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Dec 28, 2010, 12:30:58 AM12/28/10

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AllBankingSolutions.com

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REPLIES TO THE QUERIES RAISED UNDER RIGHT TO INFORMATION ACT

We have observed that recently some of the bankers have started seeking information from the Banks under the Right To Information Act as till now bank management and bank unions have tried to block all kinds of the information. Although the replies received by our banker friends are frequently evasive, but we are sure, soon bank management has to come clear and become transparent and will be forced to give clear answers.

We have recently received a mail from Subhash Chandra [ch....@gmail.com ], wherein he has informed that he had submitted a common RTI application dated 18/10/2010 to 5 bank i.e. Syndicate Bank, Dena Bank, Oriental Bank of Commerce, Central Bank of India and Bank of India. The questions were mainly framed with regard to the status of Indian Banks’ Association and its bogus claim that it is not a Public Authority.

He has consolidated the replies of all the above 5 banks and the same is being published hereafter for the interest of readers. They would observe that how these banks have become defence counsels of IBA as they have shirked from properly replying to the pointed questions.

The readers would also know the dismal picture of strength of physically challenged employees in the banks. The strength of handicapped employees was denied by the Banking Division to me and I was asked by them to procure from individual banks who have failed in giving the correct picture.

Subhash Chandra has also appealed to the readers to sent RTI applications to other banks also on similar questions or by adding other questions as they feel necessary.

Readers can send some pointed questions especially relating to the amount deposited in the PF pension since last fifteen years. This will help is knowing the exact status of the Pension Funds and whether banks have cheated the bank employees.

It is interesting to note that on the same questions, different banks have given different replies. Some have evaded replies on one pretext or the other, whereas other banks have no hesitation in sharing the letters / correspondence etc.

1. WHAT ARE THE RELATIONS OF YOUR BANK WITH THE INDIAN BANKS’ ASSOCIATION?

Syndicate Bank

Oriental Bank of Commerce

Dena Bank

Central Bank of India

Bank of India

The Bank is an Employer and is a member of Employers’ Association i.e. Indian Banks’ Association

The Indian Banks’ Association (IBA) is an ADVISORY SERVICE ORGANIZATION OF THE BANK & our Bank is a member of IBA

Indian Banks’ Association(IBA) is an Association of Banks and Dena Bank is a member of the above Association.

Central Bank of India (CBI) is one of the member Banks in IBA

Bank of India is one of the members of the Indian Banks’ Association

2. HAS YOUR BANK AUTHORIZED THE IBA TO NEGOTIATE WITH THE TRADE UNIONS ON THE BEHALF OF YOUR BANK FOR ARRIVING AT 9^TH BIPARTITE SETTLEMENT?

Yes. The Bank has authorized IBA to negotiate on behalf of the Bank for arriving at 9^th Bipartite Settlement.

Yes, OBC has authorized the IBA to negotiate with the Trade Unions on the behalf of OBC for arriving at 9^th Bipartite Settlement

Dena Bank has given mandate to IBA to negotiate with Workman Unions/Officers’ Association on the behalf of the Bank in the recently concluded wage salary revision and other service conditions.

YES

It is informed that Bank of India has authorized IBA to negotiate with the trade unions on its behalf for arriving at 9^th Bipartite Settlement.

3. IF THE ANSWER TO QUESTION NO 2 IS IN AFFIRMATIVE, KINDLY PROVIDE A COPY OF AUTHORITY LETTER GIVEN TO IBA? KINDLY ALSO ADVISE THE REASONS FOR CHOOSING THE IBA TO NEGOTIATE FOR SETTLEMENT ON THE BEHALF OF YOUR BANK.

In terms of Section 8 (1)(j) of RTI Act, it is a third party information and no public interest is involved. Hence exempted from disclosure.

