18-Nov-2022: TRAI releases recommendations on “Regulatory Framework for Promoting Data Economy Through Establishment of Data Centres, Content Delivery Networks, and Interconnect Exchanges in India”

The Telecom Regulatory Authority of India (TRAI) has today released its recommendations on ‘Regulatory Framework for Promoting Data Economy Through Establishment of Data Centres (DCs), Content Delivery Networks (CDNs), and Interconnect Exchanges (IXPs) in India’.

National Digital Communications Policy (NDCP) 2018 under strategy, provision number 2.2(f). (i)envisages “Evolving enabling regulatory frameworks and incentives for promoting the establishment of International Data Centres, Content Delivery Networks, and Independent Interconnect exchanges in India”.

Accordingly, the Authority Suo-moto issued detailed Consultation Paper (CP) on the subject and after considering the comments/ inputs received from the stakeholders during consultation process and further analysis of the issues, Authority has finalized these Recommendations to boost to digital infrastructure ecosystem in the country including DCs, CDNs and IXPs. The salient features of the recommendations are as follows:

Data Centres

Facilitating & Incentivizing establishment of Data Centres (DCs) and DC Parks

  • Authority has recommended to bring out Data Centre Incentivization Scheme (DCIS) for establishing Data Centres (DCs) and Data Centre Parks (Dc Parks). DCIS to have two list of incentives –
    1. Certain Centre specific fiscal and non-fiscal incentives and can be rolled out by the Central Government.
    2. The other in form of a guideline to the States; leaving flexibility to States to announce fiscal incentives through their policies.
  • Operationalizing a Data Centre specific portal on National Single Window System (NSWS) for -
    1. Time-bound single window clearances with provision for deemed approval after elapse of prescribed timelines for non-critical category permissions
    2. Mandatory online registration of new DCs/DC Park operators without any obligation or registration fees. This will be purely for statistical and record purposes.
    3. Issue of notifications, announcement of schemes & benefits, facility to interact and respond to queries of potential investors, and grievance redressal of existing and prospective DC/DC Park operators.
  • A national level DC Readiness Index (DCRI) framework to be implemented by Central Government to rank Indian states as per their suitability to promote DC sector. An indicative list of parameters and their weightages for ranking the States has been suggested.
  • Central Government should prepare guidelines listing out the incentives for the Data Centres and DC Parks for the states that have scanty DC footprints, in line with other advanced states. The scheme should, inter-alia, offer incentives in form of land, capital subsidy and Interest subsidy. In such a scheme, while the land may be offered by respective states, the expenses on other offered incentives including capital and interest should have at least 75% contribution from central government.
  • Establish DC Economic Zones (DCEZs) - Out of suggested list of 33 SEZs which are located in areas with abandon power and water, one SEZ can be identified each in State of Andhra Pradesh, Kerala, Karnataka, Maharashtra, Haryana, UP, MP, Gujarat, Rajasthan, and Odisha, for either converting them into DCEZs or for carving out zones out of these SEZs for establishing DCs/DC parks.

Developing India specific building norms, standards, and security certification framework

  • BIS should be entrusted upon for developing different India-specific building standard for construction of DCs and to develop India specific standard-based certification framework for the DCs.
  • For addressing security aspects of DCs, TEC and STQC should jointly work to develop DC security certification framework based on third party Audits.

Connectivity to Cable Landing Stations (CLS)

  • For coastal states intending to promote setting up of new CLS, it has been recommended that they may consider incentives and facilitations of CLSs as has been undertaken by State of Gujarat in its IT/ITeS Policy 2022-27.
  • For laying and maintaining OFC infrastructure to CLS, RoW charges may be waived off.

Power related

  • DoT to take up with Ministry of Power to look into the submissions made by stakeholders for formulation of a DC conducive yet simplified framework for power addressing the issues that have been flagged in the recommendations, inter-alia, including:
    1. Energy banking provisions for DC/ DC park operators who opt to produce renewal energy for consumption for DC/ DC Parks should be extended to yearly basis.
    2. Providing land on priority and on concessional rates to DC/ DC park operators for establishing solar power plants.
  • DC and DC Park sites should be allowed to operate as backup power infrastructure without any hindrance from state pollution control boards (SPCB) or Central pollution control board (CPCB).

Promoting Green DCs

  • Indian Green Building Council (IGBC) along with Telecommunication Engineering Centre (TEC) should be entrusted with task of framing certification standards of green DCs in India.
  • Government should form a scheme to invite Requests for Proposal (RFP) on an experimental basis for new technology/methods/processes that can be adopted for promoting green DCs.

Capacity Building

  • National Telecom Institute for Policy Research & Training (NTIPRIT) under Department of Telecommunication (DoT), MeitY, All India Council for technical Education (AICTE) and Telecom Sector Skill Council (TSSC) should closely collaborate with DC industry to develop tailor-made short and long-term courses. A suggestive list of DC related courses at diploma, undergraduate and post-graduate level has also been recommended.

Addressing demand side issues of Digital Data Infrastructure –

  • Data digitization, sharing and monetization – A statutory body Data Digitization and Monetization Council (DDMC) for steering the data digitization drive be prescribed at the Centre,
  • Data Ownership – Government should put in place a data sharing and consent management framework on lines of DEPA framework to provide telecom subscribers consent based option to share their KYC data with recipient TSP when they port their numbers.
  • Data Ethics – DDMC should also be entrusted with responsibility of putting in place an overarching framework for ethical use of data both by Government as well as by corporate in India. The framework should address the generic as well as vertical sector specific requirements.

Content Delivery Networks (CDNs)

  • CDNs play an important role in the value chain of content delivery ecosystem. The internet traffic, which was earlier being delivered by ISPs alone, is now being delivered by ISP and CDN combined. ISPs perform load balancing, traffic engineering and offers guaranteed quality of service to end users. CDN Players also leverage various techniques like load balancing, caching, optimization, use of security protocols, etc. for ensuring better delivery of content to end users in association with TSPs. CDN players are major contributors to the network traffic and can affect the overall quality of service. Accordingly, TRAI, in its consultation process, had discussed various CDN-ISP interconnection and collaboration related policy and regulatory concerns. Issues related to challenges for establishing CDN in the country and how CDN Industry can be incentivized, were also discussed.
  • To address these issues, TRAI has recommended that CDN players should be registered with DoT through a simple online registration process. The suggestive draft for guidelines for registration of CDN players along with registration form and registration certificate has been recommended with one time registration fee of Rs 10,000.
  • The incentives recommended for DCs should also help in proliferation of CDNs in the country and this would in turn provide the boost to digital infrastructure ecosystem, including CDNs and IXPs.

Interconnect Exchanges Providers (IXPs)

  • Currently, IXPs are required to obtain Internet Service Providers (ISPs) license which has several onerous licensing conditions related to subscriber verification, security etc. which are not relevant to them. This creates artificial entry barriers. To address this issue and promote setting up of more IXPs, especially in Tier-II and Tier-III cities, TRAI has recommended that a separate authorization in Unified License may be created for IXPs with terms and conditions that are much less onerous than ISP license authorization.

Recommended terms and conditions include the following:

 License Fee

Minimum

Equity

Minimum

Net worth

Entry Fee (Rs.)

PBG

(Rs.)

FBG

(Rs.)

Application Processing Fee (Rs.)

NIL

Nil

Nil

20,000

10,000

2,000

10,000

  • All existing players, including, NIXI should be brought within this licensing framework in a stipulated time not exceeding six months.
  • Government should extend the existing list of products under PLI and PPP-PMI schemes to explicitly include classifications of equipment related to CDN and IXP.

The recommendations have been placed on TRAI's website www.trai.gov.in. For any clarification/information, Shri Sanjeev Kumar Sharma, Advisor (Broadband and Policy Analysis), TRAI may be contacted at Tel. No. +91-11-23236119.

16-Nov-2022: TRAI organises Conference on ‘Rating of Buildings or Areas for Digital Connectivity’

The Telecom Regulatory Authority of India (TRAI) has organized a Conference on "Rating of Buildings or Areas for Digital Connectivity", here today. In the year 2022, when country is celebrating Azadi ka Amrit Mahotsav, TRAI has also completed 25-years of its existence. The Conference is organized as a part its year-long silver Jubilee celebration.

The Conference was inaugurated by the Chairman TRAI, Dr. P.D. Vaghela and the session was graced by the presence of Member Technology DCC DoT, Member TRAI and senior Officers from Ministry of Housing and Urban Affairs, Department of Telecommunication, Town and Country Planning Organisation, various State Governments, Development Authorities, NAREDCO, BIS, BEE, representative from telecom and real estate Industry etc. 

