न हि ज्ञानेन सदृशं पवित्रमिह विद्यते
Here (in this world), there is nothing as pure(sublime) as knowledge.
Let us share our knowledge
Wednesday, January 21, 2009
CSIR Purchase Rules of Goods & Services-2008 & CSIR & Purchase Manual of Best Practices-2008
The term 'Goods & Services' used in this rule includes all articles, material, commodities, livestock, general furniture/ laboratory furniture, fixtures, raw material, spares, instruments, machinery, equipment, industrial plant, chemicals, solvents, gases, glassware, stationery, liveries, and any other item meant for Research & Development both standard and non standard.
It also Includes Annual Maintenance Contracts of goods and equipment purchased or otherwise acquired for the use of CSIR Labs. and Institutes, custom clearance & cargo handling & consolidation services, exporting of goods for warranty replacements/repairs/upgradation ,Specific Scientific & Technical Services viz, Professional consultant services, Computer & Network management, Software & web design Development services, Special Storage, Communication facilities but excludes publications, periodicals for library &or outsourcing activities relating to Infrastructure, house keeping security, cleaning, horticulture, works related to engineering services, Desk top printing (DTP), scanning, outputting, printing, binding, data entry work, packing and dispatching work, empanelment of media agency including graphic designer, cartoonist, etc. for which systems are already in operation.
Sexual Harassment at the Workplace:
Sexual Harassment at the Workplace: Implement the Guidelines
By A. Pandey, Womens Feature Service
Statistics show that one woman is molested every 26 minutes and this refers to the reported cases only. If the unreported cases were to be included, it would be a matter of seconds rather than minutes. Most cases are not reported by victims because of reasons ranging from family and police pressures to the unreasonably long process of gaining justice.
The population of working women in India has grown multifold over the last decade. According to statistics, 60 per cent of women acknowledge that sexual harassment at the work place is rampant and has been accepted as a professional hazard by most women. Yet, the awareness and implementation of the Vishaka Guidelines remains poor. This was also recognised by the SC in a Public Interest Litigation (PIL) filed in the case of Medha Kotwal (2006). The apex court went on to make State Governments, through the Labour Commissioners and Women and Child Departments, responsible for ensuring that all workplaces with 50 per cent and more women on their staff, set up a Complaints Committee (CC).
In reality, however, either the CCs don't exist as an ex-ante mechanism or are set up in an ad-hoc manner. The increasing number of complaints filed in the courts, in the National Commission for Women (NCW) and the State Women's Commissions (SWC), are a testimony to the lack of the proper implementation of the Vishaka Guidelines by the employer and the general ineffectiveness of the CCs.
A RTI application filed with the Labour Commissioner in Maharashtra in 2007 revealed that no concrete measures had been taken by it despite the SC order in the Medha Kotwal case. Another application filed under the Right to Information (RTI) with the Maharashtra State Women Commission revealed that 60 complaints of sexual harassment at the workplace were filed in four months between January 1, 2008 and April 30, 2008.
Most developed nations have recognised sexual harassment at the workplace as a serious abuse, resulting from the exertion of power on the victim by the perpetrator. Therefore sexual harassment, in addition to being a violation of the right to safe working conditions, is also a violation of a person's right to bodily integrity.
As the Protection of Women against Sexual Harassment at Workplace Bill, 2007, is being deliberated and discussed, what is it that women have in terms of relief when employers fail to implement Vishaka Guidelines? This is a difficult question to answer. Yet, in the midst of all the chaos and confusion, the Courts have helped women secure justice, their rights and their dignity.
Take a few landmark judgements that have emerged recently: The Apparel Export Promotion Council v/s A.K. Chopra: AIR 1999 SC 625. This case is the first one where the SC applied the law as laid down under the Vishaka Guidelines. In this case, the SC recognised an important fact. It ruled that 'an attempt to molest' is equally an infringement of a woman's right to dignity at the workplace as a 'successful attempt of molestation'. The SC also recognised that in such cases, evidence and witnesses may not always be forthcoming. Hence, reliance has to be placed on the circumstantial evidence and whether it, in overall terms, inspires the confidence of the judges.
