Home India Reserve Bank of India Credit Information Companies Regulations, 2006...
Date: 2024-04-30 Category: Not Applicable State: Union Government Country: India

Credit Information Companies Regulations, 2006

Issued by Reserve Bank of India · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document is a publication of the Gazette of India, outlining the Credit Information Companies Rules, 2006. The rules are enacted by the Central Government and establish regulations for credit information companies operating in India, as per section 36 of the Credit Information Companies (Regulation) Act, 2005. The rules are effective from the date of their publication. **Key Points / Main Content** * **Definitions:** * Defines key terms such as "access", "Act," "agent", "appeal," "appellant," "appellate authority," "data," "form," "information," "rules," and "section." * **Appeal Process:** * Central Government (or designated authority) acts as the Appellate Authority (Section 7 of the Act). * Appeals must be presented in duplicate using Form 1, by aggrieved parties or their agents/practitioners. * Appeals can be sent via registered post or presented before the appellate authority. * The proceedings of the appellate authority shall be conducted in English or Hindi. * Details provided on the required documentation to be presented in the specified format. * Requires notification to respondents, a process to rectify any defects in the appeal. * **Data Security and Accuracy (Credit Institutions):** * Requires credit institutions to formulate policies approved by their Boards regarding data handling and security within three months of the law taking effect. * Policies must cover data collection, processing, security, and transmission. * Requires accurate, complete, and updated data. * Sets timelines for reporting inaccuracies to credit information companies (3 days). * Outlines procedures for handling disputed data and updating credit information. * Specifies data security measures, including physical and operational safeguards. * **Data Security and Accuracy (Credit Information Companies & Specified Users):** * Credit Information Companies and Specified Users must adopt data privacy and security policies within three months. * Similar data security policies as those of credit institutions are to be followed with strong validation, verification, and certification mechanisms. * Mandates procedures for correcting inaccurate or disputed data. * **Prohibition and Confidentiality:** * Mandates safeguards against unauthorized access or use. * Outlines policy requirements to ensure data confidentiality, access control, and security measures. * Requires fidelity and secrecy from managers, officers, and employees. * **Fees:** * The maximum the credit information company can charge to the financial institutions or other credit information companies to enroll them as a member. * **Forms:** * Form 1 is the form that should be filled to present the details of an appeal. * Form 2 contains details regarding a particular financial data, such as the total amount sanctioned for a facility for a borrower. * Form 3 is a declaration to be made by someone when becoming the chairperson, director, auditor, or other roles with a Credit Information Company. **Impact Analysis** * **Credit Institutions:** * **Impact:** Must formulate and implement data security policies, ensuring accuracy and confidentiality. * **Action Required:** Develop and adopt policies within three months of the law taking effect, establish procedures for data handling, and ensure compliance with reporting requirements. * **Credit Information Companies:** * **Impact:** Must establish robust data security and accuracy frameworks, in addition to the Credit Institutions. * **Action Required:** Develop security policies, implement processes for data validation and correction, and adhere to the regulations regarding data dissemination. * **Specified Users (including Insurance Companies, Telecom Providers, Credit Rating Agencies, Stock Brokers):** * **Impact:** Must adopt data security and privacy policies, as well as follow the regulations set out in the Credit Information Companies Rules, 2006. * **Action Required:** Implement internal controls for data access and verification, to make sure they are compliant with the regulations. * **Individuals (Borrowers/Clients):** * **Impact:** Granted rights regarding access to their credit information and mechanisms to dispute inaccuracies. * **Action Required:** Be aware of their rights and follow the outlined dispute resolution processes to correct inaccurate data. * **Reserve Bank of India (RBI):** * **Impact:** Plays a supervisory role in ensuring compliance, approving policies, and resolving disputes. * **Action Required:** Oversee the implementation of the rules, review policies submitted by institutions, and adjudicate in matters referred to it.

Key Entities Referenced

Credit Information Companies (Regulation) Act, 2005: The primary legislation enabling and regulating credit information companies in India. Credit Information Companies Rules, 2006: Rules formulated under Section 36 of the Credit Information Companies (Regulation) Act, 2005 to specify the operational details and procedures for credit information companies. Reserve Bank of India: The regulator consulted and empowered by the Act and Rules to oversee credit information companies and processes. Ministry of Finance: The ministry responsible for issuing the Credit Information Companies Rules. Appellate Authority: The authority designated by the Central Government to hear appeals related to registration and other matters concerning credit information companies.
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TET aT Sree feet ary: at Wee(A Nw 3(i)] UA AT UTA: AAT ii BTS TAT Wea Ae Fae Te, ah rere fara Geer Tafa fecaTh, yea, (@) (cp) gfe a nfs st set or ret, a ons a saehefa at Be Bafa fect att ate Sars eater F eras Bh cfs cet aie BA facnfeer sted & fret carcadi wees & ofa tet ot wera fara Been Rat ferrell ar ot weet BTA 5 aT 3a em Ft yeas fasae srert cee F fret cera fara arrears ett aH weg By we B ay fet ora at wee at TE 8 ae ert fares deen aenfterfe, were fae are oth a afte sat - UR arya, we a franfa & at 4 feat atk gers fers ter OFF BT Wra BS ates, Sree aT wera fase oar fares sae are H ciferet ferare & Was F ferro a ateaferas BE; he Was yore fayen ten at se F vfattcat at 2S ser oF ae & dae A yer fesse sired & water & fre sa afta St at 21 & STMT (3) Heat WHS Baht & arts Soalhira H aaPANT ae A fern STITT | 22, weera farreren Terr Bret Were fares STATE SH BTA are - fer 21% sare oe ufenet were sre fer, aie aenftefa, wera fess seer & aeret at THA aT a: aT ara: atfeiad fae aa & arr Sa A ret AT Bas Veopfeera cara A afta & arc ar Sax AA ares aT SAH Cara F Dearafeerar sre wiser & sey ar Wemafererc & Pee ay a EN at TT fares deer sit set cr are She feet es F eae HTT & aT ai Ta fares Ger & are fret ST at ogeT H aqEcT A sa SF ae ara GI TRH aT Sefets PTSTA BA Be TOT AT RR VS ara aT S reas fares STTHE GAZETTE OF INDIA : EXTRAORDINARY [Parr l-—Sec. 3(i)] aot SH Yet U vega fee 7e aias!, AAT aT Wea fra sare F ae (&) US sing, wart a yer ean set St GTA aT Reet ot ara 1a weds fetter orafir & dhe fea 3 orate at staf 3 A yer ferrees STraTe 3 Mae A AS ores, TATA aT wee fare STATE Hl TAT HAT TUM; (@) 5a Prfira vite O vite wears fora orrard Hort a area Vera fare Wart Wega BOT | 23, satanet Geant sit ugha fare wae - wets wer faras SeT aes fear vias & vere & dae B Ut var site Sarr aqareit sit sie, TARRY & TaTs Se Teas fare sraaS et sit Te sre feat soniye TET a sah gevain & fares vera fee arent cat aret fare aria frafefiad water é - (a) hfe atte warerarere Gran & fore =r TaiteTs aittteery eat PA CG) atten Geer at atte Be SATS TET ; (1) Wa aad fae & aa H, Ber Gra seas HEN TM ae ST ai dat at eet (a) det Freiao ore ak areit afar valet ae aifte Ua Sree SPT 5 (S) Her atin & fore ara SeresHtfereT GSAT SAT Fara fs ae YP Sah fh operat at sequen A yore stares TET Ie; (a) WH ary oifterat S yew wy O ae The rae at Yeh TT, AAT AT OT Tet AY TS CATAL OM SAT SETS STTPCT BTC,LAM —@rs 3(i)) URE A UAT: STATI (8) water vier ara free fa ae ghia tah fe aheat aH aT % AIT WH sarah Tea Te ae Wena Sata rer St aes st watt ; (SH) Sa Mae HT aT OPrfere. wet & fore Aten Baer are a amt Sart afar at atk cara Woe sored aT gs Be & fare aR ses aT ; (A) sae} fae seam ; (a) aden ait erseere & uftads & fore war array; (2) MTT TepEteiy atk vers aera & fe seas ea ; (S) are & fers yorett at Ba rT Sah SMT TS WS ieKs, HASTA se wera fare srrart % vier sonttepe ves a saat why at Vat fae SARAH STI BT | TEATT 4 atest an ufegygar, gofer sie quan gfe aret & fore pera freer wren hafrat aie fatride seetarait are fare wrt Met TAT BT RAAT Va 24. Were Parees BIT Aa BT whswa aN acer She shi < Q) st Pradt ata a feet yee vere farses rare sett et Prat & ore @ a re Be atere ait ued wera Rrra orerd det fae err Wags aed Rear we 8, 34 raat & ota vere Be agen fee ort & as ware & Sree Oy waren & ater RS artnet Sores Ho SH ae sree TH TAR4 THE GAZETTE OF INDIA ; EXTRAORDINARY {Parr Il—Sec. 3(i)} ak Teqae sth Frees aS aro TerET a sie site aie aver fachere (%) SR IT SH SMT TH STS TT Drew Fh Vay F, aortas, wera farses PeT TT were fares aE doh a fret gery B sifirercd sie ora aeRST, BrAaTe aT Tea Paes aT ar ee, peeHT sik fA; (G) STH BT TH TE at sine Stare sik vera fears sraart st (72) SAH BMT SAH SIT A TT AT Tre a Ga H, aE we, yor sie area, SST, SATA aT Were fae See Tar & fers Bafta sik HAIG STE ; (H) Walaa meres 8 ates, aE Sik wes fers SIE aT TAT I (2) safer (1) & ania fafa offer ote atte vier at career ue Of Toe SS fT Teds err amr SET Sat aro ss abe afr & Frrfefad a ataterd att, are :- (%) ae Aaa frost Are & aresr & fere saeaits worst ar wearer sie cease HU st sravaner vst wx ftord Sa at arifirat Gry sik MAVAF TIT STAI AT TN ; (@) Fe Smee BT Waa Beara ait suerer HUA & fre wnat atk APSE F BAS SIN SH ae A Des H Sse A aenfterlay, feet geet wera ‘Ten, feet cea fern Sree sot ar Reel arr aiqary ale A Sah ERT ats was fee fer dutta fee 1e & att BAH Bre TS Te WS atiast arardt sit rere fare srrart uftye, sree sik yot t, 2 wea at atte & ofa freer 3 st wera fra seen ar wera frre sre Hat rer Frat rer & fare are RY atisgr earth athe were Rees sare Sree SU Et ;(9 Hares 3(i)] FT BUSTA: ASTUNT CT) Sas BIC, Tener, eer ters ferred a Peet oT aE aT @ after ate rea 8S sagt saad sit yea fren set ot sah BIT SAH Se AI Set A eH H sas A ca wet = eo get & fers Wiro sh aS (eq) FH STA STA ACAI BT WATT AeA a artre at are et &, su arthe 3 ula eer 38 fre ces Seer were Pros veM a oere fares arart 4 yitgs te, sera BF sit oot err seins He fear a | 25. wears faut wreant dot Ere soe are me attengt ar Uftepgm- (1) wea wera fasse wart det fer deeb ager 3 freaferfan & fore wafera wine aaah - (H) Sah aro aenftete, wera ferran PeN a wera fares Sra at a SPT TAT FH BMT TC SAH BT TS TE BS, SHAT a Were fara FHT Fe ear % fers ; aitx (@) frat fetid sretacn at sins serene ate yer fares ST reget amet Ty Reet aren at aifeiterr arqare wear aed Soe ae girs HAT fr SAH BT TS TR SST, SAAT aT ers fasas orrert sense, data vers fasae ver a yer fesse smart deh arr sat: afeeifean artra & ofa eer Softee, wot att ore (2) aie Brefzor Sot Reet aren Set wees free sett bot at ae He aa? fh as safe (1) Sager WH aie a ae a eas eras AIT Wega at at wera faoas sree art se otha & via Freer S fora sat ufegact aie yofar aeanttra at me t ae et oe me &, ae Feo aT (3) Bae Soar & age frat Soe AF aret Bary Te yess fara sre H oftads ate aera arco Oe afeitery at are 21 FF SHMTT (2) aie STINT (3) aaarit & anita ted Be, ale and peer Peete anererth aeehy, often16 THE GAZETTE OF INDIA : EXTRAORDINARY [Parr II—Src. 3(i)] STA rat fahrfeee sear a ssrA ar Mea fare SITET ETAT ae, Feet aT By Te Maer HET Ga Se Ger MHF aT Se aagT rend ar wera fares Sra & Bae A feet atgpece, gfe ar feraafer a are ‘afra fren srr at wera fares sare aot -- (&) wenftett, fate seater ar cake at Rat args, ae ar Pate a WaT OT a AS a Te fea I SE STH; (@ BH aypect, Fe ar ania aida Hers fare Gea sara HVT; Bite (1 enter, Pai suet ar cafe Bh se atta Bas Re a arate Shae yeaa fara srrard ot A Sat area, afe ar faanta at ger ATT TAT OT TSA Efrat fee TWAT MT, Sense SALT ar He Perera SHR a YE a TE fateaecat satire BA (4) ate Friar Sot feet arco Swear faa oredr at ae ss ete fe ae Saray (3) & argere tS See vega Be at Were fase SENT areft enftafr, fafiee sateen ar cate a seh are wae Ret orgs, gE aT frente at ys Her & fers fee Te Sorat at Saag Sit site Soha (3) surat & ape F art oramefen Be areata it Blera HUT (5) aS very fase aired aot saa soe aT se Hed H ort arereian & fae ate vate arcor fee fear sorta (3) % agent sara Het A SAKA Lech Sc Te FS SVT & Soar ar secre HAA ee ETT 26. were faraes Sree aorit grr faarfad atiengt ca Wane - feet gore arr sare sett A wa # frat 20H fate Peet ogee, a ar faanta & deer F ah sae F feet sere CH arch BT Wess fas WT aT feet =rerera or fet Fa or atftepco ar fet ara winch THe He fears SoS A 3 HT GAT SUT at STAT BA VS avait A yews fara SAT(art —zare 3(i)] 2 UR Al UA: SRT 17 (8) AK Fa SAA & arpa Feel ater at Sars WaT eet fers fafeez sMilea 3889 GI/2006—3 8 sae, Sart a yer fares SREY wea BCT Waa US fens sins Frese arent wega Ae aa ne Sat were fara sired dot sat We we feet srgrecen, ae an fartate A phe Sl WEG a Se Sa sta fears % ciara Tet ferwea F, % fers as wafra fect aiafera Hot sie te faerie see, waa a WerT fase arard at fret wearer wer a oes wera frees aE aot ah feo ar eet at; (G) Sa Ten A set Reet alae soda at UA ane, SER a Wer fees Sra weet Bt vega aE & aT eet ora a eH Pe Tee, ae yeaa fara sre bot senate, fare seat ar ar alee at sat Set args, ge a faint at from aftaferr wea} at A ott seh Way F cfs ferns & are A afert BEA; aie Cn) dae were fava der A afta A vaReat afeRee a err 21 a STMT (3) Heat Tew ah Toe alts Ben Trae VA TAT SF aret 2 daftra vera aon Sree