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RBI/2007-2008/82
UBD.BPD (PCB) MC. No.9 /13.05.000/2007-08
July 4, 2007
The Chief Executive Officers of
All Primary (Urban) Co-operative Banks
Dear Sir/Madam,
Master Circular on Management of Advances- UCBs
Please refer to our Master Circular UBD.BPD
(PCB) MC. No. 13 /13.05.00/2005-06 dated January
22, 2007 on the captioned subject (Available on
RBI website www.rbi.org.in). The enclosed Master
Circular consolidates and updates all the
instructions/guidelines on the subject issued
upto June 30, 2007.s
Yours faithfully,
(N.S.Vishwanathan)
Chief General Manager-in-Charge
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Management of Advances
Contents
1. Background
.........................................................................
1
2. Working Capital Requirements upto Rs.1 crore.................................................
1
3. Working Capital Requirements above Rs. 1
crore
........................................... 2
4. Credit Administration
.........................................................................
6
5. Other Guidelines
.......................................................................
12
6 Monitoring of Willful Defaulters
..............................................................
13
7. Small and Medium Enterprises (SMEs) and its
restructuring .... .................... .17
8. Specific Lending Activities
.......................................................................
17
9. Discounting/Rediscounting of Bills by
Banks……………………………………..21
Annex I Classification/reporting of data in
regard to Assessment of
working capital limits Rs.1 crore ..
................................................
24
Annex II Valuation of properties and empanelment
of values ……………… 26
Annex III Guidelines for Relief Measures
............................................................
28
Annex IV Format for reporting of borrowed
accounts classified as doubtful, loss
for suit filed with outstanding of Rs.1crore and
above to be submitted to
RBI…………………………………………………………………………………………. 40
Annex V Format for reporting of data on wilful
Defaulters to RBI ..................... 41
Annex VI Guidelines on debt restructuring
mechanism for
Small and Medium Enterprises (SMEs)………………………………………………
42
Annex VII Definition of Micro, Small and Medium
Enterprises………………… 46
Appendix List of circulars consolidated in the
Master Circular.................... 47
MANAGEMENT OF LOANS AND ADVANCES
1. BACKGROUND
1.1 In the context of rapid growth of primary
(urban) co-op. banks (PCB), qualitative aspects
of lending, such as adequacy of lending to meet
credit requirements of their borrowers and
effective supervision and monitoring of advances
have assumed considerable importance. Previously
working capital finance provided by the banks to
trade and industry was regulated by the Reserve
Bank of India through a series of
guidelines/instructions issued. There were
various quantitative and qualitative
restrictions on bank’s lending. The banks were
also expected to ensure conformity with the
basic financial disciplines prescribed by the
RBI from time to time under Credit Authorisation
Scheme (CAS).
1.2 However, consistent with the policy of
liberalisation and financial sector reforms,
several indirect measures to regulate bank
credit such as exposure norms for lending to
individual/group borrowers, prudential norms for
income recognition, asset classification and
provisioning for advances, capital adequacy
ratios, etc. were introduced by RBI and greater
operational freedom has been provided to banks
in dispensation of credit.
1.3 Banks are now expected to lay down, through
their boards, transparent policies and
guidelines for credit dispensation, in respect
of each broad category of economic activity,
keeping in view the credit exposure norms and
various other guidelines issued by the Reserve
Bank of India from time to time. Some of the
currently applicable guidelines are detailed in
the following paragraphs.
2. WORKING CAPITAL REQUIREMENTS UPTO RS. 1
CRORE
2.1 The assessment of working capital
requirement of borrowers, other than SSI units,
requiring fund based working capital limits upto
Rs.1.00 crore and SSI units requiring fund based
working capital limits upto to Rs.5.00 crore
from the banking system may be made on the
basisof their projected annual.
2.2 In accordance with these guidelines, the
working capital requirement is to be assessed at
25% of the projected turnover to be shared
between the borrower and the bank, viz. borrower
contributing 5% of the turnover as net working
capital (NWC) and bank providing finance at a
minimum of 20% of the turnover.
2.3 The banks may, at their discretion, carry
out the assessment based on projected turnover
basis or the traditional method. If the credit
requirement based on traditional
production/processing cycle is higher than the
one assessed on projected turnover basis, the
same may be sanctioned, as borrower must be
financed upto the extent of minimum 20 per cent
of their projected annual turnover.
