Factor Affecting Job Satisfaction in Banks

A Banker on whom a check into is drawn should pay the withdraw when it is presented for recompense. * This stop paying function is a distinguished wizard of a banking concerner. * This obligation has been imposed on him by sec. 31 of the N. I Act, 1881. * A banker is rebound to notice his customers cheque, to the extent of the funds receiptsable and the existence of no legal bar to payment. Again, for making payment the cheque moldiness(prenominal)iness be in order and it must be duly presented for payment at the branch where the account is kept. * The paying banker should use clean care and diligence in paying a cheque, so as to abstain from either scrapion likely to damage his customers credit. * If the paying banker wrongfully dis complys a cheque, he will be asked to pay heavy damages. * At the same succession, if he makes payment in a hurry, even when there is sufficient balance, the banker will non be allowed to debit the customers account.If he does so, it w ill list to sanctioning of overdraft without prior arrangement, and later on, the customer raise claim it as spring and compel the banker to pay cheque in the absence of sufficient balance. His position is very precarious and is in between the devil and the deep sea. PRECAUTIONS BEFORE notice A CHEQUE In order to safeguard his position, the paying banker has to observe the following precautions before honouring a cheque. Presentation of The bridle (a) Type of the cheque forward honouring a cheque, he must find out the type to which it be retentives.Cheques whitethorn generally be of two types- open or crossed. If it is an open one, the payment whitethorn be do at the counter. If it is crossed, the payment must be made only to fellow banker. If it is specially crossed, the payment must be specifically made to that banker in whose favour it has been crossed. If there are A/C Payee and Not Negotiable crossings the paying banker need not worry, as they are the directions only to the compile banker. If the paying banker pays a cheque contrary to the crossing, he is credible to the drawer. Therefore, he must pay special attention to the type of a cheque. b) Branch The pay banker should see whether the cheque is drawn on the branch where the account is kept. If it is drawn on another branch, without either prior arrangement, the banker can safely government issue the cheque. (c) level Even in the same branch, a customer might have opened two or more accounts. Hence, the paying banker should see that the cheque of one account is not used for withdrawing money from another account. (d) Banking hours The paying banker should also note whether the cheque is presented during the banking hours on a business day. stipend outside the banking hours does not amount to payment in imputable course. e) Mutilation If a cheque is torn into pieces or cancelled or mutilated, then, the paying banker should not honour it. He should return the cheque for the drawers confir mation. In a case cheque is torn accidentally, the drawer must confirm it by writing much(prenominal) wrangle as Accidentally torn by me and affixing his full signature. A cheque torn into two or more pieces is generally returned with a remark mutilate. Form of cheque Printed form The cheque must be in masterper form. It must satisfy all the requirements of law. The customers should draw cheques only on the printed leaves supplied by the bankers.Unconditional order The cheque should not contain any condition. If it is a conditional one, the paying bankers position will become critical and he whitethorn not honour it. Date Before honouring a cheque, the bank must see whether there is a date on the means. If it is undated, it cannot be regarded as a valid instrument. If a cheque is ante- dated, it may be paying if it has not become stale by that time. A cheque, which is presented after six months, from the date of its issue, is a stale one. If a cheque is post- dated, he should ho nour it only on its due date.Amount The succeeding(prenominal) important precaution is that the banker should see whether the amount stated in the cheque, both in words and figures, agree with each other. If the amount is stated only in figures, the banker should return it with a remark Amount required to be stated in words. still if the amount stated only in words, the banker may honour it. Supposing , there is a difference in the amount stated in words and figures, then the banker can take any one of the following courses available to him i) He can dishonour the cheque with a memorandum words and figures differ or i)He can honour the amount stated in words According to Sec. 18 of the N. I. Act, if the amount downstairstaken or request to be paid is stated differently in figures and words, the amount stated in words shall be the amount undertaken or ordered to be paid. However in practice, if the difference is insignificant, payment is sometimes made. But usually the paying ba nker returns the cheque under such circumstances, since there is an audit objection to the practice of honouring such cheques. III. Sufficient balance There must be sufficient balance to meet the cheque.If the funds available are not sufficient to honour a cheque, the paying banker is justified in returning it. So, before honouring a cheque, he must check up the present state of his customers account. IV. Signature of the drawer The next important duty of a paying banker is to compare the signature of his customer found on the cheque with that of his specimen signature. If he fails to do so and if he pays a cheque , which contains a forged signature of the drawer, then, the payment will not amount to payment in due course. Hence, he can not claim protection under Sec. 85 of the N. I. Act.If the signature has been too skillfully forged for the banker to find it out, even then the banker is liable. However, if the customer facilitates the forgery of his signature by his conduct, then, the banker will be relieved from his liability. Legal bar The existence of legal bar like confiscate Order limits the duty of the banker to pay a cheque. confiscate order refers to the order issued by a court attaching the funds of the judgment debtor (i. e. , the customer) in the hands of a third party (i. e. , the banker). The term Garnishee refers to the mortal who has been served with the order.This Garnishee proceedings comprise of two steps. As a first step Garnishee Order nisi will be issued. Nisi means unless. In other words, this