Cheque Collection Process
STATE BANK OF TRAVANCORE
CHEQUE COLLECTION POLICY ‘12
1. PREAMBLE
1. Bank's Cheque Collection Policy (CCP) is reviewed annually, as per the guidelines issued by Reserve Bank of India (RBI)/IBA/BCSBI from time to time. The Policy duly approved by Bank’s Board of Directors shall be read as Bank’s Cheque Collection Policy -2012-’13. 2. Bank’s Cheque Collection Policy document has been formulated as a comprehensive document with transparency covering following aspects, taking into account our technological capabilities, systems and processes adopted for clearing arrangements and other internal arrangements for collection through different methods. The procedure for collection of domestic cheques/instruments and international instruments have been placed in Annexure-I & III respectively, which, inter alia, incorporate the following:
a) Detailed procedure for collection of cheques (local and Outstation). b) Collection of cheques between two banks and between CBS and non-CBS branches of other banks. c) Reduced time frame for collection of outstation/local cheques drawn on branches of the Bank d) Penalty for delayed collection in a progressive manner e) Amounts of cheques up to which immediate credit is to be provided. f) Revised business processes keeping in view the BPR initiatives taken and technological progress made by the Bank viz:
i) Core Banking Solutions (CBS) ii) Centralised Clearing Processing Centre (CCPC) iii) Multicity Cheques (MCC) iv) MICR Clearing Centres (MICR CC) v) Speed Clearing System (SCS) vi) Cheque Truncation System (CTS) (Brief description of the processes/developments, in respect of the above is given in Annexure-I)
3. The Cheque Collection Policy covers following guidelines issued by the regulators for smooth conduct of clearing cycle. i. The Service charges for savings bank customer for collection of outstation cheques up to Rs.1.00 lac has been mandated by the RBI w.e.f.1st April, 2011, whereas Banks have been given freedom to fix charges for current account customers and also for collection of outstation cheques beyond Rs.1.00 lac. Accordingly, State Bank of Travancore have rationalized the service charges for collection of outstation cheques, which is system enabled for realization of the same.
ii. The Service charges for Speed Clearing System has also been revised which is applicable for collection of outstation cheques in the local clearing treating the instruments as locally drawn.
iii. The above charges are applicable only to the transactions originated and payable in India.
iv. To reduce the clearing cycle and to promote electronic mode of payment, drawee banks are using RTGS/NEFT/ECS for remittance of funds.
v. In the case of collection of outstation cheques at centers, where the Speed Clearing System is not applicable, the collecting and paying banker has to share 50:50 charges for collection of outstation cheques.
vi. The SC/DDP automation has been implemented for collection of outstation cheques of other banks where the speed clearing system is not available in the clearing process.
vii. To improve upon the reconciliation process and as a deterrent against perpetration of fraud, Bank has introduced a single design security form, known as “Inter Office Instrument (IOI)”, covering all the three modes of remittance, viz; Draft, Bankers’ Cheque, Pay-order. This is payable across all CBS branches of SBT, thus obviating the risk of the fraudulent payment of such instruments
1.4 REVISED GUIDELINES
The Reserve Bank of India (RBI) have issued following guidelines subsequent to the issuance of our Bank’s Cheque Collection Policy-2010 for collection of Outstation cheques which have been incorporated in the revised Policy documents.
i. Standardisation and Enhancement of Security Features in Cheque Forms: CTS-2010: RBI has prescribed certain benchmark towards achieving standardization of cheques issued by the banks across the country, which includes provision of mandatory minimum security features on cheque forms like quality of paper, watermark, bank’s logo in invisible ink, void pantograph, etc. and standardization of field placements on cheques. These minimum security features would not only ensure uniformity across all cheque forms issued by the banks in the country but also help presenting banks while scrutinizing /recognizing cheques of drawee banks in an image-based processing scenario. The homogeneity in security features is expected to act as a deterrent against cheque frauds, while standardization of field placements on cheque forms would enable straight-through-processing by use of optical/image character recognition technology. The benchmark prescriptions shall be known as “CTS-2010 standard”. State Bank of Travancore has also adopted CTS- 2010 standard in all cheques and IOI as per specification prescribed by the RBI
ii. Roll–out of CTS-2010 standard at Chennai :- Image based cheque processing i.e., CTS-Delhi has been implemented since July,2009, and Cheque Truncation System of cheque clearing at Chennai for which the new enhanced security feature for the cheques have been introduced known as CTS-2010 standard has been rolled out from 24th January,2012. The CTS-2010 Chennai has been made fully operational from 1st April, 2012 and it is to be implemented across the country from September, 2012
iii. Enhancing the scope of Speed Clearing System: - Speed Clearing System was initially enabled to include cheques issued by account holders with transaction codes 10 (savings bank), 11 (current account) and 13 (cash credit). Keeping in view the benefits to customers as also the infrastructural and processing preparedness of banks, RBI decided to extend the scope of Speed Clearing to cover all transaction codes, other than those relating to government cheques w.e.f. 1st February, 2011
iv. Extention of Speed Clearing System at Non-MICR centre: - Speed Clearing System was available in 66 MICR centres only. Since the system has got acceptability and popularity among the customers and banks for the benefit accruing from it, RBI decided to extend the coverage to Non-MICR centres in phased manner since January, 2011, by the respective Regional Offices of RBI. As on 31st May 2012, there are 1225 centres in which Speed Clearing has been enabled. The list is available in RBI website at the following link: http://rbidocs.rbi.org.in/rdocs/content/Docs/10002_LSCC.xls.
v. Prohibiting Alterations/Corrections on cheques: - Consequent upon adoption of Standardization and Enhancement of Security Features in Cheque forms (CTS-2010), RBI directed that no changes/corrections should be carried out on the cheques. For any changes in the payee’s name, courtesy amount (amount in figures) or legal amount (amount in words) etc, excepting change in the date for validation period, fresh cheque forms should be used by customers. This will help bank to identify and control fraudulent alterations. It is applicable for the instruments presented in clearing at CTS-Delhi w.e.f from 1st January, 2011 and at CTS-Chennai from the roll out date. Collecting Banks have to ensure that such cheques are not accepted for presentation in CTS. It is not applicable to cheques cleared under other clearing arrangements such as MICR clearing, non-MICR clearing, over the counter collection (for cash payment) or direct collection of cheques outside the Clearing House Arrangement.
vi. Dishonour /Return of cheques- Need to mention the ‘Date of Return’ & sign/initial the Cheque return Memo.:- As per RBI’s guideline, in case of Dishonour /Return of cheque, there is need to mention the ‘Date of Return’ in the Cheque Return Memo and the objection slip is to be signed/initialed giving therein a definite and valid reason for refusing payment as prescribed in Rule 6 of the Uniform Regulations and Rules for Bankers’ Clearing Houses (URRBCH). This will enable the holder of the instrument to have legal recourse against the drawer of the cheque
vii. Reduction of validity of cheque /draft /pay order/Banker’s cheque from 6 months to 3 months:- This is usual practice in the bank to make payment of only such cheques/drafts which are presented for payment within a period of six months from the date of issuance. In order to stop the misuse of circulation of cheques/drafts/pay orders in the market like cash for six month, RBI has decided in public interest and in the interest of banking policy to reduce the period of validity from six months to three month within which the cheques/drafts/pay orders etc are paid from the date of such instruments. This came into effect from 1st April, 2012. Banks are not required to make payment of cheques/drafts/pay orders/Bankers’ cheque bearing that date or any subsequent date, if they are presented beyond the period of three months from the date of such instruments.
viii. Collection of Third Party Cheques in clearing:-RBI has prohibited Banks from crediting ‘account payee’ cheques to the account of any person other than the payee named therein. However, with a view to mitigate the difficulties faced by the members of co-operative credit societies in collection of account payee cheques, RBI permitted banks to collect account payee cheques drawn for an amount not exceeding Rs.50,000/- to the account of their customers who are constituents of co-operative credit societies.
1.5 The payment of compensation to the customers on account of delay in collection of outstation cheques is to be paid without any request from him.
1.6 The realisation of service charges has been made system enabled for automatic recovery of service charges
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2. ARRANGEMENTS FOR COLLECTION OF CHEQUES
2.1 Local Cheques:
All cheques, and other Negotiable Instruments, payable locally in clearing, would be presented through the clearing system prevailing at the centre.
1. Cheques deposited at branch counters and in Drop-boxes, within the branch premises, before the specified cut-off time will be presented for clearing on the same day.
2. The broad time–limit for receipt of cheques (say up to 3 hours after opening of branch, 1 hour before closure of business etc.), which can be fine tuned for individual locations/branches, based on local practices, will be fixed by the Controllers of the respective branches.
3. All the drop-boxes shall indicate clearly the time up to which cheques dropped in the drop boxes would be sent for clearing on the same day.
4. Cheques deposited after the cut-off time and in drop-boxes outside the branch premises including off-site ATM will be presented in the next clearing cycle.
5. As a policy, bank would give credit to the customer account on the same day clearing settlement takes place. Withdrawal of amounts so credited would be permitted as per the cheque return schedule of the clearing house.
2. Bank branches situated at centres where no clearing house exists, would present local cheques on drawee banks across the counter and proceeds would be credited, at the earliest, on realization.
3. The time line for collection/clearing of local cheques will be extended by extra day in case of branches having non-Sunday weekly off and for 7 days branches.
4. OUTSTATION CHEQUES PAYABLE IN INDIA
1. Cheques drawn on other banks at outstation centres in India will normally be collected through our own branches at those centres. Where the Bank does not have a branch of its own, the instrument would be directly sent for collection to the drawee bank or collected through a correspondent bank. The Bank would also use the National Clearing Services/Speed Clearing System/ MICR– Clearing System offered by Reserve Bank of India at centres where such services exist.
2.4.2 Speed Clearing System: - Outstation cheques drawn on banks participating in speed clearing at specified locations will be colleted and treated at par with local cheques. All terms and conditions applicable for local clearing instruments will also apply to speed clearing system excepting the fact that such cheques will be collected by the collecting bank against realization of service charges specified for the purpose by the RBI.
5. Extension of the benefit of Speed Clearing System to Rural and Semi-Urban (RUSU) Branches:
The Speed Clearing System allows each Bank to notify a branch at the Speed Clearing Centre for payment of outstation cheques of its other CBS branches in the country. As on 31st May 2012, Speed Clearing is available in 1225 centres through out the country. With a view to providing RUSU branches the benefit of participating in SCS, branches may send instruments to the nearest Speed Clearing Centre for clearance after ensuring that the drawee branch has presence in that centre. The Speed Clearing Centre Branches (Service Branch / CCPC/MICR Centre/Main Branch) will ensure quick realization of proceeds of outstation collection and credit to the respective account at RUSU branch through CBS. This will remove the anomaly of most of the RUSU branches not being able to enjoy the benefit of SCS. 6. Timeframe for collection of cheques
Cheques drawn on branches of other banks located at State Capitals/Major “A” class Cities/other locations will be collected within 7/10/14 days respectively. If there is any delay in collection beyond this period, interest at the rate specified hitherto in the CCP shall be paid without insisting/waiting for a request from the customer. Time-limit for collection specified by the Bank shall be treated as the outer limit and credit shall be afforded immediately, if the proceeds get collected earlier. Also, branches of the Bank shall not decline to accept outstation cheques deposited by its customers for collection.