2.4 The banks may satisfy themselves about the
reasonableness of the projected annual turnover
of the applicants, both for new as well as
existing units, on the basis of annual
statements of accounts or any other documents
such as returns filed with sales-tax/revenue
authorities and also ensure that the estimated
growth during the year is realistic.
2.5 The borrowers would be required to bring in
5 per cent of their annual turnover as margin
money. In other words, 25 per cent of the output
value should be computed as working capital
requirement, of which at least four-fifth should
be provided by the banking sector, the balance
one-fifth representing the borrower's
contribution towards margin for the working
capital. In cases, where output exceeds the
projections or where the initial assessment of
working capital is found inadequate, suitable
enhancement in the working capital limits should
be considered by the competent authority as and
when deemed necessary. For example, in case,
annual turnover of a borrower is projected at Rs.
60.00 lakh, the working capital requirement will
be computed at Rs. 15.00 lakh (i.e. 25%) of
which Rs. 12 lakh (i.e. 20%) may be provided by
the banking system, while Rs. 3.00 lakh (i.e. 5
%) should be borrower's contribution towards
margin money. 2.6 Drawals against the limits
should, however, be allowed against the usual
safeguards so as to ensure that the same are
used for the purpose intended. Banks will have
to ensure regular and timely submission of
monthly statements of stocks, receivables, etc.,
by the borrowers and also periodical
verification of such statements vis-à-vis
physical stocks by their officials.
2.7 In regard to the above, few clarifications
to some of the issues raised by banks are given
in Annex I.
3. WORKING CAPITAL REQUIREMENTS ABOVE RS. 1
CRORE
3.1 Method of Assessment
3.1.1 The revised guidelines in respect of
borrowers other than SSI units, requiring
working capital limits above Rs.1 crore and for
SSI units requiring fund based working
capital limits above Rs.5 crore, from the
banking system bestow greater level of
flexibility to the primary (urban) co-operative
banks in their day-to- day operations without
diluting the prudential norms for lending as
prescribed by Reserve Bank of India.
3.1.2 The earlier prescription regarding Maximum
Permissible Bank Finance (MPBF), based on a
minimum current ratio of 1.33:1, recommended by
Tandon Working Group has been withdrawn. Banks
are now free to decide on the minimum current
ratio and determine the working capital
requirements according to their perception of
the borrowers and their credit needs.
3.1.3 Banks may evolve an appropriate system for
assessing the working capital credit needs of
borrowers whose requirement are above Rs.1 crore.
Banks may adopt any of the under-noted methods
for arriving at the working capital requirement
of such borrowers.
a) The turnover method, as prevalent for small
borrowers may be used as a tool of assessment
for this segment as well,
b) Since major corporates have adopted cash
budgeting as a tool of funds management, banks
may follow cash budget system for assessing the
working capital finance in respect of large
borrowers.
c) The banks may even retain the concept of the
MPBF with necessary modifications.
3.2 Norms for Inventory/Receivables
3.2.1 In order to provide flexibility in the
assessment of credit requirements of borrowers
based on a total study of borrowers' business
operations, i.e., taking into account the
production/processing cycle of the industry as
well as the financial and other relevant
parameters of the borrower, the banks have also
been permitted to decide the levels of holding
of each item of inventory as also of
receivables, which in their view would represent
a reasonable build-up of current assets for
being supported by bank finance.
3.2.2 Reserve Bank of India no longer prescribes
detailed norms for each item of inventory as
also of receivables.
3.3 Classification of Current Assets and Current
Liabilities
3.3.1 With the withdrawal of MPBF, inventory
norms and minimum current ratio, the
classification of current assets and current
liabilities ceases to be mandatory. The banks
may decide on their own as to which items should
be included for consideration as current assets
or current liabilities.
3.3.2 Banks may also consider evolving suitable
internal guidelines for accepting the
projections made by their borrowers relating to
the item "Sundry Creditors (Goods)" appearing as
an item under "Other Current Liabilities" in the
balance sheet.
3.4 Bills Discipline
In respect of borrowers enjoying fund-based
working capital credit limits of Rs. 5 crore and
more from the banking system, the banks are
required to ensure that the book-debt finance
does not exceed 75 per cent of the limits
sanctioned to borrowers for financing inland
credit sales. The remaining 25 per cent of the
credit sales may be financed through bills to
ensure greater use of bills for financing sales.
