Staff Clean OD Revised Documents
Staff Clean OD Revised Documents
Staff Clean OD Revised Documents
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Bank of India Human Resources Department,
Head Office Industrial Relations Division.
Branch Circular No. 109/ 42?-7 Sub: Human Resources / 2015-16/ 43
Sub-subject: Staff Loans 76
Ref : HO:HR:IR:MSS:20 Date: at-f- , d3 ,_201_()
Please refer to our Branch Circular No. 95/129 dated 13.12.2001 and
subsequent Branch Circular No. 105/87 dated 22.08.2011 in connection with the
above.
02. It was felt that the documentation part of the Scheme was lengthy and the
staff members were required to spend substantial amount for purchase of stamps
to affix the same to the security documents while availing the said facility. In this
regard, our Legal Department has now advised having consolidated the
documents and accordingly hereinafter the following security documents have
been stipulated in the Staff Clean OD limits :-
By Borrower:
a) Demand Promissory Note with bearer letter (No change).
b) Newly devised 'Loan document- Staff OD'
(This document is devised by consolidating - 1) installments letter, 2) continuing
security, 3) undertaking regarding non availment of other loans, 4) Authority letter
for deducting interest from salary, 5) the document for recovery as a public
demand under the local legislations. Therefore these documents can be dispensed
with).
c) As per the extant guidelines, unstamped L-496, in duplicate, to be obtained
from the staff Borrower authorizing the Trustees of PF/Gratuity to make the
payment to the Bank. This should continue as it is a separate document
addressed to the Trustees and cannot be clubbed to the Loan Document.
By Guarantor:
a) New Guarantee Deed for staff OD (the document for recovery as a public
demand under the local legislations is included herein and hence there is
no need to obtain it separately).
b) As per the extant guidelines, unstamped L-497, in duplicate, to be obtained
from the nominee (Guarantor) of the staff Borrower authorizing the Trustees
of PF/Gratuity to make the payment to the Bank. This should continue, as it
is a separate document addressed to the Trustees and cannot be clubbed
to the Guarantee.
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4. We trust this would benefit the staff members as well as the Branches.
Please be guided by the aforesaid instructions and note to bring the contents of this
Circular to the notice of all employees working under your jurisdiction.
(R. N. Kar)
General Manager (HR)
Dear Sirs,
Re: Staff OD Facility sanctioned to me
Bank of India (Bank) has a scheme for extending overdraft (OD) facility to staff
members in lieu of other loan facilities except Housing and vehicle loans. Based on my
request, the Bank has granted /agreed to grant me OD facility of Rs
(Rupees Only) under the said Scheme (herein after referred to as
the "said facility") inter alia on the terms and conditions contained herein and those which
the Bank may stipulate from time to time.
a) I have not availed and/or shall avail any loans from the Bank (other than Housing
loan and Vehicle loan). I also confirm that I have not availed and/or shall avail any
loan from outside sources without the prior written permission of the Bank and I
shall not request the Bank to deduct installments from my salary and remit to any
external lenders.
b) I shall repay the said facility on demand together with interest @
per annum (or at such revised rate of interest as may from
time to time be fixed by the Bank at its sole direction), on the outstanding amounts
under the said facility, compounded with monthly rests and calculated and charged
in accordance with the practice of the Bank.
c) *Though the said facility is repayable on demand, at my request you have allowed
me to repay by the said facility by installments of Rs each
commencing from I shall make the repayment accordingly and
further the interest and other monies payable thereon shall be paid by me as and
when charged. It is clarified that this shall not affect the Bank's right to demand
repayment of the outstanding balance at any time. (Retain this para wherever
applicable if not delete).
d) I hereby authorize the Bank to deduct/recover the interest and the installments
(wherever applicable) from the salary payable to me.
e) I hereby irrevocably agree that in the event of myself ceasing to be in the service
of the Bank for any reason, the Bank shall have the absolute right and authority to
appropriate the Terminal benefits including the Gratuity and Provident fund
payable to me. To enable you to demand the same from the Trustees and for the
Trustees to make the said payments to you, I am/have also executing/ed the
Authority in favour of the Trustees.
f) The Demand Promissory Note/s, Negotiable Instruments, Deposits or other
securities executed/endorsed by me in your favour or coming to your possession
irrespective of whether the same are endorsed in your favour or not, shall stand
and be regarded as a security and be enforceable for all moneys which may at any
time(s) hereafter become due and owing by me to the Bank under the said facility
also.
g) That in addition to your right of general lien, set-off or similar right to which you as
banker may be entitled by law, Bank shall have the right at any time or times and
without prior notice to me to combine/consolidate all or any of my accounts
(including joint accounts) and/or set off any credit balance due to me whether in
my current/saving account(s) and/or in respect of moneys kept by me on term
deposit or other deposits whether on maturity or before maturity thereof, at any
one or more of your branch/branches against the outstanding debit balances under
the said facility.