The conference was organised in the spirit of the proactive role of TRAI to work in collaboration with industry and other stakeholders and ensure good Quality Telecom Services are delivered to the consumers inside the building keeping pace with the new and emerging technologies. In this regard, TRAI had issued a consultation paper on Rating of Buildings or Areas for Digital Connectivity, on 25th March 2022, wherein extensive participation from various stakeholders is witnessed. The stakeholders submitted inputs and comments on the issues raised and also shared their thoughts in Open House Session.

Chairman TRAI, Dr. P.D. Vaghela in his keynote and Inaugural address, put forth the background of the conference and underlined the importance of good digital connectivity, in present era. We all have adopted to this new norm of life of performing our day-to-day tasks through online mode and for this we require good digital connectivity in every nook and corner of the apartment. For providing digital connectivity in indoor areas, TSPs actions alone will not suffice rather close collaboration and coordination among multitude of agencies/ stakeholders from telecom side, real estate sector, permission granting authorities etc., is required for this new eco system to work effectively. Chairman TRAI, advocated for close coordination among various stakeholders for ensuring co-design and co-creation of Digital Connectivity Infrastructure along with building plan. There should be necessary provisions in Building bye-laws for co-creation of DCI and standards in the National Building Code of India. He urged all the three tiers of the Government i.e. Center, State and Local Governments, to update their bye-laws/ housing acts to make provision for robust, effective and efficient digital connectivity infrastructure for real delightful experience of end users.

Chairman TRAI also advocated to create a win-win situation to builder, telecom service providers and end users’ experience, by creating a framework for benchmarking of buildings in terms of Digital Connectivity experience rating. The rating widely published shall attract buyers and thereby enable service providers and builders to add values to their services or properties.

The deliberations at the conference were held in three sessions. The first session focused on Quest for Good Digital Connectivity and the speakers from DoT, TCPO, BEE, UL Standards and Engagements Inc. and DIPA shared their views. The second session was on Digital tools and Platforms for DCI players wherein speakers from Telecom Industry, iBwave, Ericsson and Deloitte presented their thoughts on varied topics. The third session was dedicated to Panel Discussions in which apart from TRAI officers, experts from NAREDCO, TEC, NTIPRIT, TCPO, COAI, UL Standards, ISPAI etc., participated and deliberated on the issues.

The conference was successful in getting quality inputs from the stakeholders of various organisations and TRAI shall consider these while finalising its recommendations on this topic.

3-Oct-2022: TRAI organises seminar on “Emerging Trends in Broadcasting Sector” at IMC 2022

In the year 2022, when the country is celebrating Azadi ka Amrit Mahotsav, Telecom Regulatory Authority of India (TRAI) has also completed 25 years of its existence. In continuance of its silver jubilee celebrations, on the esteemed platform provided by the India Mobile Congress, TRAI today organized a seminar on “Emerging Trends in Broadcasting Sector”. This seminar had been organized in the backdrop of the recent technological developments in the sector and their impact.

The seminar was inaugurated by Chairman, TRAI, Dr PD Vaghela, in a well-attended inaugural session. The inaugural session was graced by the honourable presence of Shri T Mano Thangaraj, Minister for Information Technology and Digital Services, Government of Tamil Nadu, Secretary MIB, Shri Apurva Chandra and Secretary, DoT, Shri K Rajaraman.

While delivering his welcome address, Shri V Raghunandan, Secretary, TRAI underlined that today’s seminar was in the furtherance of the attempts of TRAI to foster new deliberations and discussions in the sector in order to recognise the required changes in the regulatory framework in the light of new developments in the sector.

Shri Rajaraman, Secretary DoT, highlighted the role of broadcasting sector during the pandemic. He emphasized that with the technological developments, affordability of the broadcasting services and inclusion can be further improved upon. Further, Shri Apurva Chandra, Secretary MIB, underlined opening up of new paradigms and avenues in various sectors with the technological developments in the broadcasting, for instance, immersive learning in education sector. He further raised the policy issues and challenges raised by such new developments and traced the need to update the legal and regulatory regime in the light of the same.

Ms. Meenakshi Gupta, Member, TRAI delivering her keynote address presented a snapshot of the trends in the media and entertainment sector. She highlighted the alterations in the dynamics of the sector being witnessed in the light of emergence of digital media. In his inaugural address, Chairman, TRAI, Dr. PD Vaghela put forth the background of the seminar. He underlined the need for balancing the interests of the stakeholders in the light of technological, economic and social developments. He further highlighted some of emerging technologies in the sector, such as metaverse, 5G broadcasting, multiple screens same content, automated journalism etc.  Chairman, TRAI feels that there is a scope for easing the regulatory framework further in phases.

The deliberations in the seminar were divided in two sessions. The forenoon session focused on level playing field, de-regulating linear broadcasting, enabling new age content players and light touch policy and regulatory framework.

The second session covered role of broadcasting in education, radio broadcasting and issues arising due to convergence in light of recent developments in the media and entertainment sector.

The seminar was organized in the spirit of the pro-active role of TRAI to work in collaboration with the industry and other stakeholders, and ensure that the regulatory framework fosters and not hinders new technological developments and their adoption. The seminar was successful in developing a foundational understanding of the emerging trends and foster discussions on their impact on the current regime, not only from the perspective of the regulatory regime but also from the perspective of the stakeholders as a whole.

17-May-2022: PM addresses programme marking silver jubilee celebrations of TRAI

Prime Minister Shri Narendra Modi addressed a programme marking the silver jubilee celebrations of the Telecom Regulatory Authority of India (TRAI) today via video conferencing. He also released a postal stamp to commemorate the occasion. Union Ministers Shri Ashwini Vaishnaw, Shri Devusinh Chauhan and Shri L. Murugan and the leaders of telecom and broadcasting sectors were among those present on the occasion.

Addressing the gathering, the Prime Minister said the self-made 5G Test Bed that he dedicated to the nation today, is an important step toward self-reliance in critical and modern technology in the telecom sector. He congratulated all those associated with this project including the  IITs. “The country's own 5G standard has been made in the form of 5Gi, it is a matter of great pride for the country. It will play a big role in bringing 5G technology to the villages of the country”, he said.

The Prime Minister said that connectivity will determine the pace of progress in 21st century India. Therefore connectivity has to be modernized at every level. 5G technology, he continued,  is also going to bring positive changes in the governance of the country, ease of living and ease of doing business. This will boost growth in every sector like agriculture, health, education, infrastructure and logistics. This will also increase convenience and create many employment opportunities. For rapid roll-out of 5G, efforts of both the government and industry are needed, he added.

The Prime Minister cited the telecom sector as a great example of how self-reliance and healthy competition create a multiplier effect in society and the economy. Coming out of the despair, frustration, corruption and policy paralysis of the 2G era, the country has moved rapidly from 3G to 4G and now 5G and 6G.

The Prime Minister noted that in the last 8 years, new energy was infused into the telecom sector with the ‘Panchamrita’ of Reach, Reform, Regulate, Respond and Revolutionise. He credited TRAI for playing a very important role in this. The Prime Minister said now the country is going beyond thinking in silos and moving ahead with the ‘whole of the government approach’. Today we are expanding the fastest in the world in terms of tele density and internet users in the country, many sectors including telecom have played a role in it, he said.

The Prime Minister said to make the mobile accessible to the poorest of the poor families, emphasis was placed on the manufacturing of mobile phones in the country itself. The result was that the mobile manufacturing units increased from 2 to more than 200.

The Prime Minister noted that today India is connecting every village in the country with optical fibre. He added that before 2014, not even 100 village panchayats in India were provided with optical fibre connectivity. Today we have made broadband connectivity reach about 1.75 lakh gram panchayats. Hundreds of government services are reaching the villages because of this.

The Prime Minister said that the ‘whole of government approach’ is important for the regulators like TRAI also for meeting the present and future challenges. “Today regulation is not limited to the boundaries of just one sector. Technology is inter-connecting different sectors. That's why today everyone is experiencing the need for collaborative regulation. For this it is necessary that all the regulators come together, develop common platforms and find solutions for better coordination”, the Prime Minister said.

7-Aug-2018: TRAI integrates its Mobile App DND 2.0 & MyCall with UMANG Platform

Policy initiatives of TRAI, over the years, have been to protect the interests of the consumers. Recognizing the importance of reaching out to the consumers and to safeguard their interests, TRAI has now integrated its Mobile Apps namely DND 2.0 & MyCall with UMANG Platform.

UMANG (Unified Mobile Application for New-age Governance) is developed by National e-Governance Division (NeGD), Ministry of Electronics and Information Technology (MeitY). UMANG provides a single platform for all Indian Citizens to access pan India e-Gov services ranging from Central to Local Government bodies and other citizen centric services. It provides a unified approach where citizens can install one application to avail multiple government services. From now onwards, TRAI’s Mobile Apps namely DND 2.0 &MyCall shall also be available on Umang Platform.