3.5 Grant of Ad hoc Limits
To meet the contingencies, banks may decide on
the quantum and period for granting ad hoc
limits to the borrowers based on their
commercial judgement and merits of individual
cases. While granting the ad hoc limits the
banks must ensure that the aggregate credit
limits (inclusive of ad hoc limits) do not
exceed the prescribed exposure ceiling.
3.6 Commitment Charge The levy of commitment
charge is not mandatory and it is left to the
discretion of the financing banks/
consortium/syndicate. Accordingly, banks are
free to evolve their own guidelines in regard to
commitment charge for ensuring credit
discipline.
3.7 Consortium Arrangement The mandatory
requirement of formation of consortium for
extending working capital finance under multiple
banking arrangements has been withdrawn.
3.8 Syndication of Credit The syndication of
loans is an internationally practised model for
financing credit requirements. The banks are
free to adopt syndication route, irrespective of
the quantum of credit involved, if the
arrangement suits the borrower and the financing
banks. 3.9 Loan System for Delivery of Bank
Credit
3.9.1 Background In order to bring about an
element of discipline in the utilisation of bank
credit by large borrowers, instill efficiency in
funds management, loan system for delivery of
bank redit was been introduced for borrowers
enjoying working capital credit limits of Rs.10
crore and above from the banking system and the
minimum level of loan component for such
borrowers was fixed at 80 per cent. These
guidelines have been revised by RBI, in the
light of current environment of short-term
investment opportunities available to both the
corporates and the banks. In case any primary
(urban) co-operative bank is having borrowers
with MPBF of Rs. 10 crore and above where it has
participated under consortium/syndication, it
should ensure strict compliance with the
under-noted guidelines.
3.9.2 Loan Component and Cash Credit Component
(i) Banks may change the composition of working
capital by increasing the cash credit component
beyond 20 per cent or to increase the loan
component beyond 80 per cent, as the case may
be, if they so desire.
(ii) Banks are expected to appropriately price
each of the two components of working capital
finance, taking into account the impact of such
decisions on their cash and liquidity
management.
(iii) If a borrower so desires, higher loan
component can be granted by the bank; this would
entail corresponding pro-rata reduction in the
cash credit component of the limit.
(iv) In the case of borrowers with working
capital (fund based) credit limit of less than
Rs. 10 crore, banks may persuade them to go in
for the Loan System by offering an incentive in
the form of lower rate of interest on the 'loan
component' as compared to the 'cash credit
component' The actual percentage of 'loan
component' in these cases may be settled by the
bank with its borrower clients.
(v) In respect of certain business activities
which are cyclical and seasonal in nature or
have inherent volatility, the strict application
of loan system may create difficulties for the
borrowers. Banks, may with the approval of their
respective Boards, identify such business
activities which may be exempt from the loan
system of credit delivery.
3.9.3 Ad hoc Credit Limit The release of ad
hoc/additional credit for meeting temporary
requirements may be considered by the financing
bank only after the borrower has fully utilised/exhausted
the existing limit.
3.9.4 Sharing of Working Capital Finance
(i) The ground rules for sharing of cash credit
and loan components may be laid down by the
consortium, wherever formed, subject to the
stipulations contained in Para.
3.9.2 above. (ii) The level of individual bank's
share shall be governed by the norm for single /
group borrowers credit exposure.
3.9.5 Rate of Interest Banks are allowed to fix
separate lending rates for 'loan component' and
'cash credit component'.
3.9.6 Period of Loan The minimum period of the
loan for working capital purposes may be fixed
by banks in consultation with borrowers. Banks
may decide to split the loan component according
to the need of the borrower with different
maturity bases for each segment and allow roll
over.
3.9.7 Security In regard to security, sharing of
charge, documentation, etc., banks may
themselves decide on the requirements, if
necessary, in consultation with the other
participant banks.
3.9.8 Export Credit Export credit limit would be
allowed in the form hitherto granted. The
bifurcation of the working capital limit into
loan and cash credit components, as stated in
paragraph 3.9.2 (i) above, would be effected
after excluding the export credit limits (pre-
hipment and post-shipment).