valsrit & fore HAF ct Tt 27, fafa surcteen Bra wfisar ah farce atte attire ae - (1) Tes fafaféee soatacn Sh #3 Frat & orey ae fae @, 8S oH 3 as ara} Hae att wets fafatte soetaer sit ea Prat & wey vem stfearea F otra &, Fett Wea fee aA Hott aT AST SA Bh ahs Ara siiere AS Sara HOT Sit ae ST AY at Pe se a Tas eA Bs aisle A ea | ye eer Ferra Sree eH rea SiS, SAE a wer faa STA A YSAT Be TAT: FEI ait BPfrd He ate sunkrage VET A soe B saa ear yPatire ae h fare she aah Pater ae & agehes Biba a Pare eet ware ate site wiser at fart eet cen sitar et & fore St sravas Was US atifira Sorat RUT |18 THE GAZETTE OF INDIA : EXTRAORDINARY [Parr ll—Sec. 3(i)] (2) mem ferfera =ifet ait mer Safer (1) anita sitter fret wiper sh TOT SATA Te RTE FAs Se fat wes Pafitee sacha Ret or oir 4 frafetad % day 4 agai aitafera ao, state, :- (&) fat wera fasas arart sort S wer atinst ate wera fara amartt & vft aga 3s fare wftesa fee a are arftanfeat a (@) wa a dara Sar A are a Tres at foraaHt fafafees Sea BRT yer fad ae 8 ot at 2, Tea & a A Ga ST Ct) [Sagat sora fara ae Ufafiae fear oT ae fH fet vers faran ten % dae A fed pers faves sieht ae srt aftafera fare ye fare Eo Te eas BAF arate ETE ; ax (4) Gera sea ainer ware ait vers faren oA wre wel Gay A WEA | SREATT 5 Surfers UG AT SoAT Sera WET B wheter 28. sorfirgre Use aT soa aera Weer SB wheter: - C1) Pet & wea 8 od fae wets were ferraen een, Were fara TET aot ait fafafees sateen alt Sra Hare 3 WR as SRT hae FT PT % yror 3 ware afters & ane wes aera fers Sere Set Ba sora BH Sha ae gfifira we fare aneawaes ane fe a ore aeRhae ati, TET Ten Tere fates sraand feet soften Wea a Seay fea TR BT a(ArT Hares 3(i)] UT A UAT : TAIT 19 -yefira <B afte oa tere ae oppor Owe Pfr aah Aft ake vie ay (2) we cif ote athens act Resta A crear ose THE Se BAT, sobre (1) 3 apder Rrefera atte abt, wees were rn se wee Pras Sart deft sft Gree sede tet at ate wine a BS ar veal a afters stm ares - (i) Sa wre area ate’, seat athe were Rreers sre at Tira Yeh tS, . Gi) ae afiira tt ah fe ae are anger ates, sirard afk very faran saat at aga hae ay US wees ot aterital ar aftted aiteittat at agar aca st sa art al oewane STENT TWAS & AS BEIGE BTS MGT St | Gii) SAR art sara TS TE sas, TRAN sit vert fara arard affaat ait tzaat ae Wea at aifse sree are fart ararifes aga fear ait wread & aan 3 ares ary sit %, Qfiira ott Frafira tt wh sitet ae Yiisa Her fH se ffi ATT foe aTe ae aah STEM Ue PRA geet TE ; Civ) a8 Giza tae fH ies & vert a ees & dae F wake uofa armté sre fasten set aifircke ar fen ser Bee WC aT are Sent ere Fert arg ; (v) We Ofiire ct ae fa sa Walser & fore fase creat sa art TS FM ae sies Wad a were fers sree aT fat sige set a tert & fea Pear wet & fare yaley ar wet;THE GAZETTE OF INDIA : EXTRAORDINARY [Part II—Sec. 3(i)] (vi) Se art ayes ates, Ant a years farsa Ue Wea & fare fre 1e ci a area after HoT fareey B- (%) Wht BS oak st oH a, S Gea B dally arias Sah are seer Ta Te wins, Sart a yeas ean set oe TET fers ar Ware aX BF St, she Veh Wes ar ake eT aA, a3 ad at Wear fred aia’ oT TT oT ET a (Gl) Bay at ers rater & fers BS oT | aifira aifeerat aitz piafcat ar vite S data suey att ae gia ae fe drdest ort se Ata food de ora oftead afar anata, ween ® fre a srerar tt; . (vii) afteret ar often ait watcher wear aed & wan a ues fret deter Shs ar ger att saan east HB, aT feat sit omnia ar fraftrt uate at Patra ait fieacar & (viii) Ter Shert sro sae woret a scart sit Wa & fae (ix) are a SY Free TUT, Ma ae CH HNC Prat teaeaT FRAT SA TAA | SATT 6 fasra-iteaen atte siren 29. faarrirrea sie attra & fone aera - (1) aenst wart ait Wess fare Srrare & asst aT Pres A weds Were are fara ae ot a er Fe ee ar fae such wet BRRTERRT ipa at ae BRT ara & fae siti aor fe sah aT, strand, aad aes Priaor ar fare oe a ea tae &, & aris yeas fares oranda area feta sie Totter far seq tht | ,‘Lar Tavs 3(i)] Ud BUTT : SAINT | (2) Wee vers eee artant are a era fare See aT fates sealer = fraat & aney & od fae, & Peat & 8S ory & de are Ft atte wes yore fracas ara det ar wera Seen ar faite saetsar s Frant & waa OA} var on arcane & ae 3 Ga ara 4H, are opis arias few oT ak wera saat & aaa A as vara afterfcal, arienital arr faeretrrat ait Thar aera & arqarert at Bhifire art & fore sah ore fers We sora at fafitee axa Ee as Freee ec ar eR a aed He afer siz WEA Bl TATE | (3) subrrt (2) 3 ania zen ata atte afte afiver a crease oe ofp TE (&) ae atten FR sah Hea, wine afte, sthhenal, Shere sik at aafea st saa Safire ¢ ar sit sas Uga, Aare sik yea farsa aad a ies area, & ger apparent Her fare era ST aT SHI Tad & Sk SAH Vasa UT SEAT HTS & aik (@) ae atten fe wets vers fawn set set at wes sree, freer, Waders, Terese, sired a arr wea ay eee at Tem aed & ya Cel feratan sik Ween at areca & STC & fee eT 3 a TOT TT HLA E | (m1. a. 7/67/2005-atire (ii)] afta af, dqaa afeeTHE GAZETTE OF INDIA : EXTRAORDINARY [Part II—Sec. 3(i)] oat wag 1 (fran 4 eftaz) afertererey at ART 7 Bs SEAT TA TOT Be WHTUT- St TN Se fore Braet & areata few werden cor Bi Waa Se TENT th fares ardtet (&) atte at eqa eel a athe (SY) SHAT ATCT Ht CT HT ATT eee eee eee eee ( ater often & afaarera 4) CT POT oe ceecceeeeseees . [Fram 10(2) Hagare ariter wafer ararers art fem TAT |] (sree Serer safer aftrret 8 TET )(art wars 3(i)] ARG HUTT: See artrerareainr : @, 7A: Gi) afienat a ar (iii) WH Aiea et atte & fore Te @) veri aa sia cer (i) vert aatea Gii) wifes St ante & fers Ter 3. seftra sneer at fafereat frafefan seer faec ander: 4, are . andar ae ate shoo acer fs fram 45 oer faa sae st et 7 SRA Staite vie arta aneer Peres antter Bh 5. WAT eat ae & cea Pena fez es (et arenas mH 4 ceat a afar faa Sars 1 wen er a ret aes es et SPRT STA WIR Fe, TAT | . sTHE GAZETTE OF INDIA : EXTRAORDINARY [Part II-—Sec. 3(i)}] 6. AN Ta styay-- sated tr 5 8 sitea coat a eft Banter freafefiea agaist & fer weft ata B- Cait are agate stargate aft sae Finke fats edu (ae ade 8 Hom a aU Hed Be fahaae wr) 7, siafer aera aes, fra tre wea Tes, - Sar We cif sian fariaa, arden Fret Rafer sinter sneer ar yer area B--- (ae arat alsa wikia siatta oreo at vat Tare ) 8. fae re sven at AINT---- anton ag disor car 8 fe Sa Sey ania sa soca wh Seat a fae a1 (ae Brera By S fre Te spageg atk U8 apanger a Prenat ar Sth STE) 9, Fara aa ararera Barren citar TES, -- Te arterelt ae att staan ace € fe ae aren fare dale F ariter at eS eat fatty 35 Para =r Reh arr arco 35 eer wer et & ar Pe Pa ITT AT SS ROT BIT: hat ET fT ATE 10. atqw@Atirar & sat . wemraat Farrar Pat tear’ & ART a aialaes Hea Be satire At aft worse |[AP MVS 3(i)] ae UA» TTT 11. Geral Bt Beh -- (#) (@) c19) (a) (S) beneeeeeceseneees Hert art Hewes | wentia aca & fe wr Ho 1 B11 A aiadeg At cara aA aik eee aficral oc orentta faara & arene wat @ site AR feat cies cea at cara aH fooren ser ( atrenelf a1 afta) bea eenes aS ...... A Se ST Greet at Te SrH Bre wes SA TE anit st wate at aftretata at ard 8 _ RRR ( atte viene Teafiateer arferard a weer ) RN : ara: 3889 G1/2006—4THE GAZETTE OF INDIA ;: EXTRAORDINARY [Part II—-Sec. 3(i)] Wrest 2 ( fram 19 er safran (2) fae ) (aera farsa Gee SRT TEI 1S SI CH ara S Ha at A are SATA) (%) SifA ATA /SUATA ww. eee WA ATA eee eeee eee Fey 2, af sae AA are os A feet ae ATT Sarat Be at et (%) AS St, See SAA AA STA eee WAAR... | 3, SUR CA aA AT OAT oe eee 4. BITCH aa Va: _ (&) staria var weeyreeyecre a0... URE Fe OF aT TA tenn ceeeseeeeeennaeeaes SH/TCHN/ CSR dod teeeeeeeaenteeeneneeeers aa /ra Re HT/SITTAT FATT belie teeeenees RTBC HE oc celecceseeeeeeeee UST AGE TETAS boceteneenees FOF cee MAGA eee BRT[ART — ave 3(i)] A UTA: SAT (@) wafrarce : Cn) | WaasHarers 40; 5. Ta SSE Hl Te -- TT 4H (H) MM (® F, Te ATLA, wal ( ) her - we | 6. Sat ST ale fa TA: 7M ae wT set a, vet () SEM wT , Fea Fleer 8, See caret A TARA: (RAAT) 10. SUR A art H AH Ula HT SANT. (BH) GTM... (@) sama.THE GAZETTE OF INDIA: EXTRAORDINARY [Part }l—Sec. 3()] 11. Sat OH OTe ise aS SAT oe CH) PASE WS WA cc ccceceeeeeeceseee — (CG) HIBS AST GO... ce leeteececeeseseerees 12. SOL OT A BT SAT TAT occ ecce esse ceeeeeees 13.3UR OF aa Hl Ag BBCI Ta (als BE B) 14, oF Ud Tee H WT Sa a act Sales BT Wa Sea -- (Praferfigs FS are aff) G) weit at Gi) AACA Hl Wea Wa. ee (iH) STATO GO. eeccccccceeteeeeeesensatesnneee 15.aeut at eafeat an Frere coaferrat an ara eerrtie Prenat fer ; (HYCTAR GO. oo eeeeeseeeceeees (SPRY ATED SY TRG. ve secccceeeeeee(AFT Hears 3(i)] Re A Ue: Sa 2 ASH TA CSTE, oc ecccccssscscsssescscesessseesesenseneaees RA START TEV STIAT. sssetsesssetsesssetenncssssntes eR. 0] (| reeTHE GAZETTE OF INDIA : EXTRAORDINARY [Paar II—Suc. 3(i)] TIS BE TT OF PTA. ccc ccecccsesesseceeseeeessesteeceeees QARTA WO. eee eeccccccsvececteccecascecsesseseeseasseseevases WRT GO. ccc cccccsseccseessesscssessvessucasecssessecsessace TAT: = FASVARRAY SRUE GO. occ cscccessssescssssvesssseesseesenseesevannsesseeeeas UPR TEA SOTA SATA ee ceceesecessseseseeseceeecsseeseenses WASP STAR. ooo ccccessccs cess seseeseesessssesessens SIA/ STARRETT /SUTUTT. ooo cesesccseeeeecessseeeeoes FTE RTE, ccs seesssesseeones ne PETITE BA. eee(HFT H— wars 3) ) Ud St WTA: sae 31 rT 2 (aReaary paeateat & Parareatraat & arena wert at ar BA arg ) ; 29. AIX FTE A SMT ce ae Al weys Ge aT Ae Ht TE vers Benet st () Weds fates Glan a vale atk sah ania Tae aT AE EF ale THA, (CG) Tete geen & fers ca & afar a arty, aml areciacn are, (a) yeas saan & fed fee a St aha Wt sa OA are & farsa gar a HH, (S) veda fattes gfe ot uefa ait sam oni apifea a, srqaifea st ay aett tH, . (4) sae Oe are Safa are Sucre vee effin fen A siafora TH, (S) Fas anes aE Blsaean HET TT H WR fates |faeneit Thales Ufernat ar daftads, (1) ate afer safe F uftet < at dara at aes athe oe aera Fh dan aT afaera, 30. Weanafaerat a Se caer B satire ara frat fracas a afeaferd eet Se era Beer a Ta AA ae fers HAT aT VfeTafa SA 3 A wea Rea z, (&) a, Qi ae frat wey atk fit ae, cere Ao, sea fate Area at arte, Weamyfaeray HT tet RAT FO,” ca) frat aA (7) vearefa ar semafa A a arett we, atte (Ca) set wearsfecran sre eafeees Peet rer seat ara IE at TH, aie HE TT |THE GAZETTE OF INDIA : EXT: RAORDINARY [Part ]ll—Sec. 3(i)] wred3 (fran 29 ar safer (3) thaw) faratran sire tinetraran at are a wearers ear Sa Fai shen Bea | fH (were fara Sree Hot Ar ATA») ar arerer, Freee, eee, TESA SEY, HA aT arma aA Te A aeaRL, eer, Tats, ReTEAT, SaTY, SHA aT siftenal & afer ar Fargas aque are site ae fe (wera fea cert host ar A) Sah weet ait rat sae Ores site pat sas ATA forrst fear eter vgs Cras The cartiat wettest raf @, S safle Arreit S fat sma ar feat Tee, shred, aad a afta hea A At ator H ded Fa A ar wad 8 at sa dt ae set oe fe a Ue) orrerd cin ater aa arora Bt aT (aeae fase Tard HT ar am) hale art Red Ba st ufafrat A wef ae fai a oraare sik yer saa aerate, a et sare At fers yas SOT stavan A shad S Wes: aT area: Tafsa aT RE Te HET | A ra at hot h at erat aie sre wh Fret A aaa THT sare TET aie chet & fer AT feeretiar sit TNA STATA Hot er AT deer Water FH gare Ht ae SP A feet cafe at Froann a feet Gera ae es aT STAG aT HST yore a fseket ot (ser fase Sa shoal ar a) aS a Hes HS aie Sah Hae a Saher &, & Froenr aT aa BT sara el HET we aH CT Sag Re Freer ar aga ar felis Wa a afer set et * (ENO OX BEML HCY Tey SAAT TA Bi Te) RA:--(aT ars 3(4)] MINISTRY OF FINANCE (Department of Econsrnic Affairs) (BANKING DIVISION) NOTIFICATION New Delhi, the 14th December, 2006 G.S.R. 753(E).— In exercise of the powers conferred by: section 36 of the Credit Information Companies (Regulation) Act, 2005, and after consultation with the Reserve Bank of India, the Central Government, hereby makes the following rules, namely: - \ CHAPTER | PRELIMINARY 1. Short title and commencement. - (1) These rules may be called the Credit Information Companies Rules, 2006. (2) They shail come into force on the date of their pubiicatior in the Official Gazette. ‘ 2. Definitions. - (1) In these rules, unless the context otherwise requires, - (a) “access” with its grammatical variations and cognate variations means gaining entry into, instructing or communicating with, logical, arithmetical or memory function resources of a.comp.uter, computer system or computer network including aporoach or communication or making use of data, information or «credit information through any means, physical or otherwise.. (b) “Act” means the Credit Information Companies (Regulation) Act, 2005 (30 of 2005); 3889 GU2006-—5THE GAZETTE OF INDIA : EXTRAORDINARY [Part Ik Sue, 3(iit (c)"agent" means a person duly authorised by a company or a credit information company, as the case may be, to present an appeal or a written reply on its behalf, before the appellate authority; (d)"appeal" means an appeal filed under sub-section(1) of section 7 of the Act; (e)"appeliant” means an applicant company or a credit information company, as the case may be, making an appeal to the appellate authority under sub-section (1) of section 7 of the Act; (f) "appellate authority" means the Central Government, or such other authority or tribunal as may be designated subsequently by the Central Government as per sub-section (1) of section 7 of the Act; (g)"data" in relation to a credit institution, or a credit information company, or a specified user means such facts which are collected by or furnished to them, in respect of a borrower ora client, as the case may be, and form. part of the credit information relating to such borrower or client, which is maintained, disseminated and used by them in accordance with the provisions of the Act; (h)"form" means the form appended to the Schedule to these rules; (i) "information" means, collectively all data, and credit information or any part thereof, collected by or furnished to, a credit institution, or a credit information company, or a specified user, as the case. may. be, in. accordance with the provisions of the Act; () "rules" means the rules made under the Act; (k) "section" means a section of the Act; (2) Words and expressions used and not defined in these rules but defined in the Act or the Information Technology Act, 2000 ( 21 of 2000), shall have the same meanings respectively assigned to them in the said Acts.Lam avs 3(i)] ad BUSTA: ATI 35 CHAPTER II APPEAL 3. Appellate authority... The Central Government, or such other Authority or Tribunal as may be designated subsequently by the Central Government as per sub-section (1) of-section 7 of the Act shall be the Appellate Authority for the purpose of sub-section (1) of section 7 of the Act. 4. Form and procedure of appeal.