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TO BE PUBLISHED IN THE GAZETTE OF INDIA,

regulations · 2005 · State unknown

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Parent: THE CREDIT INFORMATION COMPANIES (REGULATION) ACT, 2005 (17c94cf790b2c8a79a10ba20fb4c236c0b254495)

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ONE TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART Il, SECTION 3 AND SUB-SECTION ()] GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF ECONOMIC AFFAIRS (BANKING DIVISION) NOTIFICATION 14 th December , 2006 23 Agrahayana; 1928 New Delhi, the G.SR.754 (E) - In 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 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; "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); 3 (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; "fees" means such amount as is payable by a credit institution, or a credit information compa

Rule TOC

14 · th December , 2006 23 Agrahayana; 1928
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:-
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.
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) 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.
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.
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.
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.
9 · Permissible uses of credit information: -(1) Credit information shall be provided by every credit information company to a specified
10 · In addition to the principles and procedures as 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: -
11 · Principles and procedures relating to personal data . (1) Every credit institution, credit information company and specified user, as the case may be, shall adopt the following principles and procedures in respect of;
12 · (1) Every credit information company shall be entitled to charge such amount; as it may deem appropriate , not exceeding Rs.15,00,000/- towards fee, from credit institutions or credit information companies for admitting them as their member. (2) Every credit information company shall be entitled to charge such amount; as it may deem appropriate, not exceeding Rs.15,00,000/- in case of member credit information company and Rs.50,000/- in case of member credit institution towards the annual fee. (3) Every specified user shall furnish a copy of the credit information to such person as referred to in sub-section (1) of section 21 of the Act; subject to a charge of amount not exceeding Rs.50/-_ (3) For providing to an individual his own credit information; az credit information company may charge such amount as it deems appropriate not exceeding Rs.100/- (4) Every credit information company shall be entitled to charge from a specified user , such amount; as it may deem appropriate, not exceeding Rs.500/- for providing credit information report of an individual, and Rs 5000/- for others.
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2 · Please acknowledge the receipt of this notice.
14 · th December , 2006 23 Agrahayana; 1928