBI; if not, reasons therefor. 
 ii) A copy of the fraud report submitted to Regional Office in the proforma given in Annexure 1. 
10.i) Whether criminal complaint filed with CBI/Police. If so, give name of office/branch of CBI/Police, date of reference and present position of the case. If not, reasons therefor. 
 ii) Date of filing of civil suit against the concerned parties and further developments in the matter. If not, reasons therefor. 
 iii) Whether bank has conducted departmental enquiry in the matter and examined the staff side of the case. If not, state reasons. 
  iv) Action taken/proposed to be taken by the bank against the bank officials responsible for lapses 
11.Whether any investigation/ inspection/scrutiny carried out in the fraud by (a) bank (b) RBI or (c) CBI/Police. If so, findings thereof.  
12.Any other developments 

Annexure 3

Statement - I
Information regarding cases of frauds reported to RBI
for the quarter ended ________
[Vide paragraph 5.2.1 (i)]

Name of the bank: _____________________________________

(Amount in Rs. crore)

Frauds perpetrated atNumber of cases of frauds reported to RBI during the quarterAmount involvedAction taken by the bank
in these cases		Total (4 + 5 + 6) Remarks
   Cases reported to CBICases reported to PoliceCases taken up
by banks for
investigation		  
12345678
Inland
Above Rs. 1 lakh
Up to Rs. 1 lakh		       
Overseas@
Above Rs. 1 lakh
Up to Rs. 1 lakh		       
Grand Total       

    @: Applicable to Indian banks only

    Notes:

    1. Figures in columns 2 & 3 will relate only to cases of frauds reported to RBI during the quarter irrespective of the dates of their occurrence/detection.

    2. Figures in columns 2 & 7 should tally, otherwise reasons for variation must be indicated in remarks column.

    3. Frauds relating to negotiable instruments may be reported by paying bankers and not collecting bankers.

Annexure 4

Statement-IA

Detailed information regarding the list of cases of frauds
reported to RBI during the quarter ended ______________
[Vide paragraph 5.2.1 (iii)]

Name of the bank _____________________________________

Sr. No.Name of the Branch,Centre and StateCases of frauds reported to RBI during the quarterRemarks(Action taken by the bank. Please indicate whether the case has been reported to CBI/Police or taken up for investigation by the bank itself)
  Name of the party Amount involvedRef. No. and date of the bank's letter reporting the fraud to RBI 
   InlandOverseas @   
   Up to Rs. 1 lakhAbove Rs. 1 lakhUp to Rs. 1 lakhAbove Rs. 1 lakh  
123456789
         
         
         
Total      

    @ - Applicable to Indian banks only.

    Note: Total number of cases and total amount involved must tally with the figures given in column 2 and 3 respectively of Statement I.

Annexure 5

Statement-II

Information relating to frauds reported to RBI
for the half-year ended ____________
[Vide paragraph 5.2.1 (iv)]

Name of the bank: ____________________________________

(Amount in Rs. Lakh)

Sr.No.ParticularsPosition for last five years
  Year 1Year 2Year 3Year 4Year 5
Part A-No. of cases reported to RBI     
1.Total number of cases reported to RBI during the year     
2.Total amount involved (at the time of occurrence of the fraud as reported to RBI)     
Part B-Out of those in Part A, those in respect of which investigation is pending     
1.Cases pending with CBI      
a.Total no. of cases pending     
b.Cases pending for more than 1 year     
2.Cases pending with Police     
a.Total no. of cases pending     
b.Cases pending for more than 1 year     
3.Cases pending with the bank     
a.Total no. of cases pending     
b.Cases pending for more than 1 year     
4.Cases pending with Court     
a.Total no. of cases pending     
b.Cases pending for more than 1 year     
5.Cases which have been closed     
6.Total no. of cases pending investigation     
Part C-Out of those in Part A, cases where involvement of staff has been established/under investigation     
1.No. of cases where staff involvement has been established so far     
2.No. of cases where staff involvement is under investigation     
3.No. of cases having no staff involvement     
Part D-Out of those in Part A, information regarding recovery made     
1.Total amount recovered so far     
a.From bank’s staff     
b.From parties other than the bank’s staff/by sale of securities/assets of the parties     
2.Total amount recovered so far through insurance claims     
3.Total amount written off     