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h) That you may hold all securities, goods, negotiable instruments, documents of title
to goods or other properties belonging to me/us which are in your possession or
which may at any time hereafter come into your possession and you may also
liquidate any or all of these securities, goods, negotiable instruments, title to goods
or properties and other properties etc. without notice to me and apply the proceeds
thereof not only towards repayment of the specific advance(s) for which these are
offered as security but also towards liquidation of any outstanding debit balances
in the said facility or other advance account/s with you or at any one or more of
your branches against any liability/ies incurred or to be incurred by me/us or any
one of us.
i) That the Bank shall be within its right to change the Base rate and the premium
thereon applicable for the said facility from time to time and also the interest
payable by me shall be calculated at the rate of interest mentioned herein or at
such other rates as the Bank may specify generally from time to time. The same
shall be binding on me if the same is published on the notice board of the Branch
or in any Newspaper or in the web site of the Bank, for the general information of
its customers or by application/entry of such interest in my loan account pertaining
to the said facility and no specific notice regarding the change of interest,
premium, calculation shall be required to be given to me or any of us.
4. I shall execute at my costs in all respects such deeds and instruments as you may
require hereafter to effectuate your rights hereunder and/or in respect of the said
facilities. I agree and undertake that it shall be my duty to pay the stamp duties and/or
any other levies/fees on this document and any further documents executed by me.
(Signature)
BANK OF INDIA
GUARANTEE DEED
AND
(hereinafter referred to as the "Guarantor/s" which expression shall include his or her,
respective heirs, executors, administrators and permitted assigns ) in favour of Bank of
India, a body corporate constituted under the Banking Companies (Acquisition and
Transfer of Undertaking) Act, 1970 and having its Head Office at Star House, C - 5, G
Block, Bandra Kurla Complex, Bandra (East), Mumbai — 400051 and a Branch Office
amongst others at (hereinafter
referred to as the "Bank" which expression shall include its successors and assigns).
The term "Guarantor/s" wherever the context so requires, shall mean and be construed as
"Guarantor" or "Guarantors" depending upon the number of persons executing this deed
and the masculine gender, wherever the context so requires shall mean and be construed
as the feminine.
WHEREAS
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NOW IN CONSIDERATION OF THE SAID PREMISES, IT IS HEREBY AGREED BY THE
GUARANTOR/S AS FOLLOWS :
1. In consideration of Bank, having at the request of the Guarantor/s granted/agreed to
grant/continue to grant, from time to time, the said Credit facilities for as long as the
Bank may think fit to the Borrower, either alone, or jointly with any other person or
persons, the Guarantor/s hereby irrevocably and unconditionally guarantee the due
repayment by the Borrower and further irrevocably and unconditionally guarantee and
undertake to pay to the Bank, within 2 days of demand, all and every sum and sums
of money which are now or shall at any time be owing by the Borrower to the Bank
under the said Credit facilities, anywhere on any account whatsoever and under any
other loans, credits or advances or accommodation made to the Borrower either
solely or jointly with any other person or persons or from any such firm as aforesaid or
for any monies for which the Borrower may be liable as surety or in any other way
whatsoever, together with the applicable Interest, costs, commissions and other
banking charges the Bank may in the course of its business charge against the
Borrower and all legal and other costs, charges and expenses (including attorneys
fees and legal costs on full indemnity basis) that the Bank may incur in enforcing or
obtaining payment of any such monies from the Borrower or occasioned by or
incidental to this or in connection with enforcement of any other security held by or
offered to the Bank, for the same indebtedness or otherwise.
