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11.

Breaking Open a Locker


11.1 Sometimes its becomes necessary to brealc open a locker. For this purpose, the
branch should obtain template and other requisite tools from the supplier of locker
cabinet. To prevent any misuse of template, it is necessary to take the following
precautions:
(a) The template should be kept under the joint custody of Manager or Asst.
Manager Chief/Head Cashier.
(b) At the time of breaking open the locker, the template should not be given
to t*he mechanic. The bank's Officer, with the help of the template, should
mark position of the holes corresponding with the holes in the template,
when neither mechanic nor any outsider is present. Only after the holes

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have been marked, should mechanic be called in to drill the holes and
remove the lock. This is to avoid any possibility of giving the mechanic an
idea to make a copy of the template.
11.2 Occasions for breaking open a Locker may arise in the following circumstances:
(a) Hirer loses the Locker's key.
* (b) Rent on Locker becomes overdue.
11.3 Breaking Open of Locker Due to Loss of Key
When intimation has been received from hirer(s) about loss of key, the following
procedure should be adopted for breaking open the Locker :-
(a) An application should be obtained from hirer(s) requesting for breaking open
the Locker.
(b) The charges for breaking open the Locker should be realised from the hirer
in advance and kept in Sundry Creditors Account.
(c) An appointment should be made with the agents of the makers of lockers
cabinet, to send their mechanic to drill open the Locker in consultation with
the hirer(s).
(d) Locker should be broken open in the presence of the hirer(s), the l^anager.
Asst. Manager and Custodian of the locker cabinet, and one respectable
witness. A suitable remark about breaking open of Locker should be made
in Locker Register, Renewal Dairy and Specimen Signature Card.
(e) The lock and door of the Locker which may be broken open, should -be
sent to manufacturers for repair.
(f) When the door and lock are received back duly repaired by the company,
the balance of deposit lying in Sundry Creditors Ale after deducting comany's
charge and our incidental charges of Rs. 100/- should be refunded to hirer.
(g) The hirer should be informed, when the Locker has been refitted, to come
and collect the new key if the hirer still required the Locker.
(h) Where requested, the hirer may be allotted for a temporary period of three
months another Locker against payment of Rs. 100/-. For this purpose one
of the Lockers surrendered by another hirer may be let out pending
replacement of the lock of the Locker broken open.
Note : (i) No Locker should be broken open without the written consent of
hirer(s).

(ii) In no case should a Locker be allotted to be broken open or

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the lock be replaced by a mechanic who is not a representative I


of the manufacturer of the cabinet. . _ I

11.4 Breaking Open of Locker Due to Non Payment of Rent


In case of rent being outstanding for a very long period and all efforts to recover |
the rent (such as sending of reminders on Forms No. G 119, G 119A, G 1198
and G 119C) or to contact the party fail, the matter should be reported to
Regional i-iead for necesary instructions. When permitted by Regional Head, the
Locker should be broken open and in doing so the following procedure should
be adopted:

(a) A final registered and acknolwdgement due notice should be sent to the
hirer as per draft given in Annexure II. This notice should give him one ,i
month's time to pay over due rent. !
(b) If there is no response form the hirer during the period of notice, if is
advisable to wait some more time say a fortnight and then to make
arrangements with the agent of the manufacturers of locker cabinet for
breaking open the Locker. After the Locker is drilled open, the door and
lock should be sent to manufacturers for repair. All expenses incurred may
be debited to Working Expenses Miscellaneous Ale pending their recovery
from hirer(s). A suitable remark about breaking open of the Locker, should
be recorded in Locker Register, Renewal Diary, and Specimen Signature Card.
11.5 In many cases it has been observed that when the parties who have hired the \
lockers had to be broken open and fix a new locker at a considerable cost which |
is besides the loss of rent which sometimes ranges between three to five years. -
In such cases the branch should opt for deposit provided in para 3.4.3 and |
enforce the right of set off on the same in case the locker is to be broken
open. i
. • ' j__ I

Note : Bank has signed the following Indemnity Bond in favour of M/s. Godrej j
& Boyce Mfg. Co. Private Ltd. Bomaby in connecion with breaking open
of lockers in the absence of hirers:

'In consideration of your having, at our request agreed to break open !


the Safe Deposit Lockers at the various branches of our bank as and i
when we request you to do so, in the absence of the respective hirers, j
we so as to bind ourselves and our successors and assigns agree to
keep you indemnified, safe and harmless against all actions, proceedings,
claims or demands of any expenses and damages which you may have
to pay, sustain or incur by reason of or in consequence of your breaking
^ open the said deposit lockers at our request as aforesaid."

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It Will be observed that as the above bond covers all branches which has
been given to the Head Office of M/s. Godrej & Boyce Mfg. Co. Private
Ltd. at Mumbai, no separate indemnity need be issued by any of our
branches, should an occasion arise for breaking open Lockers at such
branches.
t

(c) The locker should be broken open in the presence of the Manager, the
Asstt. Manager, the custodian and two respectable customers. Where it is
found difficult to get customers as witnesses it would be in order for the
branch to take the services of any two respectable citizens of the locality
and/or the bank's lawyers for bearing witness to such events so far as the
bank's lawyer is concerned his charges would be required to be paid and
should be added to the dues of the defaulting hirers of the bank.
(d) After breaking open of the Locker, a detailed inventor/ of the contents
(including cash) should be made in triplicate and signed in full by all the
witnesses. If the Locker is found empty, it should be so stated in inventory.
Form of suggested inventory is given in Annexure.III.

(e) The contents other than cash should be kept in a packet which should be
sealed and signatures of all persons concerned put thereon. The cash if
found in the Locker, should be credited, to Sundry Creditors Account for
payment to hirer in due course. Full particulars should be stated in the
relative voucher under authentication of all the witnesses. The packet
containing contents of the Locker together with original copy of the inventory
should be kept in safe custody for delivery to hirer in due course. Second
copy of the inventory should be sent to Controlling Office and third copy
kept in branch file.

(f) A report of the action taken, the name of persons before whom the locker
was opened and a copy of the inventory should be sent to Controlling Office
for further instructions.
(g) The hirer may be allowed to remove the contents of the Locker on the
paying up the arreas of rent, the various expenses incurred in breaking
open the locker and repair of lock of door and their refitting. His
acknowledgement should be obtained on the bank's copy of the inventory
prepared as above.
(h) In case the Locker on being broken open is found empty, a further notice
should be sent to hirer(s) as per draft given in Annexure IV.
(i) However, if some items are found in the Locker, the next step is to auction

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a portion tiiereof whiicli may be considered sufficient to fetcin an amount


equal to bank's dues.
In terms of clause 8 of Agreement, on reverse of Application Form (G-88)
the bank has a right to sell the contents of the Locker for realisation of
rent and other charges. After obtaining permission from Regional Office,
arrangements should be made for auction. But before auctions a notice
should be sent to hirer(s) as per draft given in Annexure V.
0 ) At the time of auction proper list of bids of sales^be prepared by the
Manager and Custodian in the presence of two respectable persons. If should
be got signed by bidders. I
After the auction is over, the amount of sale proceeds be appropriated \
towards the bank's dues, retaining the balance, if any, in Sundry Creditors
Account. An intimation about the auction and the appropriation of sale
proceeds towards the bank's dues should be sent to the hirer(s) at the i
address recorded with the Bank as per draft given in Annexure VI. '
If the proceeds of auction are not sufficient to meet the bank's charges,
steps should be taken to recover the balance amount from hirer(s). '

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