Presently, Umang has more than 50 lakhs downloads and TRAI apps individually have more than 4 lakhs downloads. With a view to increase reachability and facilitate citizens, NeGD and TRAI have integrated DND 2.0 and My Call App on UMANG Android platform (App). Consumers having Android phones can either download the TRAI apps individually from Google Playstore or can Access it directly from the Umang application.

Chairperson, TRAI launched integration and availability of following TRAI apps in a function held at TRAI, New Delhi today. Certain key features of these applications are:

(a) TRAI MyCall App: TRAI MyCall is an intuitive and user friendly application for Crowdsourced Voice Call Quality Monitoring. The Application helps Mobile phone users to rate their experience about voice call quality in real time and help TRAI gather consumer experience data along with Network data.

A pop up requests the user to rate the call after it ends. Callers simply select their rating in the form of stars and indicate if the calls were made in indoor, outdoor or while travelling. Callerscan also provide additional details such as noise or audio delay or mark a call-drop.

(b) DND 2.0 App: DND (Do Not Disturb) Services App enables smart phone users to register their mobile number under DND and report spam messages or calls to avoid Unsolicited Commercial Communication (UCC)/Telemarketing Calls/SMS.

3-Jan-2018: TRAI issues new interconnectivity rules

The telecom regulator has directed phone companies to ink interconnect pacts on a nondiscriminatory basis within 30 days of receiving a request from any licensed carrier, and fixed a fine of up to Rs 1 lakh a day per circle for those violating the new rules around network connectivity.

The Telecom Regulatory Authority of India (TRAI) issued the Telecommunication Interconnection Regulations, 2018, that are effective from February 1. It lays down the ground rules for Telecom companies to enter into initial interconnect pacts, provision points of interconnection (POIs) needed to complete calls, undertake augmentation of such points and the associated charges.

Under the new rules, a telco receiving an interconnection request has to offer a draft interconnect pact within five days to the requestor, who, in turn, can submit suggestions/objections in the next five days. Currently, there is no explicit timeline for inking of interconnect agreements.

Telcos flouting TRAI’s interconnection regulations would “be liable to pay an amount, by way of financial disincentive”, capped at Rs 1 lakh per day per licensed service area. A telco seeking POIs will be liable to furnish a six-month bank guarantee from the date of initial interconnection for the total number of ports sought, if such a demand is made by the telco offering interconnection.

The regulator, however, said interconnection levies such as set-up charges and infrastructure charges “may be mutually negotiated” between service providers as long as they are “reasonable, transparent and non-discriminatory”. But TRAI has mandated a detailed process for disconnection of POIs, directing a telco to initially issue a show cause notice of 15 working days citing reasons for the same.

26-Jul-2022: Central Consumer Protection Authority completes two years of glorious establishment

The Central Consumer Protection Authority (CCPA) has initiated country-wide campaign to prevent sale of spurious and counterfeit goods that violate Quality Control Orders (QCOs) published by the Central Government and raise awareness and consciousness among consumers to purchase goods that conform to BIS Standards, informed Ms. Nidhi Khare, Chief Commissioner CCPA here today.

CCPA completed its two years of glorious establishment on July 24, 2022. While addressing media persons, Ms. Khare said that CCPA so far has issued 129 notices, 71 for misleading, 49 for unfair trade practice, and 9 for violation of consumer rights. The first Safety Notice was issued with regard to Helmets, Pressure Cookers and Cooking gas cylinders and the second Safety Notice was issued with regard to household goods including electric immersion water heaters, sewing machines, microwave ovens, domestic gas stoves with LPG etc.

CCPA has also issued Safety Notices to alert consumers against buying household goods which do not have valid ISI mark, like electric immersion water heater, sewing machine, aluminum foil for food packaging etc. Violation of compulsory standards for such goods endangers public safety putting consumers at the risk of suffering severe harm or injury. In furtherance of the campaign, CCPA has taken Suo-moto cognizance against e-commerce entities found to be selling Pressure Cookers in violation of the Domestic Pressure Cooker (Quality Control) Order, 2020 issued by the Central Government under Section 16 (1) of the BIS Act, 2016 on 21st January 2020.

The power of CCPA to take Class action is a unique feature that was not present in the previous Consumer Protection Act, of 1986. Before the 2019 Act, there was no mechanism to deal with issues of unfair trade practices and misleading advertisements which impacted consumers as a class. As a result, such practices continued unrestrained, without any accountability. The establishment of the Central Consumer Protection Authority (CCPA), with powers to pass orders of discontinuation of practices that are unfair and prejudicial to consumers’ interests and impose penalties in case of false or misleading advertisements is another means of relief to the consumers apart from approaching the commissions. CCPA through class action protects the right of the consumers even the sleeping consumers who are unaware of their rights.

The break of a pandemic in 2020 gave birth to the fear in the hearts of the consumers which was exploited by many companies through misleading advertisements on which the CCPA Suo moto took cognizance and issued notices to such defaulting companies. Covid-19 has also brought in a drastic shift of the consumers to the online marketplace. In the wake of consumer sensitivity around the Covid-19 pandemic, stringent action against various companies for misleading advertisements has been taken whereby 15 companies withdrew their advertisements and 3 companies made corrective advertisements.

CCPA has ordered discontinuation of advertisements of Sensodyne products which make the claims “Recommended by dentists worldwide” and “World’s No.1 sensitivity toothpaste” within seven days and “clinically proven relief, works in 60 seconds” where CCPA directed payment of a penalty of ₹10 lakh and the penalty has been paid. Also, advertisements which show endorsements by foreign dentists have been ordered to be discontinued as per the earlier order passed by CCPA.

Further, CCPA has directed the discontinuation of ‘Sure Vision’ advertisement and imposed a penalty of Rs 10 Lakh over false and misleading claim which has been paid by Sure Vision. The order was passed against Sure Vision India regarding misleading advertisements for its product "Sure Vision" which claims that " Sure Vision improves eyesight naturally; Eliminates eye strains; Exercise the culinary muscles; World's best unisex correction apparatus". The company was not able to substantiate its claims related to the efficacy of the product made out in the advertisement. And the penalty of Rs. 10,00,000 was also imposed on the Naaptol regarding ‘Magnetic Knee Support’, ‘Acupressure Yoga Slippers/Acupressure massage slippers’, and ‘Gold jewelry of Rs. 200’ for making false claims regarding their product without any scientific credibility/reports. 

To protect the consumers on E-commerce websites the CCPA issued an advisory to all the E-commerce market places to disclose the details of the seller and complete details of the product being sold on such websites. The CCPA is also working to develop a framework to check fake reviews on E-Commerce websites. For this, a Committee involving all the stakeholders has been constituted. In his regard, the CCPA has imposed a penalty of Rs. 1,00,000 on Paytm Mall which is paid, for listing pressure cookers on its platform despite the product do not conform to compulsory BIS standards.

Central Consumer Protection Authority has issued notice to Ola and Uber on violation of consumer rights and unfair trade practices. In addition, the issues raised were lack of proper consumer grievance redressal mechanism, deficiency in service, unreasonable levy of cancellation charges and fairness of algorithm used to charge fares among major issues raised by CCPA. Further, Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 were also issued. The guidelines seek to ensure that consumers are not being fooled with unsubstantiated claims, exaggerated promises, misinformation, and false claims.

Compulsory payment of the Service Charge is one of the major issues faced by the consumers on which the CCPA has issued Guidelines on Service Charge making it to be paid voluntarily/optional by the consumer. The CCPA also keeps its focus on the health of the consumers in this regard an Advisory to e-commerce entities is issued by the authority for stopping the sale of Ayurvedic, Siddha, and Unani drugs without a valid prescription of a registered Ayurveda, Siddha, or Unani practitioner. Advisory on the wireless jammers is also a stone turned in the way of consumer protection the e-commerce platforms are hereby advised to refrain from selling or facilitating the sale of any kind of wireless jammers.

The CCPA in lieu of the Honourable Prime Minister Narender Modi Ji’s LiFE movement (Lifestyle for Environment) in India i.e. reduce, reuse and recycle of the products, observed that countries like the USA, the U.K., and Unions like European Union have enforced the reformative law on the Right to Repair for protecting the rights of consumers and making a fair play in the market, the need was felt in India as well. All types of reuse require repair, and even the sustainable life of the products depends on it.

In addition to becoming e-waste, devices that cannot be repaired or fall under planned obsolescence, or creating a product with an artificially limited useful life, drive consumers to acquire new products because they cannot be repaired to be reused. Therefore, limiting product repair forces the buyer to consciously choose a new model of that product. As a result, the authority is working towards bringing in the framework on Right to Repair so as to reduce e-waste. The "Right to Repair" concept is based on the idea that a product must be completely owned by the person who owns it in order for them to be able to repair and improve it as they see fit. Additionally, the components of products should be made available to third-party repairers.