3.9.9 Bills Limit Bills limit for inland sales
may be fully carved out of the 'loan component'.
Bills limit also includes limits for purchase of
third party (outstation) cheques/bank drafts.
Banks must satisfy themselves that the bills
limit is not mis-utilised.
3.9.10 Renewal/Roll-over of Loan Component The
loan component , may be renewed/rolled over at
the request of the borrower. However, banks may
lay down policy guidelines for periodical review
of the working capital limit and the same may be
scrupulously adhered to.
3.9.11 Provision for Investing Short Term
Surplus Funds of Borrowers The banks, at their
discretion, may permit the borrowers to invest
their short term/temporary surpluses in
short-term money market instruments like
Commercial Paper (CP), Certificates of Deposit
(CDs) and in Term Deposit with banks, etc.
3.9.12 Applicability The loan system would be
applicable to borrowal accounts classified as
'standard' or 'sub-standard'.
4. CREDIT ADMINISTRATION
4.1 Rate of interest
4.1.1 UCBs are permitted to determine their
lending rates taking into account their cost of
funds, transaction costs etc with the approval
of their Board. However, banks are advised to
ensure that the interest rates charged by them
are transparent and known to all customers.
Banks are also required to publish the minimum
and maximum interest rates charged on advances
and display the information in every branch.
4.1.2. It may however be appreciated that though
interest rates have been deregulated, rates of
interest beyond a certain level may be seen to
be usurious and can neither be sustainable nor
be conforming to normal banking practice.
4.1.3. Boards of banks are, therefore, advised
to lay out appropriate internal principles and
procedures so that usurious interest, including
processing and other charges, are not levied by
them on loans and advances. In laying down such
principles and procedures in respect of small
value loans, particularly, personal loans and
such other loans of similar nature, banks may
take into account, inter-alia, the following
broad guidelines:
(i) An appropriate prior-approval process should
be prescribed for sanctioning such loans, which
should take into account, among others, the cash
flows of the prospective borrower.
(ii) Interest rates charged by banks, inter-alia,
should incorporate risk premium as considered
reasonable and justified having regard to the
internal rating of the borrower. Further, in
considering the question of risk, the presence
or absence of security and the value thereof
should be taken into account.
(iii) The total cost to the borrower, including
interest and all other charges levied on a loan,
should be justifiable having regard to the total
cost incurred by the bank in extending the loan,
which is sought to be defrayed and the extent of
return that could be reasonably expected from
the transaction.
(iv) In the case of loans to borrowers under
priority sector, no penal interest should be
charged for loans up to Rs.25,000. Penal
interest may be levied for reasons such as
default in repayment, non-submission of
financial statements, etc. However, the policy
on penal interest should be governed by
well-accepted principles of transparency,
fairness, incentive to service the debt and due
regard to genuine difficulties of customers.
(v) Banks should ensure that the total interest
debited to an account should not exceed the
principal amount in respect of short term
advances granted to small and marginal farmers.
The small and marginal farmers for the purpose
shall include those with land holding of 5 acres
and less.
(vi) An appropriate ceiling may be fixed on the
interest, including processing and other charges
that could be levied on such loans, which may be
suitably publicised.
4.2 No Objection Certificate The primary (urban)
co-operative banks should not finance a borrower
already availing credit facility from another
bank without obtaining a 'No Objection
Certificate' from the existing financing bank.
4.3 Opening of Current Accounts
4.3.1 Keeping in view the importance of credit
discipline for reduction in NPA levels at the
time of opening of current accounts banks
should:
(i) insist on a declaration from the account
holder to the effect that he is not enjoying any
credit facility with any other commercial bank
or obtain a declaration giving particulars of
credit facilities enjoyed by him with any other
commercial bank/s.
(ii) ascertain whether he/she is a member of any
other co-operative society/bank; if so, the full
details thereof such as name of the
society/bank, number of shares held, details of
credit facilities, such as nature, quantum,
outstanding, due dates etc should be obtained.
4.3.2 Further, in case he/she is already
enjoying any credit facility from any other
commercial/co-operative bank, the bank opening a
current account should duly inform the concerned
lending bank(s) and also specifically insist on
obtaining a "No Objection Certificate" from
them. In case of a prospective customer who is a
corporate or large borrower enjoying credit
facilities from more than one bank, the banks
may inform the consortium leader, if under
consortium, and the concerned banks, if under
multiple banking arrangement. In case a facility
has been availed from a co-operative
bank/society, it is essential for the bank to
comply with the requirements of the Co-operative
Societies Act/Rules of the state concerned in
regard to membership and borrowings.