2. This Guarantee shall be a continuing guarantee for the purpose of securing the whole
of the monies (actual and contingent) mentioned in clause 1 hereof (subject to the
aggregate Principal amount under the said Credit facilities not exceeding Rs
(Rupees ), together with all interest,
penal/additional interest, costs(including between the Advocate and clients on full
indemnity basis), commissions and other costs, charges and expenses, payable under
the said Credit facilities, that have accrued or shall accrue due to the Bank at any time
before or after the date of the demand. The Guarantor/s shall be liable for interest on
all the monies guaranteed hereunder on daily balance basis or at such other basis,
compounded at monthly/ rests, till the date of actual realisation of the
dues by the Bank. The Guarantor/s shall be bound by the rate/s of interest, as may be
fixed by the Bank from time to time, for the said Credit facilities sanctioned to the
Borrower. The Guarantor/s further agree that Bank shall be within its absolute right to
fix and revise the rate/s of Interest and the manner of capitalisation of the same, from
time to time, in respect of all or any the Credit facilities granted to the Borrower and in
this regard the Guarantor/s agree that notwithstanding anything contained in this
agreement or in any other writings to the contrary, any change/revision in the rate of
Interest/manner of capitilisation, shall be binding on Guarantor/s also, if the same is
published/displayed for the general information of public, in a news paper OR on the
website of the Bank OR in the notice board of the Branch office of the Bank from
where the Borrower has availed the said Credit facilities or through entry of interest
charged in the statement of Account/Loan Account of the Borrower. The revised rates
of interest/procedure shall be applicable and binding on Guarantor/s from the effective
date stated in the said publication/display.
3. The Guarantor/s expressly agree that Bank shall have full discretionary power, without
any further consent from Guarantor/s and without in any way affecting Guarantor/s's
liability under this guarantee, to renew all or any of the said Credit facilities, and to
hold over, interchange the drawing powers under the limits/sub limits, renew or give
up in whole or in part, from time to time, any bills, notes, mortgages, charges, liens or
other securities received or to be received from the Borrower, either alone or jointly
with any other person or persons or from any other person or persons or bearing the
name of the Borrower. Bank shall be at liberty without in any way affecting
Guarantor/s's liability under this guarantee to vary any contract or any term or terms of
any contract entered into with the Borrower and/or to release or discharge and/or to do
any act or omission and/or to enter into any composition or compound with or promise
to grant time or any other indulgence or not sue, either the Borrower or any person or
persons, liable on any such bills, notes, mortgages, charges, liens, or other securities
or any person liable as surety, or collaterally liable for the Borrower, or any other
person or persons otherwise liable to the Bank.
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4. In addition to Bank's right of general lien or similar right to which Bank as banker may
be entitled by law, Bank shall also have the right at any time or times and without prior
notice to Guarantor/s to combine/consolidate all or any of the Accounts and Deposits
of the Guarantor/s pending with any one or more of the Bank's branch/s either before
or after maturity thereof and/or set off the credit balance due to Guarantor/s against
the liabilities of the Guarantor/s under this Guarantee and also against any of
Guarantor's liabilities to any one or more of Bank's Branches whether as borrower or
guarantor, without prejudice to the right of the Bank to proceed against the
Guarantor/s for the balance.
5. Bank may hold all securities, goods, negotiable instruments, documents of title to
goods or other properties belonging to Guarantor which are in Bank's possession or
which may at any time hereafter come into Bank's possession and Bank may also
liquidate any or all of these securities, goods, negotiable instruments, title to goods or
properties and other properties etc. without notice to Guarantor and apply the
proceeds thereof towards repayment of the liabilities of the Guarantors' under this
agreement and also towards liquidation of any of Guarantors' liabilities to any one or
more of Bank's branches whether as borrower or guarantor, without prejudice to the
right of the Bank to proceed against the Guarantor/s for the balance.
6. In the event of this guarantee being determined either by notice by the Guarantor/s, or
by demand in writing by the Bank it shall be lawful for the Bank to continue the
account with the Borrower notwithstanding such determination. The liability of the
Guarantor/s for the amount due from the Borrower at the date when the guarantee is
so determined shall remain, notwithstanding any subsequent payment into or out of
the account by or on behalf of the Borrower.
7. The Guarantor/s agree that a copy of the account/s of the Borrower contained in
Bank's books of account signed by an officer of the Bank, shall be conclusive
evidence against Guarantor's of the amount for the time being due to Bank from the
Borrower in any action or other proceeding brought against Guarantor/s upon this
guarantee.