The authority has been given to IBA as OBC is one of its members. IBA holds discussions with All India Workmen Unions/Officers’ Associations from time to time on the scale of pay & allowances and other service conditions of employees of Member Banks and arrive at a settlement for & on the behalf of its Member Banks who agree to be the parties to the settlement. PROVIDING A COPY OF AUTHORITY LETTER GIVEN TO IBA IS DENIED IN TERMS OF SECTION 8(1)(j) OF RTI ACT, 2005

1)Copy of the extracts of the Circular Resolution approved by the Board giving mandate to IBA to negotiate with Workman Unions/Officers’ Association on the behalf of the Bank is enclosed.

2)Applicant can only seek information and cannot seek reasons under the RTI Act.

Copy of the authority letter dated 07/01/2008 is enclosed. The IBA which an Advisory Service Organization of Banks, holds negotiations with workmen unions and Officers’ associations and hence Bank has authorized IBA to negotiate the settlement on behalf of CBI

As desired by you a copy of the letter authorizing the IBA to negotiate with the Trade Unions on behalf of Bank of India is enclosed herewith.

4. WHETHER THE AUTHORITY EXTENDED TO IBA, IF ANY, FOR THE PURPOSE AS PER QUESTION NO 2 ESTABLISHES THE RELATION BETWEEN YOUR BANK AND IBA AS THAT OF PRINCIPAL & AGENT AS DEFINED IN CONTRACT ACT?

It is an interpretation of facts and it is non-existing information.

IT IS MATTER OF INTERPRETATION OF LAW & NOT INFORMATION

Reply to Question No 1 may be relied upon.

The contents of authority letter are self explanatory.

SAME COMMON ANSWER IS GIVEN BY BANK OF INDIA FOR QUESTION NO 4 TO 8 WHICH IS REPRODUCED HEREUNDER AND REPEATED IN ALL THESE QUESTIONS:

“Kindly note that Indian Banks’ Association is an association of various private & Public Sector Banks. It negotiates on the behalf of its member banks with the unions and arrive at various settlements which are binding on member banks as well as unions. You may please note that IBA acts as an Advisor to the member banks and we seek clarification from Indian Banks’

Association on service conditions of employees.

It may be appreciated that under the provisions of RTI Act, applicant can seek only the available information that are not exempted from disclosure under Section 8(1) of the said Act, but the applicant cannot invoke the provisions of the Act to seek opinion or reply to his query from the Public Authority.

5. IF THE ANSWER TO QUESTION NO 4 IS IN AFFIRMATIVE, KINDLY ADVICE THE EXTENT OF AUTHORITY EXTENDED BY YOUR BANK TO IBA IN THE MATTER.

N.A.

IT IS MATTER OF INTERPRETATION OF LAW & NOT INFORMATION

Reply to Question No 1 may be relied upon.

The contents of authority letter are self explanatory.

6. IF THE ANSWER TO QUESTION NO 4 IS AFFIRMATIVE, KINDLY ADVICE THE ROLE OF IBA AND WHETHER AS AN AGENT OF YOUR BANK, THE IBA IS AUTHORIZED TO ALSO ADVISE YOUR BANK.

IBA being an Advisory Body, advises the Bank, but, not as an agent of Syndicate Bank

IT IS MATTER OF INTERPRETATION OF LAW & NOT INFORMATION

Reply to Question No 1 may be relied upon.

The contents of authority letter are self explanatory.

7. IN WHAT CAPACITY THE INDIAN BANKS’ ASSOCIATION IS RECOGNIZED BY YOUR BANK:-

-AS AN ADVISOR OR CONSULTANT TO YOUR BANK;

-AS A MONITOR TO PUBLIC/PRIVATE/FOREIGN BANKS; OR

-AS REGULATOR FOR PUBLIC SECTOR BANKS;

-AS A REGULATORS FOR MEMBER BANKS.

As an Advisor to Syndicate Bank

AS IN 1 ABOVE

Reply to Question No 1 may be relied upon.

The IBA is an Advisory Service Organization of Banks

8. DOES YOUR BANK REFER THE ISSUES PERTAINING TO SERVICE CONDITIONS OF YOUR EMPLOYEES TO IBA INSTEAD OF GOVERNMENT (BANKING DIVISION) AND IF SO THE REASONS THERE FOR MAY PLEASE BE ADVISED?