4.3.3 Banks may open current accounts of
prospective customers in case no response is
received from the existing bankers after a
minimum waiting period of a fortnight. If a
responses is received within a fortnight, banks
should assess the situation with reference to
information provided on the prospective customer
by the bank concerned and are not required to
solicit a formal no objection, consistent with
true freedom to the customer of banks as well as
needed due diligence on the customer by the
bank.
4.4 Certification of Accounts of Non-Corporate
Borrowers by Chartered Accountants As per the
Income Tax Act, 1961, filing of audited balance
sheet and profit & loss account is mandatory for
certain types of non-corporate entities.
Therefore, the banks must insist on the audited
financial statements from the borrowers enjoying
large limits; since such borrowers would, in any
case, be submitting audit certificate to the
income-tax authorities, based on audit of their
books of accounts by a Chartered Accountant.
4.5 Defaults in Payment of Statutory Dues by
Borrowers
4.5.1 It has been observed that many of the
borrowers enjoying credit facilities from
primary (urban) co-operative banks default in
payment of Provident Fund, Employees State
Insurance and other statutory dues. Despite
this, such borrowers continue to carry on
operations with the assistance of bank finance
without meeting their statutory obligations.
4.5.2 In the case of insolvency/winding up of a
borrowing employer, under the law, there are
certain priorities in regard to the recovery of
statutory dues e.g., employees contribution
towards provident fund deducted from wages of
the employee members for a period of more than
six months and not paid to the Commissioner, are
a first charge on the assets of borrowers.
4.5.3 In the circumstances, the banks should
safeguard their interest vis-à-vis such
statutory dues and, therefore, it would be
desirable for the banks to ensure that provident
funds and similar other dues are paid by the
borrowers promptly. For the purpose, the banks
should incorporate an appropriate declaration in
their application forms for grant/renewal/
enhancement of credit facilities so as to ensure
that the position regarding the statutory dues
is disclosed therein.
4.5.4 Where warranted, banks should satisfy
themselves about genuineness of the party's
declaration in this regard. Thus, the
sanction/renewal/ enhancement of credit
facilities can be utilised by banks as a
leverage for enforcing necessary discipline on
the part of their borrowers. 4.5.5 In respect of
the corporate borrowers and non-corporate
borrowers, the amount of statutory dues should
normally be reflected in their annual accounts
which should be duly certified by the auditors,
and hence, the banks should have no difficulty
in ascertaining the position of their statutory
dues. Nonetheless, in addition to duly audited
annual accounts, banks should alsoobtain a
specific certificate from the Chartered
Accountant as regards the position of statutory
dues, if the audited accounts do not clearly
indicate the position.
4.5.6 After ascertaining the quantum of
statutory dues, the banks should ensure that
these are cleared by the borrowers within a
reasonable period and that too through internal
generation of funds. The non-payment of
statutory dues is one of the symptoms of
incipient sickness of an industrial unit.
Therefore, it is in the interest of both the
lender and borrower to give high priority to the
clearance of these dues. Apart from insisting on
the borrowers to indicate a definite programme
for clearance of arrears, banks may consider
suitable restrictions on the outflow of funds by
way of dividends, repayment of loans from
promoters or their friends, relatives or
inter-corporate borrowings etc., till the
overdue statutory liabilities are cleared.
4.6 Sanction of Advances
4.6.1 Irregularities/ Deficiencies in Credit
Sanction Banks should, take suitable precautions
to avoid irregular practices such as sanctioning
of advances beyond discretionary powers and/or
without proper credit appraisal in order to
minimise chances of frauds.
4.6.2 Delegation of Powers
(i) The Board of Directors should delegate
specific powers to the Branch Managers and other
functionaries at the Head Office level as also
to the Chairman in the matter of sanction of
advances and expenditure. A system should also
be introduced to ensure that powers are
exercised within the limits prescribed and any
transgressions are immediately reported to Head
Office.