Then there is the Civil Writ Petition No. 8826 of 2004, which came up in the Bombay High Court in a case involving Tata Mettaliks Limited. Here, a lady supervisor was subject to sexual harassment at the hands of the Deputy GM at the plant. The lady sought an inquiry and the Management, with the help of an advocate, conducted an inquiry. The perpetrator was exonerated on the basis of this and the services of the woman concerned was terminated. She challenged her termination in a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, which decided in her favour and declared that the employer was guilty of unfair labour practices and granted reinstatement with consequential benefits. However, the Management failed to comply with the order of reinstatement by the order of the Labour Court. The matter was filed in the Bombay High Court which observed that Vishaka Guidelines are a law under Article 141
of the Constitution and that the powers to deal with the complaint of sexual harassment of an employee and inquiry vests with the CC and it cannot be decided by the Management.
The Delhi High Court order in a judgement involving S.K. Mallick, Director of National Academy of Audit and Account (NAAA), is another case in point: Mallick filed a petition before the Delhi High Court after the Central Administrative Tribunal (CAT) refused to stay the departmental proceedings of allegations of sexual harassment against him by a senior woman colleague. Mallick had allegedly entered the room of the woman officer at Shimla in an inebriated condition and misbehaved with her. The woman filed an FIR the next day and also intimated senior officials of Mallick's conduct. This led to a departmental inquiry. Mallick was suspended on the basis of a criminal case pending against him. He then approached the CAT seeking to stay the departmental inquiry. When the CAT refused to stay the departmental proceedings, Mallick approached the Delhi High Court.
The Delhi High Court while dismissing the petition made the following observations in respect of certain key definitions: (I) "Workplace" - The HC noted that in the case of the private sector, it is common for senior officials to run their businesses from their residences with the advancements in information technology. Accordingly, a person can interact or do business with other persons, while located in some other country by means of video conferencing, even while an officer or teacher may work from the accommodation allotted to her or him. Therefore, if an officer indulges in an act of sexual harassment with the employee, it would not be open for him to claim that the act had not been committed at the workplace but at his residence and get away with that argument. (II) "Any woman" - This expression is broad enough to include women of all ages, including women who may be senior in years and status. The HC said this in response to a plea by the accused
that that he could not be accused of sexually harassing a senior officer towards whom he was not in position to extend any sort of favour.
The above judgements set important precedents by extending the meaning of workplace, by defining who the affected women are, by delineating the nature of sexual harassment and the role of internal CCs. As the Draft Bill on Protection of Women against Sexual Harassment comes under national scrutiny, these judgements could help provide some much required clarity.
Courtesy :newsblaze.com
Tuesday, January 20, 2009
Monday, January 19, 2009
Sunday, January 18, 2009
Prevent 31 diseases by doing 3+1 things
|
Saturday, January 17, 2009
RBI FAQ on NEFT System
Ans : National Electronic Funds Transfer (NEFT) system is a nation wide funds transfer system to facilitate transfer of funds from any bank branch to any other bank branch.
Q. 2. Are all bank branches in the system part of the funds transfer network?
Ans : No. As on December 31, 52427 branches of 89 banks are participating. Steps are being taken to widen the coverage both in terms of banks and branches.
Q.3. Whether the system is centre specific or has any geographical restriction?
Ans : No, there is no restriction of centres or of any geographical area inside the country. The system uses the concept of centralised accounting system and the bank's account, that are sending or receiving the funds transfer instructions, gets operated at one centre, viz, Mumbai only. The individual branches participating in NEFT could be located anywhere across the country, as detailed in the list provided on our website.
Q.4. What is the funds availability schedule for the beneficiary?
Ans : The beneficiary gets the credit on the same Day or the next Day depending on the time of settlement.
Q.5. How does the NEFT system operate?
Step-1: The remitter fills in the NEFT Application form giving the particulars of the beneficiary (bank-branch, beneficiary's name, account type and account number) and authorises the branch to remit the specified amount to the beneficiary by raising a debit to the remitter's account. (This can also be done by using net banking services offered by some of the banks.)
Step-2: The remitting branch prepares a Structured Financial Messaging Solution (SFMS) message and sends it to its Service Centre for NEFT.
