Professional Documents
Culture Documents
Contents
‡ Evolution of Banking
6
Pakistan’s Banking History
A considerable no. of schedule bank branches i.e.
487 were working in the areas constituting
Pakistan that reduced to 195 by 30th June 1948;
Under an agreement Reserve Bank of India was
authorized to function as Central Bank till
September 1948;
The standard monetary unit of Pakistan was to be
the Indian Rupee until 3oth September 1948;
On or after April 1, 1948 the Reserve Bank of India
was to issue its notes in Pakistan inscribing
Government of Pakistan in English and Urdu; 7
Pakistan’s Banking History
11
STATE BANK OF PAKISTAN
(contd.)
To Regulate and Supervise the Banking
system by guidelines/Audit & Inspections.
To ensure compliance of SBP directives.
To protect and improve of flow of
payments.
To stabilize money & capital markets.
To hold/sell Government Securities.
Make advances to Fed/Provincial &
Government 12
STATE BANK OF PAKISTAN
(contd.)
To act as Banker’s Bank and maintain
close relationship with the banks.
To ensure maintenance of CRR/SLR
To give loans to banks and discount
government securities.\
To provide rediscounting facilities.
To provide facilities for clearing.
13
STATE BANK OF PAKISTAN
(contd.)
To fix credit/margin restrictions and control it
by discount rate, OMO, Min. Requirements &
through Selective Credit Control.
To grant permission for opening of branches.
To remove any director or management
member as it supersedes banks’ Board of
Directors.
14
STATE BANK OF PAKISTAN
(contd.)
16
FINANCIAL INSTITUTIONS OPERATING IN PAKISTAN
AS ON JUNE 30, 2008
25
Rights & Duties of a Customer
DUTIES:
The customer must present the cheques for
payment and collection within business hours
The customer should see that the cheque and
other instruments are presented within a
reasonable time from the date of their issue.
The customer should keep his cheque book
under lock and key to safe guard its
unauthorized usage.
The customer should be very careful while
writing down the cheques to prevent any
fraudulent activity.
26
Rights & Obligations
of a Banker
Rights
Can exercise a general lien on
balances in his account, in
conformity with requirements of
law
Right to recover interest/ charges
as per agreed terms
27
Rights & Obligations
of a Banker
Obligation to honour the cheque
• It is the statutory obligation to honour the
cheques drawn on a bank by his customer
as long as the balance is sufficient,
provided the cheque is not stale or post
dated and there is no prohibiting order of
any court against the account of the
customer
28
Obligations of Secrecy
The relationship between banker and his customer
is obviously confidential, therefore, a banker must
maintain secrecy about the state of his customer’s
account.
The obligation of secrecy, however may not be
considered essential on the following occasions
29
a. Under compulsion of Law
A banker may be asked to give an evidence in a court of
law.
A court order should be served to the banker before a
competent court. Section 165 of Pakistan Criminal
procedure Code authorises an investigating police officer
to search the records of a bank or call for any
information relating to certain officers
d. With approval of the Income Tax Commissioner
An IT Officer may inspect the books of the banker or call
for information required by him in accordance with
sec.144 of the Income Tax Ordinance, 1979
30
c. Duty to Public to Disclose
During national emergencies, banker may make suitable
disclosures about the unsatisfactory and suspicious nature and
operation of a customer’s account , but the banker should make
himself very sure before venturing on such disclosures
d. In the Interest of the Bank
Sometimes bankers sue their customer to recover the amount
due in his loan or overdraft account, in such a case ,the banker
may have to disclose some aspects of the customer’s account.
It is also possible that sometimes the banker may have to
disclose the nature of account in order to defend against the
charges brought against him
e. Express or Implied Consent of Customer
A customer may give standing instructions to the banker to
supply certain information about his account for the preparation
of balance-sheet or send periodic statements of account to
some professional adviser for certain period of time. 31
General Relationship
Debtor – Creditor
When a customer deposits money in his account or for
opening up of savings or current account or issuance of
Time/Term Deposit the customer becomes Creditor and the
banker becomes Debtor. The customer attains the right to
withdraw it; but he has no right to enquire from the banker
about its utilization
Creditor – Debtor
When a Banker extends finances to its customers the
relationship between them will be Creditor and Debtor i.e
Banker will be creditor and the borrower becomes the Debtor
32
Mortgagor & Mortgagee
When finance is extended to the customer against
security of immovable property, the relationship
becomes that of Mortgagor and Mortgagee.
Hypothecator & Hypothecate
It is a charge on movable goods which remain in
custody of the customer the relationship between
the two becomes that of Hypothecator and
Hypothecate
33
Principal and Agent
b. When a banker performs Agency Service he
becomes agent of his customer. These services
include collection of cheque and other negotiable
instruments etc. and payment of premium to
insurance companies or subscription and fees to
clubs and associations on behalf of his customer
under his standing instruction
c. Buying and selling securities
d. Acting as a trustee ,attorney, executor
Pawner/ Pawnee
When a customer pledges goods and documents with
the bank as security for an advance, he becomes the
Pawner and the banker becomes the Pawnee 34
Liener – Lienee
Lien is a charge on paper Securities
offered by the customer. It is also known
as implied pledge. Linee can retain the
security till adjustment of the liability
• The customer becomes Lenore and
Banker becomes Lienee
35
Bailor and Bailee
Section 148 of the contract Act defines
that “ a bailment is delivery of goods by
one person to another for some purpose,
upon a contract” When the Banker
provides safe –custody facilities to his
customers for their valuables. The
relationship becomes that of Bailor and
Bailee where the customer is the Bailor,
and the Banker is the Bailee.
The present –day banker is a bailee for
reward and not gratuitous bailee, as a
very small amount is recovered from the
customer as service charges
36