3. ARRANGEMENTS FOR COLLECTION OF CHEQUES INSTRUMENTS DRAWN ON SBI BRANCH NETWORK SC/DDP AUTOMATION :
The cheques /instruments received at the branches for realization across the counter or through the Drop box facility will be lodged as per process flow for SC/DDP automation for all branches at CCPC and non-CCPC centre.
3.1 INSTRUMENTS DRAWN ON LOCAL AND OUTSTATION BRANCHES:
Cheques drawn on Bank’s own branches, at local or at outstation centres, irrespective of amount and market/business segment, excepting Govt. Cheques, Banker's Cheques, RBI cheques, received across the counter or through Drop-Box are not required to be presented in clearing or purchased as DD/ sent out on collection as SC but these instruments shall be disposed off at their end only. The instruments will be paid by the receiving branches at their end after verifying the genuineness of the instruments and observing all necessary precautions for payment of instruments, as if these have been drawn on them and will afford credit directly to the payee’s account using the CBS strength and recover applicable service charges as per RBI’s instruction regarding collection of outstation cheques.
3.2 INSTRUMENTS DRAWN ON LOCAL BRANCHES OF OTHER BANKS/ASSOCIATE BANKS
1. These instruments will be presented by the receiving branches in local clearing and credit afforded to the payee’s account on realization or else arranges to send these instruments to the designated branch/service branch, which will in turn present these instruments in local clearing and afford credit directly to the payee’s account using CBS strength.
2. INSTRUMENTS DRAWN ON OUTSTATION BRANCHES OF OTHER BANKS / ASSOCIATES BANKS: At such centre, where speed clearing is operational, the cheques drawn on CBS enabled branches of other banks are not required to be sent out for collection and will be presented through Speed Clearing System in which these can be presented to the drawee banks in local clearing for payment.
3.2.3 However, to leverage the CBS functionality and infuse efficiency, all branches/offices transacting collection of instruments drawn on outstation branches of other Banks/Associates Banks at centers where we are established will sent the instruments for collection directly to our branch. The receiving branches will sent the cheque for collection and the credit the proceeds directly to the Non-home branch account. Cheques drawn on centres where our Bank does not have presence should be sent to the drawee branch directly, if it is a CBS enabled branch, with clear instructions to credit the proceeds electronically. If the drawee branch is a non-CBS branch, the instrument may be sent to Associate / SBI / other Nationalised banks in the same centre with instructions to credit the proceeds electronically. Credits thus received should be credited to customer’s account on the same day itself.
3.2.4 There is no change in the accounting procedure for DDP in respect of above cases where instruments will continue to be purchased by debit to General Ledger Account/Customer’s Liability account and sent for realization to the Drawee bank for realization thereof.
3.2.5 The revised cheque collection instructions shall be universally applicable at all centres (CCPC and non-CCPC centres).
3.2.6 The outstation cheques will be paid subject to recovery of usual service charges as per Bank’s extant instructions. No additional charges, P&T, Courier charges etc. will be recovered
3.3 Cheques drawn on any branch of the our Bank, locally or outstation, will normally be paid on the same day/next day, depending upon the local situations, barring a few exceptional circumstances for example – insufficient balance, non availability of drawing power, uncleared balance, not matching with the cheque range in the system, same cheque number already paid, difference in signature, any lien stop/hold restrictions, statutory, regulatory or otherwise, marked on the account, exceeding limit in case of loan account. In such exceptional cases, cheques will be collected using the inter-branch collection arrangements.
4. IMMEDIATE CREDIT OF OUTSTATION/LOCAL CHEQUES TO DEPOSIT ACCOUNTS OF INDIVIDUALS:
4.1 The facility of immediate credit will be provided by the branch to the satisfactorily conducted accounts (defined here-in-after in the Policy) of their customers in respect of instruments drawn on any of Bank’s branches in the CBS network.
4.2 INSTRUMENTS DRAWN ON LOCAL BRANCHES OF OTHER BANKS /ASSOCIATE BANKS: Branches will, on their own accord, afford immediate credit of outstation cheques of other banks up to and inclusive of Rs.30,000/- (Rupees thirty thousand only) tendered for collection by their customers.
4.3 For the purpose of this Policy, a satisfactorily conducted account shall be one which has been:- i) Opened at least six months earlier and is fully complying with the KYC documentation requirements.
ii) Is neither dormant nor inoperative.
iii) Where branch has not noticed any irregular dealings/ suspicious transactions in the last 6 months.
iv) Where the branch has not experienced any difficulty in recovery of any amount advanced in the past including cheques returned unpaid, after giving credit.
v) Where no adverse features attached to the account/account holders has been brought to the notice of the Bank.
vi) Where no cheques/ instruments for which immediate credit was afforded returned unpaid for financial reason.
4.4 The facility will be available to all individual deposit account holders, without making a distinction about the type of their accounts i.e. Savings Bank/Current Account etc. It will also be available at all branches/extension counters of the Bank.
4.5 Normal collection charges + 0.50% as DDP charges+ service tax are to be recovered for outstation cheques. No additional charge such as exchange, out of pocket expenses, P&T/courier charges is to be recovered in the process. In case of outstation cheques, the facility will be restricted to one or more cheques for aggregate amount not exceeding Rs. 30,000/- at a time ensuring inter-alia that the liability, on account of outstanding cheques purchased, does not exceed Rs. 30,000/- at any time, except in cases where credit facility against cheques to be purchased has been duly sanctioned by the competent authority.
4.6 The facility of immediate credit would not be applicable to cheques collected under speed clearing arrangements.
4.7 Local Cheques (Instruments of other Banks)
a) For local cheques of other banks, credit shall normally be given on the same day or at the most next day of the day of presentation in clearing. Ideally, in respect of local clearing, Bank shall permit withdrawal in the customer accounts immediately after closure of relative return clearing same day or maximum within an hour of commencement of business on the next working day, subject to usual safeguards.
b) Negotiation of local cheques/instruments will not be encouraged. However, Branch Managers may use their discretion in exceptional circumstances (business exigencies) to permit drawls against uncleared effects up to Rs.30,000/- (Rupees thirty thousand only), for deposit accounts on recovery of collection charges of Rs. 100/- per instrument. The facility can be provided only on well conducted, KYC complaint accounts as mentioned in paragraph 4.3 above. This will be done within the discretionary powers vested with the Branch Manager in the respective Grade/Scale, as per discretionary power structure, on the day of purchase itself and is required to be reported to the next higher authority, immediately. For negotiation of cheques exceeding Rs.30000/-, the charges shall be as under:
i) For drafts and Dividend warrants (low risk), interest at PLR for the period of outlay of funds with a minimum of Rs.150/- ii) For Cheques (high risk), interest at the rate of PLR + 2% for the period of outlay of funds subject to a minimum of Rs.200/-
c) No charges will be levied for local collection of cheques/instruments which are collected through the normal clearing process, except for item 4.6(b)(i) and (ii).
d) Normal collection charges will be levied for local cheques not collected through clearing, irrespective of the amount of cheques.
4.8 If a cheque/instrument for which immediate credit has been afforded is returned unpaid, Bank shall recover interest at clean overdraft rate for the period for which the Bank remained out of funds and also cheque return charges subject to the following :- a) Bank will charge interest from the date of credit of proceeds of the cheque in the account till reimbursement/realisation of the amount to/by the Bank. b) Where the cheque is credited to a Savings Bank account, such credits will not be reckoned for interest purposes, if the cheque is returned unpaid. c) If proceeds are credited in an overdraft/loan account, interest would be recovered at applicable rate/clean overdraft rate, whichever is higher, on the amount of returned cheque/instrument.
5. TIME FRAME FOR COLLECTION OF OUTSTATION INSTRUMENTS: 1. With the leverage of CBS and upgradation of technology and introduction of Speed Clearing System at MICR clearing centre, the time frame for collection of outstations cheques will be as per normal clearing cycle at the respective centre and for all other centres, the time frame for collection of cheques/instruments payable in India is as under:
| |Collection between |SBT Branches |Branches of other Banks |
|a |Metropolitan Centres / Major ‘A’ Class cities (Mumbai, Chennai, |6 days |7 days |
| |Kolkata, New Delhi, Ahmedabad, Bangalore & Hyderabad) | | |
|b |Places at (a) above and State Capitals (other than North Eastern |8 days |10 days |
| |States & Sikkim) and Area I Cities i.e Pune, Nagpur, Kanpur, Surat, | | |
| |Vishakapatnam, Vadodara, Kochi, Indore, Ludhiana, Coimbatore, Agra, | | |
| |Madurai and Varanasi | | |
|c |Collection between other centres |10 days |14 days |
5.2 The timeframe mentioned above are the outer limits and once the instruments are realised, proceeds should be credited to the customer's account immediately.
5.3 Considering technology up gradation and faster communications modes, delays (in collection of cheques/instruments) beyond 45 days, from the notional date of credit as per time frame mentioned in paragraph 5.1 above, would be treated as abnormal delays.
5.4 The time limit for collection of cheques/instruments payable in foreign countries has been mentioned separately in the Policy, under paragraph No.8.
6. INTEREST PAYMENT FOR DELAYED COLLECTION:
6.1. As part of the compensation policy of the Bank, the Bank will pay interest to its customer on the amount of collection instruments under 5.1 a, b and c given above in case there is delay in giving credit beyond the time period mentioned above. Such interest shall be paid without any demand from customers in all types of accounts. There shall be no distinction between instruments drawn on the bank’s own branches or on other banks for the purpose of payment of interest on delayed collection.
6.2 Interest for delayed collection shall be paid at the following rates: a) Savings Bank rate for the period of delay beyond 7/10/14 days as the case may be in collection of outstation cheques. b) Where the delay is beyond 14 days, interest will be paid at the rate applicable to for term deposit for the respective period. 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 rate. d) In the event the proceeds of cheque under collection were to be credited to an overdraft/loan account of the customer, interest will be paid at the rate applicable to the loan account. For extra ordinary delays, interest will be paid at the rate of 2% above the rate applicable to the loan account.
6.3 Such interest shall be payable with a minimum of Rs. 20/- (Rupees twenty only) even if the interest calculated works out to less than Rs. 20/-.
6.4. It is reiterated that compensation, as detailed above, shall be paid without any formal demand from the customers.
7. CHEQUES / INSTRUMENTS LOST IN TRANSIT / IN CLEARING PROCESS OR AT PAYING BANK’S BRANCH:
1. In the event of a cheque/instrument accepted for collection being lost in transit or in the clearing process or at the paying bank’s branch, Bank shall immediately, on coming to know of the loss of instrument, not only bring the same to the notice of the account holder so that the drawer can be informed to record stop payment, and take care that cheques, if any, issued by him/her are returned with specific remarks and not just dishonored due to non-credit of the amount of the lost cheques/instruments. Bank would also advise the drawee bank all particulars of lost cheques / instruments for exercising caution and provide all assistance to the customer in obtaining a duplicate instrument from the drawer of the cheque.
