Policy ON Collection OF Cheques / Instruments
Policy ON Collection OF Cheques / Instruments
POLICY
ON
COLLECTION
OF
CHEQUES / INSTRUMENTS
परिचालन व सेवाएँ ववभाग, प्रधान कार्ाालर्, बड़ौदा, Operations & Services Department, Head Office, Baroda
आठव ीं मींजिल, सूरि प्लाज़ा-1 ,सयाि गींि, बड़ौदा -390 005, 8th Floor, Suraj Plaza-1, Sayajigunj, Baroda-390 005
फोन /Phone: 0265- 2307801 ई-मेल/E-mail: operations.ho@bankofbaroda.com
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Policy on Collection of Cheques / Instruments
1. Preamble
2. Purpose / Objective
The main objective of the policy is to provide framework for collection of cheque
and other instruments for Bank’s customers taking into account our
technological capabilities, systems and processes for adherence to such norms
and compensation to customer in case of delay in collection of
cheques/Instruments.
3. Scope / Coverage
This policy document covers the following aspects:
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Procedure for collection of cheques payable locally and outstation
including CTS clearing which covers details as under. (Annexure-1)
1. Local cheques at MICR/NON-MICR centres
1.1 Local cheques through CTS clearing
2. Outstation Cheques
2.1 Drawn on our Bank’s own branches
2.2 Outstation cheques drawn on other bank’s network
2.3 Through speed clearing
3. Immediate Credit of Local / Outstation Cheques / Instruments
3.1 Interest on cheques returned unpaid under Immediate Credit
4. Purchase of Local / Outstation Cheques
5. Time frame for collection of local / outstation cheques / instruments
6. Payment of interest for delayed collection
6.1 Local Cheques
6.2 Outstation Cheques sent for collection within India
7. Service Charges
8. Cheque return on account of technical reason along with list of reasons.
9. Collection of third party cheque
10. Collection of cheques in the name of Deceased person
11. Validity of Cheques / Drafts / Banker’s cheques etc,
12. Cheques / Instruments lost in transit / in clearing process or at paying
branch.
Procedure for collection of cheques payable in Foreign countries
(Annexure-2)
1. Cheques payable in Foreign Countries
2. Immediate Credit of Foreign Currency Cheques
3. Service Charges
4. Payment of interest for delayed collection
4. Force Majeure
The bank shall not be liable to compensate customers for delayed credit if some
unforeseen event (including but not limited to civil commotion, sabotage,
lockout, strike or other labour disturbances, accident, fires, natural disasters or
other “Acts of God”, war, damage to the bank’s facilities or of its correspondent
bank(s), absence of the usual means of communication or all types of
transportation, etc.) beyond the control of the bank, prevents it from performing
its obligations within the specified service delivery parameters.
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Annexure - I
Customer can deposit cheques for collection/clearing during the business hours at
counter at branch or through Drop Box (where ever available).
All cheques and other Negotiable Instruments payable locally would be presented
through the clearing system i.e. MICR/Non-MICR prevailing at the centre.
Cheques deposited at branch counters and in cheque drop boxes before the
specified cut-off time will be presented for clearing during immediate cycle of
clearing. Cheques deposited after the cut-off time in cheque drop boxes within and
outside the branch premises including off-site ATMs will be presented in the next
clearing cycle. As a policy, bank would give credit to the customer account on the
day clearing settlement takes place. Withdrawal of amounts so credited would be
permitted as per the cheque return schedule of the clearing house at the centre.
The branches will display the cut-off time for receipt of cheques to be sent in
clearing during the next clearing cycle. The cut-off time for collection of cheque
from drop boxes installed at off-site ATM will be displayed on the face of the drop
boxes.
Local cheques drawn on our branches will be credited in the customer’s account
on the same day subject to confirming the guidelines on Inter-SOL transactions.
RBI has introduced CTS clearing at Northern Grid in New Delhi, Western Grid
in Mumbai, Southern Grid in Chennai covering major parts of the country.
For Non-CTS instruments / cheques, guidelines of RBI are there, for clearing
of Non-CTS instruments on lesser frequency.
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2. Outstation Cheques :
Bank will consider providing immediate credit for outstation cheques / instruments
up to the aggregate value of Rs.20,000/- tendered for collection by individual
account holders subject to satisfactory conduct of KYC Compliant accounts for
a period not less than 6 months. Immediate credit will be provided against
collection of instruments at the specific request of the customer or as per prior
arrangement. The facility of immediate credit would also be made available in
respect of local cheques at centres where no formal clearing house exists.
The facility of immediate credit will be offered on Savings Bank / Current / OD/
Cash Credit Accounts of the customers. For extending this facility there will not
be any separate stipulation of minimum balance requirement in the account.