- (1) An appeal as per the provisions of sub-section (1) of section 7 of the Act, shall be presented in Form 1 in duplicate by an aggrieved credit information company, or its agent or by a duly authorised legal practitioner, before the appellate authority or shall be sent by registered post addressed to such authority with acknowledgement duly addressed to the appellate authority or any other officer authorised in writing by the appellate authority to receive the same. (2) An appeal sent by post under sub-rule (1) shall be deemed to have been presented to the appellate authority on the day on which it is received in the office of the appellate authority. 5. Sitting of appellate authority. - The appellate authority shall hold its sitting either at a place where its office is situated or at such other place as it may deem fit. 6. L anguage of appellate authority. - T he proceedings of the appellate authority shall be conducted in English or Hindi and the appeal, application, or any other document submitted before the appellate authority, shall be in such language and in case any of such documents is in a different language, the translation thereof in English or Hindi shall be required to be produced. 7. Appeal to be in writing. - (1) Every appeal, application, reply, representation or any other document filed before the appellate authority shall be typewritten, cyclostyled or printed neatly and legibly on one side of the good quality paper in double space and separate sheets consecutively numbered shall be stitched together and fled in the manner as provided in sub-rule (2).JF INDIA: EXTRAOK. __ {Pare {l—Sec. HU] poea i under suub- rule (1) shail be presented in duplicate oy the aq 4 the aggrieved company ar the credit nnompany. a6 the case may be. oy momeora sum of appeai. - (1) Every memorandum oe under rul & shail set forth concisely under distinct rn appeal without any arguinent or nairative = numbered consecutively. interim order or direction, appropriate raved for in respect thereof may be included of appeal and it shall not be necessary to cation of memorandum in this behalf. . cerenents to accompany memorandum of appeal. - (1) Every mem orredum of appeai shall be accompanied with copies of the ord 1zinst which the appeal is filed and the documents relied upon he an -sentation acc! scrutiny of memorandum of appeal. - an scrutiny of the appeal! received, it is found to be in order, . §all be duly registered by the secretariat of the appellate rand giveri a serial number. 7 scrutiny, an appeal is found to be defective and the defect ‘hai it could be allowed to be rectified, the appellate authority art ime not exceeding thirty days for such rectification and "3 secretariat to communicate to the appellant the defect and cranied for its rectification. appellant fails to rectify the defect within the time as r the purpose as per sub-rule (2), the secretariat shall ‘eport of such failure of the appellant for consideration of »xtate authority, who may by an order and for reasons to be “din writing, decline to register the appeal and direct the tty communicate such order to the appellant within seven OF the date of ihe order. ; ‘opeliant omits any representation within a period of © of receipt of communication as per sub-rule[3 —Grs 3(i)) UR BUST : AAI (5), wi sufficient explanation in respect of its failure to rectify the defect within the time granted for the purpose as per sub-rule (2), the secretariat shall submit such representation for consideration of the appellate authority. (5) The appellate authority may, subject to its satisfaction about the sufficiency of the explanation furnished as per sub-rule (4), by an order and for reasons to be recorded in writing, review the order passed under sub-rule (3) and grant further time not exceeding fifteen days for rectification of the defect, or may reject the representation in case such explanation is not found to be satisfactory, and any such order passed by the appellate authority shall be final. 11. Notice of appeal to the respondent. - A copy of the memorandum of appeal along with the copy of the documents submitted therewith, shall be served by the secretariat of the appellate authority on the respondent as soon as the appeal is registered as per sub-rule (1) of rule 10, by hand delivery, or by registered post or speed post. 12. Filing of reply to the appeal and other documents. - (1) The respondent may file reply in duplicate to the appeal along with documents, in the secretariat of the appellate authority, within one month of the service of the notice on him of the filing of the memorandum of appeal. (2) The respondent shall also endorse one copy of the reply to the appeal along with documents filed as per sub-rule (1) to the appellant. (3) The appellate authority may, in its discretion on an application by the respondent, allow the filing of the reply after the expiry of period referred to in sub-rule (1). 13. Date of hearing to be communicated. - (1) The appellate authority shall fix the date and place of hearing of the appeal and direct its secretariat to communicate the same to the appellant and the respondent in the manner as the appellate authority may by general or special order direct. (2) The appellate authority may subject to its satisfaction adjourn the hearing of the appeal, if so requested by any of the parties to the appeal.THE GAZETTE OF INDIA : EXTRAORDINARY _[Panr 1t—~Sre. 3(i)}- 44. Hearing of appeal.- (1) On the date fixed for hearing or the next date in case of adjournment, the appellant and the respondent shall be given due opportunity for putting forth their submissions in support of their plea. {2} The appellate authority may allow the parties to submit their written arguments in addition to their oral arguments. (3} in case of non-appearance of the appellant on the date fixed for hearing or the next date in case of adjournment, the appellate authority may, in its discretion adjourn the hearing or may dispose of the appeai on merits. (4) Where an appeal! has been disposed off as per sub-rule (3) and the appellant appears afterwards and furnishes satisfactory explanation tor non-appearance on the date when the appeal was decided ex-parte, the appellate authority may subject to its satisfaction about the explanation, set aside the ex-parte order and restore the appeal and decide the same on merits after hearing the parties 15. Order to be signed and dated.- (1) Every order of the appellate authority shall be in writing and shall be signed and dated by the appellate authority passing the order. (2} During the pendency of the appeal, the appellate authority shall have powers to pass such interim order as it may deem fit including one of an injunction, subject to reasons to be recorded in writing, which it considers necessary in the interest of justice. 16. Communication of order.- Every order passed on an appeal shall be communicated to the appellant and to the respondent concerned either in person or by registered post within a period of seven days from the date of the order. 17. Orders and directions in certain cases. - The appellate authority may make such orders or give such directions, as may be necessary or expedient to give effect to its orders or to prevent abuse of ifs process.(4M 11—wars 3(i)] eA LA ART 39 CHAPTER Ill STEPS AND SECURITY SAFEGUARDS TO BE TAKEN BY CREDIT INSTITUTIONS: FOR ENSURING ACCURACY, COMPLETENESS AND PROTECTION OF DATA 18. Steps for security and safeguards to be taken by credit institution. - Every credit institution, in existence in India on the commencement of these rules, before the expiry of three months from such commencement, and every other credit institution before the expiry of three months of commencing their business in India, shall formulate appropriate policy.and procedure, duly approved by its Board of Directors, specifying therein the steps and _ security safeguards, to be adopted in their operations relating to - (a) collection, processing and collating of data, information and credit information by them relating to their borrower or client; ; (b) steps to be taken for ensuring security and protection of data, information, and credit information maintained by them; . . (c) appropriate and necessary steps for maintaining an accurate, complete and updated data, information and credit information, in respect of their borrower or client, and ‘to ensure the accuracy and completeness thereof while furnishing the same to a credit information company or making disclosure thereof to anyone else in accordance with the provisions of the Act; and (d) transmitting data, information and credit information through secure medium. 19. Collection of data and maintaining credit information. - (1) A credit institution shall - (a) collect all such relevant data in respect of its borrower or client, as it may deem necessary and appropriate for maintaining an accurate and complete data, information and credit information in respect of such borrower or client; and =~ (b) use such data, information and credit information subject to the provisions of the Act.ao THE GAZETTE OF INDIA: EXTRAORDINARY [Pare [---Src. 3G)] (2) Without prejudice to the generality of the policy and procedure to be adopted as per rule 18 and sub-rule (1) with respect to collection and maintaining of data, information and credit information in relation to its borrower and client, a credit institution shall also collect all relevant and authentic available data and information as per Form-ll for preparing, maintaining credit information in relation to them and for establishing their identity. 20. Accuracy of data provided by a credit institution.- (1) Every credit institution before furnishing data or an information or credit information to a credit information company or making disclosure thereof to anyone else in accordance with the provisions of the Act shail ensure that the credit information is accurate and complete with reference to the date on which such information is furnished or disclosed and adopt appropriate procedure in this behalf with the approval of their Board. (2) If, for any reason beyond control, it is not possible for any credit institution to furnish credit information as per sub-rule (1), such credit institution while furnishing the credit information to a credit information company or making disclosure thereof to anyone else, shail make a remark with reference to the date up to which the accuracy and completeness of the credit information has been verified and found to be correct. (3) Subject to the provisions of sub-sections (2) and (3) of section 21 of the Act, in respect of alteration and updating of credit information on request of a borrower in accordance with the said provisions, if a credit institution after furnishing the data or information or credit information, to a credit information company or making disclosure thereof to anyone else, in accordance with the Act, discovers of its own, or is informed about, any inaccuracy, error or discrepancy therein the credit institution shall - (a) latest by third day, send the intimation to the credit information company or the individual, as the case may be, of such inaccuracy, error or discrepancy; (b) take immediate steps to correct such inaccuracy, error or discrepancy; and (c) the credit institution shall forward the corrected particulars of the data or information or credit information, as the case may be, to the credit information company or the individual, as the case may be, within period of twenty one days from the dateCAM H—arg 3(i)] TNT USAT: AMT . when the credit institution had discovered such inaccuracy, error or discrepancy or information in respect thereof was given to it. (4) If, for any reason beyond its control, itis not possible for a credit institution to take immediate steps as per sub-rule (3), such credit institution shall inform the credit information company or the individual, as the case may be, of the steps taken by it for correction of the inaccuracy, error or discrepancy and also the reasons for its inability to comply with the provisions of sub-rule (3) within the time Stipulated therein. (5) Any credit institution failing. to take steps as per this rule, without any sufficient reason shall be liable for contravention of the provisions of the Act. 21. Disclosure of disputed data by a credit institution.