Annexure - I (IAD Cir. No. 32 /2017 Dated 21.08.2017) Chapter - Iv Customer'S Accounts - General Instructions
Annexure - I (IAD Cir. No. 32 /2017 Dated 21.08.2017) Chapter - Iv Customer'S Accounts - General Instructions
Annexure - I (IAD Cir. No. 32 /2017 Dated 21.08.2017) Chapter - Iv Customer'S Accounts - General Instructions
1. With the increasing use of banking channel, the customers are making increasing
use of the cheques, drafts and other banking instruments to meet their liabilities /
obligations. The value of these instruments may also be in fraction of a rupee, as the
customers might be making payments in full discharge of their liability.
1.1. Branches should ensure that any transaction, including cheque presented for clearing
/ collection or for purchase of draft etc, having money value in fraction of a rupee, are not
refused for the reason that the transaction involves fraction of a rupee.
1.2 It is clarified that rounding off the interest amount to the nearest rupee by Bank is with
the intention to make the process simpler and hassle free. However, the customer – induced
transactions having value in paise cannot be disallowed on the plea that the interest allowed
/ charged is rounded off.
2. The account holder be advised to immediately intimate to the bank, any change in
his address and get acknowledgement thereof obtained.
3.1 A pass book will be issued by the bank for each account, which will contain record of
all its transactions. The customers should be advised to get their pass books updated
periodically. The customers should be advised to quote account number on withdrawal slip,
cheque, pay-in-slip and any other communication, addressed to the bank. If any customer
desires to have statements of his account periodically, instead of passbook, his request will
be obtained and held on record and recorded in a register in order of the intervals at which
the same is to be provided by the Bank. Depending on the intervals at which such
statements are to be sent, the statement would be generated and despatched in closed
covers; the date of despatch being marked against the last entry in the Register. The
customers may be encouraged to make use the internet banking facility. The statement of
account can also be sent through e-mail, depending upon the mandate from the customer.
Address / telephone number/e-mail address of the branch must be mentioned in the pass
books / statement of accounts / any communication to be issued to the customers. Legible
print of Statement of accounts / pass books should be given to the account holder.
3.2 The Tarapore Committee (set up by the Reserve Bank of India for undertaking
procedures and performance audit on public services in the banks under the aegis of Shri
S.S. Tarapore) observed that banks invariably show the entries in depositors’ pass books /
statement of account as “By clearing” or “By cheque”. It has also been observed that in
case of Electronic Clearing System (ECS) and RTGS/NEFT, banks invariably do not
provide any details even though brief particulars of the remittance are provided to the
receiving bank. In some cases, sophisticated codes are used for computerized entries
which just cannot be deciphered. The Committee has recommended on total compliance of
the system and insisted that the ad hoc committees of banks must take appropriate
remedial action.
(a) Branches should provide complete information of the entries in the passbooks /
statements of account so that the customers are able to identify the transactions.
(b) Branches should avoid inscrutable entries in the passbooks / statements of account
and ensure that brief, intelligible particulars are invariably entered in the passbooks /
statements of account.
Accordingly, users at all levels are advised to ensure that while entering transaction in
customers’ accounts, complete particulars such as the name of the payee etc., as well as
details of deposits such as transfer particulars i.e. by clearing cheque or by outstation
cheque or by electronic fund transfer etc. must be mentioned so that the passbook /
statement of account show complete details when printed thus enabling the customers to
identify the transactions.
3.5 Customer should be advised to send the passbook to the bank for completion at
least once a month. The account holder be advised to carefully examine the same and
mistakes if any detected therein, should be immediately brought to the notice of the
Manager. Failing this, the account holder will be deemed to have acknowledged
correctness of all the transactions recorded in the pass book/Statement of Account.
3.6 Delay in preparation and despatch of statements of accounts and pass books, are
widespread complaints from depositors. Accordingly, Pass books should be completed
immediately on tendering. In Metro and Urban branches having large number of Savings
and Current Account customers, separate Counters should be identified for updating of
passbooks. The passbook should be updated immediately on presentation and should not
be kept pending.
3.7 The passbook / statement of account / credit / debit advice issued in customer’s
account must not be left on the counter for the customer to pick up during his visit to the
branch. Leaving these on the counters is in violation of banking code on the maintenance of
confidentiality of transactions between the customers, as any other person visiting the bank
can look at others’ bank documents, or even use them with a criminal motive.
3.8 The depositor should also be advised to remain careful in keeping his passbook, in
proper custody, as the bank will not be responsible, for any loss to the customer as a result
of loss of the passbook.
3.9 If the passbook is lost or stolen, a duplicate commencing from the opening of the
current half-year should be issued and a copy of the account, prior to that date, can also be
supplied on demand.
3.10 All branches shall display a board at a conspicuous place reading as under:
(a) Every Saving Fund, R.D., current account (including overdraft) and cash credit
account customer will be furnished with a passbook / statement of account
containing a copy of bank's respective account rules.
(b) Pass books should, as far as possible, be collected by the tenderer from the
bank duly filled up and completed immediately after the transaction. If left overnight
with the bank, the tenderer will be given a simple receipt, (form no. PNB-649),
retaining carbon copy thereof for record. If the pass book is not collected against the
receipt within a week, it should be sent to the account-holder by registered AD post
at his cost.
(c) All pass books retained overnight for completion should be entered in pass
book receipt register The official issuing the receipts on form No. PNB-649 should
sign after the last entry in pass book receipt register in token of having satisfied
himself that all the pass books received have been duly entered. Pass books
received by post should be similarly entered in the pass book receipt register and
dealt with accordingly.
(d) Should the customer call at the bank for getting his pass book updated, the
checking official, if possible, should get it completed and hand it over to him/her
against his/her signatures in the pass book receipt register. (Procedural instructions
for entering pass book in the register, when pass books are delivered at the counter,
need not be observed to save time and avoid delay).
(e) Pass book box should not be used.
(f) A pass book should be an exact copy of the account in the computer. Before
printing a pass book the SWO concerned should verify that the name, address and
the account number written on the pass book cover correspond to the account being
printed.
(g) Various credit/debit advices should be sent to the customers at their available
address with the branch through post as and when the credit/debit is made in the
account. If the customer visits the branch personally and requests for the same, it
may be handed over to him or to his authorized person. In case, the customer
requests specifically not to send the statement of account/pass book by post, the
same should be complied with.
(h) Proper control over pass books should be exercised. Pass books should
always be delivered against signatures of recipient, after fully satisfying about the
identity of the recipients.
(i) As far as possible, it should be ensured that the depositor has not put his
specimen signatures any where in the Pass Books. If these are found to be there,
customer should be advised to delete it then & there in such a manner that these are
not legible.
(i) The twin objective of providing various safeguards for issuing duplicate pass
books has been the proper identification of the account holder and the delivery of the
cheque book/pass book to the account holder only and to none-else because a
number of instances have come to light where culprits could defraud the bank by
obtaining duplicate pass book on the strength of letter of request under forged
signatures.
(ii) Whenever a request for issue of passbook / statement of account is received,
either from the account holder or from a third person (sent by the account holder with
letter of authority), the tenderer of request may be asked to write the complete
address of account holder on the letter of request/ application, in the presence of
concerned supervising official.
(iii) The supervising official, by reference to the concerned account, may verify the
correctness of the address so given. In case of any discrepancy, utmost caution
must be exercised in issuance of cheque book/duplicate pass book.
(iv) The Branch Manager or the authorised official should exercise precaution and
vigilance at the time of passing orders for issuance of duplicate pass book on the
basis of letter of request. He may call for the Account Opening Form or information
available in the system and interview the presenter briefly (in case he does not know
him personally) so as to eliminate the chances of pass book falling in wrong hands.
Questions like, when was the account opened or how many years back it was
opened, who introduced the account, what were the last one or two major
withdrawals/deposits into the account etc. may be asked. Further, signatures and
address on the letter of request may be obtained in the presence of the officer
authorising issuance of cheque book or duplicate pass book (where the account
holder himself comes personally to the branch).
(v) Of-course, interview is to be conducted informally and with a personal touch
without offending the account holder.
(vi) In no case the duplicate Pass Book be issued to a person other than the
account holder. In case an application for issue of duplicate passbook is presented
by a person other than the account holder, duplicate pass book should be sent by
Regd. AD post only at the address available in the relative account opening form.
4.1 The prospective account holder is required to mention his / her PAN / GIR no. on the
documents relating to certain specified transactions. The concerned official, who receives
any document relating to a transaction requiring quoting of PAN, should verify the PAN (as
recorded on the document) from the original and put his signature having verified the
original. In case the customer is not having the same, Form No. 60 is required to be
obtained. Finance Minister, Govt. of India, has desired that PAN of all the Deposit Account
Holders of the Bank should be captured in the system and made readily available in case of
need.
Every person shall quote his permanent account number in all documents pertaining
to the transactions specified in the Table below, namely:-
S. Nature of Transaction Value of transaction
No.
(1) (2) (3)
1 Sale or purchase of a motor vehicle or vehicle, as All such transactions.
defined in clause (28) of section 2 of the Motor
Vehicles Act, 1988 (59 of 1988) which requires
registration by a registering authority under Chapter
IV of that Act, other than two wheeled vehicles.
2 Opening an account [other than a time-deposit All such transactions.
referred to at Sl. No.12 and a Basic Savings Bank
Deposit Account] with a banking company or a co-
operative bank to which the Banking Regulation Act,
1949 (10 of 1949), applies (including any bank or
banking institution referred to in section 51 of that
Act).
3. Making an application to any banking company or a All such transactions.
co-operative bank to which the Banking Regulation
Act, 1949 (10 of 1949), applies (including any bank
or banking institution referred to in section 51 of that
Act) or to any other company or institution, for issue
of a credit or debit card.
4. Opening of a demat account with a depository, All such transactions.
participant, custodian of securities or any other
person registered under sub-section (1A) of section
12 of the Securities and Exchange Board of India
Act, 1992 (15 of 1992).
5 Payment to a hotel or restaurant against a bill or bills Payment in cash of an amount
at any one time. exceeding fifty thousand
rupees.
6 Payment in connection with travel to any foreign Payment in cash of an amount
country or payment for purchase of any foreign exceeding fifty thousand
currency at any one time. rupees.
7 Payment to a Mutual Fund for purchase of its units. Amount exceeding fifty
thousand rupees.
8 Payment to a company or an institution for acquiring Amount exceeding fifty
debentures or bonds issued by it. thousand rupees.
9 Payment to the Reserve Bank of India, constituted Amount exceeding fifty
under section 3 of the Reserve Bank of India Act, thousand rupees.
1934 (2 of 1934) for acquiring bonds issued by it.
Provided that where a person, entering into any transaction referred to in this rule, is a
minor and who does not have any income chargeable to income-tax, he shall
quote the permanent account number of his father or mother or guardian, as the
case may be, in the document pertaining to the said transaction:
Provided further a person who has an account (other than a time deposit and a Basic
Saving Bank Deposit Account) and has not quoted his PAN or furnished Form no.60,
shall furnish his/her PAN or Form no.60 as the case may be on or before 28 th
February, 2017.
Provided also that the provisions of this rule shall not apply to the following class or
classes of persons, namely:-
(i) The Central Government, the State Governments and the Consular Offices;
(ii) The non-residents referred to in clause (30) of section 2 of the Act in respect of
the transactions other than a transaction referred to at Sl. No. 1 or 2 or 4 or 7 or 8 or
10 or 12 or 14 or 15 or 16 or 17 of the Table.
Explanation:-For the purposes of this rule.-
(1) ―payment in connection with travel includes payment towards fare, or to a travel
agent or a tour operator, or to an authorised person as defined in clause (c) of
section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999);
(2) ―travel agent or tour operator includes a person who makes arrangements for air,
surface or maritime travel or provides services relating to accommodation, tours,
entertainment, passport, visa, foreign exchange, travel related insurance or other travel
related services either severally or in package;
(3) ―time deposit‖ means any deposit which is repayable on the expiry of a fixed period.
