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DBOD.No.BC.100/09.07.007/98-99 October 12, 1998 The Chairmen & Managing
Directors/ Chief Executives of all Scheduled Commercial Banks Dear Sir, Operation of bank accounts
by old/sick/incapacitated customers The question of extending a
suitable facility to old/sick/incapacitated bank customers for operation of
their bank accounts etc. has been engaging our attention for some time. We
have since examined the issue in consultation with Indian Banks' Association
and it has been decided to extend the facilities offered to the pension
account holders to the non-pensioner account holders also who are
sick/old/incapacitated and are not willing to open and operate joint accounts
(by which the problem could be solved). 2. The cases of
sick/old/incapacitated account holders fall into following categories: a) An account holder who is too
ill to sign a cheque/cannot be physically present in the bank to withdraw
money from his bank account but can put his/her thumb impression on the
cheque/withdrawal form and b) An account holder who is not
only unable to be physically present in the bank but is also not even able to
put his/her thumb impression on the cheque/withdrawal form due to certain
physical defect/ incapacity. 3. With a view to enabling the
old/sick account holders to operate their bank accounts, banks may follow the
procedure as under: a) Wherever thumb or toe
impression of the sick/old/incapacitated account holder is obtained, it
should be indentified by two independent witnesses known to the bank, one of
whom should be a responsible bank official. b) Where the customer cannot
even put his/her thumb impression and also would not be able to be physically
present in the bank, a mark can be obtained on the cheque/withdrawal form
which should be identified by two independent witnesses, one of whom should
be a responsible bank official. 4. The customer may also be
asked to indicate to the bank as to who would withdraw the amount from the
bank on the basis of cheque/withdrawal form as obtained above and that person
should be identified by two idependent witnesses. The person who would be
actually drawing the money from the bank should be asked to furnish his
signature to the bank. 5. In this context, the opinion
obtained by the Indian Banks' Association from their consultant on the
question of opening of a bank account of a person who had lost both his hands
and could not sign the cheque/withdrawal form is given in the Annexure. Yours faithfully, (Smt. Devaki Muthukrishnan) General Manager |
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annexure Opinion of Consultant of Indian Banks' Association on the question of
opening of bank account by a person who has lost both his hands and cannot
sign "In terms of the General
Clauses Act, the term "Sign" with its grammatical variations and
cognate expressions, shall, with reference to a person who is unable to write
his name, include "mark" with its grammatical variations and
cognate expressions. The Supreme Court has held in AIR 1950 - Supreme Court,
265 that there must be physical contact between the person who is to sign and
the signature or the mark put on the document. Therefore, in the case of the
person who has lost both his hands, the signature can be by means of a mark.
This mark can be placed by the person in any manner. It could be the toe impression,
as suggested. It can be by means of mark which anybody can put on behalf of
the person who has to sign, the mark being put by an instrument which has had
a physical contact with the person who has to sign." |