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Ray Kumar Panyam (Operations)     21 December 2011

Bank

Can any Organisation check the employees Corporate Salary Bank Account discretly without the knowledge of the said employee. That is, without the knowledger of the employee can the company take from the bankers the bank statment of employees salary bank account ??

If not, what is the remedy does the employee has against the company and the bankers on the employee gettng to know this information.



Learning

 10 Replies

vasant kulkarni (DEPUTY CHIEF EXECUTIVE OFFICER)     21 December 2011

NO.BANK CANNOT DISCLOSE THE ENTRIES IN YOUR PASSBOOK WITHOUT YOUR EXPRESS PERMISSION.THERE ARE SOME EXCEPTIONS=1.UNDER COURT ORDER.2.BY POLICE FOR INVESTIGATION.

OTHER THAN THIS YOUR A/C CANNOT BE EXPOSED TO ANYBODY.EVEN IF YOUR  COMPANY IS CREDITING SALARY TO THIS A/C,BANKER CANNOT GIVE DETAILS OF YOUR A/C DIRECTLY TO THE CO.

 

YOU WRITE TO THE CONCERNED BR MANAGER THAT NO INFORMATION ABOUT YOUR A/C BE GIVEN TO ANYBODY AND IF IT IS FOUND THAT BANK HAS GIVEN THE INFORMATION ,YOU CAN FILE COMPLAINT WITH HIGHER AUTHORITIES.

Kumar Doab (FIN)     21 December 2011

You should at once submit a written representation to the BM, mentioning without your consent bank statement of your a/c number.....................has been issued to another person and you demand the document on the strength of which the bank has done so and also the CCTV footage of dated....................on which the bank statement has been supplied by the bank to unauthorized personnel. You may mention that bank and its personnel in their professional and individual capacity shall be accountable, responsible for the damages caused to you. You must obtain the acknowledgment under original seal and signature by hand by BM on your copy.

You are within your rights to lodge police complaint and a complaint to nodal officer/chairman of the bank and later RTI application to get the details and CCTV footage.

If you are vigilant bank shall serve you with responsibility.

Rajesh Hazra (Mediator and Legal Counsel )     21 December 2011

Rightly advised by Mr.Kumar.

RajanaVenu (None)     22 December 2011

How long these banks need to keep the CCTV footage. Was there any regulation on bank to keep cctv footage from rbi/fiu etc.

Kumar Doab (FIN)     22 December 2011

Kindly look into the attachment.

"Banking Codes and Standards Board Of India

As per para 9.1 of Code, banks need to install CCTV for close surveillance as part of security arrangements. "

The customer should submit request in writing under proper acknowledgment as bank/bank personnel are known to coerce customers to limit their grievance to verbal mode only and then give lame reasons to verbal requests e.g. CCTV camera was not working on that day/bank does not keep image beyond one month etc.

Kindly note that BM of the bank can not run the bank, as a personal fiefdom and banks have strict rules which every branch/BM has to follow. If the Bank policy is to keep the footage for 6 months, BM has to keep it for 6 months. Then who knows the CCTV is in control of third party reporting to a centralized/Head office.

It has been seen even if the BM has turned down the request; the customers who have escalated their complaints were supplied with the footage by the HO.

Bank should keep the footage for as long as possible, and it seems to be unwritten practice that it should be for min 6 months.

Valuable opinion of learned experts/members is sought.


Attached File : 60926 236100 23 rules on saving cctv footage.doc downloaded: 129 times

Ray Kumar Panyam (Operations)     24 December 2011

Thanks for the reply. 

But, what if the Banker gives the soft copy ?  and what if the banker might have given the statement either soft copy or hard copy from a different location in India other than the home branch ?

As discussed a complaint to nodal officer/chairman of the bank etc is being processed, but, has the above queries to add further.

Kumar Doab (FIN)     24 December 2011

The onus is on the bank to fix responsibility.

Let the BM first state in writing that he or his branch did not issue the statement.

If you know the exact date you are within in your rights to ask the chairman/BM/Bank to certify which personnel of the bank was engaged in unprofessional/unauthorized/unfair/illegal act. You should budge an inch from your stand and demand CCTV footage.

Sudhir Kumar, Advocate (Advocate)     25 December 2011

I will partially agree with all but will add as under.   THE BANKERS' BOOKS EVIDENCE ACT, 1891 ACT No. 18 OF 1891 [1st October, 1891.] provides that :-

 

4. Mode of proof of entries in Bankers' Books - Subject to the provisions of this Act, a certified copy of any entry in a Banker's book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise.

The Provision is clear that the :-

(i)                  Entry should be in the Banker’s Book

(ii)                Its certified copy is admissible as evidence

(iii)              Evidence in all legal proceedings

 

He has not elaborate who the employer is and in which capacity the employer has sought details.

Kumar Doab (FIN)     25 December 2011

Learned experts/members have given valuable advice. Kindly revert with requisite details.

Bank shall have to reply on the strength of which documents bank has passed on the details to a third/outside agency. If the BM/Nodal officer/Chairman of the bank chooses to maintain a studied silence, or do not divulge the desired and relevant document/information, you can adopt RTI route and/or issue a legal notice from your lawyer.

malipeddi jaggarao (retired banker)     27 December 2011

What all discussed is the law of banking.  In practice, if the representative of the company who regularly visits the Bank for conducting transactions on behalf of the company andits employees, banks do part with the information/statement of account to such employee without insisting the written request.  In this era of electronic banking, the bank's duty to maintain secrecy of customers accounts, the sanctity of pass book, all have gone.  If you really sustain any damage for such relevations by your bank, you may test it legally.


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