(ii) The internal inspectors should examine
during the course of inspection of branches
whether powers have been exercised properly and
any unauthorized exercise of powers should
immediately be brought to the notice of Head
Office. Similarly, sanctions beyond
discretionary powers by the Chairman, Chief
Executive Officer and other executives at the
Head Office should also be reported to the Board
of Directors.
4.6.3 Oral Sanction The higher authorities at
various levels should desist from the unhealthy
practice of conveying sanction of advances
orally or on telephone.
4.6.4 Proper Record of Deviations
(i) Only in exigencies, where sanctions are made
on telephone/oral instructions of higher
functionaries or sanctions beyond discretionary
powers have to be resorted to, the following
steps should be taken:
(a) Record of such instructions/sanctions should
be maintained by the sanctioning/disbursing
authorities explaining the circumstances under
which sanctions were made.
(b) Written confirmation of the competent
sanctioning authority should be obtained by the
disbursing authority / official within a
week/fortnight.
(c) Sanctions within discretionary powers should
also be reported to Head Office within a
stipulated time and Head Office should
meticulously follow up receipt of such returns.
(d) Head Office should diligently scrutinize the
statements/ returns and should initiate
stringent action against erring functionaries if
he/they is/are found to have indulged in
unauthorized sanctioning. Officials should
exercise powers delegated to them judiciously
and should not exceed their discretionary powers
for granting loans and advances. Violations, if
any, in this regard should be viewed seriously
and the guilty should be punished suitably.
4.7 Monitoring Operations in Loan Accounts
4.7.1 Diversion of Funds Some of the bank
clients are known to be making large cash
withdrawals. It is quite possible that such cash
withdrawals may be used by the account holders
for undesirable or illegal activities. While
cash withdrawals cannot be refused, banks should
keep a proper vigil over requests of their
clients for cash withdrawals from their accounts
for large amounts.
4.7.2 Post-Sanction Monitoring
(i) It is the primary responsibility of banks to
be vigilant and ensure proper end use of bank
funds /monitor the funds flow. It is, therefore,
necessary for banks to evolve such arrangements
as may be considered necessary to ensure that
drawals from cash credit/overdraft accounts are
strictly for the purpose for which the credit
limits are sanctioned by them. There should be
no diversion of working capital finance for
acquisition of fixed assets, investments in
associate companies/subsidiaries, and
acquisition of shares, debentures, units of Unit
Trust of India and other mutual funds, and other
investments in the capital market. This has to
be so, even if there is sufficient drawing
power/undrawn limit for the purpose of effecting
drawals from the cash credit account.
(ii) Post sanction follow-up of loans and
advances should be effective so as to ensure
that the security obtained from borrowers
by way of hypothecation, pledge, etc. are not
tampered with in any manner and are adequate.
(iii) Drawals against clearing cheques should be
sanctioned only in respect of first class
customers and even in such cases the extent of
limits and the need therefor should be subjected
to thorough scrutiny and periodical review.
Banks should not issue banker’s cheques/pay
orders/demand drafts against instruments
presented for clearing, unless the proceeds
thereof are collected and credited to the
account of the party. Further, banker’s cheques
/pay orders/ demand drafts, should not be issued
by debit to cash credit /over draft accounts
which are already overdrawn or likely to be
overdrawn with the issue of such instruments.
(iv) Drawals against clearing instruments should
be normally confined to bank drafts and
government cheques and only to a limited extent
against third party cheques.
(v) Cheques against which drawals are allowed
should represent genuine trade transactions and
strict vigilance should be observed against
assisting kite-flying operations.
(vi) Drawals against cheques of allied /sister
concerns should not be permitted and the
facility of drawal against clearing cheques
should normally be of temporary nature and
should not be allowed on a regular basis without
proper scrutiny and appraisal.
(vii) Bills of accommodation nature should never
be purchased and the officials responsible for
purchase of such bills should be punished
suitably.
(viii) In case a borrower is found to have
diverted finance for the purposes, other than
for which it was granted, banks must recall the
amounts so diverted. In addition, banks may
charge penal interest on the amount diverted.
(ix) Where borrowers fail to repay the amounts
diverted from cash credit accounts for uses
other than for which the limit was sanctioned,
banks should reduce the limits to the extent of
amount diverted. The above aspects relating to
safe guards are only illustrative in nature and
not exhaustive.