8. The Guarantor/s waive in Bank's favour all or any of Guarantor's rights against Bank
or the Borrower so far as may be necessary to give effect to any of the provisions of
this guarantee and the Guarantor's agree that the Guarantor/s shall not be entitled to
claim the benefit of any legal consequences of any variation of any contract entered
into by the Borrower with Bank, the liability in respect of which is guaranteed under
this deed.
9. Whenever the amount due from the Borrower either alone or jointly shall exceed the
limit for which the Guarantor/s's are liable under this guarantee, the Bank shall be at
liberty to elect which particular accounts or items shall be considered as exclusively
secured by this guarantee and Bank shall be at liberty at any time in case of the
payment by Guarantor/s of any of the moneys hereby guaranteed to place the same to
a suspense account for any period that Bank may think fit and such money shall not
be considered as paid on account of the moneys due to Bank from the Borrower or
any such other person.
10. Should the guarantee cease from any cause to be binding as a continuing security on
Guarantor/s, Bank may at Bank's sole discretion open a fresh account or accounts
and continue any existing account with the Borrower and no money paid into such
account and subsequently drawn out by the Borrower shall on settlement of any claim
under this guarantee be appropriated towards or have the effect of payment of any
part of the moneys due from the Borrower at the time of this guarantee ceasing to be
so binding as aforesaid.
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11. The Guarantor's have not taken or hereafter take any commission or security either
directly or indirectly from the Borrower in respect of the Guarantors' liability under this
guarantee and the Guarantor/s will not prove in the bankruptcy or insolvency or
winding-up of the Borrower in competition with Bank.
12. This guarantee shall also not be affected by any change in the name or constitution or
death or insolvency or winding up or reconstitution of the Borrower. Release of the
Borrower and/or the co-sureties or forbearance to sue the Borrower and/or the co-
sureties shall also not affect the obligations of the Guarantor/s under this Guarantee.
13. This guarantee shall be enforceable against Guarantor/s notwithstanding that any
negotiable or other securities referred to herein or to which it may extend or be
applicable shall at the time of proceedings being taken against Guarantor/s on this
guarantee be outstanding or in circulation.
14. Though as between Guarantor/s and the Borrower, the Guarantor/s is surety for the
Borrower, yet as between the Guarantor/s and the Bank, the Guarantor/s shall be
deemed to be principal debtor for all the monies, the payment of which is hereby
guaranteed and accordingly the Guarantor/s shall not be discharged nor shall the
Guarantor/s's liability be affected by any fact or circumstance or any act, thing,
omission or means whatsoever, whereby the Guarantor/s's liability would not have
been discharged if the Guarantor/s's had been the principal debtor. It is further
agreed that in the event there are more than one Guarantor/s, their liabilities under
this guarantee shall be joint and several.
15. The Guarantor/s understand that as a pre-condition, relating to grant of the said Credit
facilities to the Borrower, the Bank requires the Guarantors' consent for the
disclosure/publication by the Bank of, information and data relating to Guarantors' in
respect of the obligations assumed/to be assumed, by Guarantors' and default, if any,
committed by Guarantor/s in discharge thereof. Accordingly, the Guarantor/s hereby
agree and give consent for the disclosure/publication by the Bank of all or any such
information and data relating to Guarantor/s, the information or data relating to the
said Credit facilities and the default, if any, committed by Guarantor/s in discharge of
Guarantors' obligations, to Government, RBI, any Bank/FI or authority including the
Credit Information Bureau (India) Ltd. and any other agency authorised in this behalf
by Reserve Bank of India or the Bank. The Guarantor/s further confirm and undertake
that the information and data furnished by Guarantor/s is/shall be true and correct and
further agree that the Credit Information Bureau (India) Ltd. and any other agency so
authorised may use, process the said information and data disclosed by the Bank in
the manner as deemed fit by them; and may furnish for consideration, the processed
information and data or products thereof prepared by them, to Banks/Financial
Institutions and other credit grantors or registered users. The Guarantor/s further
agree that Bank shall be within its rights to publish the Guarantor/s name and
photographs in newspapers and/or through such other media interalia stating the
default committed by the Guarantor/s.
16. The Guarantor/s is aware that Guarantors' liability is co-extensive with that of the
principal debtor and the Bank shall be within its right to demand the payment and
proceed against the Guarantor/s without exhausting the remedies against the
Borrower. If the Guarantor's refuses to comply with the demand made by the Bank,
despite having sufficient means to make payment of the dues, the Guarantor/s is
aware that the Bank shall be within its right to declare the Guarantor/s as a Willful
Defaulter and report the same to RBI and/or such other authorities for publication.