The CCPA does not aim at curbing innovation or putting restrictions on the companies but works towards building such an ecosystem that promotes the business as well as protection of the consumer’s rights. CCPA has taken active steps in modernizing the legal framework on consumer protection to keep pace with the changes in markets to ensure fair, equitable, and consistent outcomes for consumers

On its anniversary CCPA celebrates another year of glorious success in the protection and promotion of consumer rights as a class in this ever-changing marketplace. With the emergence of global supply chains, rise in international trade and the rapid development of e-commerce, new options and opportunities became available to consumers. Consequently, this also made consumers susceptible to new forms of unfair trade and unethical business practices. Misleading advertisements, telemarketing, multi-level marketing, direct selling and e-commerce posed new challenges to consumer protection and required appropriate and swift executive interventions to prevent consumer detriment.

14-Jul-2022: CCPA issues Advisory to e-commerce platforms on sale of Ayurvedic, Siddha and Unani drugs

The Central Consumer Protection Authority (CCPA) has issued an Advisory to e-commerce entities concerning the sale of Ayurvedic, Siddha and Unani drugs containing ingredients listed in Schedule E (1) of the Drugs and Cosmetics Rules, 1945. E-commerce platforms have been advised that the sale or facilitating the sale of such drugs shall be done only after a valid prescription of a registered Ayurveda, Siddha or Unani practitioner respectively is uploaded by the user on the platform. Consuming such drugs without medical supervision can lead to severe health complications.

As per Rule 161(2) of the Drugs and Cosmetics Rules, 1945, the container of a medicine for internal use for the treatment of human ailments shall, if it is made up of a substance specified in Schedule E (1), be labelled conspicuously with the words “Caution: To be taken under medical supervision” both in English and Hindi language.

It may be mentioned that the Ministry of Ayush issued a public notice on 01.02.2016 informing stakeholders that the aforementioned drugs are required to be taken under Medical Supervision and purchasing the same online should be avoided without medical consultation.

Under Section 18 of the Consumer Protection Act, 2019, CCPA is empowered to protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers’ rights. Further, CCPA is empowered to prevent unfair trade practices and ensure that no person engages himself in unfair trade practices.

CCPA consistently monitors the issues affecting consumer welfare. Recently, CCPA issued guidelines to prevent unfair trade practices and protection of consumer interests with regard to the levy of service charges in hotels and restaurants. CCPA has also issued guidelines for the prevention of Misleading Advertisements and Endorsements for Misleading Advertisements to protect consumers against such advertisements.

To safeguard consumer rights while shopping online, CCPA has issued an Advisory to all marketplace e-commerce entities to ensure that details of sellers as mandated under sub-rule (5) of rule 6 of the Consumer Protection (E-commerce) Rules, 2020 including name and contact number of the grievance officer are provided in a clear and accessible manner, displayed prominently to users on the platform.

CCPA has also issued Safety Notices under Section 18(2)(j) of the Act to alert and caution consumers against buying goods which do not hold a valid ISI Mark and violate compulsory BIS standards. While the first Safety Notice was issued with regard to Helmets, Pressure Cookers and Cooking gas cylinders, the second Safety Notice was issued with regard to household goods including electric immersion water heaters, sewing machines, microwave ovens, domestic gas stoves with LPG etc.

1-Jan-2021: Central Consumer Protection Authority continues to work towards the protection of the interest and rights consumers

After its establishment, the Central Consumer Protection Authority has been taking proactive action for the protection of the interest and rights of the consumers. One of the functions of the CCPA envisaged in the Act is to review the matters relating to, and the factors inhibiting enjoyment of, consumer rights, including safeguards provided for the protection of consumers under any other law for the time being in force and recommend appropriate remedial measures for their effective implementation.

Observing that several advertisements are being issued during the COVID-19 pandemic to mislead and misguide the consumers relating to several consumer goods/products, the CCPA has, Suo-moto, issued show cause notices to companies in the sectors like water purifier, paints, floor cleaner, apparel, disinfectant, furniture etc. The action of CCPA will certainly deter the unscrupulous traders from launching misleading advertisements to exploit the sentiments of the consumers for cheap commercial profits. Notice has also been issued to Cab Aggregators for resorting to unfair trade practice with regard to refund of excess fare charged.

The CCPA will continue to work towards the protection of the interest and rights of the consumers. On analysis of the consumer grievances received in the National Consumer Helpline, the CCPA has recently taken up the matter of failed/cancelled transactions while using inter-banking services by the consumers like IMPS, UPI etc. where money has not been refunded to the consumer or where the timeline for settlement of such claims has not been adhered to, with the sector regulator, the Reserve Bank of India with a view to protect the rights of the consumers.

The CCPA has also asked the Insurance Regulator, the IRDAI, to look into the delay in getting the claim amount by the consumers and take up the consumer grievances with the Insurance Companies to adhere to the time lines stipulated in the IRDAI Protection of Policyholders' interest Regulations, 2017.

The Central Consumer Protection Authority has been established w.e.f.24th July, 2020 under section 10 of the Consumer Protection Act, 2019 to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class. It can conduct investigations into violation of consumer rights and institute complaints / prosecution, order recall of unsafe goods and services, order discontinuation of unfair trade practices and misleading advertisements, impose penalties on manufacturers/endorsers/publishers of misleading advertisements.

15-Sep-2020: Consumer Welfare Fund

The Consumer Protection Act, 1986 had set in motion a consumer movement in the country. The Consumer Protection Act, 2019 which came into effect from 20th July 2020, and replaces the Consumer Protection Act of 1986 would give greater fillip to the ongoing consumer movement in the country. The Consumer Protection Act, 2019 provides for establishment of the Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers as a class. The Act provides for  simplifying the consumer dispute adjudication process in the Consumer Commissions, which include, among others, empowerment of the State and District Commissions to review their own Orders, enabling a consumer to file complaints electronically and file complaints in Consumer Commissions that have jurisdiction over the place of his residence, video conferencing for hearing and deemed admissibility of complaints if the question of admissibility is not decided within the specified period of 21 days. To simplify the adjudication process, mediation, as an Alternate Dispute Resolution mechanism, has been provided in the new Act. The Act introduces the concept of product liability and brings within its scope the product manufacturer, the product service provider and the product seller, for any claim for compensation.

To protect the interests of the consumers, the Govt. has launched the “Jago Grahak Jago” campaign through electronic and print media for consumer awareness and joint awareness campaigns on consumer rights and responsibilities in key sectors – Health, Food, Financial Services and other Departments for greater consumer awareness. The Government has set up a National Consumer Helpline and to cater to the needs of consumers, regional languages, six Zonal Consumer Helplines have also been set up at Ahmedabad, Bengaluru, Kolkata, Jaipur, Guwahati & Patna.

The Consumers have been able to redress their grievances/ complaints against any defect in goods purchased or deficiencies in any services availed including any unfair/restrictive trade practices adopted, through specialized quasi-judicial agencies, now commonly known as ‘consumer commissions’, that have been established at the District level (District Consumer Disputes Redressal Commission), State level (State Consumer Disputes Redressal Commission) and National level (National Consumer Disputes Redressal Commission). These consumer commissions have been mandated by the law to render simple, inexpensive and speedy adjudication of consumer complaints.

The Consumer Welfare Fund was created in 1992 with the objective of providing financial assistance to promote and protect the welfare of the consumers, create consumer awareness and strengthen consumer movement in the country. Financial assistance is provided to Voluntary Consumer Organisations / Institutions for undertaking consumer advocacy / awareness and to State Government / Union Territories for setting up State Consumer Welfare Fund.

30-Jul-2020: Central Consumer Protection Authority established to promote, protect and enforce the rights of consumers

The Consumer Protection Act, 2019 has come into force from 20th July, 2020. As provided in section 10 of the Act, the Central Consumer Protection Authority (CCPA) has been established w.e.f. 24th July, 2020.

For operationalization of the CCPA, Additional Secretary in the Department of Consumer Affairs, Smt. Nidhi Khare has been assigned the charge of Chief Commissioner, Joint Secretary in the Department Shri Anupam Mishra as Commissioner, Director General, BIS Shri Pramod K Tiwari as Director General (Investigation) and Director General, National Test House, Shri Vineet Mathur  as Additional Director General (Investigation) in the Central Consumer Protection Authority w.e.f. 29th July, 2020 to exercise the powers and discharge the functions under the Act.

Meanwhile, the CCPA will start functioning in the premises of IIPA. The support staff is being arranged from the Centre for Consumer Studies of The Indian Institute of Public Administration (IIPA) and the National Consumer Helpline, which have been financially aided by the Department since 2007.