In rule 114B, after the third proviso, the following proviso shall be inserted namely,-
“Provided also that a person who has an account (other than a time deposit
referred to at S.No.12 of the Table and a Basic Saving Bank Deposit Account)
maintained with a banking company or a cooperative bank to which the Banking
Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution
referred to in section 51 of that Act) and has not quoted his permanent account
number or furnished Form No. 60, as the case may be, at the time of opening of
such account or subsequently, he shall furnish his permanent account number or
Form No. 60, as the case may be, to the person specified in clause (c) of sub-rule
(1) of rule 114C on or before the 28th day of February, 2017.”
“3. The person referred to in sub-rule (1) or sub-rule (2) who has received any document
in which permanent account number is mentioned or as the case may be, a declaration in
Form No.60 has been furnished, shall ensure that the valid permanent account number
114D. Time and manner in which persons referred to in rule 114C shall furnish a
statement containing particulars of Form No. 60.-
(1) Every person referred to in,-
(I) clauses (b) to (k) of sub-rule (1) of rule 114C; and
(II) sub-rule (2) of rule 114C and who is required to get his accounts audited under
section 44AB of the Act,
who has received any declaration in Form No. 60, on or after the 1st day of January,
2016, in relation to a transaction specified in rule 114B, shall-
(i) furnish a statement in Form No. 61 containing particulars of such
declaration to the Director of Income-tax (Intelligence and Criminal Investigation) or
the Joint Director of Income-tax (Intelligence and Criminal Investigation) through
online transmission of electronic data to a server designated for this purpose and
obtain an acknowledgement number; and
(ii) retain Form No. 60 for a period of six years from the end of the financial year in
which the transaction was undertaken.
(2) The statement referred to in clause (i) of sub-rule (1) shall,-
(i) where the declarations are received by the 30th September, be furnished by
the 31st October of that year; and
(ii) where the declarations are received by the 31st March, be furnished by the
30th April of the financial year immediately following the financial year in
which the form is received.
(iii)In the principal rules, in rule 114D, in sub-rule (2), the following proviso shall be
inserted, namely:
“Provided that the statement in respect of the transactions listed in clause (ii) of column
(3) of serial number (10) of the Table under rule 114B shall be furnished on or before
the 15th day of January, 2017.
(3) The statement referred to in clause (i) of sub-rule (1) shall be verified—
(a) in a case where the person furnishing the statement is an assessee as defined
in clause (7) of section 2 of the Act, by a person specified in section
140 of the Act;
(b) in any other case, by the person referred to in rule 114C.
114E. Furnishing of statement of financial transaction.-
(1) The statement of financial transaction required to be furnished under sub-section (1)
of section 285BA of the Act shall be furnished in respect of a financial year in Form
(2) The statement referred to in sub-rule (1) shall be furnished by every person mentioned
in column (3) of the Table below in respect of all the transactions of the nature and value
specified in the corresponding entry in column (2) of the said Table in accordance with
the provisions of sub-rule (3), which are registered or recorded by him on or after the 1st
day of April, 2016, namely:-
(ii) two lakh fifty thousand rupees or more, in (ii) Post Master General as referred to
one or more accounts (other than a current in clause (j) of section 2 of the Indian
account) of a person; or Post OfficeAct, 1898 (6 of 1898).
st
13 Cash deposits during the period 1 April, 2016 (i) A banking company or a cooperative
th
to 9 November 2016 in respect of accounts bank to which the Banking Regulation
that are reportable under Sl. No.12
Act, 1949 (10 of 1949) applies (including
any bank or banking institution referred
to in section 51 of that Act);
(3) The reporting person mentioned in column (3) of the Table under sub-rule (2) (other
than the person at Sl.No.9) shall, while aggregating the amounts for determining the
threshold amount for reporting in respect of any person as specified in column (2) of the
said Table,-
(a) take into account all the accounts of the same nature as specified in
column (2) of the said Table maintained in respect of that person during the
financial year;
(b) aggregate all the transactions of the same nature as specified in column
(2) of the said Table recorded in respect of that person during the financial year;
(c) attribute the entire value of the transaction or the aggregated value of all
the transactions to all the persons, in a case where the account is maintained or
transaction is recorded in the name of more than one person;
(d) apply the threshold limit separately to deposits and withdrawals in respect of
transaction specified in item (c) under column (2), against Sl. No 1 of the said
Table..
(4)(a) The return in Form No. 61A referred to in sub-rule (1) shall be furnished to the
Director of Income-tax (Intelligence and Criminal Investigation) or the Joint Director of
Income-tax (Intelligence and Criminal Investigation) through online transmission of
electronic data to a server designated for this purpose under the digital signature of the
person specified in sub-rule (7) and in accordance with the data structure specified in this
regard by the Principal Director General of Income-tax (Systems):
In the principal rules, in Appendix-II, in Form No.61A, in Part C, for ‘C.3’ and entries
relating thereto, the following shall be substituted, namely:-
C.3.3 Aggregate gross amount credited to the account in cash from 1 st day of April,
2016 to 8 th November, 2016.
C.3.4 4Aggregate gross amount credited to the account in cash from 9 thday of
November, 2016 to 30th day of December, 2016
C.3.5 Remarks”.
3In the said rules, In Appendix-II, for ―Forms 60, 61 and 61A, the following ―Forms 60,
61 and 61A shall respectively be substituted. namely:- (Annexure attached)
4.3.1 Whenever a new account is opened, PAN number be obtained and recorded in
the field ‘PAN/GIR No.’ under Customer Tax Details in ‘CUMM’.
4.3.2 In case the customer does not have PAN or falls under the exempted category,
Form No. 60/61, as the case may be, be obtained and the fact be recorded in the field
‘TDS Remarks’ under Customer Tax Details in ‘CUMM’.
4.3.3 In existing accounts, wherever PAN number is available, the same be recorded
in the field ‘PAN/GIR No.’ under Customer Tax Details in ‘CUMM’.
4.3.4 In terms of clarification given by Indian Banks’ Association and further examined
by Law Division, HO;
(a) If Bank is already having PAN of the account holder, there is no need for
the account holder to quote his PAN on the deposit slip whenever a cash deposit
of Rs 50,000/- and above is made in a day, even if it is deposited more than
once.
(b) Rule 114B (I. Tax Act) requires the party to the transaction i.e. the account
holder to quote his PAN and this does not apply to any person or agent of the
account holder depositing the cash in the latter’s account.
(c) Accordingly, PAN No. of the account holder, and not that of the person
making the transaction on behalf of the account holder, is required to be quoted
on the documents pertaining to the eligible transactions.
4.3.6 The Rules are applicable in case of renewal of an existing time deposit also. If
the deposit exceeds Rs. 50,000/-, renewal request has to quote PAN/GIR number of the
depositor or he has to furnish form No. 60 or aggregating to more than five lakh rupees
during a financial year.
4.3.7 In case of account in the name of two or more persons, first named person has to
comply with the requirement of furnishing PAN.
4.3.8 Transfer of an account from one branch to another is not opening of an account.
Hence, request for transfer of account does not require quoting of PAN.
4.3.9 The above Rules are applicable to all type of customers i.e. Individuals, Sole
proprietorship/ partnership firms, limited companies, clubs, Associations, Societies,
Trusts etc.
5. CATEGORY OF DEPOSITOR
a) A person who has completed 60 years of age is treated as a senior citizen Bank
offers additional interest on Fixed Deposits made by a Senior Citizen.
b) The age of the Senior Citizen depositor shall be verified through any of the
following documents:--
i) Secondary school leaving certificate indicating date of birth ;
ii) L.I.C. policy ;
iii) Voters’ identity card ;
iv) Pension payment order ;
v) Birth certificate issued by the competent authority ;
vi) Passport ;
vii) Driving license ;
viii) PAN Card;
ix) UID; or
x) Any other documentary proof to the satisfaction of the Branch Manager
A copy of the document so presented & verified shall be kept on records along with the
related Account Opening Form.
c) Once the age of Senior Citizen is verified for accepting a deposit, there is no
need to seek proof of age for renewal of deposits or while taking subsequent
deposits from him/her.
b) All the personnel of Indian Army, Naval Force, Indian Air Force, BSF, CRPF,
CISF, ITBP and other paramilitary forces, state police, Metro Police, RAW, IB,
CBI and Indian Coast Guard personnel are presently eligible to open account
under PNB Rakshak Scheme under scheme code SBDPS or SBDPO and
occupation code of the customer as under:PBORS; Person below Officer
Rank, OFFCR:Officer below Brigadier Rank & or equivalent BRGEQ
Brigadier & above or Equivalent. Personal Accidental Insurance (PAI) cover is
taken on the basis of above occupation codes for the benefit of defence
personnel.
a) Current accounts may not be opened in the names of purdanashin ladies without
the sanction of the Circle Office.
(i) Whenever any staff member opens an account with a branch other than
that of his posting, the name of the branch of his posting will be ascertained at
the time of opening of account and should be recorded in the column for
i) At Circle office level: Circle Head / Second man at the Circle offices to get the report
generated on monthly basis in respect of their Circle and monitor all staff accounts as
per the report with special emphasis on the transactions in the accounts of incumbent
In-charges of the branches in the Circle. In case any instance of abnormal transaction
comes to the notice of the Circle office, they may call clarification from the concerned
staff, and the same be reported under:
‘Confidential Cover’ to concerned Zonal Audit Office and a copy to Inspection & Audit
Division-HO along with their views for necessary action. All other accounts where
abnormal transactions have been noticed and the staff is posted in offices other than
ii) At ZAO level: In view of the seriousness and gravity of the issue and to have
effective monitoring of the staff accounts, it has been decided that henceforth RAUDIT
report 2/23b would also be generated at Zonal Audit Office level for all the circles falling
under their jurisdiction and top 25% abnormal transaction accounts (amount wise) from
each circle would be specially monitored by them. Further the ZAOs must ensure that
all abnormal transaction cases detected/reported are properly dealt with and taken to
their logical conclusion by concerned Circle offices/ branches.
(iii) Incumbent Incharge of the branches should monitor the accounts of the
members of staff posted at their branches on regular intervals and to verify the
abnormal transactions in such accounts. In case any instance of such abnormal
transaction comes to the knowledge of branch Incumbent, the same be reported under
‘Confidential Cover’ to their respective Circle Head, who in turn, shall submit the same
under ‘Confidential Cover’ to Inspection & Audit Division-HO along with his views for
necessary action at our end.
(v) In order to curb malpractices and fraudulent activities the fact of opening of
accounts in our bank by employees of other banks shall be reported to concerned bank.
(vi) The address of the employer (bank) be ascertained, from the depositor at the
time of opening of the account and should invariably be recorded in the column for
occupation in addition to his residential address, in the account opening form (AOF).
(vii) The concerned official shall intimate to employer (Bank) of the Depositor through
a letter, to be sent under UPC in the format as under:-
Sir/Madam,
This is to bring to your kind notice that Mr/Ms.________ working in your office has
opened (type of account, viz. SF account No.) with us on _________.
Please acknowledge.
Yours faithfully,
Authorised Officer
a) In case of individuals trading under impersonal names or under names other than
their own, the relevant account must clearly indicate the connection of the proprietor
with the concern. Application to open an account of sole proprietorship concern will be
taken, in which the name of sole proprietor and the name of any other person
authorised to operate upon the account, and their specimen signatures, will be
obtained. Cheques should be signed on behalf of the firm, e.g.
A.B.
Authorised Signatory/ies
On his attaining majority, he should be requested to join with the other partners in
signing a fresh form no. PNB-1229
(c) The relationship between partners arises from a contract and not from
status, as in the case of HUF. An agreement is essential in case of a partnership
where individual person or legal entity (company) can execute the contract.
(d) While accepting security of HUF property for credit facilities granted to a
partnership firm, in which either “Karta” or other nominee of HUF is one of the
partners (in his individual capacity), the matter needs to be examined thoroughly
in view of the legal implications since HUF properties are governed by Hindu Law
and every coparcener of the HUF, whether adult or minor or unborn child in the
womb, has got the right in the property. Rights of the minor in HUF property
cannot be put to stake for the purpose other than the family benefit or benefit of
the minor.