2. Where a cheque/instrument is claimed to have been deposited by the customer in Drop-Box, but Bank’s records do not show receipt of such cheque with the Bank, Bank can not decide on the compensation amount for lost cheque in the absence of details of cheque like date, amount, drawee bank/branch/drawee centre etc., In such cases, the customer will have to corroborate a claim for lost cheque with full facts, inter-alia including confirmation/enquiries from the drawee person/banks about genuineness of the claim and, on this basis, if it is established that the customer has, in fact, tendered the cheque in Drop-Box, Bank will consider payment of compensation in terms of the SBT Compensation Policy.
3. 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:
a. In case intimation regarding loss of instruments is conveyed to the customer beyond the time limit stipulated for collection (7/10/14) days as the case may be) interest will be paid for the period exceeding the stipulated collection period at the rates specified above.
b. In addition, bank will pay interest on the amount of the cheques for a further period of 15 days at Savings Bank rate to provide for likely further delay in obtaining duplicate cheques/instruments and collection thereof.
c. The Bank would also compensate the customer for any reasonable charges he/she incurs in getting duplicate cheque/instruments upon production of receipt in the event of instrument is to be obtained from a Bank/institution who would charge a fee for issue of duplicate instruments.
8. PROCEDURE FOR COLLECTION OF INTERNATIONAL CHEQUES/ INSTRUMENTS. 1. Bank handles at all its branches collection of cheques drawn in various foreign currencies and payable at various foreign centres on behalf of its customers against a declaration submitted by them. Bulk of the collection instruments are: -
a) US$ cheques {including Travellers Cheques (TCs)} payable in USA.
b) £ cheques (including TCs) payable in UK.
c) € cheques (including TCs) payable in Euro countries.
d) Cheques denominated in a currency other than the currency of that country and payable in that country.
e) Cheques denominated in Australian Dollar, Canadian Dollar and Singapore Dollar payable in their respective countries.
f) It is clarified that Travellers cheques issued by various Banks/Entities in various currencies will continue to be paid (by purchase) at designated branches as per bilateral arrangement in place, as advised by FED Ernakulam/ ISB Ernakulam from time to time.
g) The maximum value of foreign currency instruments to be purchased / taken for collection should not exceed the equivalent of Rs 10 lakhs.
2. Accordingly, the Policy for International Cheque Collection shall cover the following aspects:
i) Type of settlement process in foreign countries for collection of cheques.
ii) Arrangement for collection of cheques/instruments.
iii) Time–frame for collection of cheques.
iv) Interest payment for delayed collection, and
v) Collection instruments lost in transit.
3. Settlement Process in Foreign Countries for collection of cheque:
Collection of cheques at various foreign centres differ vastly from the process prevalent in India, both in advanced markets and developing countries and also from country to country within these two sub-groups. In some of the markets, clearing / settlement system can take more than 1 day i.e. 2-4 days for return clearing and therefore, for final funds settlement. Further, in some countries like USA the recall of funds from the collecting banker can occur even after the time for return clearing for an undefined period (normally up to one month), in cases where National Clearing involves more than one Fed Zone. There are also countries like Germany where cheques are no more the preferred mode of payments (replaced by online payments) and clearing takes place on a weekly basis. The brief description of different types of settlement processes in foreign countries has been given in Annexure III.
8.4 Arrangement for collection of foreign cheques/instruments: -
8.4.1 Our Foreign Exchange Department and International Service Branch use the service of different correspondent banks with large volumes, robust systems, suitable technology back up and country specific strengths to provide efficient service at competitive prices.
Different Correspondent banks offer varied customized products like Final Credit Service (FCS), Guaranteed No Return {GNR}], Cash letter etc to us for risk reduction, quicker collection, improved reconciliation etc. at various price points. International Service Branch is to sent Cheques drawn in foreign currency to the correspondent Banks under ‘Cash Letter’ system. In cases where branches have opened FCNR Fixed deposits against the cheques send for collection they should ensure that: -
a. FCNB receipt to be marked “subject to realisation of proceeds” b. No loan or premature encashment of such receipts will be permitted till realisation of proceeds c. Branch Manager should do the credit risk assessment before purchasing the cheques and opening FCNB Deposits
As no protection against frauds on the face of the cheques is available in such cheques sent for collection abroad (a recall is possible within 1 year) the facility of premature closure and loans, etc. against such deposits should be extended carefully and where branches are satisfied with the bonafide of the transaction and availability of recourse, if required.
Cheques of value less than USD 100 or equivalent in other currencies and miscellaneous currency instruments should be avoided as the handling charges incurred will be heavy.
8.5 Immediate credit of cheques to deposit accounts of individuals: -
8.5.1 Authorised branches of the Bank will offer immediate credit of cheques drawn in foreign currency for satisfactorily conducted accounts complying with KYC norms where they are satisfied with the scope for recourse, if required, and the customers are willing to pay the cheque purchase charges. The above service is available on all working days between Monday to Friday only as Saturday and Sunday are Forex holidays. In value terms, cheque purchases for issue of Rupee TDRs or otherwise may be authorised by Officials up to the discretionary power to purchase clean instruments. The amount in aggregate for a particular customer, will be as per the laid down financial powers for purchase of clean instruments, subject to the usual reporting to the next higher authority and also adhering to the instructions as in para 8(4).
8.5.2 If a cheque/instrument, for which immediate credit has been afforded, is returned unpaid, the Bank shall recover interest at clean overdraft rate for the period the Bank remained out of funds and also cheque return charges, correspondent bank charges and exchange loss, if any, subject to the following: i. Bank will charge interest from the date of credit of proceeds of the cheques in the account till reimbursement of money to the Bank.
i) Where the cheque is credited to a Savings Bank account, such credits will not be reckoned for interest purposes if the cheque is returned.
ii) If proceeds are credited in an overdraft/loan account, interest would be recovered at applicable rate/clean overdraft rate, whichever is higher, on the amount of returned cheques/instruments.
8.6 Time Frame for collection of instruments:-
The time frame from the date of deposit of a cheque at a branch to the date of credit to the customer’s account for USD, Euro, ₤ Sterling, Australian $, Canadian $, cheques / instruments payable in their home countries will be 20 days from the date of clear credit including cooling period. The time frame mentioned above is the outer limit and once the instruments are realized, subject to expiry of the relevant cooling period, if any, proceeds will be credited to the customer’s account.
7. Interest payment for delayed collection:-
As time for collection of instruments drawn on banks in different countries and even within a country from place to place varies, delay in collection of cheques payable at foreign centres will be construed if the customers account is not credited within 20 days, from the date of clear credit to the Bank’s Nostro Account i.e. after taking into account the prescribed cooling period for that currency with the respective correspondent.
1. For the sake of uniformity and clarity, the date of Clear Credit is defined as the date on which clear funds are available in our Nostro Account after an actual or notional cooling period – for actual credit to customers’ account as per Bank’s agreement with the concerned Correspondent Bank. Wherever there is no specific agreement on the cooling period or the funds are directly collected from a paying bank, the Clear Credit Date will be after observing a cooling period, as per the discretion of the Bank, for that specific currency/country/clearing system but not exceeding 10 calendar days from the date of actual credit to Bank’s Nostro Account.
2. The compensation on account of delays in collection of instruments in foreign currency would be as detailed below:
i) Savings Bank rate for the period of delay beyond 7/10/14 days as the case may be in collection of outstation cheques. (Refer Para 5.1) ii) Where the delay is beyond 14 days interest will be paid at the rate applicable to for term deposit for the respective period iii) 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 rate. iv) In the event of the proceeds of cheques under collection being required to be credited to an overdraft/loan account of the customer, interest will be paid at the rate applicable to loan account. For extra ordinary delays, interest will be paid at the rate of 2% above the rate applicable to the loan account.
3. Compensation as detailed above shall be paid without any formal demand from customers.
8.7.4. No separate compensation is payable by the Bank on account of movement in the values of the respective currencies. 5. International Cheques/instruments lost in transit/in clearing process In the event an international cheque or an instrument accepted for collection is lost in transit or in the clearing process, the Bank shall, immediately on coming to know of the loss of instruments, bring the same to the notice of the account holder so that the drawer can be informed to record stop payment. The Bank would also advise the correspondent/drawee bank all particulars of lost cheques/ instruments for exercising caution and provide all assistance to the customer in obtaining a duplicate instrument from the drawer of the cheques – if required. The Bank will arrange to get payment of the instrument based on the photocopy/scanned image of the instrument wherever the practice is prevalent. The Bank will bear the actual charges of recording Stop Payment instructions levied by drawee bank. The Bank would also reimburse the customer with actual charges levied by the drawer / bank in issuing duplicate cheques/instrument, subject to a maximum of Rs.250/-.
9. Display of Information
9.1. The salient features of the policy with regard to the collection period of outstation Cheques and interest payable thereon in case of delay shall be published on the notice board in a precise manner in bold / visible letters at conspicuous place in every branch.
9.2 A copy of the complete policy shall be made available by the Branch Manager, if the customer requires the same for reading.
10. FORCE MAJEURE: Bank shall not be liable to compensate the customers for delayed credit if some unforeseen event (including but not limited to civil commotion, sabotage, lockout, strike or other labour disturbances, accident, fire, natural disasters or other “Acts of God”, war, damage to the bank’s facilities or of its correspondent bank(s), beyond the control of the bank prevents it from performing its obligations within the specified service delivery parameters.
Annexure I
BRIEF DESCRIPTION OF TECHNOLOGICAL PROGRESS MADE BY THE BANK. A. Core Banking Solution: - Core Banking Solution (CBS) enables customers of banks to access their accounts and undertake transactions from any branch and enjoy the facility of any-branch banking. The benefits from use of this technology should get reflected in terms of better service to customers in tangible terms, especially in the area of cheque collection in the form of instant / same day credit in respect of local cheques, reduced time-frame for collection of inter-city cheques, covering more centres within the inter-city clearing scope etc. While some benefits are available to customers of CBS-enabled branches in some banks, it is necessary to extend the facility to customers of non-CBS-enabled branches of other banks if they tender cheques of our Bank. B. Centralised Clearing Processing Centre (CCPC) : - The basic objective of CCPC is to shift all non-customer facing activities related to paper based as well as electronic clearing and collection away from branches and do the same in a centralized manner with the highest level of efficiency, accuracy and safety. The CCPCs perform following activities:
a) Receiving pay-in slips and outward clearing instruments of all clearing types tendered by the customers through Drop –Box or across the counters at the linked branches, capture data thereof, present the instruments to the clearing house, mark inward returns, release funds in customer accounts and dispatch returned instruments to the customer in normal cases and to the branches in specific cases.
b) Receive inward clearing instruments of all clearing types from clearing house, post these to customer accounts, do technical verification and send the outward returns to clearing house.
c) Receive pay-in slips and outstation collection instruments tendered by the customers, through Drop-Box or across the counters, at linked branches, capture data thereof, send collections to the outstation branches/banks, mark returns, do SC realization transactions and dispatch returned instruments to the customers, in normal cases, and to the branches, in specific cases. d) Receive DD purchased (cheques) instruments from linked branches, prepare remittance schedules, dispatch to outstation branches, mark returns, do DDP realization transactions and dispatch returned instruments to the customers, in normal cases, and to the branches, in specific cases.
e) Handle all activities in a centralized manner for ECS and other electronic payment systems.