The objective of the Central Consumer Protection Authority (CCPA) is to promote, protect and enforce the rights of consumers as a class. It will be empowered to conduct investigations into violation of consumer rights and institute complaints / prosecution, order recall of unsafe goods and services, order discontinuation of unfair trade practices and misleading advertisements, impose penalties on manufacturers/endorsers/publishers of misleading advertisements.

For giving effect to the provisions of the Act, the following rules have also been notified and made effective from 20th July, 2020:

      1. The Consumer Protection (General) Rules, 2020
      2. The Consumer Protection (Central Consumer Protection Council) Rules, 2020.
      3. The Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020.
      4. The Consumer Protection (Mediation) Rules, 2020.
      5. The Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Model Rules, 2020.
      6. The Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020.
      7. The Consumer Protection (E-Commerce) Rules, 2020. [effective from 23 July, 2020].

The National Consumer Disputes Redressal Commission has also notified the following Regulations effective from 24th July, 2020:

      1. The Consumer Protection (Consumer Commission Procedure) Regulations, 2020.
      2. The Consumer Protection (Administrative Control over the State Commission and the District Commission) Regulations, 2020.
      3. The Consumer Protection (Mediation) Regulations, 2020.

20-Jul-2020: Consumer Protection Act, 2019 comes into force from today

The Consumer Protection Act,2019 comes in to force from today i.e. 20th July 2020. While briefing the media about the Consumer Protection Act, 2019 through video conference here today, the Union Minister for Consumer Affairs, Food & Public Distribution Shri Ram Vilas Paswan said that this new Act will empower consumers and help them in protecting their rights through its various notified Rules and provisions like Consumer Protection Councils, Consumer Disputes Redressal Commissions, Mediation, Product Liability and punishment for manufacture or sale of products containing adulterant / spurious goods.

He said that the Act includes establishment of the Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers.  The CCPA will be empowered to conduct investigations into violations of consumer rights and institute complaints / prosecution, order recall of unsafe goods and services, order discontinuance of unfair trade practices and misleading advertisements, impose penalties on manufacturers/endorsers/publishers of misleading advertisements. Shri Paswan further said that the rules for prevention of unfair trade practice by e-commerce platforms will also be covered under this Act. The gazette notification for establishment of the Central Consumer Protection Authority and rules for prevention of unfair trade practice in e-commerce are under publication.

Shri Paswan further said under this act every e-commerce entity is required to provide information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, payment methods, security of payment methods, charge-back options, etc. including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage on its platform.  He said that e-commerce platforms have to acknowledge the receipt of any consumer complaint within forty-eight hours and redress the complaint within one month from the date of receipt under this Act. He further added that the New Act introduces the concept of product liability and brings within its scope, the product manufacturer, product service provider and product seller, for any claim for compensation.

Shri Paswan further informed that the new Act provides for simplifying the consumer dispute adjudication process in the consumer commissions, which include, among others,  empowerment of the State and District Commissions to review their own orders, enabling a consumer to file complaints electronically and file complaints in consumer Commissions that have jurisdiction over the place of his residence, videoconferencing for hearing and deemed admissibility of complaints if the question of admissibility is not decided within the specified period of 21 days.

The Minister said an Alternate Dispute Resolution mechanism of Mediation has been provided in the new Act.  This will simplify the adjudication process.  A complaint will be referred by a Consumer Commission for mediation, wherever scope for early settlement exists and parties agree for it. Mediation will be held in the Mediation Cells to be established under the aegis of the Consumer Commissions.  There will be no appeal against settlement through mediation.

He said, as per the Consumer Disputes Redressal Commission Rules, there will be no fee for filing cases upto Rs. 5 lakh. There are provisions for filing complaints electronically, credit of amount due to unidentifiable consumers to Consumer Welfare Fund (CWF).  The State Commissions will furnish information to Central Government on a quarterly basis on vacancies, disposal, pendency of cases and other matters.

Shri Paswan further informed that the New Act also introduces the concept of product liability and brings within its scope, the product manufacturer, product service provider and product seller, for any claim for compensation. The Act provides for punishment by a competent court for manufacture or sale of adulterant/spurious goods. The court may, in case of first conviction, suspend any licence issued to the person for a period of up to two years, and in case of second or subsequent conviction, cancel the licence.

Under this new Act, besides general rules, there are Central Consumer Protection Council Rules, Consumer Disputes Redressal Commission Rules, Appointment of President & Members in State/District Commission Rules, Mediation Rules, Model Rules and E-Commerce Rules and Consumer Commission Procedure Regulations, Mediation Regulations and Administrative control over State Commission & District Commission Regulations.

Shri Paswan said that the Central Consumer Protection Council Rules are provided for constitution of the Central Consumer Protection Council, an advisory body on consumer issues, headed by the Union Minister of Consumer Affairs, Food and Public Distribution with the Minister of State as Vice Chairperson and 34 other members from different fields. The Council, which has a three-year tenure, will have Minister-in-charge of consumer affairs from two States from each region- North, South, East, West, and NER. There is also provision for having working groups from amongst the members for specific tasks.

In his concluding remarks, Shri Paswan said that in earlier Consumer Protection Act, 1986a single point access to justice was given, which is also time consuming. The new act has been introduced after many amendments to provide protection to buyers not only from traditional sellers but also from the new e-commerce retailers/platforms. He said that this Act will prove a significant tool in protecting consumer rights in the country.

8-Jun-2022: RBI hikes Repo Rate by 50 basis points

Key Policy Rates

  • The Monetary Policy Committee of Reserve Bank of India, which met from 6-8 June 2022, has unanimously decided to hike the Repo Rate by 50 basis points to 4.90 %
  • Consequently, Standing Deposit Facility Rate stands adjusted to 4.65% and Marginal Standing Facility rate and Bank Rate to 5.15%
  • The MPC also decided to remain focused on withdrawal of accommodation to ensure that inflation remains within the target going forward, while supporting growth.
  • Inflation
    • Assuming normal monsoon in 2022 and average crude oil price of $105 per barrel in Indian basket, inflation is projected at 6.7% in 2022-23

Q1 - 7.5%

Q2 - 7.4%

Q3 - 6.2%

Q4 - 5.8%

  • Growth forecast: The MPC has observed that the global economy continues to grapple with multi-decadal high inflation and slowing growth, persisting geopolitical tensions and sanctions, elevated prices of crude oil and other commodities and lingering COVID-19 related supply chain bottlenecks.
  • Economic indicators for April –May indicate a broadening of the recovery in economic activity in India. Urban demand is recovering and rural demand is gradually improving. Merchandise exports posted robust double-digit growth for the fifteenth month in a row during May while non-oil non-gold imports continued to expand at a healthy pace, pointing to recovery of domestic demand.
  • Real GDP growth for 2022-23 is estimated at 7.2%

Q1 - 16.2%

Q2 - 6.2%

Q3 - 4.1%

Q4 - 4.0%

  • According to NSO provisional estimates released on May 31, India's GDP growth in 2021-22 is estimated at 8.7%, higher than pre-pandemic level.

Measures to benefit Cooperative Banks

  1. Taking into account the increase in housing prices since the limits were last revised and considering the customer needs, it has been decided to increase the existing limits on individual housing loans by cooperative banks. Accordingly, the limits for Tier I /Tier II UCBs shall stand revised from ₹30 lakh/ ₹70 lakh to ₹60 lakh/ ₹140 lakh, respectively. As regards RCBs, the limits shall increase from ₹20 lakh to ₹50 lakh for RCBs with assessed
  2. net worth less than ₹100 crore; and from ₹30 lakh to ₹75 lakh for other RCBs.
  3. Urban cooperative banks can now extend doorstep banking services to customers Will enable these banks to better meet the needs of their customers, especially senior citizens and differently abled persons-
    • Rural cooperative banks can now extend finance to commercial real estate (loans to residential housing projects) within existing aggregate housing finance limit of 5% of total assets
    • Enhancement of limit on e-mandate transactions

To further augment customer convenience  and facilitate recurring payments like subscriptions, insurance premia and education fees of larger value, limit per transaction for e-mandate based recurring payments increased from ₹5,000 to ₹ 15,000

  • Enhancing scope of UPI payment system. Now, credit cards too can be linked with UPI platform, beginning with RuPay cards.  This will provide additional convenience to users and enhance scope of digital payments.  UPI has become the most inclusive mode of payment in India. Currently, over 26 crore unique users and 5 crore merchants are onboarded on the UPI platform.
  • The Monetary Policy Committee, besides the Governor Shri Shaktikanta Das comprised Dr. Shashanka Bhide, Dr. Ashima Goyal, Prof. Jayanth R. Varma, Dr. Rajiv Ranjan and  Dr. Michael Debabrata Patra.

