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Wednesday, June 23, 1999

Frauds over Rs 5 cr to be referred to CBI's banking cell, says CVC paper 

Sitanshu Swain  
Mumbai, June 22: The policy paper on vigilance management in public sector banks, prepared by Chief Vigilance Commissioner, has stipulated that the Banking Securities & Fraud cell (BS&FC) at Delhi, Mumbai and Bangalore will handle complaints if the amount of the fraud exceeds Rs 5 crore.

Earlier, the cells--set up in the wake of 1991 securities scam--were authorised to investigate fraud amounting Rs 1 crore only.

While the CBI has the powers to take up any fraud case for investigation irrespective of the amount of loss involved, proper guidelines have been prepared in order to maximise the effectiveness of investigations, notes the manual on the vigilance managment in public sector banks.

If the amount of the alleged fraud ranges between Rs 25 lakh and Rs 4 crore, the information would be investigated by the branch of the CBI having territorial jurisdiction over the area. The CBI's anti-corruption wing will undertake this operation.

If the amount involved in the bank fraud appears to be less thanRs 25 lakhs, the complaint may be entrusted to local police, said the manual.

However, having regard to the legal difficulties in the CBI taking over a case after it has been registered with the local police, the bank should also carefully examine the matter with regard to inter state/international ramifications of the case, it pointed out.

According to the manual, regardless of the amount of money involved in the fraud, the CBI may register any case suo motu, if it has reason to believe that it has inter-state or international ramifiactions.

The BS&FC would be the focal point to coordinate the handling of all bank fraud cases. The banks would initially refer the matter to the respective zonal offices of the BS&FC. The BS&FC would either assume jurisdiction or pass on the matter to the concerned wing of the CBI.

The manual says that full cooperation and facilities should be extended by the public sector banks to the CBI during the course of investigation. This will include making available to them therequisite documents with the least possible delay, directing such employees as are to be examined to appear before the investigation officer and making suitable accommodation in the bank's guest houses, available to the touring officers.

When the banks make reference to the CBI for investigation, they should also make available duly certified photocopies of all relevant documents along with the complaint so that there is no dealy in initiating action on the part of the CBI. The orginals may be handed over to the banks only at the time of actual registration of the case.

Similarly, when CBI seizes documents, authenticated copies of all the documents should within four days of the seizure, be made available to the chief vigilance officer (CVO) of the bank.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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