- If, in the opinion of a credit institution, correction of any inaccuracy, error or discrepancy as referred to in rule 20, is tikely to take further time on account of any dispute raised by a borrower in respect thereof, with the credit institution or before a court of law, or any forum, or tribunal or any other authority, in such cases the credit institution shall adopt the following course of action, namely:- (a) if the disputed data has not been furnished, in such event while furnishing such data to a credit information company or making disclosure thereof to anyone else, in accordance with the Act, the credit institution shall include an appropriate remark to reflect the nature of the inaccuracy, error or discrepancy found therein and the pendency of the dispute in respect thereof and in any subsequent disclosure of such disputed data the credit institution shall also disclose such remark; or (b) in case such credit information has already been furnished to a credit information company or disclosed to anyone else, the credit institution shall inform the credit information company or the individual, as the case may be, to include the remark about such inaccuracy, error or discrepancy and the pending dispute in respect thereof, against such data, information or credit information received by them from the credit institution; and 3889 GL/2006—6THE GAZETTE OF INDIA : EXTRAORDINARY [Parr I]—Sec. 3(i)] (c) the entries in books of the concerned credit institution shall be taken into account for the purposes of credit information relating to such borrower as provided under the provisions of second proviso to sub-section (3) of section 21 of the Act. 22. Updating of the credit information by credit Institution. - Without prejudice to the provisions of rule 21, if there is any change in the data, information or credit information, already furnished to a credit information company due to change in the liability of the borrower or his guarantor, On account of write off in full or in part of the amount of outstanding dues of the credit institution or the repayment thereof by the borrower or his guarantor, or release of the guarantor, or any scheme of arrangement entered into between the credit institution and the borrower, or the final settlement of the amount payable by the borrower pursuant to any scheme of afrangement with the credit institution, as the case may be, or on account of any such other reason, the credit institution shall,- - (a)continue to update such data, information or credit information promptly or in any event, by the end of each reporting period not exceeding thirty days until the termination of the respective account relating to such credit information; and (b) furnish an updated credit information to the credit information company at the earliest in this behalf. 23. Data security and system integrity safeguards. - Every credit institution shall adopt such procedure and measures in relation to their daily operations as may be necessary to safeguard and protect the data, information and the credit information maintained by them, against any unauthorised access to or misuse of the same including the following safeguards, namely: - (a) adopting the minimum standards for physical and operational security. including site design, fire protection, environmental protection; (b}) keeping the round the clock physical security; (c) issuance of instructions for removing, labe!ing and securing the removable electronic storage media at the end of the session or working day;[31 W—wrs 3(i)] UR A ISA: AST (d) providing physical access to the critical systems to be on dual control basis; (e) making comprehensive succession plan for the. key personnel so as to ensure that non-availability of a person does not disrupt the system, (f) keeping of paper based records, documentation and backup data containing all confidential information in secured and locked containers or filing system, separately from ail other records; (g) adopting adequate procedure to ensure that the records could be accessed only by authorized persons on need to know basis; (h) providing details of creation of firewalls and stress testing of systems through ethical hacking to evaluate and ensure its robustness; (i) protecting systems against obsolescence; () adopting procedure for change of software and hardware ; (k) providing for disaster recovery and management plan; and () taking necessary steps while handing over systems for maintenance to prevent unauthorized access or foss of data, information and credit information maintained by them. CHAPTER IV STEPS AND SECURITY SAFEGUARDS TO BE TAKEN BY CREDIT INFORMATION COMPANIES AND SPECIFIED USERS FOR ENSURING ACCURACY, COMPLETENESS AND PROTECTION OF DAT#. 24. Formulation and adoption of the procedure by crectit information companies. - (1) Every credit information company. in existence on the commencement of these miles within three months of the commencement of these rules, and every credit information company to whom a certificate of registration has veen granted, after the commencement of these rules within three months of such grant, shall take such requisite steps, as it may deem necessary, in relation to their operations and accordingly formulate policy and procedureTHE GAZETTE OF INDIA . EXTRAORDINARY [Part Il--See. 34] duly approved by their Board of Directors and adopt the. same with respect io the following operations, namely:- {a} collection, precessing and collating of data, information and credit information relating to their borrower, or client, obtained anc received by them from a member credit institution or credit information company, as the case may be; (b} steps to be taken for ensuring security and protection of such data, information and the credit information maintained by them; (c)} appropriate and necessary steps for maintaining an accurate, complete and updated data, information and credit information, in respect of their borrower, or client, and to ensure the accuracy and completeness thereof while furnishing the same to a specified user o r making disclosure thereof to anyone else, in accordance with the provisions of the Act; and (4) transmitting data, information. and credit information through secured medium. (2) Without prejudice to the generality of the policy as formulated and procedure as adopted under sub-rule (1), every credit information company shall include in its such policy and procedure, the following, namely:- (a) it would have tested and documented internal system for evidencing robust matching levels which may in case of need be used also to provide requisite evidence and necessary examples to the Reserve Bank; (b) the procedure and parameters for verifying and providing certificate to the effect thatthe entire d ata, information and credit information, obtained and received by them, from a member credit institution, a credit information company,or from any other permissible source, as the case may be, in respect of their borrower, or client, has been ‘collated without any distortion thereof and such data, information and credit information maintained by them is accurate, updated and complete with reference to the date of such certification by the credit institution, or the credit information company, by whom such data, information and credit information has. been provided;(Ow lla 30] oe, AE al q Sa: STIR (c) the “procedure for making a notation in such data, information and credit information obtained and received by them from a member credit institution, or from any other permissible source, as the case may be and maintained by them in respect of their borrower or client which is not updated on the date of carrying out’ necessary verification and certification as per clause (b) with reference to the date up to which the same was certified by credit institution or the credit information company to be accurate, updated and complete. 25. Accuracy of data provided by a credit information company.- (1) Every credit information company shall adopt appropriate procedure with the approval of the Reserve Bank- (a} for verifying the data, information: or credit information maintained by them on the basis of the information obtained by them from credit institution or credit information company, as the case may be; and (b) to ensure, before furnishing data, information or credit information to a specified user or making disclosure thereof to anyone else in accordance with the Act, that such data, information or credit information maintained b y them is accurate, complete and updated with reference to the date mentioned therein by the respective credit institution or credit information company, as the case may be. (2) If, for any reason beyond control, it is not possible for any credit information company to furnish complete and updated data, information or credit information, as per sub-rule (1), the credit information company shall make a remark with reference to the date up to which its accuracy and completeness has been verified and found to be correct. (3) Subject to the provisions of sub-sections (2) and (3) of section 21 of the Act, in respect of alteration and updating of credit information on request of a borrower in accordance with said provisions, if a credit information company after furnishing the data, information or credit information to a specified user or making disclosure thereof to anyone else, in accordance with the Act, discovers of its own, or is informed about any inaccuracy, error or discrepancy in respect of the data, information or credit information, the credit information company shall, - :THE GAZETTE OF INDIA : EXTRAORDINARY [Part l]—Sgc. 3(i)] (a) latest by seventh day, send the intimation to the specified user or the individual, as the case may be, of such inaccuracy, error or discrepancy; (b) take immediate steps to correct such inaccuracy, error or + discrepancy; and (c) forward the corrected particulars of the data, information or credit information to the specified user or the individual, as the case may be, within a period of thirty days from the date when the credit information company had discovered or was informed of such inaccuracy, error or discrepancy. (4) If, for any reason beyond control, it is not possible for the credit information company to furnish corrected information as per sub-rule (3), the credit information company shall inform the specified user or the individual, as the case may be, of the steps taken by it at their end for correction of such inaccuracy, error or discrepancy and also the reasons for its inability to comply with the provisions of sub-rule (3); (5) Any credit information company failing to take steps as per sub- rule (3), without any sufficient reason for its inability to comply with the said provisions, shall be liable for contravention of the provisions of the Act. 26. Disclosure of disputed data by a credit information company. — If, in ithe opinion of a credit information company, correction of any inaccuracy, error or discrepancy referred to in rule 20, is likely to take further time on account of any dispute raised by a borrower in respect thereof with the credit institution or before a court of law, or any forum, or tribunal or any other authority, in such cases. the credit information company shall adopt the following course of action, namely:- (a) if the disputed data, information or credit information has not been furnished, in such event while furnishing such data, information or credit information to a specified user or making disclosure thereof to anyone else, in accordance with the Act, the credit information company shall include an appropriate remark to reflect the nature of the inaccuracy, error or discrepancy found therein and pendency of the dispute in respect thereof and in any subsequent disclosure of such disputed data, information(Ar Hees 3(i)) UNE HT UT : ARNT or credit information, the credit information company :shall disclose such remark; (b) in case such data, information or credit information has already been furnished to a specified user or disclosed to anyone else, the credit information company shall inform the specified user or the individual, as the case may be, to include remark of such inaccuracy, error or discrepancy therein and the pending dispute in respect thereof; and (c) the entries in books of the concerned credit institution shall be taken into account for the purposes of credit information relating to such borrower as provided under the provisions of second proviso to sub-section (3) of section 21 .of the : Act. 27. Formulation and adoption of the procedure by specified user.- (1) Every specified user, in existence on the commencement of these rules within three months of such commencement, and every specified user, coming into existence after the commencement of these rules within three months of its becoming member of a credit information company, shall take such requisite steps as it may deem necessary for ensuring and verifying the accuracy and completeness of data, information or credit information received from a credit information company before using the same in relation to a borrower, or a Client, in relation to their operations and to ensure protection thereof from unauthorised access, or use and formulate and adopt an appropriate policy and procedure in this behalf with the approval of - their Board of Directors. (2) Without prejudice to the generality of the policy as formulated and procedure as adopted under sub-rule (1), every specified u ser shall include in such policy and procedure, the provisions relating to the following, namely:- (a) the level of officers to be authorised to: access the data, information and credit information received from a credit information company; (b) the parameters to be adopted for satisfying itself about the identity of the respective borrower, or the client whose credit report is to be taken into account by the specified user; (c) the appropriate measures so as to ensure that they do not fail to take note of any remark included by a credit information company in respect of any credit information; andTHE GAZETTE OF INDIA: EXTRAORDINARY [Part ll—Sec. 3(i)] (d) procedure relating to receiving data, information and credit information through secured medium. CHAPTER V PROHIBITION FROM UNAUTHORISED ACCESS OR USE OR: DISCLOSURE 28. Prohibition from unauthorized access or use or disclosure.