The next meeting of the MPC is scheduled during August 2-4, 2022

6-Dec-2021: RBI Retail Direct Scheme' and ‘Integrated Ombudsman Scheme, 2021

The Reserve Bank of India (RBI) has launched the ‘RBI Retail Direct Scheme' and ‘Integrated Ombudsman Scheme, 2021’. This was stated by Union Minister of State for Finance Shri Pankaj Chaudhary in written reply to a question in Lok Sabha today.

The Minister stated that the Government has not conducted any survey to find out the extent to which these schemes will be able to expand the scope of investment, access to capital markets, and security for investors but the Reserve Bank of India has designed the Scheme based on the feedback received from the market participants for simplifying the access to the G-Sec market by retail investors. The online portal developed for the Scheme is secure and user-friendly. The scheme expects to bring the government securities within easy reach of the general public by simplifying the investment process and widening the investor base, the Minister stated.

The Minister further stated that the RBI Retail Direct Scheme is expected to widen the investor base for the government securities which may result in increased demand for these securities leading to reduced cost of borrowing for the Government. Secondly, the increased retail participation in Indian government securities (G-sec) will improve G-sec market liquidity which would facilitate further deepening of the Indian G-sec market. A well-developed G-sec market bodes well for the development of other segments of the Indian fixed income market.

12-Nov-2021: PM launches two innovative customer centric initiatives of RBI

Prime Minister Shri Narendra Modi launched two innovative customer centric initiatives of RBI viz. Retail Direct Scheme and the Reserve Bank - Integrated Ombudsman Scheme, here today via video conference. The Union Minister of Finance and Corporate Affairs Smt. Nirmala Sitharaman and the Governor of the Reserve Bank of India Shri Shaktikanta Das were also present at the event.

Addressing the event, the Prime Minister praised the Finance Ministry and institutions like RBI for their efforts during the pandemic. “This period of Amrit Mahotsav, this decade of the 21st century is very important for the development of the country. In such a situation, the role of RBI is also very big. I am confident that Team RBI will live up to the expectations of the country”, the Prime Minister said.

Referring to the two schemes that have been launched today, the Prime Minister said that these schemes  will expand the scope of investment in the country and make access to capital markets easier, more secure for investors. Retail direct scheme has given small investors in the country a simple and safe medium of investment in government securities. Similarly, One Nation, One Ombudsman System has taken shape in the banking sector with the Integrated Ombudsman Scheme today, he said.

The Prime Minister emphasized the citizen centric nature of these schemes. He said that one of the biggest touchstones of any democracy is the strength of its grievance redressal system. The Integrated Ombudsman Scheme will go a long way in that direction. Similarly, the Retail Direct Scheme  will give strength to the inclusion of everyone in the economy as it will bring in the middle class, employees, small businessmen and senior citizens with their small savings directly and securely in government securities. As Government securities have the provision of guaranteed settlement, this gives assurance of safety to the small investor, he said.

The Prime Minister said that in the last 7 years, NPAs were identified with transparency, the focus was on resolution and recovery, Public Sector Banks were recapitalized, one after the other reforms were carried out in the financial system and public sector banks. He added, to further strengthen the banking sector, cooperative banks were also brought under the purview of RBI. Due to this the governance of these banks is also improving and the trust in this system is getting stronger among the depositors, he added.

The Prime Minister said in the past few years, in the country's banking sector reforms ranging from inclusion in the financial sector to technological integration have been carried out. “We have seen their strength in this difficult time of Covid. The decisions of the RBI also helped in increasing the impact of the big decisions that the government has taken in recent times”, he said.

The Prime Minister said till 6-7 years ago, banking, pension and insurance, used to be like an exclusive club in India. All these facilities were not accessible to the common citizens in the country, poor families, farmers, small traders-businessmen, women, Dalits-deprived-backward, etc. Criticizing the earlier system, the Prime Minister said those who had the responsibility of taking these facilities to the poor never paid any attention to it. Rather, various excuses were made for not changing. It was said that there is no bank branch, no staff, no internet, no awareness, no idea what the arguments were, he lamented.

The Prime Minister said UPI has made India the world's leading country in terms of digital transactions in a very short span of time. In just 7 years, India has jumped 19 times in terms of digital transactions. Today our banking system is operational 24 hours, 7 days and 12 months anytime, anywhere in the country, Shri Modi stressed.

The Prime Minister said we have to keep the needs of the citizens of the country at the center and keep on strengthening the trust of the investors. “I am confident that RBI will continue to strengthen India's new identity as a sensitive and investor-friendly destination”. The Prime Minister concluded.

2-Aug-2021: Major initiatives taken by Government & RBI to mitigate hardship faced by farmers due to COVID-19

The Government and the Reserve Bank of India (RBI) have taken major initiatives to mitigate the hardship being faced by farmers due to COVID-19.

The Minister further stated the efforts made/being made by the Government for the remedy of the problems regarding agriculture loan being faced by the farmers in the country as under:

  • The moratorium for the total period of six months upto 31st August, 2020, was permitted in respect of all term loans (including agricultural term loans, retail and crop loans). This was aimed at providing temporary reprieve to borrowers affected by the pandemic, while attempting to preserve the resilience of the financial system. In order to ensure that farmers do not pay higher interest during the moratorium period, the benefit of 2% Interest Subvention and 3% Prompt Repayment Incentive was also extended to them for the moratorium period up to 31st August, 2020 or date of repayment, whichever is earlier. As advised by RBI, the moratorium has not been extended beyond August 31, 2020 taking into account the larger implications on the banking sector, credit culture and financial stability.
  • In respect of loans to allied activities viz., dairy, fishery, animal husbandry, poultry, bee-keeping and sericulture, RBI has also issued a clarification that these loans can be taken up for resolution under the Resolution Framework for Covid-19 related Stress issued on 6th August 2020 which, inter alia, provides for a moratorium upto two years.
  • Further, RBI’s extant directions on relief measures to be provided by respective lending institutions in areas affected by natural calamities, such as flood, cyclone, drought, hailstorm, cold wave/frost, etc., inter alia, include, restructuring/rescheduling of existing crop loans and term loans, extending fresh loans, relaxed security and margin norms, moratorium, etc. These directions have been so designed that the moment calamity is declared by the concerned State Governments/District Authorities they are automatically set in motion without any intervention, thus saving precious time. The benchmark for initiating relief measures by banks has also been reduced to 33% crop loss in line with the National Disaster Management Framework.
  • To meet the credit needs for post-harvest and kharif sowing requirements of farmers including small and marginal farmers, a front-loaded Special Liquidity Facility (SLF) of Rs. 55,000 crore under SLF–I and SLF-II has been extended by NABARD during COVID-19 pandemic for Regional Rural Banks, Cooperative Banks and Non-Banking Financial Company (NBFCs)-Micro Finance Institutions (mFIs). This additional special liquidity facility to the rural financial institutions at concessional rate of interest will ensure enhanced credit flow to the agriculture and the allied sector.

27-Apr-2020: RBI Announces ₹ 50,000 crore Special Liquidity Facility for Mutual Funds (SLF-MF)

Heightened volatility in capital markets in reaction to COVID-19 has imposed liquidity strains on mutual funds (MFs), which have intensified in the wake of redemption pressures related to closure of some debt MFs and potential contagious effects therefrom. The stress is, however, confined to the high-risk debt MF segment at this stage; the larger industry remains liquid.

The RBI has stated that it remains vigilant and will take whatever steps are necessary to mitigate the economic impact of COVID-19 and preserve financial stability. With a view to easing liquidity pressures on MFs, it has been decided to open a special liquidity facility for mutual funds of ₹ 50,000 crore.

Under the SLF-MF, the RBI shall conduct repo operations of 90 days tenor at the fixed repo rate. The SLF-MF is on-tap and open-ended, and banks can submit their bids to avail funding on any day from Monday to Friday (excluding holidays). The scheme is available from today i.e., April 27, 2020 till May 11, 2020 or up to utilization of the allocated amount, whichever is earlier. The Reserve Bank will review the timeline and amount, depending upon market conditions.

Funds availed under the SLF-MF shall be used by banks exclusively for meeting the liquidity requirements of MFs by (1) extending loans, and (2) undertaking outright purchase of and/or repos against the collateral of investment grade corporate bonds, commercial papers (CPs), debentures and certificates of Deposit (CDs) held by MFs.

Liquidity support availed under the SLF-MF would be eligible to be classified as held to maturity (HTM) even in excess of 25 per cent of total investment permitted to be included in the HTM portfolio. Exposures under this facility will not be reckoned under the Large Exposure Framework (LEF). The face value of securities acquired under the SLF-MF and kept in the HTM category will not be reckoned for computation of adjusted non-food bank credit (ANBC) for the purpose of determining priority sector targets/sub-targets. Support extended to MFs under the SLF-MF shall be exempted from banks’ capital market exposure limits.

