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TRAI Notifies the Mobile Banking (Quality of Service) (2nd Amendment) Regulations, 2016

Telecom Regulatory Authority of India, The Mobile Banking (Quality of Service) (Second Amendment) Regulations, 2016 (No. 7 of 2016) (Notification in the Gazette of India Extraordinary Part III Section 4 dated 22nd November, 2016)

No. 305-27/2010-QoS.—In exercise of the powers conferred by section 36, read with sub-clauses (i) and (v) of clause (b) of sub-section (1) of section 11, of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Telecom Regulatory Authority of India hereby makes the following regulations, namely:-

CHAPTER I
Preliminary

1. Short title and commencement.―
(1) These regulations may be called the Mobile Banking (Quality of Service) (Second Amendment) Regulations, 2016;
(2) These regulations shall come into force from the date of their publication in the Official Gazette.

2. In regulation 2 of the Mobile Banking (Quality of Service) Regulations, 2012 (hereinafter referred to as the principal regulations),—
(a) after clause (b), the following clause shall be inserted, namely:-
“(ba)” “authorised entity” means the entity authorised by Reserve Bank of India for delivery of banking and payment services”;
(b) after clause (q), the following clause shall be inserted, namely:-
“(qa)” “USSD based banking and payment services” means delivery of banking and payment services through mobile phones over USSD”.

3. In regulation 3 of the principal regulations,—
(a) after sub-regulation (1), the following sub-regulation shall be inserted, namely:— 
“(1a) Every Access Provider shall facilitate the authorised entity to provide USSD based banking and payment services to its customers and deliver the message within the time frame specified in sub-regulation (5)”;
(b) in sub-regulation (4), for the word “five”, wherever it occur, the word “eight” shall be substituted.
(c) in sub-regulation (5), for the words “customer or the bank or its agent” the words “customer or the bank or its agent or authorised entity” and for the words “banking services”, the words “banking and USSD based banking and payment services” shall be substituted.

4. In regulation 4 of the principal regulations, in sub-regulation (1), for the words “m-banking messages” the words “m-banking and USSD based banking and payment services messages” shall be substituted.

5. In regulation 7 of the principal regulations,—
(a) in sub-regulation (1), for the words “mobile banking messages”, the words “mobile banking and USSD based payment services messages” shall be substituted;
(b) for sub-regulation (2), the following sub-regulation shall be substituted, namely:—
“(2) In case the message generated by the customer or the bank or its agent or authorised entity in the process of m-banking transaction is not delivered due to any reason, the Access Provider shall immediately send an error message intimating the non-completion of the process to the customer or the bank or its agent or authorised entity, as the case may be.”;
(c) in sub-regulation (3), for the words “m-banking communication”, the words “m-banking or USSD based banking and payment services communication” shall be substituted.



(NOTES & EXPLANATORY MEMORANDUM ARE AVAILABLE IN THE GAZETTE - LINK)
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