The following activities are beyond the scope of CCPC and will continue to be done by the respective home branches or CPCs: i) Credit decision in respect of any inward instruments or electronic payment. ii) Scrutiny of transactions in customer accounts mandated by any internal or external authority under Anti-Money Laundering Policy or any other measures.
iii) Amending customer level or account level details in CBS system for the purpose of collection of cheques/clearing of instruments.
C. Multicity Cheques (MCC):
A Multicity Cheque (MCC) is one that can be written by the customer in favour of his client and payable at par at all Core Banking branches of the Bank. The payee can present the cheque directly at any CBS branch or in clearing through his banker, provided at least one CBS branch is there in that centre. MCC is issued by CBS branches to customers of SB, CA and CC accounts in addition to normal cheque books. It is a personalized cheque book with customer details and is issued to customers having accounts under designated schemes of the Bank. The upper limit for issue of MCC cheques varies according to the product under which it is issued and is subject to recovery of usual service charges. D. MICR Clearing Centre :-
To expedite speedy collection of MICR instruments, RBI has introduced 66 MICR-Clearing Centres across the country for collection of Inward and Outward Clearing of MICR cheques/instruments (list placed at Annexure-II). Under the Scheme, MICR instruments received in the Drop-Boxes as also across the counter are segregated and sent to Service Branch for onward presentation to MICR Clearing Centre for expeditious clearing and speedy realization of proceeds. The MICR Clearing Centres are functional both at Centralised Clearing Processing and non-Centralised Clearing Processing Centres.
E. Speed Clearing System :- In order to extend the benefits available to the customers of CBS enabled branches to the customers of non-CBS branches of others banks, RBI has introduced the Speed Clearing System which requires banks to leverage their CBS system and to introduce the concept of any-bank banking for non-local cheques. For the same, it is necessary to have an arrangement to clear the cheques presented by customers at a bank branch, drawn on any outstation CBS enabled branch of any other bank. Since the issue of accounting and maintenance of a settlement account, as also physical movement of cheques and logistics are involved, it is ideal to have a separate arrangement /set-up for this purpose. This separate arrangement, styled as “Speed Clearing” for collection of outstation cheques drawn on CBS branches, has the following distinguishing features: a) Banks, members of the Speed Clearing System, need to designate a local, CBS–enabled branch for accepting from other banks cheques drawn on their own outstation, CBS-enabled branches b) All cheques drawn on CBS branches need to be branded suitably in order to identify them. c) The designated local branch can use the CBS solution to take the decision on whether to pay or not to pay cheques drawn on outstation CBS-enabled branches. d) Once the fate of the cheque is known, the customer gets the benefit of funds on the same day, as is the case in respect of local cheques clearing at present. e(i) Accordingly, customers can enjoy the benefits of CBS technology by having the ability to encash any cheque drawn on any CBS-enabled branch of any bank locally, since the cheque acquires the character of being ‘local’ at any city where it is presented. e(ii) As on date, "Speed Clearing" is operational at all MICR locations (List given in Annexure II). As on 31.05.2012, "Speed Clearing" is operational at 1225 locations (including 86 centres in Kerala) through out the country (List is available at the following link http://rbidocs.rbi.org.in/rdocs/content/Docs/10002_LSCC.xls.). Branches linked to Speed Clearing system are advised to collect all outstation cheques/instruments drawn on CBS branches of banks participating in Speed Clearing locally and to ensure that those instruments are not presented through National/Inter-city Clearing (managed at 15 locations by RBI). e(iii) In order to facilitate migration of clearing of outstation cheques to Speed clearing at a faster pace, as also to align the charge-structure for collection of such cheques with the charges prescribed under other collection process, it has been decided by RBI to permit banks to levy charges at a rate not exceeding `.150/-+ service tax as applicable [` 168/- at present], per instruments for clearing high value instruments, i.e. for cheques of value above Rs.1 lac presented in Speed Clearing. Banks shall, however, not levy any additional charges for clearing cheques up to and including Rs.1 lac in Speed Clearing, in the interest of better services to small value customers. F. CHEQUE TRUNCATION SYSTEM
Cheque Truncation System is the process whereby images of cheques are scanned and electronically sent to the concerned branches, for inward and outward clearing, instead of physical movement of the relative instrument. In the process, the paying branch will receive the images for inward clearing and, if found to be in order, will pay and send facsimile of cheque back to the clearing centre and vice versa. At present, the Cheque Truncation System (CTS) project has been implemented on pilot basis in two centres viz, New Delhi and Chennai.
Annexure II
|Reserve Bank of India |
|List of MICR Centres |
|SI. NO. |NAME |CITY CODE |SI. NO. |NAME |CITY CODE |
|1 |AGRA |282 |42 |MANGALORE |575 |
|2 |AHMEDABAD |380 |43 |MUMBAI |400 |
|3 |ALLAHABAD |211 |44 |MYSORE |570 |
|4 |AMRITSAR |143 |45 |NAGPUR |440 |
|5 |ANAND |388 |46 |NASHIK |422 |
|6 |AURANGABAD |431 |47 |NEW DELHI |110 |
|7 |BANGALORE |560 |48 |PANJIM |403 |
|8 |BARODA |390 |49 |PATNA |800 |
|9 |BELGAUM |590 |50 |PONDICHERRY |605 |
|10 |BHAVNAGAR |364 |51 |PUNE |411 |
|11 |BHILWARA |311 |52 |RAIPUR |492 |
|12 |BHOPAL |462 |53 |RAJKOT |360 |
|13 |BHUBANESHWAR |751 |54 |RANCHI |834 |
|14 |CHANDIGARH |160 |55 |SALEM |636 |
|15 |CHENNAI |600 |56 |SOLAPUR |413 |
|16 |COIMBATORE |641 |57 |SURAT |395 |
|17 |CUTTACK |753 |58 |TIRUCHIRAPALLI |620 |
|18 |DEHRADUN |248 |59 |TIRUNELVELI |627 |
|19 |ERNAKULAM |682 |60 |TIRUPUR |641 |
|20 |ERODE |638 |61 |TRICHUR |680 |
|21 |GORAKHPUR |273 |62 |TRIVANDRUM |695 |
|22 |GUWAHATI |781 |63 |UDAIPUR |313 |
|23 |GWALIOR |474 |64 |VARANASI |221 |
|24 |HUBLI |580 |65 |VIJAYWADA |520 |
|25 |HYDERABAD |500 |66 |VISAKHAPATNAM |530 |
|26 |INDORE |452 | | | |
|27 |JABALPUR |482 | | | |
|28 |JAIPUR |302 | | | |
|29 |JALANDHAR |144 | | | |
|30 |JAMMU |180 | | | |
|31 |JAMNAGAR |381 | | | |
|32 |JAMSHEDPUR |831 | | | |
|33 |JODHPUR |342 | | | |
|34 |KANPUR |208 | | | |
|35 |KOLHAPUR |416 | | | |
|36 |KOLKATA |700 | | | |
|37 |KOTA |324 | | | |
|38 |KOZHIKODE |673 | | | |
|39 |LUCKNOW |226 | | | |
|40 |LUDHIANA |141 | | | |
|41 |MADURAI |625 | | | |
Annexure III
BRIEF DESCRIPTION OF DIFFERENT TYPES OF SETTLEMENT PROCESSES IN OTHER COUNTRIES
1. Uniform Commercial Code (UCC) :- UCC is the basic legal framework for cheques payment in USA. The rights of drawer of the cheques, the collecting banker and the paying banker are significantly different from the position obtaining in India. The collecting banker enjoys no protection while the paying banker enjoys all the protection in case of a cheque with any alterations (signature, amount, payee, etc.) for a period of at least 1 year. For endorsement related frauds and disputes, the periods is 3 years. For treasury cheques the period is even longer at 7 years. In Euro countries and England, the legal status and practices relating to clearing systems, return instruments and protection to paying banks and collecting banker are similar to those in USA – for frauds, generally, recall of funds by paying Banker beyond 2 weeks or so does not normally happen in these countries.
As customers cannot be made to wait for longer periods to get payment, Banks have devised a system to afford credit after a reasonable cooling period. Cooling Period is the period upto which the Bank will wait, after the credit of proceeds of cheques to its Nostro Account, for a possible return/recall in terms of its experience depending upon the practice followed abroad or special arrangement with the Correspondent Banks. In some cases ($FCS, Euro), while there is no additional cooling period, the Nostro Credit itself is afforded by the Correspondent Bank after the required cooling period at their end. 2. Guaranteed No Return (GNR):- Under this system, which is available for collection drawn on banks in USA, the correspondent bank agrees to ensure that no return will be effected after say 10 business days of payment advice. Based on such a service contract (at a small price), after adding the courier time within India and for USA (4 days), processing time in India for preparing a “Master Cash Letter” (cheques collection schedule) – 1 day and processing time for the Correspondent Bank in USA (1-2 business days) a total of about 17 business days or 21 calendar days (including Saturdays, Sundays and Holidays) are required for credit to be afforded to the beneficiary in India. However, this service does not offer any protection against frauds – where refund can be demanded much later – and is therefore used for cheques of value up to US $10,000 only.
3. Final Credit service
Another service available in USA is the Final Credit Service (FCS) where some due diligence is applied by the correspondent bank at a significantly higher cost (between US$ 5 – 10). In this case, while there is no additional cooling period, the credit is passed on to the Bank after 6 to 15 working days, depending on the arrangement with the correspondent bank and the State (location) in USA where the cheque is ultimately payable. While this service improves the level of security or comfort, it normally does not reduce time and is always costlier and is, therefore, normally used for high value cheques for over US$10,000 only.
FCS services are available only for USD cheques payable in USA only. For Euro, ₤ and cheques in all other foreign currencies, services like GNR, or plain cash letter service is offered by Correspondent Banks.
4. Check 21 System:
USA has already moved to Image processing technology under Check 21 system as an additional settlement process, which may eventually replace the processing of physical cheques and other advanced countries are likely to move to similar system over the next few years. This will reduce the time taken for collection by reduction / elimination of courier time. Decentralised scanning (at say 10 important centres in the country) and collection based on Image Based processing under Check 21 will reduce the realization period by about 2 to 5 days depending upon the location of the collecting branch in India.
B.