Step-3: The Service Centre forwards the same to the local RBI (National Clearing Cell, Mumbai) to be included for the next available settlement. Presently, NEFT is settled in six batches at 0900, 1100, 1200, 1300, 1500 and 1700 hours on weekdays and 0900, 1100 and 1200 hours on Saturdays
Step-4: The RBI at the clearing centre sorts the transactions bank-wise and prepares accounting entries of net debit or credit for passing on to the banks participating in the system. Thereafter, bank-wise remittance messages are transmitted to banks.
Step-5: The receiving banks process the remittance messages received from RBI and effect the credit to the beneficiaries' accounts.
Q.6. How is this NEFT System an improvement over the existing RBI-EFT System?
Ans : The RBI-EFT system is confined to the 15 centres where RBI is providing the facility, where as there is no such restriction in NEFT as it is based on the centralised concept. The detailed list of branches of various banks participating in NEFT system is available on our website. The system also uses the state-of-the-art technology for the communication, security etc, and thereby offers better customer service.
Q.7. How is it different from RTGS and EFT?
Ans : NEFT is an electronic payment system to transfer funds from any part of country to any other part of the country and works on Net settlement, unlike RTGS that works on gross settlement and EFT which is restricted to the fifteen centers only where RBI offices are located.
Q.8. Any limit on the amount of individual transaction?
Ans : There is no value limit for individual transactions.
Q.9. What about Processing Charges/Service Charges
Ans : While RBI has waived the processing charges till March 31, 2009. With a view to rationalize the service charges levied by banks for offering various electronic products, a broad framework has been mandated as under: –
a) Inward transactions – Free, no charge to be levied
b) Outward transactions –
Upto Rs. 1 lakh - not exceeding Rs.5 per transaction.
Rs. 1 lakh and above – not exceeding Rs. 25 per transaction.
Q.10. How will I know which are the branches participating in the NEFT?
Ans : RBI publishes the list of bank branches participating in the NEFT on its website i.e. https://www.rbi.org.in/scripts/neft.aspx
Q.11. What is IFS Code (IFSC)? How it is different from MICR code?
Ans : Indian Financial System Code (IFSC) is an alpha numeric code designed to uniquely identify the bank-branches in India. This is 11 digit code with first 4 characters representing the banks code, the next character reserved as control character (Presently 0 appears in the fifth position) and remaining 6 characters to identify the branch. The MICR code has 9 digits to identify the bank-branch.
Q.12. How I will know, what is the IFS Code of my bank-branch?
Ans : RBI had since advised all the banks to print IFSC on cheques leaves issued to their customers. You may also contact your bank-branch and get the IFS Code of that branch.
Q.13. Whom I can contact, in case of non-credit or delay in credit to the beneficiary account?
Ans : Contact your bank / branch. If the issue is not resolved satisfactorily, the Customer Service Department of RBI may be contacted on nefthelpdeskncc@rbi.org.in or write to -
The General Manager,
Reserve Bank of India,
National Clearing Centre
First Floor, Free Press House
Nariman Point
Mumbai – 400 027
Q.14. Is it necessary to have a bank account to originate the NEFT transaction?
Ans : Yes, NEFT is an account to account funds transfer system.
Q.15. Is it necessary that the beneficiary should have an account at the destination bank-branch?
Ans : Yes, NEFT is an account to account funds transfer system.
Q.16. Can I receive foreign remittances through NEFT?
Ans : This system can be used only for remitting Indian Rupee among the participating banks within the country.
Q.17. Can I send remittances abroad using the NEFT?
Ans : No
Q.18. Can I originate a transaction to receive funds from another account?
Ans : No
Q.19. Can I send/receive funds from/to NRI accounts?
Ans : Yes, subject to applicability of provisions of FEMA
Q.20. Would the customer receive an acknowledgement of money credited to the beneficiary?
Ans : No, however electronic acknowledgement is generated for the customer that his money is received by the beneficiary at the sender branch.
Q.21. Would the remitting customer get back the money if it is not credited to the beneficiary’s account?
Ans : Yes, the remitting customer gets back the money if it is not credited to the beneficiary account.
Q.22. Till what time NEFT service window is available?
Ans : There are six settlements at 0900, 1100, 1200, 1300, 1500 and 1700 hours on weekdays and 0900, 1100 and 1200 hours on Saturdays.
Q.23. What is the essential information that the remitting customer would have to furnish for the remittance to be effected?
Ans : The essential information that the remitting customer has to furnish is:
* Beneficiary details such as beneficiary name and account number
* Name and IFSC of the beneficiary bank branch.