Annexure 6

Statement - III

(Applicable to Public Sector Banks only)
[Vide paragraph 5.2.1 (v)]

    Name of the bank: _____________________________________
    Quarter ending ______________

    Part I - Complaints @
  OfficersOther than Officers
  FraudsBribery and Other Corrupt PracticesOthers (specifying the nature)FraudsBribery and Other Corrupt PracticesOthers (specifying the nature)
  COCO COCO COCO
1.B/F from last quarter            
2.Received during the quarter            
 (a) Signed complaints            
 (b) Complaints from other sources            
 (c) Detected through Audit & Inspection            
 (d) Detected by Vigilance agency            
 (e) Total            
3.Grand Total            
4.Disposal            
 (a) Sent to CBI            
 (b) Taken up for investigation by departmental vigilance agency            
  (c) Disposed of otherwise            
 (d)Total            
5.Carried forward to next quarter            
 (a) Pending less than one month            
 (b) Pending between 1 to 3 months            
 (c) Pending between 3 to 6 months            
 (d) Pending for more than 6 months            
 (e) Total            

    @ : 'Complaint' does not include FIRs registered by CBI
    'C' means no. of cases and 'O' means no. of officers / staff.

    Part 2A-Investigations by bank’s Vigilance Department and
    Investigation Reports received by the bank (Officers)
  Officers
  FraudsBribery and Other Corrupt PracticesOthers (specifying the nature)
  123
  COCOCO
1.Investigation by the Vigilance Department      
 (a) B/F from last quarter      
 (b)Received for investigation during the quarter [column 4(b) of Part-I]      
 (c) Total      
 (d) No. of reports received from Investigating Officers during the quarter      
 (e) C/F to next quarter by Investigating Officers      
 i) Pending between 1 to 3 months      
 ii) Pending between 3 to 6 months      
 iii) Pending between 6 months to 1 year      
 iv) Pending for more than 1 year      
 v) Total      
2.Action by CVO on investigation reports before first stage advice by CVC      
 (a) Investigation reports B/F from 1st quarter      
 (b) Investigation reports received during the quarter      
 i) From CBI      
 ii) From bank’s Investigating Officer[Row 1(d) above]      
 (c) Total of (a) and (b)      
 (d) Sent to CVC for advice *      
 (e) C/F to the next quarter      
 i) Pending between 1 to 3 months      
 ii) Pending between 3 to 6 months      
 iii) Pending between 6 months to 1 year      
 iv) Pending for more than 1 year      
 v) Total      
3.Action by CVO on CVC's first stage advice on investigation reports      
 (a) B/F from last quarter      
 (b) First advice received during the quarter      
 (c) Total of (a) and (b)      
 (d) Disposal      
 i) Prosecution      
 ii) Major penalty action      
 iii) Minor penalty action      
 iv) Administrative action      
 v) Closure      
 vi) Other types of disposal **      
 vii) Total       
 (e) C/F to next quarter (investigation reports pending for action on 1st advice)      
 i) Pending between 1 to 3 months      
 ii) Pending between 3 to 6 months      
 iii) Pending between 6 months to 1 year      
 iv) Pending for more than 1 year      
 v)Total      

    * - Includes cases in which comments were sent to CVC on CBI reports.