CHEQUE COLLECTION POLICY ‘12
1. PREAMBLE
1. Bank's Cheque Collection Policy (CCP) is reviewed annually, as per the guidelines issued by Reserve Bank of India (RBI)/IBA/BCSBI from time to time. The Policy duly approved by Bank’s Board of Directors shall be read as Bank’s Cheque Collection Policy -2012-’13. 2. Bank’s Cheque Collection Policy document has been formulated as a comprehensive document with transparency covering following aspects, taking into account our technological capabilities, systems and processes adopted for clearing arrangements and other internal arrangements for collection through different methods. The procedure for collection of domestic cheques/instruments and international instruments have been placed in Annexure-I & III respectively, which, inter alia, incorporate the following:
a) Detailed procedure for collection of cheques (local and Outstation). b) Collection of cheques between two banks and between CBS and non-CBS branches of other banks. c) Reduced time frame for collection of outstation/local cheques drawn on branches of the Bank d) Penalty for delayed collection in a progressive manner e) Amounts of cheques up to which immediate credit is to be provided. f) Revised business processes keeping in view the BPR initiatives taken and technological progress made by the Bank viz:
i) Core Banking Solutions (CBS) ii) Centralised Clearing Processing Centre (CCPC) iii) Multicity Cheques (MCC) iv) MICR Clearing Centres (MICR CC) v) Speed Clearing System (SCS) vi) Cheque Truncation System (CTS) (Brief description of the processes/developments, in respect of the above is given in Annexure-I)
3. The Cheque Collection Policy covers following guidelines issued by the regulators for smooth conduct of clearing cycle. i. The Service charges for savings bank customer for collection of outstation cheques up to Rs.1.00 lac has been mandated by the RBI w.e.f.1st April, 2011, whereas Banks have been given freedom to fix charges for current account customers and also for collection of outstation cheques beyond Rs.1.00 lac. Accordingly, State Bank of Travancore have rationalized the service charges for collection of outstation cheques, which is system enabled for realization of the same.
ii. The Service charges for Speed Clearing System has also been revised which is applicable for collection of outstation cheques in the local clearing treating the instruments as locally drawn.
iii. The above charges are applicable only to the transactions originated and payable in India.
iv. To reduce the clearing cycle and to promote electronic mode of payment, drawee banks are using RTGS/NEFT/ECS for remittance of funds.
v. In the case of collection of outstation cheques at centers, where the Speed Clearing System is not applicable, the collecting and paying banker has to share 50:50 charges for collection of outstation cheques.
vi. The SC/DDP automation has been implemented for collection of outstation cheques of other banks where the speed clearing system is not available in the clearing process.
vii. To improve upon the reconciliation process and as a deterrent against perpetration of fraud, Bank has introduced a single design security form, known as “Inter Office Instrument (IOI)”, covering all the three modes of remittance, viz; Draft, Bankers’ Cheque, Pay-order. This is payable across all CBS branches of SBT, thus obviating the risk of the fraudulent payment of such instruments
1.4 REVISED GUIDELINES
The Reserve Bank of India (RBI) have issued following guidelines subsequent to the issuance of our Bank’s Cheque Collection Policy-2010 for collection of Outstation cheques which have been incorporated in the revised Policy documents.
i. Standardisation and Enhancement of Security Features in Cheque Forms: CTS-2010: RBI has prescribed certain benchmark towards achieving standardization of cheques issued by the banks across the country, which includes provision of mandatory minimum security features on cheque forms like quality of paper, watermark, bank’s logo in invisible ink, void pantograph, etc. and standardization of field placements on cheques. These minimum security features would not only ensure uniformity across all cheque forms issued by the banks in the country but also help presenting banks while scrutinizing /recognizing cheques of drawee banks in an image-based processing scenario. The homogeneity in security features is expected to act as a deterrent against cheque frauds, while standardization of field placements on cheque forms would enable straight-through-processing by use of optical/image character recognition technology. The benchmark prescriptions shall be known as “CTS-2010 standard”. State Bank of Travancore has also adopted CTS- 2010 standard in all cheques and IOI as per specification prescribed by the RBI
ii. Roll–out of CTS-2010 standard at Chennai :- Image based cheque processing i.e., CTS-Delhi has been implemented since July,2009, and Cheque Truncation System of cheque clearing at Chennai for which the new enhanced security feature for the cheques have been introduced known as CTS-2010 standard has been rolled out from 24th January,2012. The CTS-2010 Chennai has been made fully operational from 1st April, 2012 and it is to be implemented across the country from September, 2012
iii. Enhancing the scope of Speed Clearing System: - Speed Clearing System was initially enabled to include cheques issued by account holders with transaction codes 10 (savings bank), 11 (current account) and 13 (cash credit). Keeping in view the benefits to customers as also the infrastructural and processing preparedness of banks, RBI decided to extend the scope of Speed Clearing to cover all transaction codes, other than those relating to government cheques w.e.f. 1st February, 2011
iv. Extention of Speed Clearing System at Non-MICR centre: - Speed Clearing System was available in 66 MICR centres only. Since the system has got acceptability and popularity among the customers and banks for the benefit accruing from it, RBI decided to extend the coverage to Non-MICR centres in phased manner since January, 2011, by the respective Regional Offices of RBI. As on 31st May 2012, there are 1225 centres in which Speed Clearing has been enabled. The list is available in RBI website at the following link: http://rbidocs.rbi.org.in/rdocs/content/Docs/10002_LSCC.xls.
v. Prohibiting Alterations/Corrections on cheques: - Consequent upon adoption of Standardization and Enhancement of Security Features in Cheque forms (CTS-2010), RBI directed that no changes/corrections should be carried out on the cheques. For any changes in the payee’s name, courtesy amount (amount in figures) or legal amount (amount in words) etc, excepting change in the date for validation period, fresh cheque forms should be used by customers. This will help bank to identify and control fraudulent alterations. It is applicable for the instruments presented in clearing at CTS-Delhi w.e.f from 1st January, 2011 and at CTS-Chennai from the roll out date. Collecting Banks have to ensure that such cheques are not accepted for presentation in CTS. It is not applicable to cheques cleared under other clearing arrangements such as MICR clearing, non-MICR clearing, over the counter collection (for cash payment) or direct collection of cheques outside the Clearing House Arrangement.
vi. Dishonour /Return of cheques- Need to mention the ‘Date of Return’ & sign/initial the Cheque return Memo.:- As per RBI’s guideline, in case of Dishonour /Return of cheque, there is need to mention the ‘Date of Return’ in the Cheque Return Memo and the objection slip is to be signed/initialed giving therein a definite and valid reason for refusing payment as prescribed in Rule 6 of the Uniform Regulations and Rules for Bankers’ Clearing Houses (URRBCH). This will enable the holder of the instrument to have legal recourse against the drawer of the cheque
vii. Reduction of validity of cheque /draft /pay order/Banker’s cheque from 6 months to 3 months:- This is usual practice in the bank to make payment of only such cheques/drafts which are presented for payment within a period of six months from the date of issuance. In order to stop the misuse of circulation of cheques/drafts/pay orders in the market like cash for six month, RBI has decided in public interest and in the interest of banking policy to reduce the period of validity from six months to three month within which the cheques/drafts/pay orders etc are paid from the date of such instruments. This came into effect from 1st April, 2012. Banks are not required to make payment of cheques/drafts/pay orders/Bankers’ cheque bearing that date or any subsequent date, if they are presented beyond the period of three months from the date of such instruments.
viii. Collection of Third Party Cheques in clearing:-RBI has prohibited Banks from crediting ‘account payee’ cheques to the account of any person other than the payee named therein. However, with a view to mitigate the difficulties faced by the members of co-operative credit societies in collection of account payee cheques, RBI permitted banks to collect account payee cheques drawn for an amount not exceeding Rs.50,000/- to the account of their customers who are constituents of co-operative credit societies.
1.5 The payment of compensation to the customers on account of delay in collection of outstation cheques is to be paid without any request from him.
1.6 The realisation of service charges has been made system enabled for automatic recovery of service charges
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2. ARRANGEMENTS FOR COLLECTION OF CHEQUES
2.1 Local Cheques:
All cheques, and other Negotiable Instruments, payable locally in clearing, would be presented through the clearing system prevailing at the centre.
1. Cheques deposited at branch counters and in Drop-boxes, within the branch premises, before the specified cut-off time will be presented for clearing on the same day.
2. The broad time–limit for receipt of cheques (say up to 3 hours after opening of branch, 1 hour before closure of business etc.), which can be fine tuned for individual locations/branches, based on local practices, will be fixed by the Controllers of the respective branches.
3. All the drop-boxes shall indicate clearly the time up to which cheques dropped in the drop boxes would be sent for clearing on the same day.
4. Cheques deposited after the cut-off time and in drop-boxes outside the branch premises including off-site ATM will be presented in the next clearing cycle.
5. As a policy, bank would give credit to the customer account on the same day clearing settlement takes place. Withdrawal of amounts so credited would be permitted as per the cheque return schedule of the clearing house.
2. Bank branches situated at centres where no clearing house exists, would present local cheques on drawee banks across the counter and proceeds would be credited, at the earliest, on realization.
3. The time line for collection/clearing of local cheques will be extended by extra day in case of branches having non-Sunday weekly off and for 7 days branches.
4. OUTSTATION CHEQUES PAYABLE IN INDIA
1. Cheques drawn on other banks at outstation centres in India will normally be collected through our own branches at those centres. Where the Bank does not have a branch of its own, the instrument would be directly sent for collection to the drawee bank or collected through a correspondent bank. The Bank would also use the National Clearing Services/Speed Clearing System/ MICR– Clearing System offered by Reserve Bank of India at centres where such services exist.
2.4.2 Speed Clearing System: - Outstation cheques drawn on banks participating in speed clearing at specified locations will be colleted and treated at par with local cheques. All terms and conditions applicable for local clearing instruments will also apply to speed clearing system excepting the fact that such cheques will be collected by the collecting bank against realization of service charges specified for the purpose by the RBI.
5. Extension of the benefit of Speed Clearing System to Rural and Semi-Urban (RUSU) Branches:
The Speed Clearing System allows each Bank to notify a branch at the Speed Clearing Centre for payment of outstation cheques of its other CBS branches in the country. As on 31st May 2012, Speed Clearing is available in 1225 centres through out the country. With a view to providing RUSU branches the benefit of participating in SCS, branches may send instruments to the nearest Speed Clearing Centre for clearance after ensuring that the drawee branch has presence in that centre. The Speed Clearing Centre Branches (Service Branch / CCPC/MICR Centre/Main Branch) will ensure quick realization of proceeds of outstation collection and credit to the respective account at RUSU branch through CBS. This will remove the anomaly of most of the RUSU branches not being able to enjoy the benefit of SCS. 6. Timeframe for collection of cheques
Cheques drawn on branches of other banks located at State Capitals/Major “A” class Cities/other locations will be collected within 7/10/14 days respectively. If there is any delay in collection beyond this period, interest at the rate specified hitherto in the CCP shall be paid without insisting/waiting for a request from the customer. Time-limit for collection specified by the Bank shall be treated as the outer limit and credit shall be afforded immediately, if the proceeds get collected earlier. Also, branches of the Bank shall not decline to accept outstation cheques deposited by its customers for collection.
