Professional Documents
Culture Documents
(10/1/2023)
ORIGIN OF BANKING
The name bank is derived form the Italian words “Banco” refers to
desk/bench or in French word “Banque”.
A system of banks had been devised as early as 2000 B.C by the
Babylonians.
The first bank in the world was established in the year 1157 called
The Bank of Venice.
https://www.youtube.com/watch?v=VksG_1r-gH8
During the Pre Independence period over 600 banks had been registered in the
country, but only a few managed to survive.
Following the path of Bank of Hindustan, various other banks were established in
India. They were:
The General Bank of India (1786-1791)
Oudh Commercial Bank (1881-1958)
Bank of Bengal (1809)
Bank of Bombay (1840)
Bank of Madras (1843)
Presidential Banks
During the British rule in India, The East India Company had
established three banks: Bank of Bengal, Bank of Bombay and Bank
of Madras and called them the Presidential Banks.
These three banks were later merged into one single bank in 1921,
which was called the “Imperial Bank of India.”
The Imperial Bank of India was later Nationalised in 1955 and was
named The State Bank of India, which is currently the largest Public
sector Bank.
Given below is a list of other banks which were established during the
Pre-Independence period:
Following it was the formation of State Bank of India in 1955 and the other
14 banks were nationalised between the time duration of 1969 to 1991. These
were the banks whose national deposits were more than 50 crores.
In the year 1980, another 6 banks were nationalised, taking the number to
20 banks.
1. Andhra Bank
2. Corporation Bank
3. New Bank of India
4. Oriental Bank of Comm.
5. Punjab & Sind Bank
6. Vijaya Bank
All these banks were later merged with the State Bank of India in 2017,
except for the State Bank of Saurashtra, which merged in 2008 and State
Bank of Indore, which merged in 2010.
Impact of Nationalisation
There were various reasons why the Government chose to nationalise the
banks.
Fact No. 1:
Fact No. 2:
-------------- the largest among all the nationalized banks after SBI.
Punjab National Bank
Banking
Banking means the accepting, for the purpose of lending or investment,
of deposit of money from the public, repayable on demand or otherwise,
and withdrawal by cheque, draft, order or otherwise.
Banks
Banks refers to an institutions or any other, who accept deposit form the
public through various scheme and lends the same amount to the needy
people and perform agency functions.
Features:
Customer:
The word customer has been derived from the words ‘custom’ which
means a ‘habit of tendency to do things in a regular or a particular
manner’s.
FUNCTIONS
Primary Function
ii) Demand Deposit: Theses are the deposit which can be withdrawn by
the customer at any time by means of cheque, draft or any other specified
mode.
Advancing of loans:
Overdraft: It is an arrangement with the bankers thereby the customer is allowed to draw
money over and above the balance in his/her account for a short term with certain
percentage of interest charged.
Discounting Bills: It is one of the primary operation of bank where the bank purchase
inland and foreign bills before these are due for payment by the drawer debtors, at
discounted values.
E.g. if a bank accepted a discounted customer bill of Rs.1,00,000 to Rs.90,000 and the
benefit to the bank is Rs.10,000 as waiting charge till the due date of the bill.
Loans and Advances: It include both demand and terms loans, direct loans and advances
given to all types of customer against personal security. The loan amount is paid in cash or
credit to customer account which the customer can draw at any time.
(11/1/2023)
Credit creation
These appears when a banks sanction a loan to a customer, it does not
give cash to him, but, a deposit account is opened in his name and the
amount is credited to his account. He can withdraw the money whenever
he needs. thus , whenever the bank sanction a loan it create a deposit, in
this way bank increase the money supply. Such function is known as
“credit creation”.
Secondary function
Agency function:
Banks serve as an agent on behalf of the customer by performing various
services:
i) to collect and clear cheque, dividends and interest warrant
ii) to make payment of rent, insurance premium
iii) to purchase or sell securities
iv) to accept tax proceeds and tax return.
Secondary Relationship
Bailee is a person who possess the goods which belongs to other called
the bailor.
RIGHT OF BANKERS
4. Bankers right to set off: banker’s right to set off is a statutory right of
banker to combine two or more accounts of customer which has debit
and credit balance and it is being done to know the net balance due from
the customer or by banker.
e.g Mr.X has a saving account with ABC Bank and the balance is
Rs.15,000 and in the same bank he has a loan account of Rs. 10,000. here
the bank can combine both account to know the net balance due to
customer or from the customer.
Clayton’s law: “clayton law states that, as per law, the apportionment
of debt should be chronological one. i.e first side of the debit should
be cleared by the first side of the credit amount.