    ** - 'Other disposal' will cover cases where further clarification is sought or furtherinvestigation ordered.

    Part 2B - Investigations by bank’s vigilance department and
    Investigation reports received by the bank (Other than Officers)
  Other than Officers
  FraudsBribery and Other Corrupt PracticesOthers (specifying the nature)
  123
  COCOCO
1.Investigation by the vigilance department of the bank      
 (a)B/F from last quarter      
 (b)Received for investigation during the quarter [column 4(b) of Part-I)      
 (c) Total      
 (d)No. of reports received from Investigating Officers during the quarter      
 (e)C/F to next quarter by Investigating Officers      
 i)Pending between 1 to 3 months      
 ii)Pending between 3 to 6 months      
 iii)Pending between 6 months to 1 year      
 iv)Pending for more than 1 year      
 v)Total      
2.Action on investigation reports by Department      
 (a)Investigation reports B/F from last quarter      
 (b)Investigation reports received during the quarter      
 i)From CBI      
 ii)From Dept’s Investigating Officers [Row 1(d) above]      
 iii)Total      
 (c)Total of (a) and (b)      
 (d)Disposal      
 i)Prosecution      
 ii)Major penalty action      
 iii)Minor penalty action      
 iv)Administrative action      
 v)Closure      
 vi)Other types of disposal      
 vii)Total      
 (e) C/F to next quarter (investigation reports pending for action)       
 i) Pending between 1 to 3 months      
 ii) Pending between 3 to 6 months      
 iii) Pending between 6 months to 1 year      
 iv) Pending for more than 1 year      
 v) Total       

    Part 3A - Disciplinary Enquiry (Officers)

  Officers
  FraudsBribery and Other Corrupt PracticesOthers (specifying the nature)
  123
  COCOCO
1.Enquiries pending with Enquiry Officers of the bank in major penalty cases *      
 (a)B/F from last quarter       
 (b)Received during the quarter **       
 (c)Total       
 (d)Reports received from Enquiry Officers during the quarter       
 (e)Pending with Enquiry Officers for reports       
 i)Pending due to non-receipt of documents from Department @       
 ii)Pending after receipt of documents from Department       
 1.Pending between 1 to 3 months       
 2.Pending between 3 to 6 months       
 3.Pending between 6 months to 1 year       
 4.Pending for more than 1 year       
 5.Total      
2.Action on enquiry reports/minor penalty cases by Department before CVC's 2nd stage advice       
 (a)B/F from last quarter       
 (b)Received during the quarter       
 i)Minor penalty cases started during the quarter [Row 3d(iii) of Part 2A]      
 ii)Reports from I.Os in major penalty cases [Row 1(d) above]       
 (c)Total of (a) and (b)       
 (d)Reference to CVC       
 (e)C/F to the next quarter (c-d)       
 i)I.O's reports       
 1.Pending between 1 to 3 months       
 2.Pending between 3 to 6 months       
 3.Pending between 6 months to 1 year       
 4.Pending for more than 1 year       
 5.Total       
 ii)Minor penalty cases       
 1.Pending between 1 to 3 months       
 2.Pending between 3 to 6 months       
 3.Pending between 6 months to 1 year       
 4.Total       
 iii)Total of (i) and (ii)       
3.Action by Department after 2nd stage advice by CVC       
 (a)B/F from last quarter #       
 (b)Second advice received during quarter       
 (c)Total of (a) and (b)       
 (d)Disposal       
 i)Imposition of major penalty       
 ii)Imposition of minor penalty       
 iii)Administrative action       
 iv)Exoneration       
 v)Further enquiry       
 vi)Total       
 (e)C/F to next quarter       
 i)Pending between 1 to 3 months       
 ii)Pending between 3 to 6 months       
 iii)Pending between 6 months to 1 year       
 iv)Pending for more than 1 year       
 v)Total       

Notes:

1.*This covers cases where the enquiry is conducted by an officer of the Department and not by CBI.
2.**These will be the cases where orders of appointment have been issued to the Inquiry Officers (I.Os).
3.@These will be the cases in which the I.O. has received only the appointment order but not other basic documents like charge sheet, defence statement, copies of statements recorded during investigation.
4.#This will cover second advice on CBI reports and second stage reference by Departments.

    Part 3B - Disciplinary Enquiry (Other than Officers)