Q.24. Is there any way a remitting customer can track the remittance transaction?
Ans : The remitting customer can track the remitting transaction through the remitting branch only, as the remitting branch is informed about the status of the remitted transactions.
RBI's Note Refund Rules
RBI (Note Refund) Rules, 1975 (as amended up to 1980).
The important operative provisions in the RBI Act 1934 and the RBI (Note Refund) Rules are as under:
Provisions in the Reserve Bank of
Section 28: Notwithstanding anything contained in any enactment or rule of law to the contrary, no person shall of right be entitled to recover from the Central Government or the Bank, the value of any lost, stolen, mutilated or imperfect currency note, provided that the Bank may, with the previous sanction of the Central Government, prescribe the circumstances in and the conditions and limitations subject to which the value of such currency notes or bank notes may be refunded as of grace and the rules made under this proviso shall be laid on the table of Parliament.
Section 58:
(1): The Central Board may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act to provide for all matters for which provision is necessary or convenient for the purpose of giving effect to the provisions of this Act.
(2): In particular and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the following matters, viz.-
(a) ……….
(b) ……….
(c) ……….
……………..
(q) the circumstances in which, and the conditions and limitations subject to which the value of any lost, stolen, mutilated or imperfect currency note of the Government of India or bank note may be refunded.
Provisions in the RBI (Note Refund) Rules:
In exercise of the powers conferred by the proviso to Section 28 of the Reserve Bank of India Act, 1934 (2 of 1934), read with clause (q) of the sub-section (2) and sub-section (1) of Section 58 of the said Act, the Central Board of Directors of the Reserve Bank of India, with the previous sanction of the Central Government hereby makes the following rules prescribing the circumstances in and the conditions and limitations subject to which, the value of lost, imperfect or mutilated notes may be refunded as a matter of grace.
Given below are the important provisions of the RBI (Note Refund) Rules, for the benefit of the members of the public.
Rule 2: Definitions:
In these rules,
(a) ‘Bank’ means the Reserve Bank of
(b) ‘Bank note’ means any note issued by the Bank, but does not include a Government note.
(ba) ‘Essential features’ means the features which are necessary for the identification of a note, namely:-
(i) the name of the issuing authority in Hindi or English, that is, Reserve Bank of India or Government of India, as the case may be;
(ii) the guarantee clause in Hindi or in English;
(iii) the promise clause in Hindi or in English;
(iv) the signature in Hindi or in English;
(v) the Ashoka Pillar emblem or the Mahatma Gandhi portrait, as the case may be;
(vi) the water mark of the Ashoka Pillar emblem or the Mahatma Gandhi portrait, as the case may be.
Explanation: The essential features of a note have been enumerated with a view to making the application of Rule 9 easier. The definition should be read with Rules 9(1)(a) and 9(2)(a). If any one of the Hindi or the English versions of an essential features is slightly damaged, but the other version is intact, the essential feature in question shall be deemed to be available on the note. In the case of the water-mark, minor damage should be ignored and in applying the Rules, if a major portion of the water-mark is identifiable, the water-mark may be treated as being available.
(d) ‘Half note’ means either portion of a note, which has been divided through or near the centre into two pieces, either vertically, that is to say, along a line parallel or nearly parallel to the width of the note or horizontally, that is to say, along a line parallel or nearly parallel to the length of note, provided that such portion is itself in one piece.