8. Right under garnishee order: when a person obtain any loan from
bank and not paid the debt even after the specified period and if bank
knows that any third party owes money to the banks debtor, at that
circumstances banker can approach court to issue Garnishee order
Garnishee order is an order issue by court to third party for not to make
any payment to judgment debtor till further court direction and this order
will be issue by the request of judgment creditor.
Step 1 – “order Nisi” : order nisi is the first phase of court order given to
garnishee, on receipt of order nisi garnishee must suspend the account of
customer and stop the payment to customer and he should inform the
same to customer in order To avoid dishonor of cheques. Here court seeks
explanations from the bank as to why the amount in the account should
not be utilize for making payment to judgment creditor and bank should
wait until further order from the court.
II . OBLIGATION
Statutory obligation to honour customer cheque:
The banker must honour the customer cheque in the following situations:
Bank is liable to pay damages to the customer for loss of money and
reputation due to failure to maintain customer account secrecy.
7. Initial deposit: The person has to deposit the initial nominal amount with the
bank, later the transaction, account number will be issue to that person and he
will become customer of the bank.
Characteristics:
i) Recurring deposit for a period ranging from 12 to 120 months.
ii) No income tax deducted at source.
iii) minor above 10yrs can open account in their name independently
subject to the maturity value not exceeding Rs.2,00,000.
iv) Premature withdrawal is permitted with the loss of some interest.
ii. NRE account: A non –resident external account is the bank account
that is opened by depositing foreign currency at the time of opening a
bank account. The NRE a/c are primarily targeted at NRI’s whose income
comes from outside India and who are interested in conveniently
transferring their foreign earning to Indian a/c. The account convert
foreign currency to Indian currency.
“Every other person domicile in India shall be deem to have attain his
maturity when he shall have completed his age of 18 years and not
before”
Guardian: Guardian means the person having the care of the person of
the minor or of his property or of both his person and property.
Precaution while opening bank a/c: bank prefers to open saving a/c and fixed deposit
a/c in the name of the minor and should not allowed minor to open current a/c. bank
should never allow minor to overdraft from his account. if banker allows minor to
overdraw from his a/c then banker does not get any legal protection to recover amount
due from the minor.
Precaution for D/O/B; while opening bank a/c for a minor, bank should collect the
proof for D/o/b and should retain with the bank. When minor attains his maturity on
that date the bank should close the minor a/c and open new a/c where the minor can
operate the a/c alone and at the time bank should get his specimen signature and
should not allowed the guardian to operate the a/c.
Granting loans to minor: as per law, if bank grants any loans to a minor it is not legal
and such agreement become void. If minor unintentionally overdraw money from his
a/c then also bank doesn’t get any legal rights and power to recover the same, hence
bank should be very careful while operating minor a/c.
Minor as a partner: as per Indian partnership act, minor can enter into a
partnership with the permission of all the partners. He can enter into contract
and operates bank a/c and he will not be liable for personal asset against the
loss or damage. He only gets benefits from the partnership. After his maturity
he should inform whether to continue in partnership or not, in the absent of
information it is implies that he will continue in that partnership as a general
partner and then he’ll become liable for the damage and losses and his
personal assets also will become claim against the loss or damage.
Precautions to be taken during the time of opening & operating joint a/c:
The applicant for the joint a/c must be signed by all the person opening the a/c.
The banker must give clear instruction with regards to withdrawal of securities in
the joint a/c.
The authority to operates the a/c can be revoked by any of the joint a/c holders. It is
automatically revoked if any of the joint holders dies, or become of unsound mind.
In this case all the cheque must be stopped.
The full name of the a/c holders should be given on all the documents sent to the
bank.
Karta: The person who manage the family or who is the head of the family is known
as the Karta. Normally the senior most member of the family acts as the Karta.
However a junior male member can also act as a Karta with the consent of the other
members.
The account should be open in the name of karta or in the name of the
family business.
The bank has to obtain two copies of the photograph of the karta. One
to be affix on the a/c opening form and the other on the spicemen
signature card.
While opening HUF a/c introducer is mandatory.
Bank has to take the signature of all the member and declaration by the
all members by stating who is karta and other coparcener.
If there is any minor coparcener in HUF guardian has to sign on behalf
of the minor.
On attaining maturity of the minor coparcener, bank allow them to
operates a/c.
When any coparcener or member sent notice to stop the payment, bank
has to stop the payment.
TRUSTEE ACCOUNT
Trustee is a legal term for the holder of property on behalf of a beneficiary. A trust
can be set up either to benefit particular persons of or any charitable purposes.