(e) The whole body of the coparceners, where they are all adult, can alienate
coparcenery property.
(e) The whole body of the coparceners, where they are all adult, can alienate
coparcenery property.
DRAFT RESOLUTION
To
THE MANAGER
PUNJAB NATIONAL BANK
------------------
Dear Sir,
Reg…………………………………………………………………………………….
Yours faithfully,
f) Incumbents Incharge are not authorised to permit the bank’s name to be inserted
in the prospectus of any public company as the bankers of such company, without the
sanction of competent authority from their controlling office.
g) Cheques payable to a company must be credited to the company’s account.
a) Before a trust account is opened, the trust deed must be called for and a copy or
relevant extracts taken, serially numbered and retained in an indexed file. All portions of
the deed, which in any way relate to the working of banking accounts must be entered
in the power of attorney register (form No. PNB-45), Special attention must be paid to
the following points:-
i) Is power given for any number short of all the trustees to sign cheques? If not, all
must sign.
ii) Is power given to the trustees to delegate their authority to any one or more of
themselves or to third parties ? If not, no delegation should be permitted.
iii) Is power given to the trustees to borrow money? If not, no overdraft should be
allowed.
b) Along with the trust deed, an account opening form on form No. PNB-1229
should be taken. This form should be signed by all the trustees and should be
accompanied by a certified copy of the resolution authorising the opening of the account
and stating the names of the trustees authorised to operate thereon.
c) Form No. PNB-1229 It provides for notification to the bank of any change in the
operators of the account effected by resolution of the Board of Trustees. Any such
instructions should be immediately recorded in the relevant account, in the system
under proper authentication of the checking official, relative letter being filed with the
account opening form.
d) A banker is bound to honour cheques drawn on a trust account without enquiry
into the purpose or destination of such cheques, unless a cheque is presented, which
on the face of it appears to contravene the purposes of the trust, then payment should
not be made until a satisfactory explanation has been received in writing from the
trustees. Great care must be taken, however, not to damage a customer's name by
returning a cheque to a third party, without sufficient reason and incumbents incharge
must act with tact and be guided by their own judgment in all such cases. The
instructions in every trust account should contain such information related to the
purposes of the trust, as is necessary for guidance in this connection.
e) No cheque drawn on a trust account may be accepted for credit of the private
account of any of the trustees, if the private account is overdrawn, unless there is
a) The foregoing considerations apply with equal force to the accounts of funds, co-
operative banks, associations and societies, whether registered under the societies
registration act or not, in the conduct of which, memoranda and articles of association or
rules and resolutions take the place of trust deeds. In such cases account opening form
will be used.
b) There are also certain funds, mostly connected with recreations and usually of a
temporary nature, which are not registered and have no rules drawn up. In such cases
customers sometimes ask for accounts to be opened in their personal names with
additions such as 'Dinner account', 'Sports account', etc. These additions indicate that
the funds are held in a fiduciary capacity and before opening such accounts incumbents
incharge should make full enquiry regarding the existence of rules, resolutions of
meetings, etc., and note the results of their enquiries in the relevant accounts when
these are opened.
c) In the absence of any rules or resolutions of meetings to define their powers,
parties holding funds of this nature may be presumed to have full control over them.
Such accounts should, however, be opened only for undoubtedly reliable customers
and in circumstances which leave no doubt as to the true position.
a) Executors and Administrators have essentially the same duties i.e. realisation,
administration and distribution of a deceased's property; they differ in the manner of
their appointment. An executor is appointed by the Will of a deceased person and his
authority is derived from the Will and does not become operative until probate has been
obtained from Court. An Administrator is appointed by the court to deal with the estate
of an intestate person, i.e. a person who has left no Will.
b) Accounts in the names of Executors and Administrators should be opened in the
following style: -
A.B. and C.D., Executors to the Estate of Y.Z., deceased,
OR
A.B., Administrator (or Administratrix) to the Estate of
Y.Z., deceased.
c) The account opening form must be signed by all the Executors to whom probate
has been granted or by all the Administrators, if more than one, and the relative probate
or letters of administration must be registered at the branch in the power of attorney
register.
d) In the absence of an arrangement to the contrary, one or more of the Executors
or Administrators may draw cheques upon the account, without any written authority
from the others. To prevent misunderstanding, however, a letter of authority signed by
all of them, stating exactly in what manner and by which of them the account will be
operated, must be taken when the account is opened. Should this letter of authority be
subsequently revoked by any one of the parties, cheques must, thereafter, be signed by
all of them or such number of them, as they then authorise.
7 SPECIMEN SIGNATURES
a) AOF of persons authorized to operate the account shall be verified & preserved
manually.
b) The account opening form and specimen signature slip(s) will be kept in
numerical order for ready reference. Necessary precautions must be taken to prevent
an unauthorised signature slip being placed on record. It will always remain under the
control of a checking official and must be placed in the strong room overnight. The keys
7.1.2 In order to identify the accounts in which the facility of issuing cheques with
facsimile signatures has been allowed, ITD has defined a Keyword, ‘FACSI’ (for
facsimile signature). While uploading signatures in CBS System through Menu
Option ‘IMGMNT’, the Keyword, ‘FACSI’ would be entered in the ‘Keyword Field’,
followed by ‘Facsimile signature is permitted for this account’ in ‘Text Field’.
WHEREAS the Company has assured the Bank that the system installed in the
Company for generating the facsimile signature(s) on the cheques are reliable and
secure one.
WHEREAS the Company has approached the Bank for honouring the cheques bearing
facsimile signature of its authorized signatory on its presentment, which request has
been accepted by the Bank subject to the following terms and conditions:
1. The company agrees that the bank may honour cheques drawn on company’s above
mentioned account when the cheque bear or appear to bear the facsimile signature of
the authorized signatory(ies) of the company. It is further agree that bank may honour
the cheques regardless of by whom or by what means the actual or purported facsimile
signature has been made, provided the facsimile signature resembles the signature of
the facsimile specimen which the company has filed with the bank.
2. That the Company shall ensure proper, secure custody of the system and the cheque
books provided by the Bank in respect of the account. Company shall take all security
measures required for generating facsimile signature(s) to ensure that the accuracy,
completeness, authenticity and security of the system is not tampered or breached.
3. That the specimen signature as generated from the system of the authorized
signatory(s) of the Company will be provided to the Bank.
4. Any change in the system of generating the cheques bearing facsimile signature and
of authorized signatory will be advised in writing to the Bank well in advance and duly
acknowledged by the bank. Bank will not be responsible in the event of failure or delay
9. VIEWING OF SIGNATURE
a) The signatures scanned as per Customer ID can be viewed from any account
opened under any scheme for that particular Customer ID by entering the account
number.
10.1 General
a) During the currency of a deposit account, the account holder shall be at liberty to get
his account transferred to a branch at a place convenient to him. Transfer of account
shall be free of any transaction fee.
b) The Account Holder (all account holders in case of account in joint names) may
tender an ‘application for transfer of account’ (‘Application’) written on blank paper. The
request may be submitted at the account maintaining branch (transferor branch) or at
the branch where account is desired to be transferred (transferee branch). The Account
Holder would be requested to record on the ‘Application’, his/her old address as well the
new address in complete, along with his/her Mobile No. / Telephone No.
f) The blank cheque leaves surrendered by the Account Holder shall be verified by the
authorized official with the record in the related account in ‘System’. In case of any
mismatch, an enquiry would be made with the Account Holder to the satisfaction of the
dealing Official.
a) In case of newly opened saving / current account, if a customer desires so, he may
request, on a plain paper, to switch to another account or else to close his account
citing the reasons to do so, within 14 days of first transaction in the account.
c) No charges shall be levied for providing the facility of switching / closure of account.
However, the Incumbent Incharge should make efforts to retain the account by offering
various products.
d) If a depositor closes his account, after trial period of 14 days but within 12 months of
its opening, the prescribed charges shall be recovered.
12 NOMINATION
a) The Banking Regulation Act, 1949 was amended by Banking Laws (Amendment)
Act, 1983 by introducing new Sections 45ZA to 45ZF, which provide, inter alia, for the
following matters:
(i) Nomination Forms for deposit accounts, articles kept in safe custody and
contents of safety lockers.
(ii) Forms for cancellation and variation of the nominations.
b (i) As per delegation of powers, the Branch Manager / Officer In charge of the
Section has full powers to sanction the payment of deposit / delivery / release of the
articles kept in safe custody / locker, on the basis of nomination, to the nominee.
b (ii) The payment of the balance in the deposit account to the nominee of a deceased
deposit account holder represents a valid discharge of the bank's liability provided :
- Due care and caution has been exercised in establishing the identity of the
survivor(s) / nominee and the fact of death of the account holder, through appropriate
documentary evidence;
- There is no order from the competent court restraining the bank from making the
payment from the account of the deceased; and
- It has been made clear to the survivor(s) / nominee that he would be receiving
the payment from the bank as a trustee of the legal heirs of the deceased depositor, i.e.,
such payment to him shall not affect the right or claim which any person may have
against the survivor(s) / nominee to whom the payment is made.
b (iii) It may be noted that since payment made to the survivor(s) / nominee, subject to
the foregoing conditions, would constitute a full discharge of the bank's liability,
insistence on production of legal representation is superfluous and unwarranted and
only serves to cause entirely avoidable inconvenience to the survivor(s) / nominee and
would, therefore, invite serious supervisory disapproval. Accordingly, production of
succession certificate, letter of administration or probate etc. or obtaining of indemnity or
surety from the nominee, irrespective of the amount standing to the credit of the
deceased account holder should not be insisted upon.
b (iv) The Bank is to obtain a death certificate or any other proof of death acceptable to
the bank. The bank has to establish nominee’s identity before dealing with nominee.
Nominee should be asked to fill up claim format (PNB 831) for establishing his identity,
duly certified by:-
Magistrate of judicial officer or
An officer of central or state govt. or
b (v) It should be made clear to the nominee that payment is made to him only as a
trustee of the legal heirs/legatee(s) of the deceased account holder i.e. such payment
given to him shall not affect the right or claim which any person may have for that
money.
f) When a prospective customer is opening an account, the introducer can sign the
witness column also. However, in case the account is being opened on the basis of
Passport, Postal Identification Card or Identity Card of Armed Forces etc., nomination
can be witnessed by Bank official(s) also.
i) Where the nominee is a minor, the depositor, or all the depositors together, shall,
while making the nomination, appoint another individual, not being a minor, to receive
the amount of the deposit on behalf of the nominee in the event of the death of the
depositor or, as the case may be, all the depositors during the minority of the nominee.
k) Where the customer himself prefers not to avail the facility of nomination, the fact
of his / her refusal for availing Nomination facility would be recorded in the Account
Opening Form(AOF) (relevant option available in the AOF). The customer would be
explained the advantages of nomination facility. If he / she still chooses not to make a
nomination, he / she will be asked to give letter to this effect.
l) In case the customer does not make nomination and also declines to give a letter
to this effect, the branch will record the fact on AOF as under:
o) Nomination facility is also available for Savings Bank Account opened for credit
of pension. Banking Companies (Nomination) Rules, 1985 are distinct from the Arrears
ii. Opening of account by the minor of the age 10 years & above cannot be
extended to mean that he can be allowed to register nomination.
iii. The person ‘Lawfully entitled to act on behalf of minor has to be looked into
as per faith / religion to which the minor is subject.
iv. In all cases, the guardian appointed by Court are persons lawfully entitled to
act on behalf of minor.
v. If minor is Hindu, Buddhist, Jain or Sikh by religion, Natural guardian or
guardian appointed by ‘Will’ can make nomination.
vi. If minor is Muslim by religion, following category of persons can nominate on
behalf of minor:
A. The father,
B. Executor appointed by father’s ‘Will’,
C. Father’s father
D. Executor appointed by ‘Will’ of father’s father.
vii. If minor is Christian by religion, his / her father or mother can make
nomination for minor.
viii. For other religions, the matter is to be examined on case to case basis.
ix. On minor’s attaining majority, he / she can register fresh nomination.
w) Reserve Bank of India has further advised that in addition to the legend
“Nomination Registered”, banks should also indicate the name of the Nominee in
the Pass Books / Statement of Accounts / FDRs, in case the customer is
agreeable to the same.
iii. In case of Fixed Deposits, necessary functionalities have been customized in CBS
Application. The user has to modify the customers’ account through menu option:
“ACM”, where following three columns would be displayed:
Nomination Available?