The Bank being a member of Employers’ Association refers the issues pertaining to service conditions of its employees to IBA and IBA in turn may refer to Government (Banking Division) if required.

WE REFER THE ISSUES PERTAINING TO THE SERVICE CONDITIONS OF EMPLOYEES TO BOTH IBA & GOVERNMENT IN DIFFERENT CAPACITIES

Question need not be answered.

Yes, because IBA is an Advisory Service Organization of all member Banks, who shall render assistance and to provide common service to members and guid the member Banks on service conditions of Bank employees and officers.

9. CONTRIBUTIONS MADE BY YOUR BANK TO IBA DURING THE LAST THREE YEARS IN THE FOLLOWING FORMAT:

CONTRIBUTION	2007-08	2008-09	2009-10
A)MEMBERSHIP FEE
B) CONTRIBUTIONS GIVEN TO IBA (OTHER THAN MEMBERSHIP)

It is third party information and no public interest is observed in your request, as such, exempted under Sec.8(1)(j) of RTI Act.

BANK’S ANNUAL SUBSCRIPTION TO IBA DURING THE LAST 3 YEARS IS AS UNDER:

2007-08 RS 6.00 LACS

2008-09 RS 6.00 LACS

2009-10 RS 6.00 LACS

Rs 20,23,338/- (Rupees Twenty lacs Twenty three thousand Three hundred Thirty Eight only) has been paid to IBA between 02/04/2008 to 08/11/2010 on various heads.

As under:

2007-08

a)Membership Rs.6 lac

b) other : 378686

2008-09

a)Membership Rs 6 lac

b) others: 300933

2009-10

a)Membership Rs.6 lac

b) others :332662

As under:

2007-08

a)Membership:Rs 2 lac

b) Other : 228732

2008-09

a)Membership: Rs 2 lac

b) Other : 329214

2009-10

a)Membership: Rs 2 lac

b) Other : 463009

10. WHETHER THE CONTRIBUTIONS MADE BY YOUR BANK TO IBA AS PER QUESTION NO 9 ARE REFLECTED SPECIFICALLY IN THE BALANCE SHEET OF YOUR BANK. IF “YES” UNDER WHICH HEAD AND IF “NO” WHAT ARE THE REASONS.

Yes- Under General Charges-Contingencies Head of A/c.

THE ANNUAL SUBSCRIPTION TO IBA HAS BEEN BOOKED TO PROFIT & LOSS ACCOUNT OF THE BANK

Yes, it is reflected in the Annual Report under other Expenditure in Schedule 16 (Operating Expenses)

Information furnished to the undersigned by HRD/MPT vide their letter No CO/HRD/MPT/2010-11/1516A dated 28/10/2010 is as under:

The information regarding point No 10 furnished to the undersigned by Balance Sheet Department vide letter no CO/CAD(B/S)/10-11/1153 dated 04/11/2010 is as under:

“ The contribution made by the Bank to IBA in the financial year included in Schedule 16 Operating Expences of the P & L A/C under the head other expenditure.

Please note that the contribution made by the Bank to IBA is debited in Misc. Charges

11. KINDLY ADVISE THE STRENGTH OF PHYSICALLY CHALLENGED EMPLOYEES IN YOUR BANK AS ON 31/3/1998 AND 31/3/2010 ON THE FOLLOWING FORMAT OR ANY OTHER FORMAT IN WHICH THE INFORMATION IS AVAILABLE WITH YOU:

CADRE AS ON 31/3/1998 & 31/3/2010 SEPARATELY	TOTAL STRENGTH OF EMPLOYEES	STRENGTH OF BLIND EMPLOYEES	STERNGTH OF DEAF & DUMB EMPLOYEES	STRENGTH OF OH EMPLOYEES

REPLY TO THIS QUESTION IS GIVEN BELOW SEPARATELY

REPLY TO QUESTION NO 11

SYNDICATE BANK:

As per format in which information is available

Total strength of Employees

Strength of blind employees

Strength of Deaf & Dumb employees

Strength of OH employees

01/01/1998

36541

339

01/01/2010

26860

523

ORIENTAL BANK OF COMMERCE:

The strength of Physically Challenged employees in our Bank is as under:

As on	Cadre	Total strength	Strength of Blind	Strength of Deaf & Dumb	Strength of OH
31/12/1998	Officer	4770	0	1	9
	Clerical	6224	9	2	175
	Subordinate	3438	4	2	91
	TOTAL	14432	13	5	275
31/12/2009	Officer	7516	5	3	76
	Clerical	5349	7	1	135
	Subordinate	2329	3	1	79
	TOTAL	15595	15	5	290

DENA BANK:

Details of Physically Challenged Employees as on 31/03/1998 are not available.

Details of Physically Challenged employees as on 31/03/2010 are as under:

Cadre	Total	OH	HI	VH
Officer	4218	47	4	5
Clerical	4171	57	4	10
Substaff	2136	23	6	0

CENTRAL BANK OF INDIA:

As regards Point No 11, you have desired the information as on 31/3/1998 and 31/3/2010, whereas, the Department is having the information as on 30/06/1998 and 31/3/2010, which is as under:-

Cadre as on 30/06/1998	Total strength of employees	Strength of Blind employees	Strength of Deaf & Dumb employees	Strength of OH employees
OFFICERS	15765	3	4	114
CLERKS	22106	35	16	307
SUB STAFF	11636	4	16	148

Cadre as on 31/03/2010	Total strength of employees	Strength of Blind employees	Strength of Deaf & Dumb employees	Strength of OH employees
OFFICERS	12535	9	5	229
CLERKS	12682	23	17	217
SUB STAFF	6923	5	11	106

BANK OF INDIA:

Strength of Physically Challenged employees in the Bank:

Year	Total strength of employees	Strength of Blind employees	Strength of Deaf & Dumb employees	Strength of OH employees
01/01/1998	52486	42	82	460
01/01/2010	39760	54	63	491

In response to Question No 3, few banks have sent the copies of Authority letters given to IBA which are reproduced hereunder:

1. SYNDICATE BANK:

REFUSED TO PROVIDE THE COPY OF AUTHORITY LETTER

2. ORIENTAL BANK OF COMMERCE:

REFUSED TO PROVIDE THE COPY OF AUTHORITY LETTER

3. DENA BANK:

Re: Charter of Demands submitted to IBA by Workmen Unions and Officers’ Associations under the umbrella of United Forum of Banks Unions.

Resolved that approval be and is hereby given for mandate to be given to iba to negotiate with Workmen Unions/Officers’ Association on the behalf of the Bank as per the memorandum no IR/10/2007 dated 29/11/2007.

Sd/-

Personnel Department

DENA BANK

4. CENTRAL BANK OF INDIA:

Copy of Authority Letter is awaited

5. BANK OF INDIA:

Ref No: HO:HR:IR:KVVSP:L-1060 Dated 12/12/2007

The Chairman,

Indian Banks’ Association,

World Trade Centre,

Centre 1, 6^th Floor,

Cuffe Parade,

Mumbai-400005

Dear Sir,

Negotiations with Workmen Unions on Scale of Pay and other service conditions of Workmen staff

The Indian Banks’ Association, which is an advisory service organization of Banks, hold discussions with All India Workmen Unions from time to time on scales of pay and allowances and other service conditions of workmen employees of its member banks and arrive at a settlement for and on behalf of its member Banks who agree to be the parties to the settlement. We, Bank of India, being one of the members of the Association, request the Indian Banks’ Association to discuss/negotiate and settle on our behalf with the Workmen Unions, the scales of pay and allowances and other service conditions of workmen staff of our Bank. We confirm that understanding reached between the Indian Banks’ Association and the all India Workmen Unions shall be acceptable to Bank of India and will be implemented as advised by the IBA.

2. A copy of the Resolution dated 06/12/2007 passed by the Board of Directors of the Bank authorizing the Indian Banks’ Association in this regard is enclosed.

Yours faithfully,

SD/-

(T.S. Narayanasami)

Chairman & Managing Director.

Encl: As above.

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