PRECAUTIONS:
The banker should collect the trust deed and examine the deed concerning
instructions regarding opening and the person who operate the account. If those
information are absent. All the trustee can open the joint account and operate
Bank should received specimen signature of all trustee who operate the account.
Bank should note the limitation of withdrawal as per trust deed and allow
operate to withdraw to that extent and restrict to withdraw more than that
amount.
If the trustee are authorized to borrow to discharge the function of the trust, the
banker must get specific assets of the trust as security.
Bank should careful while pledging trust property against loan. When there is no
provision provided in trust deed, it should not allow operators to pledge trust property
and if there is provision in trust deed relating to pledge or mortgaging than banker can
allow operator to used property as per trust deed.
A trustee has no personal powers. They must all act together. All must join in signing
of cheques. Unless expressly provided otherwise in the trust deed, no trustee can
delegate his power to another.
Bank should see whether the trust is registered with right authority, if it is registered
bank should obtain a copy of certificate. If one of the trustee dies or retires, the bank
on receiving of notice should freeze all operations in the account. However if the trust
deed is silent, it can let the operation to continue.
Incorporated club and non-incorporated club: normally there are two types of
club i.e registered and unregistered club. While opening account for club and
society bank must see whether it is incorporated or not, if it is incorporated
bank should obtain incorporation certificate and then allow club to open
account. If the club is not incorporated it is problem for bank to recover
amount due by the clubs because bank cannot sue on unregistered club.
Rules and law of club: Register club has its own rules and regulation, own
constitution and law. The bank has to obtain the copy of the same and retain
with bank for further references.
special care to be taken in case of club account and personal account: if the
club account and personal account of the operator is maintain in same bank,
banker should take certain care. Bank should not club personal account of the
operator and club account in any reason, it is also not applicable for right to
set off of debit and credit balance of club account and personal account of
operator.
Death of operator: In this case the bank must stop the activities of trust
account, and should not honor cheque until board appoint new person as
operator and bank should obtain clear written consent from the board.
Illiterate refers to situation of a person who is unable to read and write. Bank can open
account in the name of illiterate person because he is competent person to a contract but
only the problem is he cannot able to read and write so bank has to take certain special
care and attention.
PRECAUTION:
The account of an illiterate person may be opened provided he/she call the bank
personally along with a witness who is known by both banker and customer.
A passport size photograph of the illiterate person is identical before the banker in
presence of the account holder. The photographs have to be attested by the bank
officer/witness.
Bank has to take left hand thumb impression in case of male illiterate and right hand
thump impression in case of female illiterate and that thumb impression is duly
attested by any responsible person on the account opening form.
While opening illiterate account banker should collect few identical marks from the
account holder and the same has to be noted down in account opening form.
Illiterate person cannot make signature so banker should not provide cheque book
facility in order to avoid misuse of cheque by some other person.
Order by the law: When absent of the nomination and will of customer, banker can
take the help of court in discharging obligation and perform as per the court direction.
Legal representation: After the dead of the customer, the banker can surrender
amount to legal heirs of the customer through careful verification.
Commercial Banks
Public Sector Banks (PSBs) are banks where a common stake (i.e.
more than 50%) is held by a government.
The shares of these banks are listed on stock exchanges.
Example- State Bank of India, Corporation Bank, Bank of Baroda,
Punjab National Bank, Canara Bank, Bank of India.
In the case of private sector banks, the majority of the share capital
of the Bank is held by private individuals.
These Banks are registered as companies with limited liability.
Example- ICICI Bank Ltd, HDFC.
Foreign Banks
Regional Rural Banks or RRBs, serve the rural areas and agricultural sectors with
basic banking and adequate financial services.
They were set up in 1975, based on the recommendations of a committee.
Based in Moradabad, Prathama Bank, established on 2 October 1975, is the first
RRB to open in India. It was sponsored by Syndicate Bank.
The RRBs are owned by the central government (50%), the state government
(15%) and the sponsor bank (35%).
Several commercial banks have sponsored RRBs. Prominent examples include the
Maharashtra Gramin Bank (sponsored by the Bank of Maharashtra) and the Himachal
Gramin Bank (sponsored by Punjab National Bank).
RRBs were set up to eliminate other unorganized financial institutions like
moneylenders and supplement the efforts of cooperative banks.
There are 56 Regional Rural Banks in India and amongst those, only 43 RRB's are
participating in 2022.
Co-operative Bank
PURPOSE
Co-operative Banks Are The Banks Whose Main Objective Is To
Provide Financial Assistance To Economically Weaker Sections Of
The Society. Such Banks Are Registered Under The Cooperative
Societies Act.