3. ARRANGEMENTS FOR COLLECTION OF CHEQUES INSTRUMENTS DRAWN ON SBI BRANCH NETWORK SC/DDP AUTOMATION :
The cheques /instruments received at the branches for realization across the counter or through the Drop box facility will be lodged as per process flow for SC/DDP automation for all branches at CCPC and non-CCPC centre.
3.1 INSTRUMENTS DRAWN ON LOCAL AND OUTSTATION BRANCHES:
Cheques drawn on Bank’s own branches, at local or at outstation centres, irrespective of amount and market/business segment, excepting Govt. Cheques, Banker's Cheques, RBI cheques, received across the counter or through Drop-Box are not required to be presented in clearing or purchased as DD/ sent out on collection as SC but these instruments shall be disposed off at their end only. The instruments will be paid by the receiving branches at their end after verifying the genuineness of the instruments and observing all necessary precautions for payment of instruments, as if these have been drawn on them and will afford credit directly to the payee’s account using the CBS strength and recover applicable service charges as per RBI’s instruction regarding collection of outstation cheques.
3.2 INSTRUMENTS DRAWN ON LOCAL BRANCHES OF OTHER BANKS/ASSOCIATE BANKS
1. These instruments will be presented by the receiving branches in local clearing and credit afforded to the payee’s account on realization or else arranges to send these instruments to the designated branch/service branch, which will in turn present these instruments in local clearing and afford credit directly to the payee’s account using CBS strength.
2. INSTRUMENTS DRAWN ON OUTSTATION BRANCHES OF OTHER BANKS / ASSOCIATES BANKS: At such centre, where speed clearing is operational, the cheques drawn on CBS enabled branches of other banks are not required to be sent out for collection and will be presented through Speed Clearing System in which these can be presented to the drawee banks in local clearing for payment.
3.2.3 However, to leverage the CBS functionality and infuse efficiency, all branches/offices transacting collection of instruments drawn on outstation branches of other Banks/Associates Banks at centers where we are established will sent the instruments for collection directly to our branch. The receiving branches will sent the cheque for collection and the credit the proceeds directly to the Non-home branch account. Cheques drawn on centres where our Bank does not have presence should be sent to the drawee branch directly, if it is a CBS enabled branch, with clear instructions to credit the proceeds electronically. If the drawee branch is a non-CBS branch, the instrument may be sent to Associate / SBI / other Nationalised banks in the same centre with instructions to credit the proceeds electronically. Credits thus received should be credited to customer’s account on the same day itself.
3.2.4 There is no change in the accounting procedure for DDP in respect of above cases where instruments will continue to be purchased by debit to General Ledger Account/Customer’s Liability account and sent for realization to the Drawee bank for realization thereof.
3.2.5 The revised cheque collection instructions shall be universally applicable at all centres (CCPC and non-CCPC centres).
3.2.6 The outstation cheques will be paid subject to recovery of usual service charges as per Bank’s extant instructions. No additional charges, P&T, Courier charges etc. will be recovered
3.3 Cheques drawn on any branch of the our Bank, locally or outstation, will normally be paid on the same day/next day, depending upon the local situations, barring a few exceptional circumstances for example – insufficient balance, non availability of drawing power, uncleared balance, not matching with the cheque range in the system, same cheque number already paid, difference in signature, any lien stop/hold restrictions, statutory, regulatory or otherwise, marked on the account, exceeding limit in case of loan account. In such exceptional cases, cheques will be collected using the inter-branch collection arrangements.
4. IMMEDIATE CREDIT OF OUTSTATION/LOCAL CHEQUES TO DEPOSIT ACCOUNTS OF INDIVIDUALS:
4.1 The facility of immediate credit will be provided by the branch to the satisfactorily conducted accounts (defined here-in-after in the Policy) of their customers in respect of instruments drawn on any of Bank’s branches in the CBS network.
4.2 INSTRUMENTS DRAWN ON LOCAL BRANCHES OF OTHER BANKS /ASSOCIATE BANKS: Branches will, on their own accord, afford immediate credit of outstation cheques of other banks up to and inclusive of Rs.30,000/- (Rupees thirty thousand only) tendered for collection by their customers.
4.3 For the purpose of this Policy, a satisfactorily conducted account shall be one which has been:- i) Opened at least six months earlier and is fully complying with the KYC documentation requirements.
ii) Is neither dormant nor inoperative.
iii) Where branch has not noticed any irregular dealings/ suspicious transactions in the last 6 months.
iv) Where the branch has not experienced any difficulty in recovery of any amount advanced in the past including cheques returned unpaid, after giving credit.
v) Where no adverse features attached to the account/account holders has been brought to the notice of the Bank.
vi) Where no cheques/ instruments for which immediate credit was afforded returned unpaid for financial reason.
4.4 The facility will be available to all individual deposit account holders, without making a distinction about the type of their accounts i.e. Savings Bank/Current Account etc. It will also be available at all branches/extension counters of the Bank.
4.5 Normal collection charges + 0.50% as DDP charges+ service tax are to be recovered for outstation cheques. No additional charge such as exchange, out of pocket expenses, P&T/courier charges is to be recovered in the process. In case of outstation cheques, the facility will be restricted to one or more cheques for aggregate amount not exceeding Rs. 30,000/- at a time ensuring inter-alia that the liability, on account of outstanding cheques purchased, does not exceed Rs. 30,000/- at any time, except in cases where credit facility against cheques to be purchased has been duly sanctioned by the competent authority.
4.6 The facility of immediate credit would not be applicable to cheques collected under speed clearing arrangements.
4.7 Local Cheques (Instruments of other Banks)
a) For local cheques of other banks, credit shall normally be given on the same day or at the most next day of the day of presentation in clearing. Ideally, in respect of local clearing, Bank shall permit withdrawal in the customer accounts immediately after closure of relative return clearing same day or maximum within an hour of commencement of business on the next working day, subject to usual safeguards.
b) Negotiation of local cheques/instruments will not be encouraged. However, Branch Managers may use their discretion in exceptional circumstances (business exigencies) to permit drawls against uncleared effects up to Rs.30,000/- (Rupees thirty thousand only), for deposit accounts on recovery of collection charges of Rs. 100/- per instrument. The facility can be provided only on well conducted, KYC complaint accounts as mentioned in paragraph 4.3 above. This will be done within the discretionary powers vested with the Branch Manager in the respective Grade/Scale, as per discretionary power structure, on the day of purchase itself and is required to be reported to the next higher authority, immediately. For negotiation of cheques exceeding Rs.30000/-, the charges shall be as under:
i) For drafts and Dividend warrants (low risk), interest at PLR for the period of outlay of funds with a minimum of Rs.150/- ii) For Cheques (high risk), interest at the rate of PLR + 2% for the period of outlay of funds subject to a minimum of Rs.200/-
c) No charges will be levied for local collection of cheques/instruments which are collected through the normal clearing process, except for item 4.6(b)(i) and (ii).
d) Normal collection charges will be levied for local cheques not collected through clearing, irrespective of the amount of cheques.
4.8 If a cheque/instrument for which immediate credit has been afforded is returned unpaid, Bank shall recover interest at clean overdraft rate for the period for which the Bank remained out of funds and also cheque return charges subject to the following :- a) Bank will charge interest from the date of credit of proceeds of the cheque in the account till reimbursement/realisation of the amount to/by the Bank. b) Where the cheque is credited to a Savings Bank account, such credits will not be reckoned for interest purposes, if the cheque is returned unpaid. c) If proceeds are credited in an overdraft/loan account, interest would be recovered at applicable rate/clean overdraft rate, whichever is higher, on the amount of returned cheque/instrument.
5. TIME FRAME FOR COLLECTION OF OUTSTATION INSTRUMENTS: 1. With the leverage of CBS and upgradation of technology and introduction of Speed Clearing System at MICR clearing centre, the time frame for collection of outstations cheques will be as per normal clearing cycle at the respective centre and for all other centres, the time frame for collection of cheques/instruments payable in India is as under:
| |Collection between |SBT Branches |Branches of other Banks |
|a |Metropolitan Centres / Major ‘A’ Class cities (Mumbai, Chennai, |6 days |7 days |
| |Kolkata, New Delhi, Ahmedabad, Bangalore & Hyderabad) | | |
|b |Places at (a) above and State Capitals (other than North Eastern |8 days |10 days |
| |States & Sikkim) and Area I Cities i.e Pune, Nagpur, Kanpur, Surat, | | |
| |Vishakapatnam, Vadodara, Kochi, Indore, Ludhiana, Coimbatore, Agra, | | |
| |Madurai and Varanasi | | |
|c |Collection between other centres |10 days |14 days |
5.2 The timeframe mentioned above are the outer limits and once the instruments are realised, proceeds should be credited to the customer's account immediately.
5.3 Considering technology up gradation and faster communications modes, delays (in collection of cheques/instruments) beyond 45 days, from the notional date of credit as per time frame mentioned in paragraph 5.1 above, would be treated as abnormal delays.
5.4 The time limit for collection of cheques/instruments payable in foreign countries has been mentioned separately in the Policy, under paragraph No.8.
6. INTEREST PAYMENT FOR DELAYED COLLECTION:
6.1. As part of the compensation policy of the Bank, the Bank will pay interest to its customer on the amount of collection instruments under 5.1 a, b and c given above in case there is delay in giving credit beyond the time period mentioned above. Such interest shall be paid without any demand from customers in all types of accounts. There shall be no distinction between instruments drawn on the bank’s own branches or on other banks for the purpose of payment of interest on delayed collection.
6.2 Interest for delayed collection shall be paid at the following rates: a) Savings Bank rate for the period of delay beyond 7/10/14 days as the case may be in collection of outstation cheques. b) Where the delay is beyond 14 days, interest will be paid at the rate applicable to for term deposit for the respective period. 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 rate. d) In the event the proceeds of cheque under collection were to be credited to an overdraft/loan account of the customer, interest will be paid at the rate applicable to the loan account. For extra ordinary delays, interest will be paid at the rate of 2% above the rate applicable to the loan account.
6.3 Such interest shall be payable with a minimum of Rs. 20/- (Rupees twenty only) even if the interest calculated works out to less than Rs. 20/-.
6.4. It is reiterated that compensation, as detailed above, shall be paid without any formal demand from the customers.
7. CHEQUES / INSTRUMENTS LOST IN TRANSIT / IN CLEARING PROCESS OR AT PAYING BANK’S BRANCH:
1. In the event of a cheque/instrument accepted for collection being lost in transit or in the clearing process or at the paying bank’s branch, Bank shall immediately, on coming to know of the loss of instrument, not only bring the same to the notice of the account holder so that the drawer can be informed to record stop payment, and take care that cheques, if any, issued by him/her are returned with specific remarks and not just dishonored due to non-credit of the amount of the lost cheques/instruments. Bank would also advise the drawee bank all particulars of lost cheques / instruments for exercising caution and provide all assistance to the customer in obtaining a duplicate instrument from the drawer of the cheque.