20-Apr-2020: Review of WMA Limit for Government of India for remaining part of the first half of the Financial Year 2020-21 (April 2020 to September 2020)

To tide over the situation arising from the outbreak of the COVID-19 pandemic, it has been decided, in consultation with the Government of India, that the limit for Ways and Means Advances (WMA) for the remaining part of first half of the financial year 2020-21 (April 2020 to September 2020) will be revised to ₹ 2,00,000 crore.

1-Apr-2020: RBI announces further measures for dealing with the COVID-19 pandemic

Extension of realisation period of export proceeds: Presently value of the goods or software exports made by the exporters is required to be realized fully and repatriated to the country within a period of 9 months from the date of exports. In view of the disruption caused by the COVID-19 pandemic, the time period for realization and repatriation of export proceeds for exports made up to or on July 31, 2020, has been extended to 15 months from the date of export. The measure will enable the exporters to realise their receipts, especially from COVID-19 affected countries within the extended period and also provide greater flexibility to the exporters to negotiate future export contracts with buyers abroad.

Review of Limits of Way and Means Advances of States/UT's: Reserve Bank had constituted an Advisory Committee (Chairman: Shri Sudhir Shrivastava) to review the Ways and Means limits for State Governments and Union Territories (UTs). Pending submission of the final recommendations by the Committee, it has been decided to increase WMA limit by 30 percent from the existing limit for all States/UTs to enable the State Governments to tide over the situation arising from the outbreak of the COVID-19 pandemic. The revised limits will come into force with effect from April 1, 2020 and will be valid till September 30, 2020.

Implementation of countercyclical capital buffer: The framework on countercyclical capital buffer (CCyB) was put in place by the Reserve Bank in terms of guidelines issued on February 5, 2015 wherein it was advised that the CCyB would be activated as and when the circumstances warranted, and that the decision would normally be pre-announced. The framework envisages the credit-to-GDP gap as the main indicator, which is used in conjunction with other supplementary indicators. Based on the review and empirical analysis of CCyB indicators, it has been decided that it is not necessary to activate CCyB for a period of one year or earlier, as may be necessary.

27-Mar-2020: COVID-19 – Regulatory Package

Certain regulatory measures were announced to mitigate the burden of debt servicing brought about by disruptions on account of COVID-19 pandemic and to ensure the continuity of viable businesses. In this regard, the detailed instructions are as follows:

Rescheduling of Payments – Term Loans and Working Capital Facilities

In respect of all term loans (including agricultural term loans, retail and crop loans), all commercial banks (including regional rural banks, small finance banks and local area banks), co-operative banks, all-India Financial Institutions, and NBFCs (including housing finance companies) (“lending institutions”) are permitted to grant a moratorium of three months on payment of all instalments1 falling due between March 1, 2020 and May 31, 2020. The repayment schedule for such loans as also the residual tenor, will be shifted across the board by three months after the moratorium period. Interest shall continue to accrue on the outstanding portion of the term loans during the moratorium period.

In respect of working capital facilities sanctioned in the form of cash credit/overdraft (“CC/OD”), lending institutions are permitted to defer the recovery of interest applied in respect of all such facilities during the period from March 1, 2020 upto May 31, 2020 (“deferment”). The accumulated accrued interest shall be recovered immediately after the completion of this period.

Easing of Working Capital Financing

In respect of working capital facilities sanctioned in the form of CC/OD to borrowers facing stress on account of the economic fallout of the pandemic, lending institutions may recalculate the ‘drawing power’ by reducing the margins and/or by reassessing the working capital cycle. This relief shall be available in respect of all such changes effected up to May 31, 2020 and shall be contingent on the lending institutions satisfying themselves that the same is necessitated on account of the economic fallout from COVID-19. Further, accounts provided relief under these instructions shall be subject to subsequent supervisory review with regard to their justifiability on account of the economic fallout from COVID-19.

Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)

Since the moratorium/deferment/recalculation of the ‘drawing power’ is being provided specifically to enable the borrowers to tide over economic fallout from COVID-19, the same will not be treated as concession or change in terms and conditions of loan agreements due to financial difficulty of the borrower under paragraph 2 of the Annex to the Reserve Bank of India (Prudential Framework for Resolution of Stressed Assets) Directions, 2019 dated June 7, 2019 (“Prudential Framework”). Consequently, such a measure, by itself, shall not result in asset classification downgrade.

The asset classification of term loans which are granted relief as per paragraph 2 shall be determined on the basis of revised due dates and the revised repayment schedule. Similarly, working capital facilities where relief is provided as per paragraph 3 above, the SMA and the out of order status shall be evaluated considering the application of accumulated interest immediately after the completion of the deferment period as well as the revised terms, as permitted in terms of paragraph 4 above.

The rescheduling of payments, including interest, will not qualify as a default for the purposes of supervisory reporting and reporting to Credit Information Companies (CICs) by the lending institutions. CICs shall ensure that the actions taken by lending institutions pursuant to the above announcements do not adversely impact the credit history of the beneficiaries.

Other Conditions

Lending institutions shall frame Board approved polices for providing the above-mentioned reliefs to all eligible borrowers, inter alia, including the objective criteria for considering reliefs under paragraph 4 above and disclosed in public domain.

Wherever the exposure of a lending institution to a borrower is ₹ 5 crore or above as on March 1, 2020, the bank shall develop an MIS on the reliefs provided to its borrowers which shall inter alia include borrower-wise and credit-facility wise information regarding the nature and amount of relief granted.

The instructions in this circular come into force with immediate effect. The Board of Directors and the key management personnel of the lending institutions shall ensure that the above instructions are properly communicated down the line in their respective organisations, and clear instructions are issued to their staff regarding their implementation.

8-Oct-2019: Reserve Bank of India releases its annual study of state-level budgets.

Last week, the Reserve Bank of India released its annual study of state-level budgets. With each passing year, understanding about state government finances is becoming more and more important. That’s because of two broad reasons.

One, states now spend one-and-a-half times more than the Union government and, in doing so, they employ five times more people than the Centre. What these two trends mean is that not only do states have a greater role to play in determining India’s GDP than the Centre, they are also the bigger employment generators. As such, it is crucial to understand their spending pattern. If, for example, their combined expenditure contracts from one year to the other, then it will bring down India’s GDP.

Two, since 2014-15, states have increasingly borrowed money from the market — a trend captured in the fiscal deficit figure. In fact, their total borrowing almost rivals the borrowing by the Union government. This trend, too, has serious implications on the interest rates charged in the economy, the availability of funds for businesses to invest in new factories, and the ability of the private sector to employ new labour.

Suppose there is only Rs 100 in the economy that is available in the form of investible savings. This money could be borrowed either by private businesses (to invest in a new or existing venture) or by the government (to make roads, pay salaries etc.). Suppose again that initially, businesses borrow Rs 50 and the central government borrows Rs 50. If, however, state governments also start borrowing, say Rs 20, then private businesses will have only Rs 30 left to borrow and invest. Worse, this Rs 30 would come at a higher interest rate because the same number of people would be now vying for less money. That is why economy observers and businesses fuss over the fiscal deficit number the most.

There is another reason why states borrowing more and more should raise concerns especially when they borrow to meet unexpected policy goals such as farm loan waivers. Each year’s borrowing (or deficit) adds to the total debt. Paying back this debt depends on a state’s ability to raise revenues. If a state, or all the states in aggregate, find it difficult to raise revenues, a rising mountain of debt — captured in the debt-to-GDP ratio — could start a vicious cycle wherein states end up paying more and more towards interest payments instead of spending their revenues on creating new assets that provide better education, health and welfare for their residents.

In short, with each passing year, state government finances have become more and more important not only for India’s GDP growth and job creation but also for its macroeconomic stability. That is why, the 14th Finance Commission had mandated prudent levels of both fiscal deficit (3% of state GDP) and debt-to-GDP (25%) that must not be breached.

The first thing of note that the RBI report has found is that, except during 2016-17, state governments have regularly met their fiscal deficit target of 3% of GDP. On the face of it, this should allay a lot of apprehensions about state-level finances, especially in the wake of extensive farm loan waivers that many states announced as well as the extra burden that was put on state budgets after the UDAY scheme for the power sector was introduced in 2014-15. Under UDAY, state governments had to take over the debts of power distribution companies (discoms).

However, any relief on the fiscal deficit front is of limited value because most states ended up meeting the fiscal deficit target not by increasing their revenues but by reducing their expenditure and increasingly borrowing from the market.

Nothing brings this out better than what happened in 2017-18. Fiscal deficit for all states had breached the 3% (of GDP) mark in 2016-17. But in the very next year, states reduced the fiscal deficit by 109 basis points and brought it down to just 2.4%. But the bulk of this cut was achieved by cutting expenditure — and that too capital expenditure, which was cut by 86 basis points.