One of the banking products offered by Co-operative banks is Fixed
Deposit.
The current fixed deposit interest rates offered by different Co-
operative banks for various tenures from 7 days to 10 years range
between 7% and 9.25% per annum
Cooperative Banks customers are both the owner and customer of that
Cooperative Bank.
The head of Cooperative Bank is elected by board of directors and
owned by member itself.
Member of Cooperative Banks get equal right of vote as principle of
“One Person, One Vote”.
The profit of banks is equity shared with member based on legal and
statutory limitations.
They offer highest rate of interest on their deposits.
They have brought productive borrowing in place of un discouraged
purpose.
Provides Credit
Encourage saving
Employment Generation
Helps to develop rural areas
Improves living standard
Agricultural Development
TYPES
1. Central Co-operative Banks:
These banks are organized and operated at the district level and can be of two types:
Co-operative Banking Union
Mixed control Co-operative Bank
Credit Functions
Regulatory function:
NBFCS
Non Banking Financial Company also known as NBFC company, functioning as
per the Indian Companies Act, giving loans and advances to the public. An
NBFC company can acquire shares, stocks, bonds, debentures and securities
from Government as well as local authority or any other marketable securities.
The (NHB) was set up on July 9, 1988 under the National Housing Bank Act,
1987. It wholly owned by the RBI which contribute its entire paid-up capital
of Rs 100 crore.
The NHB is expected to operate as a principal agency to promote housing
financial at the local as well as regional levels and to provide financial and
other support to other such as institutions.
Its mission is to serve the housing needs of all segments of the population
with the focus on low and moderate income housing.
Its head office is in New Delhi.
Financial Functions
Objective:
With the aim and achieving faster inorganic growth of a Bank, IDBI Bank LTD., a
wholly owned subsidiary of IDBI LTD. was amalgamated with IDBI LTD.
The merge become effective from April 2,2005. Thereafter ,the United Western bank
LTD.(UWB) a Star-base private sector bank was also merge with IDBI LTD the merge
came in to effect on Oct.3, 2006.
In order that the name of the bank truly reflect the functions carried on by it the name
of the bank was change to IDBI bank LTD.
The new name become effective on May 7,2008. Since then it has been function in its
present name IDBI Bank LTD.
Financing Functions
RBI
Functions
1. Monetary functions:
Note issuing authority
Banker banks and lender of last resort
Bankers to the government
Custodian of foreign exchange rate
Controller of credit
QUALITATIVE METHODS :-
Qualitative methods are used to effect the use, distribution & direction
of credit.
RBI from time to time had adopted the following qualitative methods
of credit control:-
1. Rationing Of Credit
2. Margin Requirements
3. Regulation Of Consumer Credit
4. Control Through Directives
5. Publicity
6. Moral Suasion
7. Direct Action
1. Rationing Of Credit
In this method RBI seeks to limit the maximum or ceiling of loans &
advances and also in certain cases, fixes ceiling for specific categories
of loans & advances.
It aims to control & regulate the purposes for which the credit is
granted by commercial banks.
Before sanctioning a credit limit of Rs 2 crore or more to any one
debtor, every bank will have to get authorisation from the Reserve
Bank. Even, after the autharisation the creditor bank can inspect the
account books of the debtor to ascertain the use of the credit.
2. Margin Requirements
Commercial banks do not lend up to the full amount of the value of
security. the loan amount is less than the securities value. It keeps a
‘margin’ as a cushion against fall in the value of the security.
‘Margin’ refers to the difference between the current market value and
the loan value of a security. It is a portion of the value of the security
charged to a bank, which the borrower is expected to pay out of his
own resources.
A rise in the margin requirement restricts the amount of loan that a
bank can grant against a security , while a lower margin increases it.
During depression, the margin can be reduced so that there is increase
in the level of economic activity through an increase in demand for
bank credit. conversely, during inflation, margin requirements can be
raised by the monetary authorities so as to contain the boom in the
stock market.
5. Publicity
The RBI may also follow the policy of publicity in order to make
known to the public its view about the credit expansion or contraction.
RBI regularly publish statements of assets & liabilities of commercial
banks for information to the public. They also publish reports of
general money market & banking condition.
This is a way of exerting moral pressure on the commercial banks &
also making the public aware of the policies being adopted by banks &
the central bank in the light of prevailing economic conditions in the
country.
6. Direct Action
According to the 1949 Act, Reserve Bank can stop any commercial
bank from any type of transaction. In case of defiance of the orders of
Reserve Bank, it can resort to direct action against the member bank. It
can stop giving loans and even recommend the closure of the member
bank under pressing circumstances.