- (1) Every credit institution, credit information company, and specified user, existing before the commencement of these rules within three months of such commencement and every credit institution, credit information company or specified user coming into existence after the commencement of these rules within three months of commencement of their business, shall take such steps as they may deem necessary to ensure that the data, information and the credit information maintained by them is duly protected against any unauthorized access or use and formulate and adopt an appropriate policy and procedure in this behalf with the approval of their Board of Directors. (2) Without prejudice to the generality of the policy and procedure, as formulated and adopted under sub-rule (1), every credit institution, credit information company, and specified user shall include such other aspects in such policy and procedure so as to - (i) secure the confidentiality of the data, information and credit Information maintained by them; (ii) ensure that access to the data, information and credit Information maintained by them is permitted only to such of their managers or employees or designated officers, who are duly authorised for the purpose on a need to know basis; (iii) ensure and control, access. to the data, information and credit Information, terminals, and networks, maintained by them, by *means of physical barriers including biometric access control and logical barriers by way of passwords and to ensure that the passwords used in this b ehalf are not shared by anyone élse than who is authorised in[am NBs 34) Md Al UAT 2 ASU 49 this behalf and the passwords are changed frequently on irregular intervals; (iv) ensure that the best practices in relation to the deletion and disposal of data, especially where records or discs are to be disposed of off-site or by external contractors are followed; (v) ensure that the system adopted for the purpose is sufficiently adequate to protect against any unauthorized modification or deletion of the data, information or credit information maintained by them; (vi) ensure maintenance of log made for accessing to data, information or credit information maintained by them including - (a) the data relating to identity of all such persons © whosoever had accessed or attempted to access the data information or credit information maintained by them and the date and time of such access, the identity of the borrower whose data or credit information were so accessed; and (b) the provision relating to preservation of the records and entries pertaining to such log for ‘minimum period of two years and to ensure that the same is available for examination by auditors, or the officials of the Reserve Bank authorised in this behalf, as the case may be.; (vii) ensure the maintenance and review of records and entries of log, on a regular and frequent basis to detect and investigate any unusual or irregular patterns of use of or access to data including creation of the audit trails and verification thereof; (viii) provide the guidelines for the use and access of information systems by external contractors; and (ix) protection against pilferage of information while passing through the public and private networks;. 3889 GI/2006—7THE GAZETTE OF INDIA : EXTRAORDINARY __ (Parr II—Sec. 3()] CHAPTER VI FIDELITY AND SECRECY 29. Obligation for fidelity and secrecy.- (1) Every credit information company or credit institution or specified user, in possession or contro! of data, information and credit information shall adopt all reasonable procedure to ensure that their managers, officers, employees are obliged to fidelity and secrecy in respect of credit information under their contro! or to which they have access. (2) Every credit information company or credit institution or specified user, existing before the commencement of these rules shall within three months of such commencement of these rules and every credit institution or credit information company or specified user within three months of commencement of their business after coming into force of the rules shall, formulate the policy and procedure duly approved by its Board of Directors specifying therein the steps to be taken by them to ensure compliance of the fidelity and secrecy obligation by their managers, officers, employees with respect to data, information and credit information under their control. (3) Without prejudice to the generality of the policy and procedure as adopted under sub-rule (2), such policy and procedure shall also include therein the appropriate provisions relating to- (a)the requirement that their employees, authorized personnel, agents, contractors and other persons who deal with or have right to access data, information and credit information comply with confidentiality obligation and sign covenants with them; and (b)the requirement that every chairperson, director, auditor, advisor, officer or other employee of a credit information company, before entering upon his duties makes a declaration in Form Ill for complying with such fidelity and secrecy obligation. [F. No. 7/67/2005-BOA (ii)] AMITABH VERMA, Jt. Secy.(3M N—ars 3(i)] UT ST UTA: ARTI Sl SCHEDULE | FORMI (See rule 4) APPEAL UNDER SECTION 7 OF THE ACT AGAINST REJECTION OF APPLICATION FOR GRANT OF CERTIFICATE OF REGISTRATION/ CANCELLATION OF CERTIFICATE OF REGISTRATION For use in secretariat of the appellate authority (a) Date of presentation of the appeal (before the appellate authority):-...............:cceeeeeeeee OR (b) Date of receipt of the appeal by post...................+. (in secretariat of the appellate authority) Registration No. .............cce eee eeeeeeeee [given by the secretariat of the appellate authority as per rule 10(2)] (Signature of authorized officer of the appellate authority) BETWEEN AB (Credit Information Company) ; sesneee APPELLANT AND RESEVE BANK OF INDIA beaeeee RESPONDENT Details of appeal: 1, Particulars of the appellant company: (i) Name: (ii) Name ofthe agentTHE GAZETTE OF INDIA : EXTRAORDINARY [Parr Il—Szc. 3()] (iii) Address for service of all notices Particulars of the respondent - ; ¢)) Name and/or designation of the respondent (ii) Office address of the respondent (iii) | Address for service of all notices Particulars of the impugned order: The application is against the following order: @ Order No/ dated:... (ii) Passed DY2-.... eee ececeeeecceeeeee eee ees (iii) Date of receipt of communication: (of the impugned order) (iv) Subject in briefi..... eee Limitation — The appellant further declares that the appeal against the impugned order is within the limitation as per section 7 of the Act read with rule 4. Fact of the case - The facts of the case are given below — (Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise). Relief(s) sought — In view of the facts mentioned in para 5 above, the appellant prays for the following relief(s) — , [Specify the relief(s) sought explaining the ground for the relief(s) and the legal provisions (if any) relied upon}. Interim order, if prayed for; Pending final decision on the application, the applicant seeks issue of the following interim order —- (Give here the nature of the interim order prayed for with reasons). Details of the remedies exhausted - The appellant declares that he has availed of all the remedies available to him under the Act.[om JIGS 31] UR. BT UTA; STATURTT (Give here chronologically the details of representations made and the outcome of such representation). 9. Matter not pending with any other court, etc. - The appellant further declares that the matter regarding which this appeal has been made is not pending before any court of law or any other authority or has not been rejected by any court of law or other authority. 10. Details of Index - An index in duplicate containing the details of the documents to be relied upon is enclosed. 11. — List of enclosures - (a) (b) (c) (d) (e) Verification Ly occ ciec cece eece eee eeesee seen ereeseaeeaaeeneeeeaeeenn ees (name of the authorized officer/agent or counsel of the appellant company), S/o, rere TEED STOTT EOS S TET TSO SE SSESSESSESISTSS ABE... seseceeeeeereeeeeserees WOrking as beet nee ee ee eee en en eeeseneeneases [rr hereby verify that the contents of serial nos. | to 11 are true to my personal knowledge and belief based on official records and that I have not suppressed or concealed any material facts. Signature (agent of the appellant) Place : Date RECEIPT SLIP This is to acknowledge the receipt of the appeal filed / received by post today on...... day of....... sthe year.......... before the appellate authority by Shri/Smt working as in the office C0) eR s.7(611 1-2 Signature (of the designated officer of the appellate authority) Date: Place:THE GAZETTE OF INDIA : EXTRAORDINARY [Part I—Sec. 3(i)] Form II {See sub-rule (2) of rule 19] (Information to be collected by a credit institution in relation to its identified borrower) Part I For Individuals 1. Name of the borrower: : (a) Last Name/Surname First Name Middle Name 2. Ifthe borrower has been known by any other name in past ? Yes/No (a) If yes, his Last Name/Surname . First Name Middle Name 3. Occupation of the borrower- 4. Address of the borrower: (a) Residential Address - Flat/Door/Block No.___ Name of Premises/ Building/Village Road/Street/Lane/Post Office Area/Locality/Taluka/Sub-Division Towns City/District State/Union Territory Pin Telephone No. Fax Mobile Phone No. ------------------------- (b)Office Address - Name of Office Flat /Door/Block No. ----------------- Name of Premises/Building/Village ---------------------------- road/ Street/Lane/Post Office --- sereneenneenenene Area/Locality/Taluka/Sub-Division --------------- Town/City/District --- sretrce rece eee enn nneee State/Union Territory Pin ---- Pin ------------- Telephone No. Fax 5, Address for Communication - Tick { V } as applicable (a) or (b)of column No.4. 6. Borrowers Father's Name - Last Name/surname ------------------------- First Name -------------------+--- Middle Name - 7. Sex of the borrower - Tick { V } as applicable: Male/Female 8. Date of birth of the borrower: (dd/mm/yyyy) 9. Nationality of the borrower -- 10. Bank account details of the borrower (a) Account No............ seeeaee (b) name of the bank arid address.................:00068 11. Credit card details of the borrower (a) Credit card type (b) Credit card No. ------------------(at ws 3(7)] UR BUS; aT (c) Issuer of the card. (d) Pariculars of Insurance Policy. (e) Insurer Company 12. E-mail address of the borrower 13. Web URL address (if any) of the borrower ------------------- 14. Documents submitted by the borrower as proof of his address - (any of the following) (i) Passport details . , (a) Passport No. (b) Passport issuing authority -- (c ) Passport expiry date (dd/mm/yyyy) ------ (ji) Voter's identity card No. (iii) Income-tax PAN No. - 15. For Company/Firm/Body of Individuals/Association of Persons/Local Authority; (a) Registration Number (b) Date of incorporation/agreement/partnership woe me ene nna tnmen (c) Head office Name of the office ----------------- Flat/Door/Block No, wnenes Name of Premises/Building/Village -------- Road/Street/Lane/Post Office Area/Locality/Taluka/Sub-division ------- seecrnnenereenee= Town/City/district ----- Pin - State/Union territory --------------------0000 Telephone No. ---------- -+---------- Fax ----~------------ 16. Web page URL address, if any 17. No. of branches ------------------ 18. Nature of Business 19. Income-tax PAN No. 20. Turnover in the last financial year Rs., ~-------------+-----2---- 21. Net worth* Rs. 22. Paid up capital Rs. 23. Particulars of Insurance Policy ---------------------- Insurer company 24, Names, Addresses etc. of partners/Members/DirectorsTHE GAZETTE OF INDJA : EXTRAORDINARY [Parr Il—Sec. 3()] (ii) | Address Flat/Door/Block No. ...........ccsceeseeeeeeees Name of Premises/Building /Village .............:cccc005 deeeeeeesaeeeeseneeeesoanes foes Road/Street/Lane/Post Office............. Area/Locality/Taluka/Sub-Division ..... Town/City/District. ..........0ccccee State/Union Territory Pin ...........cccsecseeeeeeeeeeee Telephone No. .............0+ Fax No. ......c cee seceeeeeeeneee Mobile Phone No. .... 25. E-mail address ........0.. 0b escccee cece ee rece ee eeea ee eea eee ee ences eee ener ee ee 26. Name of the authorired representative Address ;- Flat/ Door/Block No. .......... veceeeceessecuseeuesscesseeeuseaeaanes Name of Premises/Building/ village .... Road/Street/Lane/Post Office ......... Area/Locality/Taluka/Sub-Division Town/City/ District .............068 Pin.... Telephone No. ........ w+ Fax Nature of business .............:..:ccceeeseeee 27. Bank account Details; Name of the bank 1.0.0.0... 0. .cceeeeeeeeee reas branch ...........ccseeeee cree ee eee Bank account No. ............::seceeeeeeeeee baton en eaes ‘ Type of bank atcoumnt ...........c cee 28. Any other information ............cccccceeccesccee eee eeereeeenepeeeterr neers erences re Part II (Applicable to Individuals /Company/ Firm/ Body of Individuals/Association of Persons/Local Authority) 29.Particulars of the credit facilities granted or to be granted by a credit institution to the borrower;:- (a) Nature of each funded credit facility and the amount sanctioned or to be sanctioned thereunder; (b) Date of disbursement of the amount against each facility, (c) Number of installments pertaining to principal and interest and amount, the due date/s of payment and the actual date of payment; (d) Total amount of outstanding dues against the borrower as on the date of reporting of credit information; (e) Nature of each non-funded facility and the amount sanctioned or to be sanctioned thereunder; (f) Amount involved in every non-funded facility availed of by the borrower;(am N—wars 3(i)] SKC MCR UGA E MPa SL ICAUT (g) Conversion of non-funded facilities into funded facilities on account of non-fulfillment of commitment made thereund er; (h) In case the facility is revolving in nature, history of meeting the obligations on due date of payment. 