17. The Guarantor/s is further aware that Bank may also be required to provide
information regarding the said Credit facilities and/or Guarantors' details to third
parties, pursuant to the provisions of the Right to Information Act or such other similar
Acts. Such disclosure made by the Bank to third parties shall not be objected to or
challenged by Guarantor/s.
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18. The Guarantor/s further agree that this guarantee shall be a continuing security to
Bank and shall not be terminable.
19. This guarantee shall be applicable to the ultimate balance that may become due to
Bank from the Borrower under the said Credit facilities and under any other
accommodation granted to the Borrower notwithstanding that such account/s may in
the meantime or at any time or times have been in credit or may have disclosed a
reduced or nil balance, and until repayment of such balance the Bank shall be entitled
to retain, realise or otherwise dispose off in such manner as Bank may think fit any
securities now or hereafter held by Bank and without any liability to account to
Guarantor/s for any such securities or of the proceeds thereof until the said ultimate
balance shall have been paid in full to the Bank's satisfaction. And in the meantime
the Guarantor/s will not take any steps to enforce any right or claim against the
Borrower in respect of any moneys paid by Guarantor/s to Bank hereunder.
20. This guarantee shall be additional to any other guarantee for the Borrower, signed by
Guarantor/s or any other person, that the Bank may at any time hold. That the
Guarantee hereby given is independent and distinct from any security that the Bank
has taken/take in any manner whatsoever and the Guarantor/s shall have no right to
the benefit of any such security that may be held by the Bank until the entire dues to
the Bank under the said Credit facilities and any other accommodation provided to the
Borrower have been satisfied in full. Further that notwithstanding the provisions of
Section 140 and 141 of the Indian Contract Act (1872) or any other provisions of the
said Act or any other law, the Guarantors' shall not claim to be discharged on account
of the Bank's failure to take any security or for losing any security for any reason
whatsoever, including reasons attributable to the Bank's default and negligence and to
the operation of law. The Guarantors' specifically waive Guarantors' rights as a surety
available under Section 133, 134, 135 and 139 of the Indian Contract Act or any other
law for the time being in force.
21. The Guarantor/s hereby expressly agree/s that, notwithstanding anything contained
herein or any other writings, an admission or acknowledgement in writing by the
Borrower or by any person authorised by the Borrower, concerning its obligations
under the said Credit facilities/loan agreements or of the amount of indebtedness of
the Borrower to the Bank shall be binding on and conclusive as against Guarantor/s,
in any court of law or otherwise as if such admission or acknowledgement as
aforesaid has been given or made or executed for by the Borrower as Guarantors'
agent, the intention being that for all purpose of any claim or demand under this
guarantee the Borrower is/are empowered to give such admission, acknowledgement
and/or consent on Guarantors' behalf and any consent so given by the Borrower shall
be deemed to have been given by Guarantor/s's and shall bind Guarantor/s in all
respects as if the same has been given by Guarantor/s in writing in this behalf.
22. A demand in writing shall be deemed to have been duly given to Guarantor/s by
sending the same by post addressed to Guarantor's at the address registered with the
Bank and shall be effectual notwithstanding any change of residence or death and
notwithstanding notice thereof to the Bank, and such demand shall be deemed to be
received by Guarantor/s as the case may be 24 hours after the posting thereof and
shall be sufficient if signed by any officer of the Bank, and in proving such service it
shall be sufficient to prove that the letter containing the demand was properly
addressed and posted.
23. The Guarantor/s hereby irrevocably agree that the Terminal benefits/dues of the
Borrower if being payable to the Guarantor/s for any reason, the Bank shall have the
absolute right and authority to appropriate the said Terminal benefits including the
Gratuity and Provident fund payable to the Guarantor/s as the Nominee of the Staff
Borrower. To enable Bank to demand the same from the Trustees of the Provident/
Gratuity Fund and for the said Trustees to make the said payments to the Bank, the
Guarantor/s have also executed/shall execute the Authority in favour of the Trustees.
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25. All stamp duties and other levies on this document shall be borne and paid by the
Guarantor/s only.
26. The contents of the Deed have been read over and translated into **
and explained to Guarantor/s and the Guarantor/s have understood the contents
thereof and subscribe(s) to these present.
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