Explanation: In case of doubt where the mutilation caused to the note is irregular, area of a mutilated piece (note) should be measured by using a transparent plastic sheet on which square centimetres are etched. The plastic sheet should be placed on the note and number of squares counted to obtain the area of the piece. For the purpose of arriving at the total area, half the number of incomplete squares should be added to the number of complete squares. The dimensions of the current design notes are the following:
| Denomination | Length (cm) | Width (cm) | No. of squares (cm2) |
| 1 | 9.7 | 6.3 | 61 |
| 2 | 10.7 | 6.3 | 67 |
| 5 | 11.7 | 6.3 | 74 |
| 10 | 13.7 | 6.3 | 86 |
| 20 | 14.7 | 6.3 | 93 |
| 50 | 14.7 | 7.3 | 107 |
| 100 | 15.7 | 7.3 | 115 |
| 500 | 16.7 | 7.3 | 122 |
| 1000 | 17.7 | 7.3 | 129 |
(e) ‘Half the area’ means an area, which represents fifty percent of the total area of a note, including non-printed potions thereof;
(f) ‘Imperfect note’ means any note, which is wholly, or partially obliterated, altered or undecipherable but does not include a mutilated note;
(fa) ‘Major portion of the number’ means the prefix and any three digits of the number or, where the prefix is not identifiable, any four digits of the number;
Explanation:
(i) This definition should be read with Rules 9(1) (c), 9(2)(b), 9(2)(c) and 9(3);
(Complete number: 58V 569747)
Examples of major portion of the number:
58V 569xxx; 58V xxx747; 58V 5x9x4x; 58V xx974x; 58V 5xxx47; 58V 56xxx7; xxV 5697xx; 5xx xx9747; xxx 5x974x; xxx x697x7.
It should be noted that the entire prefix is treated as one unit.
(ii) Sometimes, a portion of a digit or letter of the alphabet may be missing. In such cases, if the visible portion can be identified with definiteness as belonging to a particular digit or letter to the exclusion of other digits/letters, the digit or letter may be treated as available.
Example:
(5),
(7),
(3)
(g) ‘Mutilated note’ means a note of which a portion is missing or which is composed of pieces;
Explanation: Note in two pieces having number(s) intact is now classified as a soiled note.
(i) ‘Number’ means the complete serial number of the note, namely the letters and numerals of the prefix and digits following the prefix;
(j) ‘Prescribed Officer’ means the officer in charge of the Issue Department at any Office or branch of the Bank or any other person designated by the Bank in this behalf.
Explanation:
The prescribed officer is the officer who has been authorised to pass or reject the mutilated notes under the Note Refund Rules.
Rule 3: Presentation and disposal of claims
1) A claim in respect of any note may be presented to the Issue Department of any office or of any branch of the Bank.
Note: Reserve Bank of India has also authorised public sector bank branches and designated branches of other banks having currency chests (list available on websites of Regional Offices of the Bank) to accept and exchange mutilated notes under these Rules.
Rule 4: Right to call for information or to hold enquiries
The prescribed officers either at the designated commercial bank branches or the Reserve Bank of
Rule 5: General provisions in relation to all claims
(1) A claim in respect of a note, which is alleged to have been stolen, shall not be entertained.
Note: If a prescribed officer is satisfied that a mutilated note presented to him is one which appears to have been cancelled at any office of the RBI or claim on which appears to have already been paid under these Rules, he may reject the claim on such note after making enquiries under Rule 4 above.
(2) A claim in respect of a note -
i) which cannot be identified with certainty by the prescribed officer as a genuine note for which the Bank is liable under the Reserve Bank of India Act; or
ii) which in the opinion of the prescribed officer has been made imperfect or has been mutilated, with a view to making it appear to be of a higher denomination, or has been deliberately cut, torn, defaced, altered or dealt with in any other manner, not necessarily by the claimants, with a view to establishing a false claim under these rules or otherwise to defraud the Bank or the public, or
Explanation: This rule is used in cases where a deliberate intention appears, but the note/s cannot be rejected under any other rule of these Rules. Hand-printed portions joined with parts of genuine notes are rejected under Rule 5(2)(ii).
ii) which carries any extrinsic words or visible representations intended to convey or capable of conveying any message of a political character, or
iii) which has been imported into
iv) in respect of which the value is payable not by the Bank but by some other authority, or
v) in relation to which any information, which is called for by the prescribed officer or the Bank as the case may be, is not furnished by a claimant within a period of three months from the date of receipt of the notice or letter asking for the information, shall be rejected.
Rule 7: Imperfect notes
The value of an imperfect note of a denomination of one thousand rupees or less may be paid, if
a) the matter, which is printed on the note, including the number or numbers, has not become totally undecipherable, and
b) the prescribed officer is satisfied, having regard to the printed matter which is decipherable on the note, that it is a genuine note.
Explanation: This rule refers to notes which are entire (i.e. not mutilated) but are wholly or partially obliterated. The guiding principle is that the notes should be established as being genuine Indian currency notes. In some cases, numbers of the notes may not be traceable. Payablity of such notes is decided on the basis of other printed matter available on the note including the watermark which is generally available even on washed notes.