  Other than Officers
  FraudsBribery and Other Corrupt PracticesOthers (specifying the nature)
  123
  COCOCO
1.Enquiries pending with Enquiry Officers in major penalty cases       
  (a) B/F from last quarter       
  (b) Received during the quarter       
  (c) Total      
  (d) Reports received from Enquiry Officers during the quarter       
  (e) Pending with Enquiry Officers for report       
  i) Pending due to non-receipt of documents from Department       
  ii) Pending after receipt of documents from Department       
  1. Pending between 1 to 3 months       
  2. Pending between 3 to 6 months       
  3. Pending between 6 months to 1 year       
  4. Pending for more than 1 year       
  5. Total       
2. Action by Department on enquiry reports/minor penalty cases       
  (a) B/F from last quarter       
  (b) Received during the quarter       
  i) Minor penalty cases started during the quarter [Row 2d(iii) of Statement Part-2B]       
  ii) Reports from I.Os in major penalty cases [Row 1(d) above]       
  (c) Total of (a) and (b)       
  (d) Disposal       
  i) Imposition of major penalty       
  ii) Imposition of minor penalty       
  iii) Administrative action       
  iv) Exoneration       
  v) Further enquiry       
  vi) Total      
  (e) C/F to next quarter       
  i) Pending between 1 to 3 months       
  ii) Pending between 3 to 6 months       
  iii) Pending between 6 months to 1 year       
  iv) Pending for more than 1 year       
  v) Total       

    Notes:

    1. In the case of officers where the enquiry is entrusted to CBI, position will be reflected in Statement 3A and not in this Statement.

    2. Rows 1(b) and 1(e) (i) are as explained in Note (2) & (3) of Part-3A.

Annexure 7

Quarterly Report on Frauds Involving Rs. 100 lakh and above
(Vide paragraph 5.4.2)

    Name of the bank: __________________________________________

    Fraud involving Rs. ______ lakh detected on _____________ at ________________ branch of the bank in the account of ______________________________________ :

    Position for the quarter ended ______________

1. Date of first reporting and the amount involved  
2. Balance outstanding at the end of last quarter  
3. Recoveries made during the quarter/present outstanding  
4. Date of filing civil suit and its progress/positions, etc.  
5. Date of reporting case to Police/ CBI, name of persons against whom the investigation has been instituted and its progress/position  
6. Staff side action  
  i) Names and designation of officers/staff involved  
  ii) Whether bank official placed under suspension. If so, name and designation  
  iii) Progress/Position of departmental enquiry against each member of staff involved  
  iv)Punishment awarded (with names, designation and nature of punishment)  
  v) Prosecution/conviction/ acquittal etc. in respect of officials involved with details  
7. Any other developments 

Annexure 8

Total Number of Cases of Frauds and Amount
Outstanding for the Quarter ended ____________
(Vide paragraph 5.5.1)


    Name of the bank ________________________________________

(Amount in Rs. lakh)

Type of
fraud perpetrated		 Bank branches Total cases
outstanding
at the
beginning
of the
quarter 		New cases
detected
during
the quarter		 No. of cases closed during the quarterAmount recovered during the
quarter		 Amount written-off
during the quarter		 Total cases
and amount
outstanding at
the end of the
quarter 		Provisions
made
   No. of cases Amount No. of cases Amount    No. of cases Amount  
1 2 3 4 5 6 7 8 9 10 11 12
Banking Operations (Deposits & Cash) Inland           
Overseas@          
Cheque/Draft Operations Inland           
Overseas@           
Bills (including L/Cs) Inland           
Overseas@           
Loans and Advances Inland           
Overseas@          
Foreign Exchange Transactions Inland           
Overseas@           
Others Inland           
Overseas@          
Total Inland           
Overseas@          

    @: Applicable to Indian banks only.

Annexure 9

Report on Dacoities/Robberies/Theft/Burglaries
(Vide paragraph 8.1)

Name of Bank/Branch and Addresses (with type and risk classification) @District State Type of Case Date & Time of Occurrence Amount Involved Amount Recovered Insurance Claim Settled Staff Arrested Robbers Arrested Staff Killed
1 2 3 4 5 67 8 9 10 11
           

Robbers Killed Others Killed Staff Injured Others Injured Staff Convicted Robbers Convicted Compensation Paid to Staff Compensation Paid to Others Action Taken Crime No. and Name of Police Station at which Offence has been Registered Remarks (No. of Armed Guards on Duty)
12 13 14 15 16 17 18 19 20 21 22
           

    @ - (a) Type of branch - Rural/Semi-urban/Urban
    Branch Code allotted by DESACS (Part I - Seven digits)

    (b) Risk classification - High/Normal/Low

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