Print Nominee Name?
Print Receipt?
The users are required to make “Y” in the second option field (Print Nominee
Name?), and then the name of Nominee will be printed on the face of the FDR. If
the same is kept as “N” in the second option field (Print Nominee Name?), then
the name of the Nominee will not be printed, but the registration number of the
nominee will be printed on the face of the Acknowledgement of Deposit.
a) The nomination details be captured by the SWO in the system. The SWO should:
i) Enter all particulars of nominee as per AOF in the relative account
ii) Modify the nomination after seeking prior permission of authorized official
iii) Generate the report & register as per format given below:
Sr.No Account Account holder’s A/c Nominee’s Remarks
No. Name & Address opening Name
Date
The authorized officer will:
i) Verify all the particulars of nomination in the register/system with AOF
ii) Ensure maintenance of record & its preservation as per guidelines
Sir,
Reg: My/Our Locker No :_________________
17. In deposit accounts and articles kept in safe custody and contents of lockers,
when nomination is appropriately made as prescribed, branch should pay deposit,
return articles in safe custody / give access to the locker and liberty to remove its
contents, to the nominee on completing prescribed procedure.
18. It may be noted that payment/delivery of articles to nominee is not to be treated
as claim case. The nominee by operation of law is entitled to the deposits/ articles kept
in safe custody/contents of lockers. The facility of nomination contemplates quick
payment/delivery on completing prescribed procedure.
19. Branch Manager/Officer Incharge of the section has full powers to sanction the
payment of deposit/delivery of the articles kept in safe custody/contents of lockers, on
the basis of nomination to the nominee.
Withdrawal form does not have the features of a cheque and may pose certain
problems if withdrawal form is allowed for payment at CBS branches other than the
base branch. Accordingly, cash payments through withdrawal forms are permitted only
at the branch where the customer maintains the account and not at other branch. The
clause, “Usable at Base Branch only” is printed on the face of the withdrawal slip.
i) The stock / custody of withdrawal slip must remain with supervisory staff only. It
should be issued to the Account Holder on his/her demand. In no case should
withdrawal slips be left in the banking hall, outside the counter. While handing over the
Withdrawal Slip to the Account Holder, supervisory staff should affix the dater rubber
stamp on withdrawal slip.This is to counter check that the slips have been made
available from branch counter.
ii) The payment of Withdrawal slip with dater stamp be made by the Single Window
Operator, within his prescribed passing power with other usual safeguards.
iii) For payments beyond the power of Single Window Operator, The SWO will enter the
same in the computer and issue the Token to the Account Holder. Payment beyond Rs
50000/- be permitted by the incumbent and it should be ensured by the dealing officer
that withdrawal slip reaches the cashier only through the person authorised for this
purpose and in no case it be handed over to the Account Holder for delivery to the
cashier.
iv). Withdrawal slips should be printed with respective branch name and distinctive
number and printing should be centralized at Printing and Stationery Department
only.The withdrawal slips should be printed centrally keeping in view the number of
withdrawals made at the branch through CBS without any specific request from branch,
once in 6 months. The same should be printed and dispatched to the branches
proactively by HO: Printing and Stationery Department.
Cash payment against tender of Withdrawal Slip shall not be permitted to third party,
even if the same is accompanied with pass book.
v)To provide relief to the sick pensioners ,old, infirm and account holders who are nable
to come to the bank personally for withdrawing cash through withdrawal slip, guidelines
given in this chapter may be followed.
vi) On presentment of Withdrawal Slip by the account holder personally, he/she may be
permitted withdrawal of unlimited amount, subject to observance of usual safeguards,
viz. production of pass book, verification of signatures, availability of balance etc.
vii) Depositors must produce their passbooks, when withdrawing money from their
accounts, by a withdrawal slip. Such instruments without production of the pass book,
must be referred to the Manager, who may permit such withdrawals only in very
exceptional circumstances, provided he is personally satisfied, that there is no risk in
doing so. While exercising such authority, Manager must satisfy himself about the
genuineness of the mandate and will record the reasons for allowing the payment on
the back of the withdrawal slip itself. Manager will be held personally liable if it
transpires subsequently that payment through withdrawal slip was wrongly made.
viii) A notice as per below shall be displayed at conspicuous place in the branch:
“All our Savings Fund Account holders are requested to note that cash
payment against tender of withdrawal form shall be permitted as under:
III “Account Holders are requested to bring their pass book for cash
payment against withdrawal slip in their a/c to avoid any inconvenience.
The withdrawal slip shall be issued by the supervisory staff on demand.”
(i) Cheques and Drafts, etc. tendered for collection and credit to an account
should not be drawn against until these have been actually realised. The bank
reserves the right to refuse payment against uncleared effects even though credit
there of may have been afforded in the pass book.
(ii) Branches would display following notice at conspicuous place in the
banking-hall:
“Bank shall only honour or pay the cheques of the customers against
clear balance up to the previous day and having regard to the
drawals of the day already made in the account”.
(iii) The bank will not be held responsible, in the event of cheques being
dishonoured for having been drawn against cover in course of realization.
(iv) The bank will take every precaution to see that funds paid in for credit to
accounts are correctly recorded in the respective accounts; but in case any
cheque is returned by the bank inadvertently, it will not be held liable for any
damage arising there-from.
(v) Cheques must be drawn on the bank's printed forms out of the cheque
book supplied to the constituents for the purpose. The bank reserves the right to
refuse payment of any cheque drawn otherwise.
(vi) For cheques drawn for a sum less than Rs.50/-, a charge of Rs. 20/- per
cheque be levied in non-individual accounts.
(vii) Constituents should not overdraw their accounts without having made
previous arrangements.
(viii) Cheques should be drawn in such a way as to prevent subsequent
additions or insertions and the signatures thereon should be in strict conformity
with the specimen signatures supplied to the bank.
(ix) The bank reserves the right to refuse payment of cheques that have been
altered in any way, unless the alteration is authenticated under full signatures of
the drawer.
(x) No extraneous matter should appear on the cheque otherwise it may be
dishonoured.
(xi) The bank will not be responsible if any post-dated cheque, i.e. bearing a
date subsequent to the date of its presentment, be inadvertently paid.
c) Bank will have only one type of Chequebook i.e. CTS cheque books. The word
CTS-2010 is written along with the name of the printer placed vertical on left hand side
of cheque. In CTS-2010 Compliant Cheque, date field is in 8 cages. Name & Logo of
the Bank with branch name and RTGS/NEFT/IFS code are placed on top left side.
Pantograph in grey-black colour with hidden/embedded word “VOID” just below the
account field on the left hand side corner in the size of 1x2 cms. These cheques would
bear complete 9 digit branch specific sort code (City, Bank and Branch MICR Code
printed on MICR Line of the cheque).
All branches would maintain sufficient stock of CTS-2010 cheque –books only,
for issuing to their customers. Chequebook would be issued in customers’
accounts after ensuring that 16 digit complete account number is legibly written/
stamped on every cheque leaf
d) Branches would request the customers to bring in the branch, the unused
‘Non-multicity Chequebook’ in their possession, to get the Multicity Chequebook
issued in their account. The ‘Non-multicity Chequebook’, so surrendered shall be
destroyed as per procedure. The ‘Multicity Chequebook’ with generic code
(‘000024000’), already issued in Customers’ Accounts would continue to be valid
and honoured on presentment as per extant guidelines on payment of cheques.
(iii) Branches and other offices falling under the jurisdiction of Circle
Offices would submit certificate of destruction of stock of Non
CTS cheque books and ‘Multicity Chequebook’ without Name and
Distinctive No. of branch printed there on (chequebooks with
generic code ‘000024000’) to their Circle Office. The exercise of
obtaining CTS cheque books from Printing & Stationery
Department and destroying of NON CTS cheque books should
be completed by 31.07.2017 and thereafter only CTS
CHEQUE BOOKS be issued to customers in all branches.
(iv) Similar certificate would be submitted by the joint custodians at
Circle Offices / Head Office Departments / Divisions / ZAOs to
their respective Circle / Divisional Head / ZAO Incharge.
h) All branches would place their indent to Printing and Stationery Department,
HO, for supply of various sizes of CTS-2010 compliant cheque -books, depending
upon the requirements of the branch. Old cheque books /(Non CTS will not be
issued to customers.
General Instructions
(a) No branch shall issue cheque book in an account maintained at other branch.
(b) After account opening and verification, the cheque book can be issued to the
customer. Complete 16 digit account number must be written at designated place on all
the cheque leaves issued to the account holder.
(c) It would be ensured that cheque books are delivered over the counters on
request to the depositor or his authorized representative, after observing the system
and procedures in this regard. Instances of refusing the customers or their authorized
representatives from collection of cheque books at the counters and insisting on
dispatching the same by courier to them, after obtaining an undertaking from them that
the dispatch of cheque books by the Bank / its courier would be at the customers’ risk
and consequences and that the customers shall not hold the Bank liable in any manner,
whatsoever, in respect of such dispatch of cheque books, shall be viewed seriously.
(d) The stock of cheque books must be kept in the custody of two officers, one of
whom must be an Assistant Manager and, in his absence, an officer. The Branch will
maintain the inventory (stock of Security form) into the system by loading the details.
(e) The data relating to cheque book issued should be fed into the system and be
checked by an authorized officer and a printout is taken. This print out should be
compared with physical security, signed by the checking officer and preserved.
(i) Indian Banks' Association has desired that due care should be exercised over
issue of Cheque Books to account-holders. The history of returning of cheques should
be verified while considering request for issue of fresh Cheque Books, so that the
incidence of cheque returns is reduced.
(j) A possibility of customer utilizing anywhere Banking facility offered by the bank to
enrich themselves by chennalising funds to third parties on commission basis had come
up for review at the legal department of Reserve Bank of India, who after examining the
issue advised as under:
“Using Anywhere / Any branch banking, cheques for bona fide remittance by
the account holders is permitted but making money by using banking
channels for such remittances by way of issue of Anywhere Branch Banking
cheques appears to be objectionable. “
(k) While issuing Multi-city cheques to the customers, they must be advised that
these cheques should be used by them only for bonafide remittances and not for
making money / profits by conducting commission agency business or
otherwise. The accounts of the customers utilizing CTS-2010 cheques should also be
monitored to check that the facility is not utilized for transactions other than bonafide
remittance by the customers.
(l) The account holders, who do not keep sufficient balance in their accounts and
whose cheques are frequently returned due to insufficiency of funds, should be
identified and properly noted by the concerned officials. A Plain Register should be
maintained in which the account number and the name of such account-holder/s should
be entered and the same should be initialled by the officials issuing cheque book.
Cheque book should be issued to such account holders only under the authority
of Incumbent incharge (in case of ELBs/VLBs under the authority of Sr.
Manager/Manager) after proper inquiry, so as to discourage them from issuing
the cheques without providing for sufficient funds.
(m) The compliance of the guidelines should under no circumstances affect the
efficient service in issuance of cheque books to genuine and bonafide customers.
(n) While entertaining the requisition of fresh cheque book in customer’s account,
official concerned would verify the extent of usage of earlier cheque books, do due
diligence on transaction history /behavior of account and satisfy himself about the need
of current request. Similar caution should also be exercised while entering in system
(o) In normal course of operations, the customers are provided small number of
cheques at a time, the quantity of leaves varying between 10 to 20 in case of Savings
fund and 25 to 100 in case of current/cash credit/overdraft accounts. However, some
public sector undertakings / corporate customers are allowed large number of cheques
in view of their requirement for smooth operations. The requisition of chequebooks
should be dealt with keeping in view the genuine short-term business requirement.