Rules 9: Mutilated bank notes:
(1) The value of a mutilated bank note of a denomination of one thousand rupees or less, on which the number is printed at one place only may be paid, if-
a) the note presented is in not more than two pieces and of which no essential feature is missing and the complete number can also be identified in an undivided area on one of the pieces; or
b) the piece, or one of the pieces presented, has an undivided area which is not less than half the area of the note and the complete number can also be identified in an undivided area on such piece; or
c) the note presented is in pieces none of which may even comprise half the area of the note, but all the pieces presented can be identified as belonging to the same note and all the pieces taken together have an area which is not less than half the area of the note and a major portion of the number can also be identified in an undivided area on one of the pieces.
Explanation: Rule 9 (1) applies to the single numbered notes i.e. notes of Re.1, Rs.2 and Rs.5 denominations. The conditions to be satisfied for payment of notes under this Rule are as under:
| S. No. | 9(1)(a) | 9(1)(b) | 9(1)(c) |
| 1. | Note is in one or two pieces. | Note is in one piece or in more than one piece. | Note is in pieces. |
| 2. | All essential features are present (even if partially). | Complete undivided number is available on one piece. | Major portion of the number is available in an undivided area on one of the pieces. |
| 3. | Complete undivided number is available on one piece. | The piece on which full number is available is not less than half the area of the note. | All the pieces belong to the same note. |
The sub-rules are applied to a mutilated note one after another to see whether the claim on it is payable under any of them i.e. if a particular note is not payable, say, under sub-rule 9(a), the possibility of its being payable under sub-rule (b) is examined, and if it is not payable even under sub-rule (b), the possibility of its being payable under sub-rule (c) is examined.
(i) If only one piece is presented and it is of an area less than half the area of a note, claim is rejected (cf. Rule 9(1) (b)).
(ii) If a note is in pieces and major portion of the number is not identifiable in an undivided area on one of the pieces, claim is rejected {cf. Rule 9(1) (c)).
(iii) If a note is in pieces none of which is more than half the area of the note and the pieces presented cannot be identified as belonging to the same note, claim is rejected {cf. Rule 9(1) (c)).
(iv) If a note is in pieces and the pieces can be identified as belonging to the same note, but the pieces presented together form an area less than half the area of the note, claim is rejected cf. {Rule 9(1)(c)).
2) The value of a mutilated bank note of a denomination of one thousand
rupees or less, on which the number is printed at two places may be paid, if
(a) the note presented is in not more than two pieces and of which no essential feature is missing and both the pieces can be identified as belonging to the same note and the complete number can be identified in an undivided area at each of the two pieces at which it is printed; or
b) the piece, or one of the pieces presented, has an undivided area which is not less than three-fourths the area of the note and a major portion of the number can be identified on such piece in an undivided area at each of the two places at which it is printed; or
c) the note presented is in pieces none of which may even comprise half the area of the note but all the pieces presented can be identified as belonging to the same note and all the pieces taken together have an area which is not less than half the area of the note and a major portion of the number can also be identified in an undivided area at each of the two places at which it is printed.
Explanation: Rule 9 (2) applies to the double numbered notes i.e. notes in the denominations of Rs. 10 and above. The conditions to be satisfied for payment of notes under this Rule are as under:
| S. No. | 9(2)(a) | 9(2)(b) | 9(2)(c) |
| 1. | Note is in one or two pieces. | Note is in one piece or in more than one piece. | Note is in pieces. |
| 2. | All essential features are present (even if partially). | Major portion of the number is available at the both the places on one undivided piece. | All the pieces belong to the same note. |
| 3. | Complete undivided number is available at both places on the same piece or on the two pieces. | This piece is not less than three-fourth the area of the note. | Major portion of the number is available in an undivided area at both the places (even if in two separate pieces). |
| 4. | Both the pieces belong to the same note. | - | All the pieces taken together form not less than half the area of the note. |
The sub-rules are applied to the note one after another to see whether the claim on the note is payable for full value under any of them i.e. if a particular note is not payable, say under sub-rule (a), the possibility of it being payable under sub-rule (b) is examined, and if it is not payable even under sub-rule (b), the possibility of it being payable under sub-rule (c) is examined. If a note is not found payable for full value under any of these sub-rules, only then it is examined to see whether it is payable for half value under Rule 9 (3).