Under this policy, instruments like Demand Draft / Bankers Cheque, Interest /
Dividend warrant etc., shall be treated at par with cheques.
For the purpose of this Policy, a satisfactorily conducted account shall be the
one
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c) Where no cheques / instruments for which immediate credit was afforded
returned unpaid for financial reasons
d) Where the bank has not experienced any difficulty in recovery of any amount
advanced in the past including cheques returned after giving immediate credit.
e) The account is complied with KYC AML Policy of the Bank on the date of credit
provided
The Bank shall levy normal collection charges and out of pocket expenses while
providing immediate credit against outstation instruments tendered for collection.
Exchange charges applicable for cheque purchase will not, however be charged.
The facility of immediate credit would not be applicable to cheques collected under
Speed clearing arrangements.
The Branches will display the scheme of immediate credit of outstation cheques
on their notice board for knowledge of the customers. This will also be displayed
on Bank’s web-site.
However, wherever product specific limits are specified for immediate credit of
outstation cheques are provided, the same will be extended to the customers or
Rs.20000/- whichever is higher.
If a cheque sent for collection for which immediate credit was provided by the
bank is returned unpaid, the value of the cheque will be immediately debited to
the account. The customer will not be charged any interest from the date
immediate credit was given to the date of return of the instrument unless the
bank had remained out of funds on account of withdrawal of funds. Interest
wherever applicable would be charged on the notional overdrawn balances in
the account had credit not been given initially.
If the proceeds of the cheque were credited to the Savings Bank Account and
were not withdrawn, the amount so credited will not qualify for payment of
interest when the cheque is returned unpaid. If proceeds were credited to an
overdraft/loan account, interest shall be recovered at the rate of 2% above the
interest rate applicable to the overdraft/loan from the date of credit to the date
of reversal of the entry if the cheque/ instrument were returned unpaid to the
extent the bank was out of funds.
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4.1 Immediate credit of Banker’s Cheque, Drafts etc. during suspension of
clearing
In case of temporary suspension of Clearing House operations for reasons
beyond the control of authorities /bank, and it is apprehended that
suspension may prolong, in order to entail hardship of the constituents, bank
may try to accommodate both borrowers and depositors to the extent
possible by purchasing Banker’s cheques, demand draft etc and cheques
deposited in their account drawn by Government Departments and Demand
Draft drawn on local banks. This facility Will be extended on the basis of
creditworthiness, integrity, past dealings and occupation of the constituents
to safe guard the interest of the bank against possibility of such instruments
being dishonoured subsequently.
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branches or on other banks for the purpose of payment of interest on
delayed collection.
Interest for delayed collection shall be paid at the following rates:
a. Savings Bank rate for the period of delay beyond 7/10 days (upto 14
days) as the case may be in collection of outstation cheques payable
at major metro centers and state capitals.
b. Where the delay is beyond 14 days but up to 90 days interest will be
paid at the rate applicable to term deposit for the respective period for
collection of outstation cheques payable at all centres.
c. In case of extraordinary delay, i.e. delays exceeding 90 days interest
will be paid at the rate of 2% above the corresponding Term Deposit
ratefor collection of cheques payable at all centres.
d. In the event the proceeds of cheque under collection are to be credited
to an overdraft/loan account of the customer, interest will be paid at the
rate applicable to the loan account. For extraordinary delays, interest
will be paid at the rate of 2% above the rate applicable to the loan
account.
It may be noted that interest payment as given above would be applicable
only for instruments sent for collection within India.
7. Service Charges:
For all collection services the bank will recover appropriate service charges as
decided by the bank from time to time and communicated to customer by
displaying the same on Bank’s website.
8. Cheque return on account of technical reason along with list of reasons and
Representation of returned cheque
Cheques returned on account of technical reason will be represented (wherever
required and possible) in the immediate next presentation clearing not later than
24 hours (excluding holidays).
Cheque return charges shall be levied only in cases where the customer is at fault
and is responsible for such returns. List of reason for returns where the customers
are not at fault are indicated in Annexure –I.a.
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9. Collection of third party cheque:
Bank will not collect account payee cheques for any person other than the payee
constituent. However, under following circumstances bank will collect account
payee cheques for third parties.
a. Where the drawer / payee instructs the bank to credit the proceeds of
collection to any account other than that of the payee, the instruction being
contrary to the intended inherent character of the 'account payee' cheque,
bank will ask the drawer / payee to have the cheque or the account payee
mandate thereon withdrawn by the drawer. This instruction would also apply
with respect to the cheque drawn by a bank payable to another bank.
For collection of cheque in the name of deceased person, bank will obtain
authorization from the Survivor(s)/nominee of a deceased account holder to open
an account styled as “Estate of Shri___________ Deceased”. Where all pipeline
flows in the name of deceased account holder could be allowed to be credited,
provided no withdrawals are made.