(p) Bank also permits issuance of higher number of cheques (fixed number) to the
customers for depositing the post-dated cheques with financial institutions/ banks for
repayment of loans. Request for issue of bulk cheque-books would be entertained
only in the accounts which are more than one year old and are conducted
satisfactorily. In such cases, a confirmation be also obtained from the concerned
bank/FI about receipt of post dated cheques or alternatively the customer should submit
a duly acknowledged copy of letter addressed to the Bank/ Financial Institution,
mentioning deposit of such post dated cheques with bank/FI concerned.
(q) Every leaf of the cheque-book issued in a newly opened account would be
branded with a stamp ‘New Account’.
(s) A Board with the following notice (both in Hindi and English) should be suitably
displayed to educate the customers:
(b) The issue of cheque books will be under the charge of an authorised official, who
will keep a small supply of such books in his personal custody for current use in a
locked box. He would ensure that the name of the printer placed vertical on left hand
side of cheque. In CTS-2010 Compliant Cheque, date field is in 8 cages. Name & Logo
of the Bank with branch name and RTGS/NEFT/IFS code are placed on top left side.
Pantograph in grey-black colour with hidden/embedded word “VOID” just below the
account field on the left hand side corner in the size of 1x2 cmsare printed on each leaf
of the cheque book by the Printing & Stationery Deptt. When a cheque book is issued,
the date of issue and name of the customer will be entered in the security forms register
(form no. PNB-126) and the entry will be initialed by the official concerned. The
recipient's signatures (or despatcher’s initials for books sent by post or by bank’s
messenger) will be taken in the appropriate column. Care should be exercised that the
name of customers are not marked on the cover of cheque books issued to them.
c) The Branch Manager or the authorised official should exercise precaution and
vigilance at the time of passing orders for issuance of cheque book/duplicate pass book
on the basis of letter of request. He may call for the Account Opening Form or
information available in the system and interview the presenter briefly (in case he does
not know him personally) so as to eliminate the chances of cheque book/ pass book
falling in wrong hands. Questions like, when was the account opened or how many
years back it was opened, what were the last one or two major withdrawals/deposits
into the account etc. may be asked. Further, signatures and address on the letter of
request may be obtained in the presence of the officer authorising issuance of cheque
book or duplicate pass book (where the account holder himself comes personally to the
branch)
(d) Personal interview would afford an opportunity to know the customer personally
and would instill confidence that the Bank cares for him. Of-course, interview is to be
conducted informally and with a personal touch without offending the account holder.
The alert message will be shown by the system in both the menu options i.e.
a) ICHB – option meant for issuing cheque book, manually at the branch
level.
b) CBSCHQBK – option for centralized cheque book request.
iii) Whenever a request for fresh cheques is received from an account holder
on a requisition slip, which does not belong to the lot of cheques issued to him
(a) Intimating the account holder that the chequebook has been issued as per
his/her request,
(b) Ensures that the chequebook has been received by the persons entitled to its
rightful custody.
vii) The customer would be advised on form No. PNB-119, through bank’s
messenger or through post (in no case through the messenger of the account
holder, who takes delivery of the cheque book), that bank has issued
chequebook to his / her messenger (authorised representative) and requested to
acknowledge receipt of the issued chequebook on the acknowledgement form
available as a perforated part of PNB-119. Where form No. PNB-119 is required
to be sent by post, it should be posted under postal certificate.
a. At times, customers call at the bank personally for a loose cheque form to be utilised
by them for drawing on their accounts. A written request should be obtained from
customer for the purpose. A separate cheque book will be kept by the official
incharge of cheque books for this purpose, all cheques issued be entered on a
separate page in the security forms register, in which the acknowledgments of the
recipients must be taken. The names of the parties, to whom cheques are thus
issued, will be entered on the relative counterfoils / transaction sheet.
b. The issue of loose cheque leaves to Bank employees and customers should
be discouraged as a matter of course. Loose cheque should be issued only to
account holders by authorised officer after ascertaining the genuineness of
the need for the same.
Dear Sir,
Re: Request for issuance of chequebook / cheque leaves – SF / CA / OD
account no. ____________
Please issue me chequebook(s) / cheque leaves containing _______ leaves for the
purpose of repayment of loan availed by me from ____________ (name of the
financial institution) and / or payment of utility bills in favour of :
(i) _______________________________
(ii) _______________________________
Sanction / Demand letter, issued by _____ (name of the financial institution) from
where I have raised loan for the purpose of _________, is attached.
I have been orally explained by you the precautions to be observed by me for safe
custody of the cheque leaves and agree to abide by the same.
I am aware that the cheque facility is being provided to me by the Bank absolutely at
my own risk and responsibility and that the Bank shall not, in any way, be held
responsible / liable for any misuse of the cheque leaves issued to me.
Thanking you,
Yours faithfully,
(ii) Before handing over the cheques to the visually impaired persons, name
of the financial institution, dates (post-dates) and amount of instalment, both in
words and figures (as mentioned in the demand / sanction letter), shall be filled
in the cheques. It should be ensured that only as many post-dated cheques are
(i) On the specific request of the account holder, a few cheques in favour of
each utility providing organization / corporation (e.g. electricity / telephone /
water department) may be issued and the same procedure, as in the case of
cheques issued in favour of financial institutions (as mentioned in (i) above),
should be followed for issuance of such cheques. However, date and amount
shall be left blank which shall be filled in by the visually impaired person
(account holder) at the time of issuance of cheque to the beneficiary.
Cash Payment against tender of withdrawal form would not be made, even if the
withdrawal form is tendered by the account holder with passbook.
(B.1) Account holders (including staff) will be allowed Inter-sol cash payment up to Rs
5.00 (five) lakh, per transaction, as under:
(i) In respect of accounts in the name of individual(s), proprietorship
concerns, transaction to be allowed to the account holder against cheque drawn
favouring self.
(ii) In respect of Ltd. Companies, Govt Agencies, HUF and similar
organizations, transaction to be allowed against cheque drawn in favour of their
representative, whose identity should be explicit.
(In case customers, for bonafide business requirement, desire higher amount of
inter-sol cash payments at selected branches, Circle Head may permit such
higher limit to be utilized at specified branches, on case to case basis, under
intimation to such specified branches and the concerned Circle Office under
whose jurisdiction the branch/es so specified falls. The Circle Office and the
26.1.2 Branches would display following notice at a conspicuous place in the branch:
“Notice is hereby given to all the customers of the Bank that to safeguard their
interest, Single cash payment transaction in deposit accounts at Non Parent
SOL or Non Base Branch or other than Base branch, is restricted to Rs 5 lakh
against self-drawn cheques. Cash Payment to third party would be allowed at
other than the base Branch only in accounts where mobile number is recorded
in the account and is enabled for receiving SMS alerts, as detailed here under:”
26.2.1 Debit transfer transaction in a customer’s account can be initiated on the basis of
mandate received through a cheque drawn out of the cheque book issued in the
account or though an authority letter from the account holder.
26.2.2 The Transfer Vouchers are meant for branch use only and are not an
instrument for use by the customers for carrying out the transactions in their
accounts. In case of authority letter, the signatures on the letter would be verified from
the specimen signatures on the record of the branch and after satisfying about the
genuineness of the authority from the customer, a Transfer Debit Voucher, quoting the
date of the letter and number, if any, is prepared and signed by a checking official. The
letter, after dealing with the instructions, would be filed with the related voucher.
26.2.3 The Inter-SOL transfer transaction /3rd party payment would be permitted
as under:
-3rd party cash payments up to a maximum of Rs.50,000/- per day. Aggregate of all
inter-SOL cash payment transactions on a single day shall be ascertained by the branch
making the payment.
-3rd party cash payments up to a maximum of Rs.1,00,000/- per day. Aggregate of all
inter-SOL cash payment transactions on a single day shall be ascertained by the branch
making the payment.
26.3.2 Hence, a cheque presented in debit clearing by other Bank may be debited at the
Service SOL. Similarly, a customer may deposit at any SOL a cheque drawn on other
bank for collection in his account.
26.3.3 Presenting banks are entering name of banks, dummy values like A/C, Pool
account, etc. instead of name of payee. These irregularities create panic among
customers when they receive message with unknown names of beneficiaries of
instruments which were issued to someone else. Presenting bank will ensure that
correct information, as indicated by issuer on the cheques is keyed in when the
instrument is sent for collection.
(d) Of late it has been noticed that branches at large are creating customer-induced
transactions in Inoperative Accounts without following the laid down procedures for such
accounts. Although such transactions cannot be undertaken on alternate delivery
channel like ATM & internet banking, manual transactions in these accounts without
making them as active accounts is exposing the bank to avoidable risks. As the
customer is able to transact at base branch, it invites complaint against failure at
alternate delivery channel and inter sol transactions.
“CAUTIONARY ADVICE”
Sh/Ms/M/s _______________________
________________________________
1. It is observed that there have been frequent returning of cheques issued on your
above account, due to insufficient funds / exceeding arrangement. During the period
from _____ to _____, there have been following returnings:
3. Further, we shall be pleased if you could make it convenient to visit our office during
working hours to apprise us with the reasons for these returnings.
Thanking you,
Yours Sincerely,
BRANCH MANAGER
Sh/Ms/M/s _______________________
________________________________
Dear Sir(s), / Madam,
2. We are sorry to state that no perceptible improvement has been observed and further
retuning of cheques has been noticed from _____ to _____, as under:
3. Therefore, we again request you to improve upon the conduct of your above account.
We further inform you that in case no improvement is noticed and returning of cheques
on account of insufficient funds / exceeding arrangement continues for future, no fresh
cheque book may be issued to you and the Bank may even consider closing the above
account. In all such cases, you will be required to make alternate arrangements for
cheques already issued by you. Accordingly, we advise you to desist from issuing any
fresh cheques on above account, without having sufficient funds in it.
4. Further, we again advise you to visit our office during the working hours, to apprise us
of the reasons for the aforesaid returnings.
Thanking you,
Yours faithfully,
BRANCH MANAGER
Ref : ______________
Date : _____________
“NOTICE”
Sh/Ms/M/s _______________________
________________________________
1. Your immediate attention is drawn towards our letter(s) dated _________ and
__________, advising you to improve upon the conduct of your above account in view
of frequent returning of cheques on account of insufficient funds / exceeding
arrangement.
3. Therefore, we are now left with no alternative except to advise you to surrender the
unused cheque book and close your above account within 30 days from the date of this
letter.
4. In case the above account is not closed by you within the stipulated period as per
above, bank would be constrained to close your above account without any further
notice, entirely at your cost, risk & responsibility.
Thanking you,
Yours faithfully,
BRANCH MANAGER
Ref : ______________
Date : _____________
Sh/Ms/M/s _______________________
________________________________
2. It was further advised that if above account is not closed by you within the given
period, bank would be constrained to close your above account without any further
notice, entirely at your cost, risk & responsibility.
3. It is observed that you neither visited the branch for closure of the above account nor
have you surrendered the unused cheque book, within the given time of 30 days.
4. Accordingly, your above account has been closed today, at your cost, risk and
responsibility.
5. Please find enclosed a Banker’s Cheque / Demand Draft No. _________ dated
_________ for Rs_______, in your favour representing the balance lying to the credit of
the account, including up-to-date interest as per bank rules.
6. As already advised, please make alternate arrangements for the cheque, if any,
already issued by you on the above account.
7. In your own interest, we advise you not to issue any fresh cheque on above account
and surrender / destroy the unused cheque leaves.
Thanking you,
Yours faithfully,
BRANCH MANAGER
a) Branches shall submit the following information to Inspection and Audit Division,
Head Office through their controlling office on quarterly basis relating to cheques
dishonoured for want of sufficient funds:
(i) Cheques drawn in favour of stock exchanges by the stock brokers,
irrespective of amount;
(ii) Cheques for Rs 25 lakh and above drawn by parties / entities other than
the stock brokers; and
(iii) Cheques for Rs 25 lakh and above, dishonoured for want of sufficient
funds, where the payee is a borrower of the Bank.