2. Where a cheque/instrument is claimed to have been deposited by the customer in Drop-Box, but Bank’s records do not show receipt of such cheque with the Bank, Bank can not decide on the compensation amount for lost cheque in the absence of details of cheque like date, amount, drawee bank/branch/drawee centre etc., In such cases, the customer will have to corroborate a claim for lost cheque with full facts, inter-alia including confirmation/enquiries from the drawee person/banks about genuineness of the claim and, on this basis, if it is established that the customer has, in fact, tendered the cheque in Drop-Box, Bank will consider payment of compensation in terms of the SBT Compensation Policy.
3. 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:
a. In case intimation regarding loss of instruments is conveyed to the customer beyond the time limit stipulated for collection (7/10/14) days as the case may be) interest will be paid for the period exceeding the stipulated collection period at the rates specified above.
b. In addition, bank will pay interest on the amount of the cheques for a further period of 15 days at Savings Bank rate to provide for likely further delay in obtaining duplicate cheques/instruments and collection thereof.
c. The Bank would also compensate the customer for any reasonable charges he/she incurs in getting duplicate cheque/instruments upon production of receipt in the event of instrument is to be obtained from a Bank/institution who would charge a fee for issue of duplicate instruments.
8. PROCEDURE FOR COLLECTION OF INTERNATIONAL CHEQUES/ INSTRUMENTS. 1. Bank handles at all its branches collection of cheques drawn in various foreign currencies and payable at various foreign centres on behalf of its customers against a declaration submitted by them. Bulk of the collection instruments are: -
a) US$ cheques {including Travellers Cheques (TCs)} payable in USA.
b) £ cheques (including TCs) payable in UK.
c) € cheques (including TCs) payable in Euro countries.
d) Cheques denominated in a currency other than the currency of that country and payable in that country.
e) Cheques denominated in Australian Dollar, Canadian Dollar and Singapore Dollar payable in their respective countries.
f) It is clarified that Travellers cheques issued by various Banks/Entities in various currencies will continue to be paid (by purchase) at designated branches as per bilateral arrangement in place, as advised by FED Ernakulam/ ISB Ernakulam from time to time.
g) The maximum value of foreign currency instruments to be purchased / taken for collection should not exceed the equivalent of Rs 10 lakhs.
2. Accordingly, the Policy for International Cheque Collection shall cover the following aspects:
i) Type of settlement process in foreign countries for collection of cheques.
ii) Arrangement for collection of cheques/instruments.
iii) Time–frame for collection of cheques.
iv) Interest payment for delayed collection, and
v) Collection instruments lost in transit.
3. Settlement Process in Foreign Countries for collection of cheque:
Collection of cheques at various foreign centres differ vastly from the process prevalent in India, both in advanced markets and developing countries and also from country to country within these two sub-groups. In some of the markets, clearing / settlement system can take more than 1 day i.e. 2-4 days for return clearing and therefore, for final funds settlement. Further, in some countries like USA the recall of funds from the collecting banker can occur even after the time for return clearing for an undefined period (normally up to one month), in cases where National Clearing involves more than one Fed Zone. There are also countries like Germany where cheques are no more the preferred mode of payments (replaced by online payments) and clearing takes place on a weekly basis. The brief description of different types of settlement processes in foreign countries has been given in Annexure III.
8.4 Arrangement for collection of foreign cheques/instruments: -
8.4.1 Our Foreign Exchange Department and International Service Branch use the service of different correspondent banks with large volumes, robust systems, suitable technology back up and country specific strengths to provide efficient service at competitive prices.
Different Correspondent banks offer varied customized products like Final Credit Service (FCS), Guaranteed No Return {GNR}], Cash letter etc to us for risk reduction, quicker collection, improved reconciliation etc. at various price points. International Service Branch is to sent Cheques drawn in foreign currency to the correspondent Banks under ‘Cash Letter’ system. In cases where branches have opened FCNR Fixed deposits against the cheques send for collection they should ensure that: -
a. FCNB receipt to be marked “subject to realisation of proceeds” b. No loan or premature encashment of such receipts will be permitted till realisation of proceeds c. Branch Manager should do the credit risk assessment before purchasing the cheques and opening FCNB Deposits
As no protection against frauds on the face of the cheques is available in such cheques sent for collection abroad (a recall is possible within 1 year) the facility of premature closure and loans, etc. against such deposits should be extended carefully and where branches are satisfied with the bonafide of the transaction and availability of recourse, if required.
Cheques of value less than USD 100 or equivalent in other currencies and miscellaneous currency instruments should be avoided as the handling charges incurred will be heavy.
8.5 Immediate credit of cheques to deposit accounts of individuals: -
8.5.1 Authorised branches of the Bank will offer immediate credit of cheques drawn in foreign currency for satisfactorily conducted accounts complying with KYC norms where they are satisfied with the scope for recourse, if required, and the customers are willing to pay the cheque purchase charges. The above service is available on all working days between Monday to Friday only as Saturday and Sunday are Forex holidays. In value terms, cheque purchases for issue of Rupee TDRs or otherwise may be authorised by Officials up to the discretionary power to purchase clean instruments. The amount in aggregate for a particular customer, will be as per the laid down financial powers for purchase of clean instruments, subject to the usual reporting to the next higher authority and also adhering to the instructions as in para 8(4).
8.5.2 If a cheque/instrument, for which immediate credit has been afforded, is returned unpaid, the Bank shall recover interest at clean overdraft rate for the period the Bank remained out of funds and also cheque return charges, correspondent bank charges and exchange loss, if any, subject to the following: i. Bank will charge interest from the date of credit of proceeds of the cheques in the account till reimbursement of money to the Bank.
i) Where the cheque is credited to a Savings Bank account, such credits will not be reckoned for interest purposes if the cheque is returned.
ii) If proceeds are credited in an overdraft/loan account, interest would be recovered at applicable rate/clean overdraft rate, whichever is higher, on the amount of returned cheques/instruments.
8.6 Time Frame for collection of instruments:-
The time frame from the date of deposit of a cheque at a branch to the date of credit to the customer’s account for USD, Euro, ₤ Sterling, Australian $, Canadian $, cheques / instruments payable in their home countries will be 20 days from the date of clear credit including cooling period. The time frame mentioned above is the outer limit and once the instruments are realized, subject to expiry of the relevant cooling period, if any, proceeds will be credited to the customer’s account.
7. Interest payment for delayed collection:-
As time for collection of instruments drawn on banks in different countries and even within a country from place to place varies, delay in collection of cheques payable at foreign centres will be construed if the customers account is not credited within 20 days, from the date of clear credit to the Bank’s Nostro Account i.e. after taking into account the prescribed cooling period for that currency with the respective correspondent.
1. For the sake of uniformity and clarity, the date of Clear Credit is defined as the date on which clear funds are available in our Nostro Account after an actual or notional cooling period – for actual credit to customers’ account as per Bank’s agreement with the concerned Correspondent Bank. Wherever there is no specific agreement on the cooling period or the funds are directly collected from a paying bank, the Clear Credit Date will be after observing a cooling period, as per the discretion of the Bank, for that specific currency/country/clearing system but not exceeding 10 calendar days from the date of actual credit to Bank’s Nostro Account.
2. The compensation on account of delays in collection of instruments in foreign currency would be as detailed below:
i) Savings Bank rate for the period of delay beyond 7/10/14 days as the case may be in collection of outstation cheques. (Refer Para 5.1) ii) Where the delay is beyond 14 days interest will be paid at the rate applicable to for term deposit for the respective period iii) 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 rate. iv) In the event of the proceeds of cheques under collection being required to be credited to an overdraft/loan account of the customer, interest will be paid at the rate applicable to loan account. For extra ordinary delays, interest will be paid at the rate of 2% above the rate applicable to the loan account.
3. Compensation as detailed above shall be paid without any formal demand from customers.
8.7.4. No separate compensation is payable by the Bank on account of movement in the values of the respective currencies. 5. International Cheques/instruments lost in transit/in clearing process In the event an international cheque or an instrument accepted for collection is lost in transit or in the clearing process, the Bank shall, immediately on coming to know of the loss of instruments, bring the same to the notice of the account holder so that the drawer can be informed to record stop payment. The Bank would also advise the correspondent/drawee bank all particulars of lost cheques/ instruments for exercising caution and provide all assistance to the customer in obtaining a duplicate instrument from the drawer of the cheques – if required. The Bank will arrange to get payment of the instrument based on the photocopy/scanned image of the instrument wherever the practice is prevalent. The Bank will bear the actual charges of recording Stop Payment instructions levied by drawee bank. The Bank would also reimburse the customer with actual charges levied by the drawer / bank in issuing duplicate cheques/instrument, subject to a maximum of Rs.250/-.
9. Display of Information
9.1. The salient features of the policy with regard to the collection period of outstation Cheques and interest payable thereon in case of delay shall be published on the notice board in a precise manner in bold / visible letters at conspicuous place in every branch.
9.2 A copy of the complete policy shall be made available by the Branch Manager, if the customer requires the same for reading.
10. FORCE MAJEURE: Bank shall not be liable to compensate the customers for delayed credit if some unforeseen event (including but not limited to civil commotion, sabotage, lockout, strike or other labour disturbances, accident, fire, natural disasters or other “Acts of God”, war, damage to the bank’s facilities or of its correspondent bank(s), beyond the control of the bank prevents it from performing its obligations within the specified service delivery parameters.
Annexure I
BRIEF DESCRIPTION OF TECHNOLOGICAL PROGRESS MADE BY THE BANK. A. Core Banking Solution: - Core Banking Solution (CBS) enables customers of banks to access their accounts and undertake transactions from any branch and enjoy the facility of any-branch banking. The benefits from use of this technology should get reflected in terms of better service to customers in tangible terms, especially in the area of cheque collection in the form of instant / same day credit in respect of local cheques, reduced time-frame for collection of inter-city cheques, covering more centres within the inter-city clearing scope etc. While some benefits are available to customers of CBS-enabled branches in some banks, it is necessary to extend the facility to customers of non-CBS-enabled branches of other banks if they tender cheques of our Bank. B. Centralised Clearing Processing Centre (CCPC) : - The basic objective of CCPC is to shift all non-customer facing activities related to paper based as well as electronic clearing and collection away from branches and do the same in a centralized manner with the highest level of efficiency, accuracy and safety. The CCPCs perform following activities:
a) Receiving pay-in slips and outward clearing instruments of all clearing types tendered by the customers through Drop –Box or across the counters at the linked branches, capture data thereof, present the instruments to the clearing house, mark inward returns, release funds in customer accounts and dispatch returned instruments to the customer in normal cases and to the branches in specific cases.
b) Receive inward clearing instruments of all clearing types from clearing house, post these to customer accounts, do technical verification and send the outward returns to clearing house.
c) Receive pay-in slips and outstation collection instruments tendered by the customers, through Drop-Box or across the counters, at linked branches, capture data thereof, send collections to the outstation branches/banks, mark returns, do SC realization transactions and dispatch returned instruments to the customers, in normal cases, and to the branches, in specific cases. d) Receive DD purchased (cheques) instruments from linked branches, prepare remittance schedules, dispatch to outstation branches, mark returns, do DDP realization transactions and dispatch returned instruments to the customers, in normal cases, and to the branches, in specific cases.
e) Handle all activities in a centralized manner for ECS and other electronic payment systems.