30. Information relating: to the guarantor or the person who has given or proposes to give guarantee or security for a borrower of a credit institution including; (a) Name, full address including State and Pin Code, telephone number, date of birth / date of incorporation, PAN of the guarantor, (b) father’s name (c) the amount guaranteed or to be guaranteed; and (d) the amount of guarantee invoked in respect whereof default has been committed by the guarantor, if any. FORM III [See sub-rule (3) of rule 29] DECLARATION OF FIDELITY AND SECRECY I, do solemnly swear and declare that on becoming the Chairperson, director, auditor, adviser, officer, employee or agent of (Name of the Credit Information Company), I will faithfully perform the duties of Chairperson, director, auditor, adviser, officer, employee or agent and that I shall not directly or indirectly communicate or divulge any of the matters or any information relating to the affairs of (Name of the Credit Information Company) its members and/or their clients and/or their respective affairs including without limitation ~ trade secrets, know-how, technology and such other confidential information of the company which:may come to my knowledge in the discharge of my duties as such chairperson, director, auditor, adviser, officer, employee or agent except to the extent that any such information shall be or become part of the public domain or when required or authorised by the Board of the : (Name of the Credit Information Company) or in circumstances in which it is, in accordance with law or practices and usages or, as the case may be, necessary or appropriate for me to divulge such information..{ will observe strict secrecy with respect to all transactions of the company and all matters relating thereto and my obligation of fidelity and secrecy to the company will continue even after my cessation of relationship with the company. I will not allow any person to inspect or have access to any books or documents or computer system, diskettes belonging to or in the possession of the ‘(Name of Credit Information Company) and relating to its business unless such person is legally entitled to such inspection or access. Signature: (Name and designation of the person Signing the declaration) Place: Date: 3889 GI/2006—8THE GAZETTE OF INDIA : EXTRAORDINARY [Part H—Sse. 3(3)| aie ae Feet, 14 fewer, 2006 aTeLP, 754(31)—andta fied da, cera fees art aah (fafraaa) safer, 2005 (2005 #1 30) = emt 37 arr yee weet ar wat ae ae, reaferfiaa faery aarat 2 arat — ae 4 prefirar 1. deer ama sik ake -(1) ge fahraa a7 df ara wera flere ora Gort fafran, 2006 & | (2) & worms 4 pene St areha wr wga ey I 2. uftararé.- (1) ga faParat 4, wa ae for ded 8 areen atfta = + () “afPan’ a were fier ura ort (fears) afer, 2005 (2005 HT 30) aye ze ; . (a) ‘“dueeat? o aenfera, as: were wer a age were fayae wert aot a aenfeata arg farts duswat afta 8 ol se, are a fet ser ay ae, ar feet (1) “Te Tete” Yo age S gag aor w wafer oe & fey, fra fey after after (far) afar, 1952 (1952 GT 74) } ania write afi aon ara ent AR ng asa 3 fay os wr or og Soh ar arg ary Fafa Prova afta & , (a) “Ser wad Sa” ois Oe, Ge daa oe, Gee GE ore ae & fom fee weet alk faite crates wr areal wert are Wat aida zs ;(4M Il—@Grs 3(i)} UR Wa: Hee (@) “wen” ga Biron Hoes 8 ewe men afte e; (a) “aha? 8 aenfere, feet wera een ar feet wore fase art aot grr fort pee feu wae aod a weer Ste a aie whe o ea A Wea Vet wea afin a; : () “Ser ufratar” 8 data aE a wer wR ae efi athe ot ars werraa at oles aur afPran, 1944 (1944 wr 18) 4 faftfase men 4 fart cle ao oS wae A fay sors at mg Sails wfaufa wfeer (afar) afafran, 1956 (1956 @T 42) 4 wfryfa Bw 4 aenka wart wfayfeat aftr s ; . (a) “ater fafrarren afte faera oftreneor” S ater fafa otk fepre miferer ari, 1909 (1999 @T 41) at ara 3 @ oniy enita don frame ak flora we atte (@) “ofeafrat” a sfeyfe dfaar (afer) afffras, 1956 (1956 wT 42) at a 2 ws (w) 4 aerakenfta wiry sft S 5 (a) “areetter weg tte FAP are” S areca way othe PARE as of, 1902 (1992 #1 15) a rer 3 nity wafta areata weanefa sie fara as afta @ ; fe) “aia gata firemen wife” & adie gue fahrerae steer afta, 1997 (1997 aT 24) &t arr 3 @ ania wnita aedta quia fararen wien afta z ; (a) “arte weer” 8 sft 8 ate fered sinta arg wow, ws wearer a Mg ver Gere, vi Usa were TR oT aay Ker TRS ere tS er A edtor 2 othe ot are siege otk faPrra ars & ere caret @ wr FH etree way wat tS | (2) oH wat ate vet & ot eat wqae 8 othe ge APaat A oPenite ae a feig after F an Praeh # oftenta & aa aref AY ot are ar eae ee wa 2 fafifgse orate 3. afar a a2 6 ds (3) 4 anerdida fetid wrasit G werner Preafafed (em) ater afta, 1938 (1938 a 4) 4 men oferfta dtr Pee otk fara wife a (@) ee ert ot tger a wr dad ore aul et sik areata qedere fh mitra & erecta et ; (7) arg were Mer arftareor vit arches oferyfe site Pers SS B vforedteya a ;THE GAZETTE OF INDIA : EXTRAORDINARY [Parr H—Sec. 3(i)) (a) Gg tera sere Gt on wha wfeye ate fafrra ars (cere aera ate woaere) fafa, 1992 4 wen uftafta afte area sfaafa ote fafrra aff, 1992 (1992 cr 15) at arr 12 & aris wiiga B ; (@ we ame weer at feet were arg vata & ered BF ; (a) adr afoyie faPraa ats ; aie , (8) atm faPrarre afk fag rea orient | area 3 wera fies sat aot & wr 4 waht or ida 4. gery was AER tee & fey wah gre ander or fen ar- araa Ht ure 4G ants waeiow warms Aue oe a fay fat ori ae sta ander wea w A yer nema, wat, df ware athe faare feu, ford do, Salta orate war, Aad-400001 7 Rad de & 8a wrote ate aftrant a, ot ga ffra Pie fear oe, Set | 5. Paetie wT at HaR Ge - (1) ufe Rod da or feet ander Got are at ag faRreat or fare oe Ww oe WaITA BF ora 8 fH affPraq St eres at Soe (1) A aenfatafee wat er merece GI at B athe wot ge Pas Ae fe ae eel ar ot oe BRT () Oh antes oot a ‘Region ager ak OH Sot at sat sided wat a TT we & faq wag af ot a ae a afte at ett ; aie (e) fesett faferecan tine 4 ford do te afoRea waa an fen AOR oe wet Tet wT S tee eH wal A ge oe A ort at aarp S ae s dae + saa wr unt & ‘fata: arpa 4 frat eet a gr ee S wares S fae Va Fa ware wea wwe ; ate 2) ford te, ve wre ff oom S oem fe afar wt er 5 at some (2) ak wofater (1) & agar tet ad, of gt amg a, amtee art oe oer atk WH arr wal a ard By, Tt ae afia Was, wen “we? F efter wares AUR He WaT | Bey 4 mag fieare ore eafral or ora 6. ora a wee Pre wera sae aor aaa ay wari - cere fasan oer Bott Ora & we-we sy fafraat & apiece te wal S anf vers fesse oot suai ora Prafaftza wer a oe wert, seta: (®) fet caida wt omy ead af wera fas WHOM UIE GMT ; (@) SOY Was very Venail ay erer weer Vad Bree HW ; (7) wee Seri a dua detul S dda F dagen wet, We SST, THE eT ae Sier SATE HRT ; (8) gas wee vem faa dent a ofefeat + aeent wferyfeal & fre fey 7g(UMT —@re 3(1)} UT AT UTA: AAT 61 aren ae atx fatiféce arated sik gad weet et ere wer aie Bene wer | aT & 7. mer fare orat & dyer sik mega fey aM oS fay ye oT wet-(1) afta el an 17 St wea (1) & ads ars wera fsa orert art a oe ff aot are oft ar ates, at wee, cafe, wera den a veo fisae weet drt 8 vera faeap arTaret & dren & fag mea 7 a wad Pocay w 4 tor S fay Ge aN wee | (2) wate wer fasae oat aed, vers fisae arent dae & fay Rad do F agar @ wt fer wer eet at azenfeifa, wera ean wena a wera fase aert ort a wl sad weer 2, we vera fasae oot eG fay os we TA EET G wer Hw faart Fert | ; (3) eo eet ate ee fas S ora aA oe Mac aenferfa, wer ee aT wera fase URE ST a art Bara a wer wea wa fears 4 wera few arTert Aor I 8. were fasae wert siete oe & fee wre or faeme- (1) aenfera, ag vers wer a ner fae arent eet fafa 7 & safahar (1) & appear Praca wa @ star feet wera fasae arent ert ern a Ae ag qa aT oq feet are ore B wet A are ae ad aaa 4 we arg sad aqme & fay wa fren @ fay deg wera fava ured aot Sw Gen! (2) afe vag yer fasan urert wet a, senferfa, wae wea Ten Ul wars were fasaa amet ert arr fey me oat & wae wa et & a tht wera fisaa ue ort &F ama 4 fafrrs (7) & woes (1) & arpa te sera fawaa ore orf art aot 7g BeAr @ aqme 4 oral wet A fore AAA ar Rad dee at PPT ST aie Rad ga or daa F fafrgeg aiff erm | 9. wera fier oat a ager wear fear ora.- (1) were wera fosae oer art aR soca yeaa flea ret af afta St ae 17 wt se (3) & arpere fet fafafese (m) ward wera faeca ar wea ; (a) waad? sermalat six wire afta ar staerecr ae ; (a) meal & foota west at ACA WaT ; (a) aoe meat & GRaa on gafdeters sik years DET ; | fe) (3) aor arpt a fhm peal award det eT; (a) fart wera afer afta & wr a pet on werd Pider wea >THE GAZETTE OF INDIA ;: EXTRAORDINARY [Parr II—Sec. 3(i)] (8) were: wert S tae Fo a were Paeaat S water S fog, a wera fowaa weet ak va ato & fog ay zene, fae warenat a eet gree at gers aro of Pre os F far ; (@) wy ates vt feet ama aes gre dere fog or ard fire farts va, fart F para & for after wor oat & wena fort aE were wefser wet ae a fey fAPese urate @ fey arden fran 2, a fahifese orate arr ada Hoe cele Gang wea wt 8, yafdates a aden a of a wad fee ae & fey we ars were Paes at & fer; @ wg alfa w fet caaa, oi fet era afer S va As or area dior wea FIM Ww wera feet a form fot faPifese wrahan at smter oe & a fore faeces ucaten arr oe War ot 7g fear wert wefeen & Gaidcias a aden a gfe a wad fae d dds F fatrera ae & far ; ‘ (3) Eg afte ot Rt ora ales S fore geryfearn & wr Fort waa at greet ag ges afaer @ fery fort fae orate ot arden Gear & a fafese Grate ant wa wea at ag fees wera refeer an, cenkete, yafictes a adie a gig aces fe od ddr Ff fieaa oe & fay ; ; 2 fret afer ot saat wet at werr Bere GET BS fey Mary TAM AY I wa 6 san frat 10. etn eee fasae orert wet, mere teen afk fares sratenr afofrar FA oer 20 4 () «wea fNTH GATT a Uyet GH Gata: @) Wee vers fisae UE ort A sad gre wet ar Sys UTTaret a eer F wht eet eraenPrat wh ot ae yeaa we fe eet qT at - (Qi) ofta sik yan aftahad, wyeta sie wetepeite z ; aie Qn) afa, srnftepa wga, wren, wuiae a was wHeT S aT we | (ii) Welw were Wen - (at) weer WRN aT rere wae oes wet Bs rer gear wea BS Pre FIRTH see aX aT a Sferer sieereit we Prats wa S ster. Se ; she @n) i wh ora ott wt ae Efe oe & fey araae ot fH was Ent @ WS GTO seer YE ake YF | (@) were Bear oY aga aie Gwe saa: (i) were wean fasra orem wet -[FT I— WS 3(i)) UT BT UTI: AMM @) fart aff a) sat ope we swat a mag fers usert ak gad wre ver & aie white sk nocs OU daffa viva a writ ae afk Wer ort; sik @n) © afer SH west wear writs RH S fay BfFaged war sik sae Sf aie weet, aie ta ora aEreal a vorea oh weet weer S aga & fay a, te een ' Gi) afar at ana 21 a ByaTT (3) B aE wen feet wen wr fret see ay ae a a opps Sora oF wats fase sete, weet were leew ured # aren oem & fry waa fasea oer aot af te qa om Are fafa: orate a tit WTI ETAT STs | Gii) wate ven fisen amet ech ft Rae orien & Wt Ge we ew anes, SIR ay Ta w wes S are fey We aga Ww wea ten fry tet wea fase orrornt oot pt tet were farsa ort ter | (iv) wae fase orton, wera ffsrs ae art ak wea den, wea favan Ue a se oe S du F aa aay wet ok Gt Get a ate sad alaa wraat & fay ae yfiead ach fe afoPraq at are 21 at sare (3) & aie ordi waa drm & fae ga Per attra areas Br oft TE F | (TM) cer write a fee : Wed @ arac- ete fates saearen ext see oy aa w wes ay wer S fd ora tar ae a aT ot aad A saat mea fesae orent Rate S anene we dhe feat @ Atex tar fafeag aa & - (@) RATER aA TA oT Tee Bas aR ae ot Oh fafa THN Aen ; @) i wren A sad ariR oe S oro fafifess err ; (3) & faheaa & ferg aracta wea fasaw ret Rate Bt ve oordt at FerT ; @) wena, sae at ae a ee aw mere fasae arent a fire eet Ge soe oat &, wean fsa orent det or are atte ver at wate GRAGTT | (yeaa fsa oat H ue at staf: wR very fiwaa ET er AAT ara ae at staf H fay oer wet ; (ii) wets were eae aE sot ste mee den Rod te ge were ean oat B SRT UT Beat we Oe G day A ord dee & anpiey S ed gre artesios Regia ar vise farieaa at ore |“4 THE GAZETTE OF INDIA : EXTRAORDINARY : [Parr Il—Sec. 3(i)] 11, water Bret a ede H rai afk wierd - (1) wenfeefe, wete were ten sik vere fowga TIMER got ste fafa sade at aaa Preafeftsa fraiet atx ufsaneit a are - (m) aferra ser & UaeT at Aa ate ware ; (a) dag fe @ tidy 4 aferra ser at ara ; at) Sra Baraat ar faeae ; atk (a) afer we & téy 4 feat at reread S Parr | (2) wfgant srer & ae ah Aa afte wearer - confer, ae sera den a mea fsa are art a fatfte orien Peafeter a pei O defa water. d Prarr afer Sel ot WEN, Wom o yedoen wl ae : (@) aftr & wodet & apne a was angst fare a was Wa Heal GH dae 45a ; (@) Pret cafe & fat Prato & er A erat oer ote peat & tide # ot wae Prato Fs mews | 6) Part after S fay wafers cre at are: ga fafraa G are wld Tre @ amen atk sed G ars 4, enfVis, fret were wen, wee fleas weet ae a ang fafafise outa arr ga uertat 4 ae after oe a fay WA oa oY ade Wa we & dae S vet a, ale ce Beart a a, WA wer S dren S ce seneitn aad z- (@) dag ae Bi maior St oars om forrsd fay Wa wer forse, aenfeefs, dae, weet UT Sra far wa z ; ate (@) Ya cer oh ves are Seta war aes aT ated saa a ory a od aT Baa wet H frag alia s | (4) wafeerra ster & oe at araft - (i) wetter were fara urrort aft afk wera te wad ani dqéte, safe arene aaferra rer at ape Ure aE at aah & fay wa (ii) were meee eas GTE tet aie vera een ster H ae afk ae Ge aH war F Rad te & ates B anifaeel an faeora att afk ufrard arcane | emoe : ga fiftar & wdtor @ fae “afta cer” a fet oft & ede Hoa ore ser afta % al fart sera den opera flere ret aot a fat ere sadn o fra & & ge often & onie erg ay Prat S uadel S anger Tae we Hi aryena z | EIT 7 ha at atrarrt wary 12.4) were cere fasoe wrath aot aff ota owe 4 Rh wea wd oS at saa ert a ae ufta wad, ware ten a oere fase aert ect 8 saat Ween at war ae aH fay ora at He F 15,00,000/- % F after vet arP |(rT ars 3(i)] UR Al USA: STAT 6 (2) yee were fern oer Sot aie ora d qe a, Wi wa war owl & fag ewan enft fie ae soged wae, yerm fasae oMON aot a ware & ara F 15,00,000/- & aR oeaa fasae aert art. d are 4 wre 50,000/- & 8 afte wet er | (3) vere fae ordre atPreaa et ae 21 ot woe (4) + fee te aftr a yer gaat at wit Bt so/- w. 8 arafte wor S wd a, G aris SAT (4) Bg were freee oat art fet afes et caat ont wera BET SY wow aU SF faery tet wan, oH 100/- & 8 orfte ad ehh, wart we | (6) wate orem fevae Ure Set fini AAR ote Stet wer wad oe S fare eran ef, fire ag caged wae, ol afeerra vera fasaa urrent Rite wore owt & fay 500/- & ai aI 5000/- & 8 aide wat Sr | Cw. @. 