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Chapter-2

Chapter-2  Banking Offences
3. Not to open an account or demand cash payment in an unauthorized manner : While opening an account with a bank or financial institution or
demanding cash payment, no one shall undertake the following acts:
(a) Open or knowingly allow to open an account by submitting false documents,
(b) Open or allow to open an account in the name of a fictitious or other person or organization, except otherwise permitted by the laws, (c) Draw a cheque to obtain or to knowingly make payment from an account where he/she has an apparent knowledge that the account does not have sufficient balance to cover the amount of the cheque drawn.
4. Not to obtain or issue cheques, cheque-books or bank statements in an unauthorized manner:

(1) No one shall demand or obtain a cheque, cheque- book or account statement of other person in an unauthorized manner or by  misleading in any manner or by giving an impression that he/she is the true holder of the same.
(2) No one shall, in an unauthorized manner, provide a cheque, cheque- book or account statement to other person or institution without the request of
the concerned person in writing.

5. Not to make unauthorized withdrawals or payments :

While withdrawing or making payment from an account maintained with a bank or financial institution, no one shall;
(a) withdraw money, in an unauthorized manner, from other person’s account,
(b) withdraw money by stealing a cheque held by other person or by obtaining the same in any other manner,
(c) transfer fund, in an unauthorized manner, from customer’s account or make unauthorized payment therefrom,
(d) obtain or make cash payment by getting any sort of fake or other person’s bills of exchange, cheque, draft or other similar instruments
in an unauthorized manner.

6. Not to obtain or make payment by way of abuse or unauthorized use
of electronic means.:

No one shall, obtain or make payment by way of abuse or unauthorized use of a credit card, debit card, automated teller machine(ATM)
card or other electronic means.

7. Not to avail or provide loans in an unauthorized manner :

While availing or providing loans from a bank or financial institution, no one shall
commit the following acts:

(a) Avail or provide loans by submitting a false, fake or fake financial statement or by creating artificial business.
(b) Avail or provide over loans by way of unnatural over valuation of collateral security.
(c) Avail or provide loans by way of unnaturally hiking the project cost based on false details.
(d) Avail or provide credit, facility or discounts beyond the authority obtained or limit sanctioned.
(e) Re-avail or re-provide loans from or by other Bank of Financial Institution without having due release of the collateral security once
provided to a Bank or Financial Institution or in excess than the amount covered by the collateral security against the same collateral
security.
Provided that, this restriction shall not be applicable in case of release of loans to be provided under consortium.
(f) Avail loans through an entity having established in the name of a person who, in fact, does not have financial capability to run the
business or, who is a person under undue influence or extend loans knowing the said facts.
(g) Extend credit more than the requirement compared to the customer’s business transaction.
(h) Accept or provide any sort of undue benefit in return to granting credit facility.

8. Not to misuse credit : No one shall misuse the credit facilities availed from a bank or financial institution or cause to misuse by diverting in the purpose other
than for which the credit facilities were availed.

9. Not to misuse banking resources, means and assets:

(1) The Promoter, Director, shareholder who is deemed to have a financial interest under the prevailing laws, Chief Executive Officer, employee, advisor, Managing Agent or
associated person or organization or family member or close relatives of such persons shall not misuse the resources of a bank or financial institution by
availing a credit or facility or in any other manner.
Provided that,
(1) It shall not be deemed an obstruction in availing loans or advances by the Chief Executive Officer or employees of a bank or financial
institution under employees’ facility scheme, as per the prevailing laws.
(2) It shall not be deemed to be an obstruction in providing credit or facility to close relative having approval of the Board of Directors
of Bank or Financial Institution.
Explanation:
(a) For the purpose of this Sub-section, the term “family member” means concerned person’s husband or wife, son, daughter, adopted son,
adopted daughter, father, mother, step mother and taken cared elder brother, younger brother and elder sister younger sister.
(b) “Close relative” means separated elder brother, younger brother, elder sister in law (wife of elder brother), younger sister in law (wife of younger brother), married elder sister, younger sister, elder brother in law (husband of elder sister), younger brother in law (husband of younger sister), nephew (son of uncle), niece (daughter of uncle),  younger brother in law (wife’s younger brother), younger sister in law (wife’s younger sister), mother in law (wife’s mother), father in law (wife’s father), uncle, aunt, maternal uncle, maternal aunt,
nephew (son of sister), Niece (daughter of sister), grandson, granddaughter, granddaughter in law (wife of grandson), grandson
in law(husband of granddaughter).
(2) No one shall, in violation of the interest of the depositors or a bank or financial institution, incur or cause to incur the assets of the bank or financial
institution .
(3) No one shall commit any financial irregularity, whiling auctioning the non-banking assets or other assets of a bank or financial institution or while
doing any other transactions.

10. Not to acquire assets or open account by borrower who has over dues :
No borrower who has over dues shall remit money to a bank by opening an account with a local or foreign bank or financial institution or continue such account or operate the account or purchase any movable or immovable assets in any manner or acquire title or possession over such assets in any manner without settling the dues payable to a bank or financial institution. In case any borrower, before over due, has obtained any moveable or immovable asset or continued account operation, the borrower must use the amount to be received from such asset or bank account in repaying the over dues.

11. Not to stop credit facility in the way to loss working project of borrower :

Bank or Financial Institution which has once provided the first installment after approving credit facility for a project of borrower, without sufficient basis and considerable reason, shall not stop the remaining installments in-between in the way to loss working project of the borrower.

12. Not to make loss by making alteration in the account or ledger or by
committing forgery or fraud :

No one shall, with a motive of self benefit or to cause loss or benefit to any other person, commit any forgery by tempering any matter written in Bank or Financial Institution’s document or account or ledger whether by removing or by rewriting the same to mean different sense or with a motive to cause loss other, commit fraud by misleading others
representing the untrue or non-existent facts to be true or existent or by getting a  document signed with an alteration in the date, number or particular.

13. Not to derive excess, low or false valuation :

While carrying out the valuation of movable or immovable assets held by a bank or financial institution as a collateral security of a loan or non-banking movable or immovable asset of a bank or financial institution, the valuer shall not cause any loss or harm to the bank or financial institution by deriving excess, low or false valuation of such
assets while valuating for the purpose of auctioning sell or for other purpose relating to Bank.

14. Not to carry out and cause to carry out irregular economic or
financial transactions:

No one shall, with a motive to cause any harm or loss to a bank or financial institution, get something done or undone or bargain or forbid bargaining or take or give any amount or take or give any goods or services free of costs; take or give any charity, grant, gift or donation; execute or get executed or translate or get translated a false deed or do work or get the
work be done with mala fide intention to cause illegal benefits or losses.

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