28.1.1 Cheque received from other banks / sister branches in local clearing
(Inward Clearing)
(a) When a cheque is received by a branch in local clearing and dishonoured
by it for some reason, the Incharge of the Section, to whom the cheque relates,
shall ensure that the dishonoured cheque is entered in the Cheque Returned
Register under his full signature. He shall then hand over the dishonoured
cheque along with the duly signed and dated Cheque Returning Memo (PNB
113) giving therein reasons for its dishonour to the Incharge of Clearing Section
against latter’s proper receipt, i.e., against his full signature with date. The
Incharge of Clearing Section shall ensure that the cheque is returned to the
presenting bank on the same day / next day when the clearing house meets for
exchanging the returnings. In any case, he shall ensure that discipline prescribed
for the clearing house in terms of Uniform Regulations and Rules for Bankers’
Clearing Houses is fully complied with.
28.1.2 Cheque received from branch’s own customers or sister branches / other
banks for collection in local clearing (Outward Clearing)
(a) When a branch presents a cheque in clearing either for its own customer
or on behalf of any sister branch / other bank and the cheque is returned unpaid,
it should be returned immediately to the customer / sister branch / bank
concerned.
(b) Branch shall follow the under noted procedure for returning a dishonoured
cheque, as at (a) above, to the customer / sister branch / bank concerned:
(i) The Clearing Section SWO will mark dishonouring of the cheque in the
Outward Clearing Register against the relative entry and hand over the
same to the Incharge who, after verifying the same, shall hand it over to
28.1.3 Cheque received for in-house collection from branch’s own customers or
from sister branches / other banks
a) When a branch receives a cheque for in-house collection (i.e., a cheque drawn on an
account with the branch itself) from its own customer or from a sister branch / other
bank and the cheque is dishonoured, for whatsoever reason, it should immediately be
returned to the customer or to the sender sister branch / other bank, as the case may
be, along with the Cheque Returning Memo.
b) Branch shall adopt under noted procedure for returning a dishonoured cheque, as at
3.1 above, to the payee / sender outstation branch or the bank concerned:
(i) The SWO concerned will enter particulars of the dishonoured cheque in
the prescribed Cheque Returned Register, append a Cheque Returning Memo to
the cheque, giving reasons of its dishonour and hand over the same to the
Incharge who, after verifying the correctness of the reason for dishonour of the
cheque, shall put his full signature with date on the Cheque Returning Memo as
well as in the Cheque Returned Register. Thereafter, he shall act as under:
(ii) If the dishonoured cheque happens to be deposited by branch’s own
customer, the Incharge shall hand over the same along with Cheque Returning
Memo to the Incharge of the Dispatch Section against latter’s proper receipt, i.e.,
against his full signature with date. The Incharge of Dispatch Section shall
ensure that the dishonoured cheque is returned / dispatched to the customer
immediately.
28.1.4 Outstation cheque sent for collection and received back dishonoured -
Branch’s own customer or any other bank
a) When a cheque sent for collection to an outstation branch / bank is received back
dishonoured, the Incharge of section of ODBC / ODD / BD shall ensure that –
b) As such, it must be ensured that the instruments (cheques, drafts, pay order,
etc.) that are purchased by the Bank, invariably bear endorsement of the original payee
/ last endorsee, as the case may be, in favour of the Bank so that the Bank becomes a
holder in due course.
e) However, since returning of cheques for insufficiency of funds may have serious
implications, utmost care and caution must be exercised while returning cheques for the
said reason by ensuring that the related account does not have sufficient funds to meet
the amount of the cheque being returned.
(iv) Ensure to put the under noted narration with a rubber stamp in the terms
and conditions of the various Account Opening Forms including respect of
current and savings fund accounts, and in Cash Credit / Overdraft agreements,
i) All cases of return of cheques/ NACH (ECS) of Rs.1.00 crore and above for want of
sufficient funds will be monitored at IAD,HO and information along with action taken be
placed before the Audit Committee of Board on quarterly basis, in future.
ii) Cases of return of cheques of Rs.25.00 lacs and above but less than Rs 1.00 crore
will be monitored by the respective FGM’s office (now Zonal Offices)/Circle Heads and
appropriate action in terms of RBI/ Bank’s guidelines be initiated.
b) Circle Office shall consolidate the information received from the branches
(including VLBs / ELBs) and shall send the same to Inspection and Audit Division, HO
c) From the point of view of safeguarding the Bank’s interest, the Circle Offices
shall monitor such returnings in terms of the guidelines contained in this circular and
send consolidated reports to our office on the prescribed format giving details of punitive
action / corrective measures taken, both in borrowal and non-borrowal accounts.
d) It may be noted that the information in respect of the cheques drawn by stock
brokers in favour of stock exchanges and returned unpaid due to insufficient funds is
required to be submitted irrespective of the amount. In other cases, the said information
is to be submitted in respect of cheques for Rs 25 lakh and above only.
However, before exercising powers to close a current / savings fund account, the
Incumbent Incharge shall record his decision with due justification on a prescribed
format and this will form a part of the record of the closed account.
b) In all the cases described as above, necessary charges as per the Bank’s rules
shall be recovered whenever a cheque is returned dishonoured. Besides, in case such
a cheque happens to have been purchased / discounted, overdue interest as per the
Bank’s rules shall also be recovered.
Please be informed that in case any further cheque for Rs 25 lakh and above is
returned unpaid on account of insufficient funds / exceeding arrangement in this
financial year, no fresh cheque book may be issued to you and the Bank may even
consider closing the above account / discontinuance of credit facilities in the above
account.
We shall be pleased if you could make it convenient to visit our office during working
hours to explain the reasons for these returnings.
Thanking you,
Yours faithfully,
BRANCH MANAGER
Sl. Name of Name of the Nature of Cheque Amount Name Date of Action
No. the constituent account number of of the dishonour taken* in
branch with and date cheque payee of cheque case
number (Rs in cheques
lakh) are
returned
three or
more times
in a
financial
year
1 Caution notice given about stoppage of cheque facility likely closure of account /
discontinuance of credit facility
2 Cheque facility stopped
3 Account closed / credit facilities discontinued
4 Account continued with justification for not taking action
1 Caution notice given about stoppage of cheque facility likely closure of account /
discontinuance of credit facility
CO______________
Signature
(Name of the Appropriate Authority)
Date:
(For borrowal accounts)
PROFORMA FOR CONSIDERING DISCONTINUANCE OF CHEQUE BOOK
FACILITY AND/OR CREDIT FACILITIES IN CASE CHEQUE/S FOR RS 25 LAKH OR
MORE IS/ARE DISHONOURED ON ACCOUNT OF INSUFFICIENT FUNDS ON FOUR
OCCASIONS IN A FINANCIAL YEAR
PUNJAB NATIONAL BANK
BRANCH OFFICE:________________________
Non-fund based
NOTE
(A) REVIEW OF THE ACCOUNT IN THE ABOVE MENTIONED FORMAT SHALL
BE PUT UP FOR CONSIDERATION TO AN AUTHORITY ONE STEP HIGHER THAN
THE SANCTIONING AUTHORITY
(B) IN CASE OF CMD AND MC SANCTIONS, REVIEW OF THE ACCOUNT SHALL
BE PUT UP TO CMD AND IN CASE OF BOARD SANCTIONS, TO BOARD ITSELF
29. Of late there has been increase in cases of interception of cheques and other
instruments in postal transit and frauds have been perpetrated by miscreants through
stolen cheques collected through newly opened accounts, in fictitious name(s). Strict
observance of laid down guidelines in respect of newly opened deposit accounts is
therefore of utmost importance.
30. Utmost care should be taken while handling the instruments tendered by the
customers for collection as well as received for payment in clearing / collection so that
the same do not get misplaced, for any reason, in the branch premises. The proper
handling of these instruments, as per the guidelines, not only ensures safety of the
same but also helps avoid any sort of harassment to the customers in procuring
duplicate thereof apart from financial / reputational loss to the Bank.
31. In the matter of cheques / instruments lost in transit or clearing process, the
Reserve Bank of India has framed the following guidelines for implementation by the
banks:
(i) In respect of cheques lost in transit or in the clearing process or at the paying
bank’s branch, the bank should immediately bring the same to the notice of the
account holder so that the account holder can inform the drawer to record stop
payment and also take care that other cheques issued by him are not
dishonoured due to non-credit of the amount of the lost cheques / instruments
(ii) The onus of such loss lies with the collecting banker and not the account
holder.
(ix) The incumbents are advised that data base and all records e.g. AOFs, Specimen
Signature Slips, Ledger sheets, Registers, vouchers, balance books etc., of such
inoperative accounts / unclaimed deposits viz. inoperative current and savings fund
accounts, Overdue Term Deposit Accounts, Inoperative Cash orders, Overdue Draft
Payable Accounts, Unclaimed Deposit entries lying in Sundry Deposit A/c etc. are
complete, segregated and properly maintained & kept safe with proper control
measures as per bank’s guidelines and that balances of such accounts are tallied.
(x) The amount of Stale Drafts / Cash Orders (not paid for a period of 3 months
from the date of issue) would not be transferred to ‘Inoperative Others’ /
‘Inoperative 10 years & above’ Head. Such Drafts / Cash Orders will continue to
outstand in the operative Draft / Cash Order account but for the purpose of reporting,
such Drafts / Cash Orders will be reported in CBS System under appropriate heads –
inoperative others / inoperative over 10 years & above.
Date: ___________
Sir / Madam
As you have not made any transaction in your above referred account for last 2
years, the account has been transferred to inoperative category as per the
applicable rules. After transfer of an account to inoperative category, any operation
in the account may be allowed only after re-verification of customer identity. Besides,
an incidental charge of Rs________ is also debited to the account every half-year.
It will be our pleasure if the operations in the account are re-started by you after
getting the account transferred to operative account category. For the purpose you
may call on us on any working day during business hours. In case you do not desire
to continue the account, you may get the account closed.
Yours sincerely,
(Branch Manager)
33.3 General
(i) The Account Opening Forms and Specimen signature Slips of the accounts
transferred to inoperative category are segregated and kept in the joint custody of
Manager and an authorised officer. Under computerized environment, Inoperative
account signatures are classified separately and access to such signatures is allowed in
a limited way. The general users are not able to see the signatures of inoperative
accounts. The right to view signature of inoperative account is restricted to authorized
officers.
(ii) Necessary safeguards are required for prevention of fraud in these accounts.
Any withdrawal or operation in such account should be authorized by the Incumbent-in
charge/ authorized officer only.
(iii) Payments are made in such accounts only when authorised in writing by the
custodians of the inoperative accounts and such withdrawals must be passed by both of
them, irrespective of the amount involved. The passing officers must exercise extra care
while passing withdrawals from inoperative accounts and in case of any doubt, the
depositor must be identified to their satisfaction. Part withdrawals from the credits to
inoperative accounts should be allowed only after the particular account has been re-
transferred to operative accounts. In case the balance of any account is sought to be
withdrawn in full, the operation may be allowed in the inoperative category and account
closed. Drafts and cash orders may be paid direct from the inoperative category when
presented, if otherwise in order and are properly revalidated. All related reports shall be
generated as and when required and preserved for future reference.
(iv) No standing instruction should be accepted for Dormant, inoperative account and
system will display memo pad thereby restricting the data entry.
(vi) An inoperative account should be subjected to the KYC procedures as and when
any transaction comes up and it is sought to be transferred to the operative category.
No service Charge for transfer of account to ‘Operative Category’ would be
charged in the account.
(vii) The outstanding in the inoperative accounts are tallied as at the close of each
half-year, with the balances of "inoperative accounts (others)" and "inoperative accounts
(10 years or over)" in the general ledger.
(viii) Incidental charges will be applied to inoperative current and savings accounts
and interest will be allowed on savings accounts, as prescribed from time to time by
Head Office.