Or
The Bank would be authorized by the survivor(s) / nominee to return the pipeline
flows to the remitter with the remark “Account holder deceased” and will intimate
the survivor(s) / nominee accordingly. The survivor(s) / nominee / legal heir(s)
could then approach the remitter to effect payment through a negotiable
instrument or through ECS transfer in the name of the appropriate beneficiary.
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11. Validity of Cheques / Drafts / Pay orders / Banker’s Cheques :
With effect from April 1, 2012, the validity of Cheques / Drafts / Banker’s Cheques
is three months only from the date of issue. The validity period is mentioned on
the face of Cheque leaves, Drafts / Banker’s Cheques printed after 01.04.2012.
Instruments should be presented within the validity period of three months from
the date of issue.
The onus of such loss lies with the collecting banker and not the account holder.
If the cheque / instrument have been lost at the paying bank's branch, the
collecting banker will have a right to recover the amount reimbursed to the
customer for the loss of the cheque / instrument from the paying banker.
In line with the compensation policy of the bank the bank will compensate the
accountholder in respect of instruments lost in transit in the following way:
b. In addition, bank will pay interest on the amount of the cheque for a further
period of 15 days at Savings Bank rate to provide for likely further delay in
obtaining duplicate cheque/instrument and collection thereof.
c. The bank would also compensate the customer for any reasonable charges
he/she incurs in getting duplicate cheque/instrument upon production of
receipt, in the event the instrument is to be obtained from a bank/ institution
who would charge a fee for issue of duplicate instrument. The charges
incurred for making stop payment of the lost cheque by the customer with the
Paying Bank will be compensated by the Bank.
d. In the cases where cheque is lost after it has been discounted, Bank will not
recover the interest for a period of 15 days when it comes to know about the
loss of the instrument. This will give ample time to the borrower to obtain
duplicate instrument from the drawer. In case borrowers fail to liquidate the
account after lapse of 15 days, the interest at contractual rate will be recovered
from them till the amount advanced is fully paid.
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Annexure: I.a
Illustrative but not exhaustive list of objections / reasons where customers are
not at fault.
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Annexure - II
Cheques payable at foreign centers where the bank has branch operations (or
banking operations through subsidiary, etc) will be collected through that office.
The services of correspondent banks will be utilized in country / centers where
the correspondent has presence. Cheques drawn on foreign banks at centers
where the bank or its correspondents do not have direct presence will be sent
direct to drawee bank with instructions to credit proceeds to the respective
Nostro Account of the bank maintained with one of the correspondent banks.
The maximum period for affording credit will be 25 working days or 1 calendar
month whichever is higher (subject to holidays in those countries).
For cheques drawn in currencies like EUR/GBP tendered for collection at our
branches, cheques drawn in Euro is sent for collection to our Brussels branch
and those drawn in GBP to our London main branch. Major transactions in
these currencies are done through wire transfers.
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As such no separate Correspondent Banking arrangement for collection of Euro
/GBP denominated cheques is envisaged.
The Bank will endeavour to provide the credit to its Customers at the earliest.
Foreign currency cheques received at non authorized branches are sent to
authorized branch for collection. Authorized branch sends it to respective
correspondent bank on the same day through Bank’s approved reliable courier
service. The time norms for collection and return of the instruments varies from
country to country and place to place within the country where a ‘cooling period’
is prescribed, which are as under:-
The effect of credit in customer’s account will be given from the date of credit
in Nostro account. In exceptional cases, where there is delay in giving credit,
interest is paid at the applicable rate for the delayed period.
The Bank may consider providing upfront credit by purchasing the customer’s
personal cheques/ instruments, demand drafts, international money orders,
bankers pay orders payable abroad. If the conduct of the account has been
satisfactory in the past, for a charge at its sole discretion i.e. applicable buying
rate plus interest for a transit period of 15 days at domestic commercial rate of
interest (Base Rate+3%). Alternatively, the customer may utilize the Final
Credit Service, provided by certain correspondents of our Bank on payment of
a fee, which gives return free credit subject to certain conditions.
3. Service Charges:
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4. Payment of Interest for delayed Collection of Cheques sent for collection
to foreign countries.
The Bank will pay interest to its customers on account of collection of outstation
instruments sent for collection to foreign countries where the credit has not
been given.
Banks would pay interest on amount of cheque from the date of sighting credit
in their nostro account till such time the customer account is credited. Interest
would be paid at the Savings Bank rate calculated on the amount of proceeds
credited to the customer’s account.
Additional Interest:
2% over the applicable Saving Bank rate of interest for the period of delay
****
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Annexure - II. a
DRAFT OF INDEMNITY
Place:
Date:
To
_____________________________
Bank of Baroda
_______________________ Branch
Dear Sir,
Yours faithfully,
(Name/s of Customer/s)
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