order gives an opportunity to the banker to prove that this order could not be enforced. If the banker does not make any counterclaim, this order becomes absolute one. This attach Order absolute actually attaches the account of the customer. If it attaches the whole amount of a customers account, then, the banker must dishonour the cheque drawn by that customer. He can honour his cheques to the extent of the amount that is not garnished. Endor sementBefore honouring a cheque, the banker must verify the regularity of endorsement, if any, that appears on the instrument. It is more so in the case of an order cheque, which requires an endorsement before its delivery. For instance, if there is per pro endorsement, the banker must find out the existence of authority. Failure to do so constitutes slight on the part of the paying banker. Per pro endorsement is an endorsement made by an authorized agent. Prior information about the delegation of authority to the agent must have been given to the banker. Otherwise, a banker is not legally bound to accept this type of endorsement.CIRCUMSTANCES UNDER WHICH A CHEQUE CAN BE DISHONORED Countermanding Countermanding is the nurture given by the customer of a bank requesting the bank not to honour a particular cheque issued by him. When such an order is received, the banker must refuse to pay the cheque. If a customer informs by telephone or telegram regarding the stopping payment of a c heque, the banker should diplomatically delay the payment, till pen instructions are received. If the situation is very critical, he can return the cheque by giving a suitable answer like payment countermanded by telephone and postponed pending confirmation. Therefore, countermanding instructions, once received, must be kept as a constant record. A stopped payment register may be maintained for ready reference. Upon the receipt of notice of death of a customer When a banker receives written information from an authoritative source, (preferably from the nearest relatives) regarding the death of a particular customer, he should not honour any cheque drawn by that deceased customer. If the banker is unaware of the death of a customer, he may honour the cheque drawn by him.Death puts an automatic end to the contractual relationship between a banker and his customer. Upon the receipt of notice of insolvency once a banker has knowledge of the insolvency of a customer, he must refuse to pay cheques drawn by him. Upon the receipt of notice of insanity Where a banker receives notice of a customers insanity, he is justified in refusing payment of the cheque drawn by him. The banker should make a careful note, when the lunacy order is received. It is advisable that the banker should act upon a explicit proof of the customers insanity like a doctors certificate, a court order etc.Upon the receipt of notice of assignment The bank balance of a customer constitutes an asset and it can be assigned to any person by giving a letter of assignment to the banker. Once an assignment has been made, the assignor has no legal rights over the bank balance and therefore, if any cheque is drawn by him, the banker should refuse to honour it. When a breach of religion is intended In the case of a trust account, mere knowledge of the customers intention to use the trust funds for his personal use, is a sufficient reason to dishonour his cheque.Defective title If a person who brings a ch eque for payment has no title or his title is defective, the banker should refuse to honour the cheque presented by him. For instance, a person who brings a cheque, which has been countermanded or which has been forged, has no title to it. statutory Protection to a Paying Banker Supposing, a paying banker pays a cheque, which bears a forged signature of the payee or endorsee, he is liable to the true owner of the cheque. But, it is quite unjustifiable to make the banker responsible for such errors.It is so because he is not expected to know the signature of the payee or the endorsee. Therefore, law relieves the paying banker from his liability to the true owner in such cases. This relief is known as statutory protection. To claim protection under Sec. 85 of the N. I. Act, 1881, the banker should have fulfilled the following conditions * He should have paid an order cheque. * Such a cheque should have been endorsed by the payee or his order. * It should have been paid in due course. PAYMENT IN DUE COURSE The cheque should have been paid in due course as per Sec. 0 of the N. I. Act. This concept of payment in due course has three essential features (I) Apparent tenor of the instrument To avail of the statutory protection, the payment should have been made according to the apparent tenor of the instrument. The apparent tenor refers to the intention of the parties, as it is evident from the face of the instrument. Example If a drawer draws a cheque with a post date, his intention is to make payment only after a certain date. If it is paid before the due date, this payment does not amount to payment in due course.So also, the payment of a countermanded cheque does not amount to payment in due course. (ii) Payment in good opinion and without negligence Good faith forms the basis of all banking transactions. As regards negligence, the banker may sometimes be slipshod in his duties, which constitutes an act of negligence. If negligence is proved, the banker will lo ss the statutory protection given under Sec. 85. Example * Payment of a crossed cheque over the counter. * Payment of a post-dated cheque before maturity. * Failure to verify the regularity of an endorsement. iii)Payment to a person who is entitled to receive payment The banker must see that the person, who presents the cheque, is in possession of the instrument and he is entitled to receive the amount of the cheque. Protection to a bearer cheque Now this protection has been extended to bearer cheques also under sec. 85(2). If a bearer cheque is paid in due course, the banker is entitled to get protection. Statutory Protection in the case of a Materially Altered Cheque A paying banker cannot normally claim any statutory protection for a materially altered cheque. However Sec. 89of the Negotiable instrument Act.Gives protection in the case of a materially altered cheque provided, (1) He is liable to pay, (2)Such an alteration is not apparent and, (3) The banker has made the payment i n due course. recuperation of Money Paid by Mistake Under the following circumstances, money wrongly paid