(ix) Branches shall make all out efforts on on-going basis, towards reduction in
inoperative accounts. There may be instances where depositor may have expired and
the legal representatives of the deceased may not be aware of existence of any account
in his / her name
(x) With a view to reducing the number of accounts lying under Inoperative category,
including ‘Inoperative 10 years & above’ , Circle Offices shall constitute special teams of
dedicated staff at branch / station level for contacting the depositors for transferring their
accounts to operative category. Where depositor is not found residing at the recorded
address, efforts should be made to enquire into the whereabouts of such depositors or
about their legal heirs / nominees.
(xi) The segregation of the inoperative accounts is from the point of view of reducing
risk of frauds etc. However, the customer should not be inconvenienced in any way, just
because his account has become inoperative. The classification is there only to bring to
the attention of dealing staff, the increased risk in the account.
(xii) If the letter sent as per Para 33.1 (iv) above is returned undelivered, branch
would immediately be put on enquiry to find out the whereabouts of customers or their
legal heirs in case they are deceased. Account holder may be tried to be contacted
telephonically, through e-mail in case his telephone number / Cell number / e-mail
address is available with the branch.
(xiii) In case the whereabouts of the customers are not traceable, contacting the
persons who had introduced the account holder, the employer / or any other person
whose details are available with the branch record should also be considered.
(xiv) Branches are instructed to pay ‘Simple’ interest on ‘Overdue Term
Deposits’ at Savings Bank Rate of Interest for the period from due date or
i) The SWO will enter the details of standing instructions in the system / register
and authorized officer will verify and authenticate the same. The print out of the report
containing the details of standing instructions (i.e. Standing Instruction Register) should
be preserved / recorded. The report generated from the system regarding standing
instruction may be maintained date-wise in an era file.
j) The standing Instruction once noted in the computer system are executed
automatically on due dates at prescribed periodicity. This process is a part of “Day
Begin Activity” where vouchers are also printed by the system.
k) The authorized officer will ensure execution of the standing instructions at the
time of day begin or as instructed by the customer. Report of all standing instructions
executed must be generated and preserved alphabetically under the names of the
account holders, on daily basis.
l) The charges for standing instructions (Registration, execution, non execution
etc.), as stipulated by Resource Mobilisation Division (previously Resource Mobilisation
Division), be recovered. Even if standing instruction is not put through for want of funds,
the prescribed charges are to be recovered.
m) If the transaction involves an upcountry center, remittance charges at the
prescribed rate and the actual postage shall be recovered additionally from the account
from which the amount is transferred
n) To exercise overall control, the incumbent Incharge/ assistant manager will
examine the standing instructions at the close of each month and verify that the
standing instructions falling due during the month have been duly complied with on due
date(s). Also he will append a certificate, under his signature and date, on a separate
sheet attached at the end of the daily report in token of his having conducted the above
checking.
o) Care must be taken when an account is transferred to another office that all
relative standing instructions are passed on thereto for compliance after confirmation by
the customer.
37.1 Settlement of claim where an account holder/locker hirer of the Bank has
been reportedly missing for the last seven years or more
a) Where a person is reportedly missing for the last seven years or more, he / she is
presumed to be dead in terms of Sections 107 and 108 of Indian Evidence Act.
b) The claim in respect of deposit account / locker of a customer of the bank,
reportedly missing for the last seven years or more, can also be considered for
settlement in accordance with the guidelines as circulated by Law Division, HO.
a) Where in the case of joint account, relative account opening form provides for the
payment of balance to the survivor(s) (‘Either or Survivor’/’Former or Survivor’/’Anyone
or Survivors’) upon the death of one of the holders of a joint account, payment of the
balance in such accounts can be made, after verification of the fact of the death of the
account holder, to the survivor(s) of a deceased account holder unless at or before the
time of payment, an order of a court or other competent authority has been’
received prohibiting payment to the survivor(s). A letter of request from the
survivor(s) and death certificate produced should be kept on record.
b) Upon the death of one of the holders of a joint account, where the relative
account opening form provides for payment of balances to the survivors (either or
survivor/Former or survivor), the account will, of course, continue and payment can be
made to survivor(s). The survivor(s) should be requested to transfer the balance into a
new account in his or their own names. A fresh account opening form etc. would be
taken.
a) In the case of a joint Hindu family account, when the death of a major co-
parcener occurs, the operation in the account will be stopped and dealt with as a claim
case.
38. SETTLEMENT OF CLAIM CASES (For detailed guidelines, refer the
circulars issued from time to time by Law Division, HO)
b) In the deposit accounts, where the account holder made valid nomination,
payment of the balance in such accounts to the nominee of a deceased account holder
represents a valid discharge of the bank’s liability unless at or before the time of
payment/giving access to the locker, an order of a court or other competent authority
has been’ received prohibiting payment to the nominee. A letter of request from the
nominee - PNB – 831 and death certificate produced should be kept on record. Due
care and caution should be taken to establish the identity of the nominee and the fact of
death of the account holder. It should be made clear to the nominee that payment is
made to him only as a trustee of the legal heirs/legatee(s) of the deceased account
holder i.e. such payment given to him shall not affect the right or claim which any
person may have for that money.
a) The claimant/s be asked to submit claim form (PNB 46-47) duly filled in along
with death certificate and all supporting documents/papers. In the Manager’s Certificate
on the reverse of claim form, it should also be mentioned, after due check up, that no
nomination was made by the deceased.
i. Find out who is/are the legatee/s entitled under the ‘Will’ for the claim made.
ii. An affidavit of the attesting witnesses that the ‘Will’ was executed by the
deceased in their presence, in sound and disposable mind and with free will
without any coercion or undue influence, be obtained and be kept on record.
iii. An affidavit from the claimant/s that the ‘Will’ relied upon which is submitted in
support of his/their claim is the last ‘Will’ of the deceased and that no litigation
challenging the ‘Will’ is pending in any court, be obtained and kept on record.
c) Probates, Letters of administration, Succession Certificates, court orders
appointing Receivers, etc., submitted to the bank for registration, must be carefully
examined by the incumbent incharge and entered under his initials in the power of
attorney register (form no. PNB-45).
d) Under Section 273 of the Indian Succession Act, probates and letters of
administration have effect over all the property and estate movable and immovable, of
the deceased throughout the state, in which these are granted. These do not have
effect outside the state unless these are granted (a) by a High Court, or (b) by a District
Judge, where the deceased, at the time of his death, had a fixed place of abode
situated within the jurisdiction of the judge and the judge certifies that the value of the
property and estate affected beyond the limits of the state does not exceed Rs. 10,000/-
. The foregoing remarks do not apply to succession certificates, which have effect
throughout India (Section 380 of the Indian Succession Act, 1925).
e) Sometimes all the legal heirs are not able to join in taking payment of deposit
lying in deceased depositor’s account/ delivery of articles kept in locker of the
deceased. Such of them as cannot join, may execute Power of Attorney in favour of one
of the legal heirs on the format circulated by Law Division. The Attorney should be duly
stamped and attested by a Notary / Magistrate. Any modifications in the proforma, if
required, may be got done in consultation with local Counsel / Law Officer at Circle
Office.
Settlement of claim
38.4.4. Settlement of claim case where value of claim does not exceed Rs.5000/-
In claim cases involving an amount / value not exceeding Rs.5000/-, payment may be
made to the legal heirs of the deceased customer, after relying on the declaration made
in the claim form about the legal heirs of the eceased, duly attested by notary/Magistrate.
Payment can be made to legal heirs/claimants against execution of an agreement of
indemnity, specimen of which is given in ANNEXURE-VII.
Gold ornaments or other securities held against advances may also be released, on
adjustment / repayment of the outstanding dues in the loan account concerned, on the
above lines.
Many rural branches are situated in far flung areas. In respect of settlement of claim
cases involving small amount, the claimant may find it difficult to get the claim form
attested by Notary or Magistrate and obtaining of attestation may be expensive qua the
amount of claim.
In view of the above, in claim cases of the amount not exceeding Rs.5000/-, rural
branches located in far flung areas and far away from the city, need not insist upon
attestation of the claim form by Notary or Magistrate and the claimant be asked to
obtain and submit a Certificate from Sarpanch or other equivalent authority, as the
branch may deem proper besides verifying the fact of death and about the legal heirs of
the deceased.
38.4.5.Settlement of claim cases where value of claim does not exceed Rs. 50000/-
In claim cases involving an amount/ value not exceeding Rs. 50000/- payment may be
made to the legal heirs of the deceased customer, after relying on the declaration made
Gold ornaments or other securities held against advances may also be released, on
adjustment/ repayment of the outstanding dues in the loan account concerned, on the
above lines.
38.4.6. Settlement of claim cases, where value of the claim exceeds Rs.50000/-
In claim cases involving an amount / value exceeding Rs.50000/-, confidential enquiry
be made by the branch about the legal heirs of the deceased customer. Keeping in
view the outcome of the confidential inquiry, if there is no dispute amongst the legal
heirs and all are ready to join in
settlement of the claim, the claim may be settled and paid to the legal heirs against
Indemnity Bond with surety to the satisfaction of the Incumbent In charge /
Sanctioning Authority (Specimen of the ‘Indemnity bond with Surety’ in case of
Deposit Account and Locker are given at ANNEXUREVIII & ANNEXURE-IX
respectively). Gold ornaments or other securities held against advances may also be
released on adjustment / repayment of the outstanding dues in the loan account
concerned, on the above lines.
38.4.7. Valuation for the purpose of exercising powers for sanction of claims
Following criteria will be applicable for the purpose of valuation of the claim
a) Deposit Accounts:
Current A/c and Saving Fund A/c - Balance Outstanding.
Fixed Deposit A/c - Deposit Amount (i.e. excluding Interest.
i) Currencies, gold & silver (what ever form it may be) should only be valued
– As per value on the date of claim.
ii) In case the locker does not contain items like currency, gold and silver, but
only contains other contents like documents, deposit receipts, Govt. Securities
etc., then sanction should be obtained from CH for its release to the claimant.
These documents need not be specifically valued but the inventory should give
their details and receipt should be obtained for such contents of the locker.
iv) Any authority given in favour of an agent / authorized person comes to end
with the death of the principal. The 'Authorized Person', if any, appointed by the
locker hirer during his lifetime, must not be allowed to operate the locker, after the
death of the locker hirer.
vi) Value of the contents of locker should be ascertained for the purpose of
determining the competent authority to sanction settlement of the claim. For this
purpose, proper inventory of the contents of locker be prepared (in duplicate) in
presence of and attested by two independent witnesses, the claimants and the
Incumbent In-charge of the branch / custodian of the locker at the branch. The
contents should again be put back in the locker along with duplicate copy of the
inventory. Thereafter, the claim should be got sanctioned from the competent
authority, depending on the value of the contents of the locker. After sanction of
the claim by the competent authority the contents of the locker may be delivered /
released to the claimants against proper receipt after completing all the
formalities.
(Procedure for settlement of claim in respect of locker will be applicable for safe
custody of articles also).
c) However, if sanction of claim case falls under powers of Circle Head, depending
upon the valuation of contents of locker, they alone will sanction the release of the
contents / documents. The documents need not be specifically valued but the inventory
should give their details and receipt should be obtained for all the contents of the locker.
a) Pipeline flows in the name of the deceased deposit account holder, if received,
be returned to the remitter with the remark ‘Account holder deceased’, under intimation
to the survivor(s) /nominee accordingly.