But this cut had a flip side. It adversely affected the loans that state governments provided to power projects, food storage and warehousing. It also hurt the states’ capital budget allocation for key social and infrastructure sectors.

The RBI’s report states that this reduction in overall size of state budgets likely worsened the economic slowdown that was slowly setting in since the start of 2016-17, when India had grown by 8.2%. There has been a reduction in the overall size of the state budget in 2017-19. This retarding fiscal impulse has coincided with a cyclical downswing in domestic economic activity and may have inadvertently deepened it. It is noteworthy that 2017-18 saw India’s GDP growth rate decline to 7.2% and it has been declining since.

Possibly the most worrisome observation by the RBI is that while states have met their fiscal deficits, the overall level of debt-to-GDP has reached the 25% of GDP prudential mark. A slightly stringent criterion as prescribed by the FRBM Review Committee and in line with the revised FRBM implied debt target of 20 per cent will put most of the states above the threshold.

The trouble is, states have found it difficult to raise revenues. As the report explains, “States’ revenue prospects are confronted with low tax buoyancies, shrinking revenue autonomy under the GST framework and unpredictability associated with transfers of IGST and grants. Unrealistic revenue forecasts in budget estimates thereby leave no option for states than expenditure compression in even the most productive and employment-generating heads.

23-May-2019: Incentive for improving service to non-chest branches

It has been decided to allow the large modern Currency Chests to increase the service charges to be levied on cash deposited by non-chest bank branches from the existing rate of ₹ 5/- per packet of 100 pieces to a higher rate subject to a maximum of ₹ 8/- per packet. For this purpose, only a Currency Chest fulfilling the Minimum Standards for a Currency Chest shall be eligible to be classified as a large modern Currency Chest.

Banks may approach the Issue Office of Reserve Bank under whose jurisdiction the Currency Chest is located for such classification. The increased rates can be charged only after such classification by the Issue Office concerned. The Non-Chest bank branches linked with such large modern Currency Chests may be advised of the applicability of the increased rates at least 15 days in advance.

21-May-2019: RBI to create regulatory cadre

The Reserve Bank of India’s Central Board has decided to create a specialised supervisory and regulatory cadre.

The cadre is being created with a view to strengthening the supervision and regulation of commercial banks, urban cooperative banks and non-banking financial companies.

The Central Board, in its 576th meeting in Chennai chaired by RBI Governor Shaktikanta Das, reviewed the current economic situation, global and domestic challenges and various areas of operations of the Reserve Bank.

Other matters discussed included issues related to currency management and the banker to government functions of the RBI.

24-Apr-2019: RBI sells entire stake in NHB, NABARD to government.

The Reserve Bank of India has divested its entire stake in National Bank for Agriculture and Rural Development (NABARD) and National Housing Bank (NHB) amounting to Rs 20 crore and Rs 1,450 crore to the government. With this, the Centre now holds 100 per cent stake in both the financial institutions. The divestment was done on February 26 and March 19 respectively.

Divestment of the RBI’s stake in NABARD and NHB has its basis in the recommendation of Narasimham Committee II and the Discussion Paper prepared by the RBI on “harmonizing the role and operations of development financial institutions and banks”.

Divestment of the RBI’s shareholding in NABARD was done in two phases. The RBI held 72.5 per cent of equity in NABARD amounting to Rs 1,450 crore out of which 71.5 per cent amounting to Rs 1,430 crore was divested in October 2010 based on the government notification on September 16, 2010. The residual holding was divested on February 26, 2019. The RBI held 100 per cent shareholding in NHB, which was divested on March 19, 2019.

2-Apr-2019: RBI sets WMA Limit for Government at Rs 75000 crore for H1 of 2019-20

The Reserve Bank of India, in consultation with the Government of India, has decided that the limits for Ways and Means Advances (WMA) for the first half of the financial year 2019-20 (April 2019 to September 2019) will be Rs 75000 crore. The Reserve Bank may trigger fresh floatation of market loans when the Government of India utilises 75% of the WMA limit.

The Reserve Bank retains the flexibility to revise the limit at any time, in consultation with the Government of India, taking into consideration the prevailing circumstances.

The interest rate on WMA will be Repo Rate and overdraft will be 2% above the Repo Rate. The Reserve Bank, in consultation with Government of India, will put in place a rule- based WMA limit in future, based on objective parameters.

10-Feb-2019: RBI MSME package to help recast Rs 1-trillion loans

The Reserve Bank's restructuring package for small businesses announced last month will help recast Rs 1 trillion of loans for 700,000 eligible micro, small and medium enterprises. The estimate from the Department of Financial Services (DFS) is much higher than domestic rating agency ICRA's assessment of Rs 10,000 crore. It comes even as some banks have seen a reluctance among the target MSMEs to take advantage of the scheme. DFS said 700,000 MSME units need restructuring.

They all can be restructured till March 2020 without downgrading the asset. Rs 1 trillion worth loans will get restructured. The scheme will help free up additional resources which will fuel demand and create further opportunities in the industry.

The scheme was termed as "regressive" by analysts, as the RBI had officially discontinued the practice of restructuring of advances, which is among the factors blamed for the high NPAs as banks indulged in "ever-greening".

During the past few years, RBI has been doing away with various schemes for asset quality forbearance and hence this is regressive from a credit culture point of view, given the past experiences of the banking sector with restructuring.

The scheme announced by RBI is a one-time scheme wherein a loan tenure and interest rate can be revised without classifying the asset as an NPA. The facility is available for standard advances of up to Rs 25 crore only.

8-Jan-2019: RBI sets up panel under Nandan Nilekani to boost digital payments

The Reserve Bank of India constituted a high-level committee under Nandan Nilekani to suggest measures to strengthen the safety and security of digital payments in the country. The five-member panel on deepening of digital payments has been constituted with a view to encourage digitisation of payments and enhance financial inclusion through digitisation.

The committee shall submit its report within a period of 90 days from the date of its first meeting. The panel has been tasked with reviewing the existing status of digitisation of payments in the country, identifying the current gaps in the ecosystem and suggesting ways to bridge them and assessing the current levels of digital payments in financial inclusion.

It will also suggest measures to strengthen the safety and security of digital payments and a road map for increasing customer confidence and trust while accessing financial services through digital modes.

It has also been asked to undertake cross country analyses with a view to identify best practices that can be adopted in our country to accelerate digitisation of the economy and financial inclusion through greater use of digital payments.

Also a medium-term strategy is to be suggested for deepening of digital payments.

Besides co-founder Nilekani, other members of the panel are former RBI deputy governor H R Khan, former MD and CEO of Vijaya Bank Kishore Sansi and former secretary in ministries of IT and steel Aruna Sharma. The fifth member is Sanjay Jain, chief innovation officer, Centre for Innovation, Incubation & Entrepreneurship (CIIE), IIM Ahmedabad.

14-Dec-2018: Autonomy of RBI

The autonomy for the Central Bank, within the framework of the Reserve Bank of India (RBI) Act, is an essential and accepted governance requirement. A press release was issued by the Government on 31.10.2018 as below:

“The autonomy for the Central Bank, within the framework of the RBI Act, is an essential and accepted governance requirement. Governments in India have nurtured and respected this. Both the Government and the Central Bank, in their functioning, have to be guided by public interest and the requirements of the Indian economy. For the purpose, extensive consultations on several issues take place between the Government and the RBI from time to time. This is equally true of all other regulators. Government of India has never made public the subject matter of those consultations. Only the final decisions taken are communicated. The Government, through these consultations, places its assessment on issues and suggests possible solutions. The Government will continue to do so.”

The Government asked RBI for a review of its Economic Capital Framework (ECF) adopted in 2016. As per press release by RBI on 19.11.2018, the Board has decided to constitute an Expert Committee to examine the ECF, the membership and terms of reference of which will be jointly determined by the Government and RBI and that RBI should consider a scheme for restructuring of stressed standard assets of MSME borrowers with aggregate credit facilities of up to Rs. 25 crore, subject to conditions for ensuring financial stability.

The details of RBI surplus transferred to the Government during the last five years are as follows:

Financial year of RBI

Surplus transferred to Government (in crore Rupees)

2013-14

52,679

2014-15

65,896

2015-16

65,876

2016-17

30,659

2017-18

50,000

19-Oct-2018: Reserve Bank of India releases Dissent Note on Inter-Ministerial Committee for finalization of Amendments to PSS Act

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:

  1. 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.
  2. There is an underlying bank account for payment systems which is under the purview of banking system regulation which is vested with the RBI.
  3. 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.
  4. There are certain payment systems like cards which are issued by banks globally. Dual regulation over such instruments will not be desirable.
  5. 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.
  6. 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.
  7. 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.
  8. 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.