7/67/2005-are (iii) ] afin ai, daa asa wren BL aR OTe Se fore orgeer - gest St waits aendat S mar yt onder wea 4 Rod de wr mega far aa 1. fey | ; “Param fry omer oe ah Pere Pret re, a ae eA were S yeH a aay, oa antes wen @ ure wars far ort aa | andar WR wit were AT wT Fe et | wen & wate goo wearer vee after vie ot maae er a dei . fara art arfey | 1.00 © antes a ARfat 12 ote aor @ Pore oft athe Pro or srorea afte STs cen STA area oT BY) frefoftsa fafifase ee (@) sige ort @ see , “ (a) wie, Te, sage sik wared dott , ae 3889 GL/2006—9THE GAZETTE OF INDIA : EXTRAORDINARY [Parr I]—Src. 3(i)] 1.3 () SrA Gi waar BT B Hears F vet sz ; (@) Tera BIT F GRA Gt aN GM GT wes HH are aa ; 2.0 Wad ANes tmadel G aH ok Get F sad serene 3.0 3.1 3.2 4.0 4.1 5.0 5.1 at wrafr HY | Prewepen after at fafifeat worl 4 Pern ge he | ayaa, aot 4 Rafer ot ante sik oe aa, Pee ve af ay ah he | TTT gfe 8 | (fleas ont & far an fea sateen, aot aw fey aM @ far weafea wer eer farmers fre a & fore vaha & 1) yen aes Fer weal ot edt (rgd arent wh wwe: a weal ula arden at 5 wld a wee sf ae) TRIS eect qoere oa) ya a aisle wat at | ga wren got ar] ar aTSUTI/ ferent rat & 6.0 (was outa 6.1 fharpcnt 6.2 wI wr, de afters, fea at yea, aden H dnadal B fa at apfa A st aan fort Fe/ VAAN waged andtan a fart water & fag Rod de + Ridiow(3 Hare 3(i)] TR AT UTA; STATO 7000 GEG ae a fete yer 710 Yea (errs wurrai a fey) (way are 4) ae eat ae yaad af (@) red sit (@) Pgyees onreterat (Gripes amfatrat at aati aR BX) a ()+ (G) (1) wafert arf (@) seta wre aa. Ut orferad até & Ba arr ()+ ()-()-(4) We are (pun va die at at dott afte cenit wr ters BY 7.2 Ra dal Ga ak wd 7.3 Gaterat & ae ake ae 7.4 = fied rare Fort 8.0 |= et yar 8100 ates et, Pere oe oper othe & fies cifea qaent or ahr : fra pte Wal AT ofertasTHE GAZETTE OF INDIA : EXTRAORDINARY {Parr H—Sec. 3(i)] 82 td fie ad A orden are feet ae or anita aren A. areata a dere, get Fe/ were/ Bede ay Prt Prorat 4 wy, yer daw ane | 83 RH Swe Ay Pere a pe vduaty oft oe ort S wese op a organ afta & we A afta a gets | 9.0 86 Be 9.1 «= -& faeert are eee Prafefted arson an: / or Rta & fay anes fous | er afi o wode, oad oni ong ay feat afk Rod te en ort artes A/ em ane a9 8 fo A/ ei ona wel of yt woe ake wh Gard a etnias F a/ or dso wed & fe order wea A A my yore eof ay wea F | @ fay ate & Pte (HIdEH oI ATF) wae ont 3 ar worse sant Fay(3F Wwe 3(i)] ; UA A UTA: SAR ww @ (fafraa 5 ce) Wer fers urat aot & ws A etree warera arefta Rat do, mea eas URert Sef (fe) afer, 2005 & anit ey 7T fafa 5 wet ofa ares are ved aera or set art BY Freer Coste 2c rr & after & ania are me Padi & avis ale firs gorda 1S Reeat oe eet & omits eet Ey wera fawaw oTTENt wr se SL AT HAR we F fae Swart waa wart Ged S | (eecrerfa) aneha Rok da & Pitre afte saat aie & fia aetea/ were | were fase arsed wT vad ae a Pe AETAT | faa 7 & wide & wre oer wae fara artert sot (Pe) afta, 2005 at SRE 17 Ft STURT (1) ge wat wesrat wr wat TW gL eT RN BIE WEN S age ond Tafa ote sare oF ara & de A rea fsa ant wea AS Py ones ow F 2. BURT Be YET a rey Gt arftredtla & ante : (nine areteerent) aren PRY : rere fare urert wet ar arr *( Serr WR TT sory fares wrret wut wr any ax 7a)THE GAZETTE OF INDIA : EXTRAORDINARY [Parr II—Szc. 3(i)] NOTIFICATION New Delhi, the 14th December, 2006 G.S.R. 754(E).— tn exercise of the powers conferred by section 37 of the Credit Information Companies (Regulation) Act, 2005 (30 of 2005), the Reserve Bank of India hereby makes the following regulations, namely:- CHAPTER | PRELIMINARY 1. Short title and commencement.- (1) These regulations may be called the Credit Information Companies Regulations, 2006. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.- (1) In these regulations, unless the context otherwise requires, - . (a) “Act?” means the Credit Information Companies (Regulation) Act, 2005, (30 of 2005); (b) "collector" means a credit institution, or a credit information company, or a specified user, as the case may be, which collects data, information, or credit information in respect of a borrower, or a client; (c) “commodity exchange” means an association or a company or any other body corporate organising futures trading in commodities for which license has been granted by the Forwards Markets Commission established under the Forward Contract (Regulation) Act, 1952, (74 of 1952);[31 ars 3(i)) RA BH UAT: AAT (d) “data management service’? means the service of collecting, storing, devising systems for retrieving, collating, analysing and distributing, publishing, disseminating data, information, and providing of other inputs by a credit information company to its members and specified users; “Form” means a form appended to the Schedule to these regulations; (f) “fees” means such amount as is payable by a credit institution, or a credit information company, as the case may be, to a credit information company, towards membership fees or annual fees; (9) “Government Securities” means a security created and issued by the Central Government or a State Government for the purpose of raising a public loan in a form specified in the Public Debt Act, 1944 (18 of 1944) and the government securities as included in the definition of securities in the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (h) “Insurance Regulatory and Development Authority” means the Insurance Regulatory and Development Authority established under s ection 3 of the |msurance Regulatory and Development Authority Act, 1999 (41 of 1999); (i) “Securities” means securities as defined in clause (h)' (i) (k) (1) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956). "Securities and Exchange Board of India” means the Securities and Exchange Board of India established under section 3 of the Securities E xchange B oard of India Act 1992 (15 of 1992); “Telecom Regulatory Authority of India” means the Telecom Regulatory Authority of | ndia established under section 3 of Telecom Regulatory Authority of India Act, 1997 (24 of 1997); . “trading member” means and include a member, a broker or a stock broker, who has been admitted as such by National Stock Exchange or Bombay Stock Exchange and who holds a registration certificate as a stock broker from the Securities and Exchange Board of India;THE GAZETTE OF INDIA : EXTRAORDINARY [Paar II—Sec. 3(i)] (2) Words and expressions used in these regulations and not defined herein but defined in the Act, or the rules shall have the same meanings respectively assigned to them in the Act or the rules. CHAPTER II SPECIFIED USERS 3. in addition to the specified user as provided in clause (/) of section 2 of the Act, the following companies shall also be regarded as a specified user, namely:- (a) an insurance company as defined in the Insurance Acct, 1938 (4 of 1938) and registered with the Insurance Regulatory and Development Authority; (b) a company providing cellular or phone services. and registered with the Telecom Regulatory Authority of India; (c) a credit rating agency registered with the Securities and Exchange Board of India; (d) a stock broker as defined in.the Securities and Exchange Board of India (Stock Brokers and Sub-Brokers) Regulations 1992 and registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); (e) a trading member registered with a recognized commodity exchange; (f) the Securities Exchange Board of India; and (g) the Insurance Regulatory and Development Authority. CHAPTER III REGISTRATION OF COMPANIES AS CREDIT INFORMATION COMPANIES 4. Submission of application by companies for grant of certificate of registration.- Every application by a company for grant of certificate of registration under section 4 of the Act shall be made in form A to the Chief General Manager-in-Charge of Department of Banking Operations and Development of the Reserve Bank at Central Office Building, Mumbai — 400 001, or to such other office and officer of the Reserve Bank as may be specified by it in this behalf.(a wre 3(i)] URI Hl TATA: STATUTE 5. Grant of certificate of registration.- (1) If, on consideration of the particulars furnished by an applicant company, the Reserve Bank is satisfied that the conditions as specified in sub-section (1) of section 5 of the Act are generally fulfilled and the company is in a position to fulfill the remaining conditions, it may - (a)grant ‘in-principle approval’ to such applicant company and provide time to the company, not exceeding three months, for fulfilling the conditions included therein; and (b) i in any particular case the Reserve Bank may grant: further extension of such time not exceeding three months for the purpose of fulfillment of the conditions stipulated in the ‘in- principle approval’, where it is satisfied with respect to the cause for failure of the company to fulfill such conditions within the time so provided. (2) The Reserve Bank may, after being satisfied that the conditions as per sub-section (2) of section 5 of the Act and sub-regulation (1) are fulfilled, grant a certificate of registration in form ‘B’ to the applicant company to commence or carry on the business of credit information, as the case may be, and may also impcse such other conditions as it may consider fit. CHAPTER IV BUSINESS OF CREDIT INFORMATION COMPANIES 6. Form of business in which credit information companies may engage.- In addition to the business of credit information, and subject to such conditions as specified in these regulations, credit information companies may engage in any one or more of the following forms of business, namely :- (a)providing to any person his own credit credit information; (b) providing data management services to its member credit institutions; (c) collecting, processing, collating and disseminating data, relating to properties mortgaged to credit institutions; (d) collecting, processing, collating and disseminating data relating to investments made by its member credit institutions in securities other than government securities; (e) collecting, processing, collating data , relating to, frauds perpetrated in borrowal accounts of credit institutions and money laundering, and dissemination thereof to its members and specified users. 3889 GI/2006—10THE GAZETTE OF INDIA 74 : EXTRAORDINARY [Parr Ske. 3(0)] CHAPTER Vv. COLLECTION, FURNISHING. OF CREDITINFORMATION "AND , ‘PURPOSES. THEREOF . 7. Form of. notice for collection. ‘and furnishing of credit ‘Information.- (1) A notice . required to be issued by a credit information. company or any person authorised in that behalf by the company under sub-section (1) of section 17 of the Act for collection of credit information from its member ‘credit institutions or credit information companies, as the. case may be, shall be sent in form C or as near thereto, (2) Every credit information company shall adopt a format with the approval of the Reserve Bank, for.collecting. credit information and forward the format. to its ‘member credit institutions or. credit information company, as the case may be, along with the hotice in form.C. sent to them for collecting credit information. (3) On receipt Of such notice and ‘format, the addressee credit institution or credit information company, as the case may be,’ shall fumish credit information in. the. format received along with the notice. issued by.the credit information company, 8 _,,Extension of time for providing credit information.- (1) In : case a credit institution. or a credit information ¢ company, as the case may be, for any justifiable reason, is not able to comply with the notice sent by a credit information company as per sub- -regulation (1). of regulation 7 within the time stipulated therein, it may approach the concerned credit information company in writing for extension of time ‘to comply with the same. . (2) If the concerned credit ‘information company is not satisfied with the reasons submitted , by the member. credi t institution or the member credit information company, as the case. may. be, for their failure to comply with the notice sent by a. credit information company as per sub-regulation (1) of regulation 7, in Such case the credit information company shall refer the matter to the Reserve Bank .and the decision of the Reserve Bank shall be fi nal in . 9. Permissible uses of credit information.