Incumbents are advised to refer to the guidelines issued from time to time in this regard
by Law Division, HO.
a) Generally bank receives attachment orders from Civil Courts and/or Income Tax
Authorities. Under Section 226(3), I.T. Act, Income Tax Officer can attach any debts due
which may be payable at the time of attachment order or afterwards and also any
amount subsequently received. In view of this specific provision the attachment
order issued by the Income Tax Officer applies to the credit balances due or
becoming due and proceeds of instruments in collection when received.
d) The order received should be in writing and specific. If oral order is received, the
order issuing authority should be informed that only written order received in terms of
any provision of Law will be acted upon.
e) Genuineness of order received be verified. (For verification of the
genuineness of the Court Orders, Branches may follow the same procedure as is
prescribed under Para 38.4.1 above, reproduced hereunder;
“When Succession Certificate / Letters of Administration / Probate are produced
as proof of Title, the genuineness of the document be checked up. If need be,
Court records be inspected personally or through a Counsel. If it is done
personally, a report to that effect be kept on record. If done by counsel, a report
be obtained and kept on record. If the order produced is not genuine, necessary
FIR be filed. Where claim is settled on the basis of Succession Certificate /
Letters of Administration / Probate, indemnity/surety need not be called for. A
letter of request and certified copy issued by the court of the Succession
Certificate/Letters of Administration/Probate be kept on record.”
f) All such instructions received by the branches from DRI / IT / Customs / Excise /
Court or any other competent authority should be recorded in the relevant account in
the system. A record of all such orders received and action taken should be maintained
in a register (as per proforma hereunder). The original order should be kept in a
separate file.
k) If the attachment order specifies the amount to be attached, the balance, over
and above the amount to be attached, can be allowed to be withdrawn by the account
holder. However, where the amount to be attached is not specified and the order refers
generally to debts due from the bank to the customer, the bank is prohibited from paying
away any credit outstanding balance in the customer’s account.
40.1 The legal position of powers of the civil courts and Income Tax Authorities
with regard to issuing of attachment orders are as under:
i. In case of attachment orders issued by Civil Court, there is no obligation to pay
the cheques of the depositor up to the amount of the order. The attachment
order applies to all credit balances lying in SB/CA and FDRs which are due for
payment in future. Even if the customer has made request for withdrawal of
the amount but the same has not actually been paid to him, the order will
apply to the amount held with the bank.
ii. The attachment order issued by Civil Courts as per legal position is not
applicable to future credits coming in the account of the customer. Therefore, in
case of attachment order, future credits can be continued in the account.
However, sometimes Courts are also not appreciating this difference in their
power of attachments. As such, every attachment order and its scope should be
examined to act within the framework of the order issued. It is for the customer
to agitate legal position before the Court/Authority for its cancellation,
modification etc.
iii. In case credit is afforded on the basis of instrument sent in clearing for
collection but instrument is received back as dishonoured, the attachment
order will not apply to such amount.
iv. If the instrument is received in clearing and though has been debited to the
account but not yet communicated to the presenter, the attachment order shall
apply to such an amount as the bank has not parted with the funds.
(If amount so collected is credited to the account, the amount will also stand frozen.
However, if amount is kept in sundry, our customer will be at liberty to get this amount
transferred / credited to any other account, if in the meanwhile no direction is received.)
Case 2 – A customer tenders cheque for collection in local clearing. His account
is not frozen at this point of time. The instrument is lodged in outward clearing.
Before the cheque is released to shadow balance, the branch freezes the
customer account.
a) Under the Bankers' Books Evidence Act, the bank is not compelled, unless by
special order of the court, to produce its books as evidence in any legal proceedings, to
which it is not a party. It is ordinarily sufficient for the bank to furnish relative extracts
from its books, duly certified by the incumbent incharge in the following form:-
“Certified that the above is a true copy of entry/entries in the ............ which is/are
one of the ordinary books of the bank, that such entry was/entries were made in
usual and ordinary course of business and that such book(s) is/are still in the
custody of the bank.”
c) The Information Technology Act, 2000 has come into force with effect from
17.10.2000. The IT Act has also made amendments to the Bankers' Book Evidence Act,
1891.
f) A further certificate from the person in-charge of the computer system to the
effect that to the best of his knowledge and belief, such computer system operated
properly at the material time, he was provided with all the relevant data and the printout
in question represents correctly, or is appropriately derived from, the relevant data."
"Certified that the above a/c is a printout/a copy of the printout of entries of
one of the ordinary books of the bank.”
a) Income tax officers have no powers to inspect all books of the branch. They can,
however, inspect the record of a particular assessee over whom the income tax officer
has jurisdiction, under section 133-A of the Income Tax Act, 1961.
43. OPERATION OF BANK ACCOUNTS BY OLD/ SICK/ INCAPACITATED
CUSTOMERS:
43.1 The cases of sick/old incapacitated account holders fall into following categories:
(a) An account holder who is too ill to sign a cheque and cannot be physically
present in the bank to withdraw money from his bank account but can put his/ her
thumb impression on the cheque/withdrawal form and
(b) An account holder who is not only unable to be physically present in the bank but
is also not even able to put his/her thumb impression on the cheque/ withdrawal form
due to certain physical defect/ incapacity.
43.2 With a view to enabling the old/sick account holders to operate their bank
accounts, it is advised to follow the procedure enumerated below:-
(i) Wherever thumb or toe impression of the sick/old incapacitated account holder is
obtained, it should be identified by two witnesses having business relationship with the
bank, one of whom should be a bank official.
(ii) Where the customer cannot even put his/her thumb impression and also would
not be able to be physically present in the bank, a mark can be obtained on the
cheque/withdrawal form, which should be identified by two witnesses having business
relationship with the bank, one of whom should be a bank official.
("In terms of the General Clauses Act, the term "Sign" with its grammatical variations
and cognate expressions, shall with reference to a person who is unable to write his
name, include "mark" with its grammatical variations and cognate expressions. There
must be physical contact between the person who is to sign and the signature or the
mark put on the document. Therefore, in the case of the person who has lost both
his hands, the signature can be by means of a mark. It could be the toe impression.
It can be by means of mark which anybody can put on behalf of the person who has to
sign, the mark being put by an instrument which has had a physical contact with the
person who has to sign.")
DRAFT LETTER
The Manager,
Punjab National Bank
BO: --------------
Dear Sir,
Reg. Operation in the A/c. No. ------------ In the name of Shri / Smt. ------------
It is confirmed that Shri/ Smt/Ms.---------------- customer / account holder has indicated
/authorized /Shri /Smt /Ms ------------ in our presence, for receiving money from the bank
on the basis of the mark / impression made / put by him / her on the cheques
/withdrawal slip. The signature of Shri Smt/Ms.----------- is attested here below.
(SIGNATURE OF WITNESSES)
SIGNATURE OF IDENTIFIED /
AUTHORISED PERSON
-------------------------------------
(iv) The person concerned has to make some mark somehow in the cheque/withdrawal
slip for allowing operation in the account. On the very backside of the instrument on
which the person is giving the instruction by a mark, the independent witnesses can
confirm that the said mark was put up by the person concerned himself in their
presence.
The bank official may visit the house/hospital, if necessary to identify the customer and
genuineness of the case.
A letter as suggested above can be taken at the time of making the payment to the
authorised person.
43.3 In this connection some queries may arise for which the clarification is given below
for the guidance of the branches:
Query No.1
Query No. 2
Whether, bank would get a valid discharge as against the account holder if payment is
made to some other person on account of the old/sick/incapacitated account holder.
Clarification
If the mark on the cheque/withdrawal slip in question is taken as stated herein above,
bank would get a valid discharge as against the payments in question. In as much as
his marking is his signature.
Query No. 3
Whether official will visit the customer at his house / hospitable?
Clarification
The bank official may visit the house/hospitable, if necessary to identify the customer
and genuineness of the case.
Query No. 4
Obtention of photograph of the authorized person, to whom payment is made on
account of the account holder concerned, should be prescribed.
Clarification
There is no necessity of getting the photographs of the authorized person to whom the
payment is made in a particular account. Instead of the photograph a letter as
suggested above can be taken at the time of making the payment to the authorized
person.
Clarification
When a facility is given to an account holder, bank cannot make a distinction between a
resident or non-resident of account holders.
a) Considering the fact that persons, who are Mentally ill And persons suffering from
disabilities like Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, do
need banking services to manage the funds created by the parents, concessions given by
the Authorities, etc., branches may allow opening an account / operations in the accounts
of the persons, who are Mentally ill And the persons, suffering from Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities, to the Guardian / Manager appointed
under any of the following two Acts:
(i) Mental Health Act, 1987. The Act deals with persons who are mentally ill
(persons in need of treatment by reason of any mental disorder other
than mental retardation). Under the Act, where the Mentally ill person is
incapable of taking care of himself, the Distt. Court or where a direction has
been issued under the Act, the Collector of the Distt may appoint any any
suitable person to be his guardian.
44.1.(i)The Mental Health Act, 1987provides for a law relating to the treatment
and care of mentally ill persons and to make better provision with respect to their
property and affairs. According to the said Act, "mentally ill person" means a person
who is in need of treatment by reason of any mental disorder other than mental
retardation. Sections 53 and 54 of this Act provide for the appointment of guardians
for mentally ill persons and in certain cases, managers in respect of their
property. Theprescribed appointing authorities are the district courts and collectors
of districts under the Mental Health Act,1987.
(II) The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act, 1999 provides for a law relating to certain
specified disabilities. Clause (j) of Section 2 of that Act defines a "person with disability"
to mean a person suffering from any of the conditions relating to autismcerebral
palsy, mental retardation or a combination of any two or more of such conditions and
includes a person suffering from severe multiple disabilities. This Act empowers a
(iii) Branches are advised to take note of the legal position stated above and may rely
on and be guided by the orders / certificates issued by the competent authority, under
the respective Acts, appointing guardians / managers for the purposes of opening /
operating bank accounts. In case of doubt care may be taken to obtain proper doubt,
care may be taken to obtain proper legal advice from the Law Division, HO legal
advice from the Law Division, HO
The guidelines will be applicable to mentally handicapped persons, whether the person
is minor or major.
b) Where guardian of a minor or major person, (suffering from Mental illness And
persons, suffering from disabilities like Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities or any existing account holder subsequently acquiring these
disabilities), duly appointed by the competent authority /court under Mental Health Act,
1987 or under The National Trust for Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Mental Disability Act, 1999 approaches the branch for
opening/continuing to operate the account of such person, such accounts
(savings/term deposits and recurring deposit accounts only) may be
opened/allowed to be operated by the guardian appointed under the aforesaid Acts.
The operational guidelines in such cases will be same as are applicable for accounts
opened in the name of minor under guardianship.
c) The guardianship will continue (even after attaining the age of 18 years, in case of
minor) as long as the disability continues.
d) The guardian, appointed under any of the above Acts, will be asked to furnish once
in a year, a certificate from the appointing Authority that he/she continues to be
guardian of such person/s and has not been removed from the guardianship.
Guardian so appointed will be asked to give affidavit (Format given below) to the
Bank that in case his appointment as guardian has been cancelled / elapsed /
withdrawn by the Competent Authority, he will immediately bring this fact to the notice
of Bank and also shall indemnify the Bank in case of any loss to the Ward on account
of his not bringing this fact to the notice of Bank.
e) No current account will be opened in the name or on behalf of such persons and in
no case such person will be allowed an overdraft.
h) On the death of the ward, the matter will be dealt as a claim case.
i) Locker facility will not be allowed to the guardian appointed under the above Acts.
j) List of 499 Districts, where Local Level Committees have been constituted under
National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation
and Multiple Disabilities Act, 1999 is placed below. The list is also available
http://rbi.org.in
DRAFT AFFIDAVIT
2. That in terms of the orders passed by the competent authority/ court as above, I
am authorized to open and operate/continue to the account with PNB, BO ________ in
the name of Mr./Ms.___________ bearing number __________ till __________ or the
disability continues.
5. That I undertake to indemnify to the bank to the extent of loss suffered by Mr./Ms.
_______ and claimed from PNB due to my not informing of
cancelling/withdrawing/elapsing of guardianship by the competent authority/court.
DEPONENT
DEPONENT
Place: _________
Date: __________
a) It has been observed that problems are being faced by married woman in
providing of identification / address proof documents while opening of new account or
for changing the pre-marital name and address in an existing account.
b) With a view to mitigate the hardships being faced by married woman and also to
provide guidelines to be followed by all the branches uniformly, list of various
documents that can be relied upon in dealing with the requests from newly married
woman for opening new account or modification in the existing account is provided
hereunder. However, Incumbents are advised that basic ‘KYC’ / ‘AML’ guidelines, that
the identification of the applicant is ensured beyond doubt, as contained in circular no.
65/05 dated 30.12.2005, should not be compromised.
A. Change in Address:
B. Change in Name:
-------------------x--------------------x---------------------------x------------------x-------------
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