can be recovered- (i)Money received mala fide is recoverable When a person receives money by mistake in bad faith, knowing that he is not entitled to receive that money, then, the banker is entitled to recover the same. (ii) Money paid under a mistake of fact is recoverable For instance, a banker pays money to X, thinking that he is Y.This is a mistake of fact regarding the identity of the parties. Y is under a legal duty to pay the money back to the banker. COLLECTING BANKER A collecting banker is one who undertakes to collect the amount of a cheque for his customer from the paying banker. In collecting a cheque, the banker can act in two capacities namely (1) as a toter for value, and (2) as an agent for collection. The banker would be as a holder for value (a) If he allows his customers to withdraw money before cheques paid in for collection are actually self-possessed and credited. b) If any open cheque is accepted and the value is paid before collection, and (c) If there is a reduction in the overdraft account of the customer before the cheque is collected and credited in the respective account. In all these cases, the banker acquires a personal interest. A Banker as an agent In practice, no banker credits a customer account even before a cheque is collected. He collects a cheque on behalf of a customer. So, he cannot acquire any of the rights of a holder for value. He has to act only as an agent of the customer. Duties of A put in Banker i) Exercise reasonable care and diligence in his collection work When a banker collects a cheque for his customer, he acts only as an agent of the customer. He should exercise reasonable care, diligence and skill in collection work. (ii) Present the cheque for collection without any delay The banker must present the cheque for payment without any delay. If there is delay in presentment, the customer may suffer lo sings due to the insolvency of the drawer or insufficiency of funds in the account of the drawer or insolvency of the banker himself. In all such cases, the banker should bear the loss. iii) Notice to customer in the case of dishonour of a cheque The N. I. Act has prescribed a reasonable time for giving the notice of dishonour. If he fails to do so, and consequently, any loss arises to the customer, the banker has to bear the loss. (iv) Present the bill for acceptance at an early date As per sec. 61 of the N. I. Act, a bill of exchange must be accepted. If a banker undertakes to collect bills, it is his duty to present them for acceptance at an early date. (v) Present the bill for payment The banker should present the bills for payment in proper time and at proper place.If he fails to do so and if any loss occurs to the customer, then, the banker will be liable. According to Sec. 66 of N. I. Act a bill must be presented for payment on maturity. (vi) Protest and note a foreign bill f or non-acceptance In case of dishonour of a bill by non-acceptance or non-payment, it is the duty of the collecting banker to inform the customer immediately. Generally he returns the bill to the customer. In the absence of specific instructions, collecting bankers do not get the upcountry bills noted and protested for dishonour.If the bill in question happens to be a foreign bill, the banker should have it protested and noted by a notary public and then forwarded it to the customer. Statutory Protection to the collecting Banker According to sec. 131 of the N. I. Act, statutory protection is available to the collecting Banker in the following cases (i)Crossed cheques only a collecting banker only for crossed cheques can claim statutory protection. It is so because, in the case of an open cheque, it is not absolutely necessary for a person to seek the service of a bank. ii) Collections on behalf of customers as an agent a banker only can claim the above protection for those cheques collected by him as agent of his customers. iii) In good faith and without negligence In order to get the protection under this section, a collecting banker must act in good faith and without negligence. Matter of negligence is of great importance. Basis of negligence When a collecting banker wants to claim protection under Sec. 131, he has the burden of proving that he has acted without negligence.Gross negligence If a banker is completely careless in collecting a cheque, then, he will be held liable under the ground of gross negligence. Examples Collecting a cheque crossed A/C payee for other than the payees account Account payee crossing is a direction to the collecting banker. If he collects a cheque crossed A/C payee for any person other than the payee, then, this fact will be proved as an evidence of gross negligence. FAILURE TO VERIFY THE CORRECTNESS OF ENDORSEMENT If a banker omits to verify the correctness of endorsements on cheques payable to order, he will be deprived of the statutory protection. i)Failure to verify the existence of authority in the case of per pro signatures If a collecting banker fails to verify the existence of authority in the case of per pro signatures, if any, will be proved as an evidence of gross negligence. (ii) omission connected with the immediate collection If, on the face of a cheque, there is a warning that there is misappropriation of money, the collecting banker should make some reasonable enquiry and only after getting some satisfactory explanations, he can proceed to collect cheques.Examples * Collecting a cheque drawn against the principals A/c, to the private A/c of the agent without enquiry. * Collecting a cheque payable to the firm to the private A/c of a partner without enquiry. * Collecting a cheque payable to the company to the private account of a director or any other officer without enquiry. * Collecting a cheque payable to the employer to the private account of the employee would constitute negligence under sec. 131 of the N. I. Act. * Collecting a cheque payable to the trustee, to the private account of the person operating the trust account is another instance of negligence of a banker. iii) Negligence under Remote Grounds Normally, we cannot expect a banker to be liable under certain circumstances. But, the bankers have been held negligent under those situations, which are branded as remote grounds. Examples * Omission to obtain a letter of introduction from a new customer causes negligence. * Failure to enquire into the source of supply of large funds into an account, which has been kept in a poor condition for a long time, constitutes negligence.