(i) If on a note, the number at both places is available on one piece measuring not less than three-fourth the area of the note, but the number is not the major portion of the number at both places; the claim is rejected (cf. Rule 9(2) (b)). If on the other hand, the number is the major portion at one of the two places, half value is paid under Rule 9(3).
(ii) If a note is in pieces and together the pieces form an area more than half the area of the note, but the pieces cannot be identified as belonging to the same note, claim is rejected (Rule 9(2)(c)).
(iii) If a note is in pieces and the pieces can be identified as belonging to the same note, but the pieces presented together form an area less than half the area of a note, claim is rejected (Rule 9(2)(c)).
3) Half the face value of a mutilated bank note of a denomination of one thousand rupees or less on which the number is printed at two places may be paid, if, the piece, or one of the pieces presented, has an undivided area which is not less than half the area of the note and a major portion of the number can also be identified on such piece atleast at one of the places at which it is printed.
Explanation: This rule applies to double-numbered notes i.e. notes in the denominations of Rs. 10 and above. The conditions to be satisfied for payment of half value on such notes are as under:
i) The piece or one of the pieces presented has an undivided area, not less than half the area of the note and
ii) Major portion of the number (i.e. one of the two numbers) is available on such piece.
If one of the pieces qualifies for payment of half value, the other piece or pieces even if not belonging to the same note, are ignored.
A note is considered for payment of half value only when full value is not found payable on it under Rule 9(2).
4) A claim for the full value of a mutilated bank note of a denomination of one thousand rupees or less on which the number is printed at two places shall, if the note as presented has been formed by joining a half note of another note, be dealt with under sub-rule (3) as if there were separate claims in respect of each of the two half notes.
Explanation: This rule is a corollary to Rule 9 (3) and is also applicable only to double-numbered notes. Each of the two, either vertically or horizontally divided half notes is treated as independent notes and claim dealt with under Rule 9(3).
(i) The number is the sole feature that is used for distinguishing one note from another. Hence the emphasis is on the number or its major portion.
(ii) If the major portion of the number of a double-numbered note is available at both places on one undivided area measuring at least ¾th the area of the note, the claim is paid ignoring the remaining portion of the note, whether presented or not (Rule 9(2)(b)).
Rule 20: Claimants to be bound by rules
1) For the removal of doubts, it is hereby declared that any payment which is provided for under these rules shall be made only as of grace and that the Bank may from time to time issue for the guidance of the prescribed officers such supplementary or detailed instructions for carrying out the provisions of these rules as it may deem fit.
2) Any person who makes any claim on account of an imperfect or mutilated note shall be deemed to have made the said claim under the proviso to Section 28 of the Reserve Bank of India Act and subject to the provisions of these rules, which shall be deemed to be binding on all claimants and their heirs or assigns.
Rule 21: Decision of the prescribed officer or the Bank
If any question arises whether a note or any portion presented is an imperfect or mutilated note or is divided vertically or horizontally through or near the centre or has clearly more than half the area of a whole note or is a half note or whether all the pieces of a note or a portion thereof as presented belong or belongs to the same note, or whether a note is payable under any of the provisions of these rules, the prescribed officer or the Bank shall be entitled to determine the question, having regard to the provisions in the foregoing rules and the condition of the note, and a note shall not be payable unless the conditions specified in these rules have been clearly satisfied in the opinion of the prescribed officer or the Bank.
The decision of the prescribed officer or the Bank in regard to any claim under these rules shall be final and no appeal from the said decision shall lie to any other officer or authority.
Rule 22: Retention and destruction of notes
(2) Any note presented in connection with a claim under these rules shall, whatever be the denomination of the note or the prescribed officer’s decision on the claim, be retained by the Bank and destroyed or otherwise disposed of -
a) in the case of a note in respect of which any payment is made, at any time after the payment, and
b) in the case of a note in respect of which no payment is made, on the expiry of a period of three months from the date of the decision rejecting the claim.
For further details or any clarifications, please contact helpdcm@rbi.org.in or The Chief General Manager, Department of Currency Management, Reserve Bank of India, Central Office, 21st Floor, Post Box No. 1379, Shahid Bhagat Singh Marg, Mumbai – 400 001.