>
>
>
> ---------- Forwarded message ----------
> From: Soumitra Pathare <[email protected]>
> Date: Sun, Feb 14, 2016 at 2:12 PM
> Subject: re RBI Master Circular on Customer Service in Banks
> To: Soumitra Pathare <[email protected]>
>
> Hi all
> Please see attached clarification issued by RBI
> <https://rbidocs.rbi.org.in/rdocs/notification/PDFs/321CN1102166DE8AE4289E045B1BF596576D65FB238.PDF>
> to its Master Circular, clarifying that guardianship certificate under the
> Mental Health Act, 1987 is NOT mandatorily required for persons with mental
> illness to open/operate bank account.
> The Centre for Mental Health Law & Policy of Indian Law Society would like
> to thank senior officers of Reserve Bank of India and past & serving
> officers in various Ministries of Govt of India for their help in getting
> this matter resolved.
> Please circulate to your contacts/organizations. In particular, please
> distribute to user and care-giver organizations to circulate to their
> members.
> warm regards
> soumitra
>
> *Once you label me, you negate me ~ Soren Kierkegaard*
> Dr Soumitra Pathare MD DPM MRCPsych PhD
> Co-ordinator
> Centre for Mental Health Law and Policy
> Indian Law Society
> Pune 411004
> INDIA
> Tel: +91-20-25656775
> Cell: +91-9370666191
> website: www.cmhlp.org



SOURCE : https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=8689&Mode=0

RBI/2015-16/321

DBR.No.Leg.BC.78/09.07.005/2015-16

February 11, 2016

The Chairman/Chief Executives
(All Scheduled Commercial Banks other than RRBs)

Dear Sir,

*Legal Guardianship Certificates issued under the Mental Health Act, 1987 *

Please refer to Circular DBOD.No.Leg.BC.84/09.07.005/2013-14 dated January
13,  <https://rbidocs.rbi.org.in/rdocs/notification/PDFs/CIRBC13012014.PDF>
2014 <https://rbidocs.rbi.org.in/rdocs/notification/PDFs/CIRBC13012014.PDF>
wherein banks were advised, inter alia, to take note of the legal
provisions in
the Mental Health Act, 1987 and that they may rely on and be guided by the
orders/certificates issued by the competent authority, under the Act,
appointing
guardians/ managers for the purposes of opening / operating bank accounts.

2. It has been brought to our notice that banks are insisting on
guardianship
certificate from all mentally ill persons. In this regard it is clarified
that paragraph 2(iii)
of the aforesaid circular is not intended to mandate banks to insist on
appointment
of a guardian as a matter of routine from every person “who is in need of
treatment
by reason of any mental disorder”. It would be necessary for banks to seek
appointment of a guardian only in such cases where they are convinced on
their own
or based on documentary evidence available, that the concerned person is
mentally
ill and is not able to enter into a valid and legally binding contract.

Yours faithfully

(Rajinder Kumar)

Chief General Manager

___________________________________________________________________________

Department of Banking Regulation,Central Office, 12th Floor, Central Office
Building, ShahidBhagat Singh Marg,, Mumbai,400001

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