The following activities are beyond the scope of CCPC and will continue to be done by the respective home branches or CPCs: i) Credit decision in respect of any inward instruments or electronic payment. ii) Scrutiny of transactions in customer accounts mandated by any internal or external authority under Anti-Money Laundering Policy or any other measures.
iii) Amending customer level or account level details in CBS system for the purpose of collection of cheques/clearing of instruments.
C. Multicity Cheques (MCC):
A Multicity Cheque (MCC) is one that can be written by the customer in favour of his client and payable at par at all Core Banking branches of the Bank. The payee can present the cheque directly at any CBS branch or in clearing through his banker, provided at least one CBS branch is there in that centre. MCC is issued by CBS branches to customers of SB, CA and CC accounts in addition to normal cheque books. It is a personalized cheque book with customer details and is issued to customers having accounts under designated schemes of the Bank. The upper limit for issue of MCC cheques varies according to the product under which it is issued and is subject to recovery of usual service charges. D. MICR Clearing Centre :-
To expedite speedy collection of MICR instruments, RBI has introduced 66 MICR-Clearing Centres across the country for collection of Inward and Outward Clearing of MICR cheques/instruments (list placed at Annexure-II). Under the Scheme, MICR instruments received in the Drop-Boxes as also across the counter are segregated and sent to Service Branch for onward presentation to MICR Clearing Centre for expeditious clearing and speedy realization of proceeds. The MICR Clearing Centres are functional both at Centralised Clearing Processing and non-Centralised Clearing Processing Centres.
E. Speed Clearing System :- In order to extend the benefits available to the customers of CBS enabled branches to the customers of non-CBS branches of others banks, RBI has introduced the Speed Clearing System which requires banks to leverage their CBS system and to introduce the concept of any-bank banking for non-local cheques. For the same, it is necessary to have an arrangement to clear the cheques presented by customers at a bank branch, drawn on any outstation CBS enabled branch of any other bank. Since the issue of accounting and maintenance of a settlement account, as also physical movement of cheques and logistics are involved, it is ideal to have a separate arrangement /set-up for this purpose. This separate arrangement, styled as “Speed Clearing” for collection of outstation cheques drawn on CBS branches, has the following distinguishing features: a) Banks, members of the Speed Clearing System, need to designate a local, CBS–enabled branch for accepting from other banks cheques drawn on their own outstation, CBS-enabled branches b) All cheques drawn on CBS branches need to be branded suitably in order to identify them. c) The designated local branch can use the CBS solution to take the decision on whether to pay or not to pay cheques drawn on outstation CBS-enabled branches. d) Once the fate of the cheque is known, the customer gets the benefit of funds on the same day, as is the case in respect of local cheques clearing at present. e(i) Accordingly, customers can enjoy the benefits of CBS technology by having the ability to encash any cheque drawn on any CBS-enabled branch of any bank locally, since the cheque acquires the character of being ‘local’ at any city where it is presented. e(ii) As on date, "Speed Clearing" is operational at all MICR locations (List given in Annexure II). As on 31.05.2012, "Speed Clearing" is operational at 1225 locations (including 86 centres in Kerala) through out the country (List is available at the following link http://rbidocs.rbi.org.in/rdocs/content/Docs/10002_LSCC.xls.). Branches linked to Speed Clearing system are advised to collect all outstation cheques/instruments drawn on CBS branches of banks participating in Speed Clearing locally and to ensure that those instruments are not presented through National/Inter-city Clearing (managed at 15 locations by RBI). e(iii) In order to facilitate migration of clearing of outstation cheques to Speed clearing at a faster pace, as also to align the charge-structure for collection of such cheques with the charges prescribed under other collection process, it has been decided by RBI to permit banks to levy charges at a rate not exceeding `.150/-+ service tax as applicable [` 168/- at present], per instruments for clearing high value instruments, i.e. for cheques of value above Rs.1 lac presented in Speed Clearing. Banks shall, however, not levy any additional charges for clearing cheques up to and including Rs.1 lac in Speed Clearing, in the interest of better services to small value customers. F. CHEQUE TRUNCATION SYSTEM
Cheque Truncation System is the process whereby images of cheques are scanned and electronically sent to the concerned branches, for inward and outward clearing, instead of physical movement of the relative instrument. In the process, the paying branch will receive the images for inward clearing and, if found to be in order, will pay and send facsimile of cheque back to the clearing centre and vice versa. At present, the Cheque Truncation System (CTS) project has been implemented on pilot basis in two centres viz, New Delhi and Chennai.
Annexure II
|Reserve Bank of India |
|List of MICR Centres |
|SI. NO. |NAME |CITY CODE |SI. NO. |NAME |CITY CODE |
|1 |AGRA |282 |42 |MANGALORE |575 |
|2 |AHMEDABAD |380 |43 |MUMBAI |400 |
|3 |ALLAHABAD |211 |44 |MYSORE |570 |
|4 |AMRITSAR |143 |45 |NAGPUR |440 |
|5 |ANAND |388 |46 |NASHIK |422 |
|6 |AURANGABAD |431 |47 |NEW DELHI |110 |
|7 |BANGALORE |560 |48 |PANJIM |403 |
|8 |BARODA |390 |49 |PATNA |800 |
|9 |BELGAUM |590 |50 |PONDICHERRY |605 |
|10 |BHAVNAGAR |364 |51 |PUNE |411 |
|11 |BHILWARA |311 |52 |RAIPUR |492 |
|12 |BHOPAL |462 |53 |RAJKOT |360 |
|13 |BHUBANESHWAR |751 |54 |RANCHI |834 |
|14 |CHANDIGARH |160 |55 |SALEM |636 |
|15 |CHENNAI |600 |56 |SOLAPUR |413 |
|16 |COIMBATORE |641 |57 |SURAT |395 |
|17 |CUTTACK |753 |58 |TIRUCHIRAPALLI |620 |
|18 |DEHRADUN |248 |59 |TIRUNELVELI |627 |
|19 |ERNAKULAM |682 |60 |TIRUPUR |641 |
|20 |ERODE |638 |61 |TRICHUR |680 |
|21 |GORAKHPUR |273 |62 |TRIVANDRUM |695 |
|22 |GUWAHATI |781 |63 |UDAIPUR |313 |
|23 |GWALIOR |474 |64 |VARANASI |221 |
|24 |HUBLI |580 |65 |VIJAYWADA |520 |
|25 |HYDERABAD |500 |66 |VISAKHAPATNAM |530 |
|26 |INDORE |452 | | | |
|27 |JABALPUR |482 | | | |
|28 |JAIPUR |302 | | | |
|29 |JALANDHAR |144 | | | |
|30 |JAMMU |180 | | | |
|31 |JAMNAGAR |381 | | | |
|32 |JAMSHEDPUR |831 | | | |
|33 |JODHPUR |342 | | | |
|34 |KANPUR |208 | | | |
|35 |KOLHAPUR |416 | | | |
|36 |KOLKATA |700 | | | |
|37 |KOTA |324 | | | |
|38 |KOZHIKODE |673 | | | |
|39 |LUCKNOW |226 | | | |
|40 |LUDHIANA |141 | | | |
|41 |MADURAI |625 | | | |
Annexure III
BRIEF DESCRIPTION OF DIFFERENT TYPES OF SETTLEMENT PROCESSES IN OTHER COUNTRIES
1. Uniform Commercial Code (UCC) :- UCC is the basic legal framework for cheques payment in USA. The rights of drawer of the cheques, the collecting banker and the paying banker are significantly different from the position obtaining in India. The collecting banker enjoys no protection while the paying banker enjoys all the protection in case of a cheque with any alterations (signature, amount, payee, etc.) for a period of at least 1 year. For endorsement related frauds and disputes, the periods is 3 years. For treasury cheques the period is even longer at 7 years. In Euro countries and England, the legal status and practices relating to clearing systems, return instruments and protection to paying banks and collecting banker are similar to those in USA – for frauds, generally, recall of funds by paying Banker beyond 2 weeks or so does not normally happen in these countries.
As customers cannot be made to wait for longer periods to get payment, Banks have devised a system to afford credit after a reasonable cooling period. Cooling Period is the period upto which the Bank will wait, after the credit of proceeds of cheques to its Nostro Account, for a possible return/recall in terms of its experience depending upon the practice followed abroad or special arrangement with the Correspondent Banks. In some cases ($FCS, Euro), while there is no additional cooling period, the Nostro Credit itself is afforded by the Correspondent Bank after the required cooling period at their end. 2. Guaranteed No Return (GNR):- Under this system, which is available for collection drawn on banks in USA, the correspondent bank agrees to ensure that no return will be effected after say 10 business days of payment advice. Based on such a service contract (at a small price), after adding the courier time within India and for USA (4 days), processing time in India for preparing a “Master Cash Letter” (cheques collection schedule) – 1 day and processing time for the Correspondent Bank in USA (1-2 business days) a total of about 17 business days or 21 calendar days (including Saturdays, Sundays and Holidays) are required for credit to be afforded to the beneficiary in India. However, this service does not offer any protection against frauds – where refund can be demanded much later – and is therefore used for cheques of value up to US $10,000 only.
3. Final Credit service
Another service available in USA is the Final Credit Service (FCS) where some due diligence is applied by the correspondent bank at a significantly higher cost (between US$ 5 – 10). In this case, while there is no additional cooling period, the credit is passed on to the Bank after 6 to 15 working days, depending on the arrangement with the correspondent bank and the State (location) in USA where the cheque is ultimately payable. While this service improves the level of security or comfort, it normally does not reduce time and is always costlier and is, therefore, normally used for high value cheques for over US$10,000 only.
FCS services are available only for USD cheques payable in USA only. For Euro, ₤ and cheques in all other foreign currencies, services like GNR, or plain cash letter service is offered by Correspondent Banks.
4. Check 21 System:
USA has already moved to Image processing technology under Check 21 system as an additional settlement process, which may eventually replace the processing of physical cheques and other advanced countries are likely to move to similar system over the next few years. This will reduce the time taken for collection by reduction / elimination of courier time. Decentralised scanning (at say 10 important centres in the country) and collection based on Image Based processing under Check 21 will reduce the realization period by about 2 to 5 days depending upon the location of the collecting branch in India.
B.
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stipulate that all amounts are due on demand; therefore, Buck should consider the draws as…
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