—(1) Credit information shall be provided by every credit information company to a specified(or UE 3). ARG FIST: ATT, user as per sub-section (3), of. section, AT- of the,Act, for.the folowing purposes, namely:- (a) to make effective credit decisions: tat a (b) to deter concurrent borrowers and serial defaulters: (c) to keep adverse selection of customersto the-minimurn;: (d). to review and evaluate risk of.its customers;:: : (e) to effectively discharge their-statutory. and regulatory functions: (f) to effectively discharge the functions as.a credit rating-agency; (g) generally in relation. to.and for purposes. of. taking. credit decision,,.or. for. judging credit worthiness, of. a borrower ora client, as.the case may: be; 4 (h) to take a credit decision on a person who accepts liability for payment on a bill of exchange drawn by another person who has applied .to the specified user.for availing new credit facility or for review or.renewal.or-enhancement:or of. extension, as ithe case. may .be, of. his, extetings are facility granted by the specified user, | (i) to take credit. decision. | in “relation to. a person who draws a promissory . note ..in favour..of:;angther:person, or who has applied. to.a specified user for-availing new credit-facility or for review or renewal or enhancement.or.of extension, as the case may be, of his. existing credit. facility.granted by any specified user; (j) to take credit decision in relation to a person who proposes to act as a guarantor for;another person who.has. applied to a specified user for availing new credit-facility-or for. review or _ renewal or enhancement or of.extension, as the case may be, of his existing. credit facility granted. -y:the specified user; (k) to enable.a person to know:his own. credit Information: : CHAPTER VI PRIVACY PRINGIPLES - 10. In addition. to the principles and procedures Qs: s. provided in section 20.of the. Act, every: credit information: company;. credit institution and specified user, shall,,adopt the. following: privacy principles in relation to their functioning, namely ~ (a) Care i in collection of credit information: : (i) Every credit. information: company shall take all: such necessary. precautions, in respect. ofinformation Feceived or collected by it so as to ensure that such information is -THE GAZETTE OF INDIA : EXTRAORDINARY [Part Il—Sec. 3(i)} (A) properly.and accurately recorded, collated and processed; and (B) protected against loss, unauthorised access, use, modification or disclosure thereof. (ii) Every credit institution shall - (A) keep the credit information maintained by it, updated regularly on a monthly basis or at such shorter intervals as may be mutually agreed upon between the credit institution and the credit.information company; and (B) take all such steps which may be necessary to ensure that the credit information furnished by it, is update, accurate and complete. (b) Access to, and modification of, the credit information: (i) Every credit information company shail - (A) establish and adopt procedures relating to disclosure to a person, upon his request, his own credit information and subject to his satisfactory identification; and (B) provide reasonable time and opportunity to such person for establishing his identity and the credit information company may call for his personal attendance, if so necessary, and production of such other documents as may be necessary as proof of his identity. (ii) Every specified user on receipt of a request as per sub- section (3) of section 21 of the Act, from a client or a borrower, as the case may be, for updating of his credit information, shall intimate about such request to the credit information company which had furnished such credit information to the specified user. (iii) Every credit information company on receipt of the intimation from a specified user, shall intimate about the request made by the borrower or the client, as the case.may be, the credit institution which had furnished such credit information to the credit information company . (iv) Every specified user, credit information company, and credit institution, shall take prompt action in relation to updating of the credit.information and to send the intimation and their response with proper co-ordination amongst them so as to ensure that the(FT I— ars 3(i)] VR ST USA: STATS requisite action is taken in this behalf within the time timit as provided under sub-section (3) of section 21 of the Act. (c) Data use limitation : Obligation to disclose.- Every specified user, in case of denying credit or any other service to a borrower or a client, as the case may be, on the basis of his credit information report within thirty days of its such decision shall - (A) send a written. intimation to such borrower, or the client about the rejection ; , (B) include in such intimation the specific reasons for rejection; (C) forward a copy of the credit information report relied upon for such decision; and (D) also provide the name and address of the credit information company which had provided the credit information report to the borrower or client, as the case may be. (d) Length of preservation of credit information: (i) every credit information company and credit institution shall retain credit information collected, maintained and disseminated by them for a minimum period of seven years. (ii) Every credit information company and credit institution shall develop guidelines and procedures to be adopted by them, with the approval of the Reserve Bank in respect of preservation and destruction of credit information. 11.Principles and procedures relating to personal data .-(1) Every credit institution, credit information company and specified user, as the case may be, shaii adopt the following principles and procedures in respect of; (a) the manner and purpose of collection of personal data; (b) solicitation of personal data from individual concerned; (c) their extent of accountability; and . (d)for redressal of grievances of individuals in respect of personal data.ils THE GAZETTE QEINDIA .EXTRAORDINARY [Pare U—Sec..3(i)} (2) Manner and purpose © qilentiqn of personal, data... No credit instifution.. or credit infore i. corapany, ons specified. user, as the case imay ‘be shall ‘collec publish or disclose, personal data 6; 32 except f (o ar ) th ae s p pu erp ro se ths e re pla rt oi vn ig s ii oo n t sh ei or f fun tc ht ei on As c: t. ,.. ¢ o: r.. <‘;t.heir. ‘aclivities (3) Solicitation of personal data from an individual. - In case of collection, and USE, of. personal, data, as.Per. this, regulation, by a, credit institation, credit information ‘company, or a. spec ; case may be, they shall take such steps as are, in the circumstances, reasonable to. ensure that, beforg.such. data is. collected. or, if-that is not Prasad, as Soon as Prasad a ‘after such data is collected - d, of the’ ‘purpose for which such data. is being pa ig or disclosed, or used, as. the ; (by such data m alfa e protected, against any loss, or unauthorized access, or use, or modification or disclosure,thereof : ety, credit 2 personal develop sted i and procedures, toibe:adepted: by- ‘them; “with the approval of the Reserve Bank in respect of preservation and at personal dalaiiniey eon. nation: the, p (209@1 Of this tegulation,- “personal: edata” means such other data’ relating to an individual other than:what:a credit institution, or a credit information company, or a specified user, is permitted: to collect, as.perdhe: Provisions: of ‘the rules made.under, the Ac! (Laer }—ar8'3()] DERE tegen area, UT Sra a MAOH * “CHAPTER VII SALIGET SOS SHOTS USTSRT 12. (1) Every credit information company shall be entitled to charge Such -arOunt, as! it may: deem appropriate net exceeding Rs.15,00,C00/- towards-fee;-from-.creditinstitusiens or credit ».~énformation:companies ioradmitting, them as their member. filed to charge such amount, as i 1 ‘appropriate, “Hot exceeding Rs. 15,00, OOGH? PHcde’ S FHathber é raaie (2) Eve ~aniy RESO BOOP in eae chmemBer ctddit ii HnteteirtAuttailefd otno Cwaormdpsa tnhye annual fee. Darecatun trepiiaad off fo evGlunitest OL (3) Every specified user shall furnish a copy of the credit -. dpfermation.te, such. person.as teferred,.to..in.sub;sectiog (1) of _. section, 24, of. the. Act... subiect, lo.a, charge. of, Amount not exceeding Rs.50/-. (4) For providing to‘ary itdividuak his own credit infomation, a ““oredit information company maycharge such> @mount as it deems appropriate not exceeding Rs.100/-. ate (5) Every credit information ‘company sha be entitled to charge from a_ specified....user,.s¥ch..amount, as it, may .deem appropriate, not exceeding Rs.500/- for providing credit information report of an individual and Rs 5000/- for others. 1B ymsamoS (s8} ynegmod (a) [F. No. 7/67/2005-BOA (iii)] AMITABH VERMA, Jt. Secy.THE GAZETTE OF INDIA : EXTRAORDINARY [Part II—Sec. 3(i)] FORM A (See regulation 4) APPLICATION FOR GRANT OF CERTIFICATE OF REGISTRATION INSTRUCTIONS FOR FILLING UP FORM ~ Applicants must submit to the Reserve Bank a completed application form, together with supporting documents. Application for registration will be considered, only if it is complete in all respects. Information, which needs to be supplied in more detail, may be given on separate sheets, which should be attached to the application form. Ail signatures on the application must be original. Every page of the form as weil as every additional sheet must be serially numbered. 1.0 Particulars of the Applicant 1.1 Name, address of the registered office, address of corporate office, address for correspondence, telephone number(s), fax number(s) and name of the contact person of the company. 1.2 Date of incorporation of the applicant company (enclose certificate of incorporation and memorandum and articles of association). Specify the foliowing: (a) Objects of the applicant company (b) Authorised, issued, subscribed and paid up capitai 1.3 Category to which the applicant company belongs to: (a) Company already in the business of credit information (b) Company proposing to undertake the business of credit information.[AMT Have 3(i)] UA Al UTA: AAC gl 2.0 Eligibility Criteria Names of the promoters and indicate their shareholding in the company. 3.0 Particulars of directors/ key personnel 3.1 Particulars of directors of the company, which shall include name, qualification, experience, shareholding in the company and directorship in other companies. 3.2 Particulars of key personnel of the company, which shall include name, designation in the company, qualification, previous positions held, experience, date of appointment in the company and functional areas, directorships, if any. 4.0 Infrastructure 4.1 Details of existing/proposed infrastructure including the technology, security, facilities for hosting the data center. (For existing companies whether the existing infrastructure is adequate to carry on the credit information activities Proposed to be undertaken by the company. Any further plan for additional/ improved infrastructure to be indicated.) 5.0 Major shareholders 5.1 List of major shareholders (holding 5% and above of applicant directly or along with associates) Date:___ Name of Face value of { No.of shares | %age of total | Whether shareholder | share held paid up declaration / capital undertaking submitted 3689 C5 /et—183 THE GAZETTE OF INDIA : EXTRAORDINARY [Parr Il—Seo. 3(i)] 6.0 Group Companies 6.1 Particulars of parent / subsidiary / associate companies which shall include name, address, type of activity handled, track record, nature of interest of the applicant company, nature of interest of promoter(s) of the applicant. 6.2 Whether the Reserve Bank has granted/ refused registration for any purpose to any parent / subsidiary / associate of the applicant. Give the details like date of application, date of refusal/ registration, reasons for refusal etc. 7.0 FINANCIAL INFORMATION ABOUT THE COMPANY 7.1 Net Worth (For existing companies) (Rs. In Lacs) 7 oo Year prior to the preceding Preceding Current | Items : : : i year of the current year year year ' (a) Paid-up capital ; | “cums eee i ome de ene nee (excluding revaluation : : reserves) Total (a) + (b) (c) Accumulated losses (d)Deferred revenue ; nn ~ : (b) Free reserves : ; ‘expenditure not written off ; ‘Net worth (a)+(b)-(c)-(d) ‘Net Profit (Please enclose audited annual accounts for the last three years). 7.2 Name and address of the Principal bankers. 7.3. Name and address of the Auditors. 7.4 Detailed Business Plan. rhb oe Det be dee ' dimk ate[3M —@eaers 3(i)] NRG Fl UAT : AAR 8.0 OTHER INFORMATION 8.1 Details of all pending litigations against the appiicant company, directors and key employees: Nature of dispute Name of the party Status 8.2 ‘Indictment or involvement in any fraud or economic offences by the applicant, its parent/subsidiary/associate or any of its directors, or key manageriai Personnel, in the last three years. 8.3 Whether any of its directors or key managerial personnei are associated with a company which have been declared as wilful defauiter. 9.0 Declaration 9.1 Give the following declarations signed by two directors: I/We hereby apply for registration. I/We hereby undertake to comply with the provisions of the Act, the regulations made thereunder and the guidelines, directives, circulars and instructions issued by the Reserve ‘Bank. I/We warrant that I/We have truthfully and fully answered the questions above and provided all the information, which might reasonab!y be considered relevant for the purposes of registration. I/We declare that the information supplied in the application form is complete and correct. . For and on behalf of (Name of Applicant) Director Director Name in Block Letters — Name in Block Letters Date Date 3889 GI/2006—-12ot THE GAZETTE OF INDIA : EXTRAORDINARY [Parr Il—Sec. 3(3)] FORM B (See regulation 5) CERTIFICATE OF REGISTRATION AS CREDIT INFORMATION COMPANY 1, in exercise of the powers conferred by section 5 of the Credit Information Companies (Regulation) Act 2005 read with regulation 5 made thereunder, the Reserve Bank of India hereby grants a certificate of registration to having Registered Office at , to commence or carry on business of the credit information subject to the rules made under the Act and the terms and conditions included in Annexure I hereto. 2 ‘the Registration Number is lace: Mumbai By order Sd/- For and on behalf of RESERVE BANK OF INDIA[art I— ars 3(i)] Te A: Sa FORM C (See regulation 7) To, Fe eee eee neren Dear Sir/Madam, Notice for submission of credit information _ In exercise of powers conferred by sub-section (1) of section 17 of the Credit Information Companies (Regulation) Act, 2005 read with the provisions of regulation 7, we call upon you to furnish the credit information in respect of your clients and borrowers as per the format appended hereto. 2. Please acknowledge the receipt of this notice. Place: Date: (Authorised Signatory) Name of the Credit Information Company * Name and address of the credit institution or credit information company, as the case may be. Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-1 10054.

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