4.7.3 Responsibility
(i) The primary responsibility for preventing
misuse of funds rests with the management of
banks. For the purpose, highest standards of
integrity and efficiency are imperative in urban
banks which are the trustees of public money.
The banks should, therefore, take appropriate
steps to review and tighten their internal
administration and control measures so as to
eliminate the scope for misuse/diversion of
funds and malpractices.
(ii) Banks should take serious view of instances
of misuse of power, corruption and other
malpractices indulged by the members of staff
and erring staff members should be given
punishments befitting the seriousness of the
irregularity. Light punishments such as issue of
warning, stoppage of increments, transfer, etc.
may not prove a deterrent in all cases. Quick
disposal of enquiries by the banks and award of
deterrent punishment would be necessary in all
such cases, The Board should take more active
interest in these matters.
4.8 Annual Review of Advances For an effective
monitoring of the advances, it is imperative for
the banks to undertake an exercise for review of
the advances on a regular basis. Apart from the
usual objective of such a review of assessing
the quality of operation, safety of funds, etc.
the review should specifically attempt to make
an assessment of the working capital
requirements of the borrower based on the latest
data available, whether limits continue to be
within the need-based requirements and according
to the bank's prescribed lending norms. 4.9
Valuation of properties-empanelment of valuers:
It has been observed that different banks follow
different policies for valuation of properties
and appointment of valuers for the purpose. The
issue of correct and realistic valuation of
fixed assets owned by banks and that accepted by
them as collateral for a sizable portion of
their advances portfolio assumes significance in
view of its implications for correct measurement
of capital adequacy position of banks. Banks are
therefore advised to put in place a
system/procedure for realistic valuation of
fixed assets and also for empanelment of valuers
for the purpose as per the guidelines given at
Annex
5 OTHER GUIDELINES
5.1 Guidelines on Relief Measures to be
Extended by Banks in Areas Affected by Natural
Calamities--
5.1.1 The primary (urban) co-operative banks are
expected to provide relief and rehabilitation
assistance, in their area of operation to people
affected by natural calamities such as droughts,
floods, cyclones, etc. Reserve Bank of India has
from time to time issued guidelines/instructions
to banks in regard to relief measures to be
provided in areas affected by natural
calamities. These guidelines have been
consolidated and are given in Annex III
5.1.2 In order to avoid delay in taking relief
measures on the occurrence of natural calamity,
banks should evolve a suitable policy framework
with the approval of the Board of Directors. An
element of flexibility may be provided in the
measures so as to synchronise the same with the
measures which could be appropriate in a given
situation in a particular State or District and
parameters, in this regard, may be decided in
consultation with SLBC/DCC, as the case may be.
5.1.3 Banks should get the documentation settled
as per revised guidelines in consultation with
their legal departments, taking into account the
relevant provisions of the Contract Act and the
Limitations Act and may issue appropriate
instructions to their offices in respect of
documentation in relation to cases covered by
these guidelines.
5.1.4 Whenever required, RBI advises the banks
to follow these guidelines in respect of persons
affected by riots and disturbances.
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5.2 Disclosure
of Information on Defaulting Borrowers of Banks
and Financial Institutions
5.2.1 The Reserve Bank of India has been
collecting information regarding defaulting
borrowers and suit filed accounts of scheduled
commercial banks and financial institutions for
circulation among banks and financial
institutions to put them on guard against such
defaulters.
5.2.2 Similar information has also to be
collected from scheduled primary (urban)
co-operative banks. These banks are, therefore,
required to submit to the Reserve Bank of India
as at the end of September and March every year,
the details of the borrowal accounts which have
been classified as doubtful, loss or suit filed
with outstanding (both under funded and
non-funded limits) aggregating Rs. 1 crore and
above as per the format given in Annex IV.
5.2.3 The Reserve Bank of India is circulating
to the banks and financial institutions the
information on the defaulters (i.e., advances
classified as doubtful and loss). The banks and
financial institutions may make use of the
information while considering the merits of the
requests for new or additional credit limits by
existing and new constituents.
5.2.4 The data on borrowal accounts against
which suits have been filed for recovery of
advances (outstanding aggregating Rs.1.00 crore
and above) and suit filed accounts of wilful
defaulters with outstanding balance of Rs 25
lakh and above , based on information furnished
by scheduled commercial banks and financial
institutions is available at
www.cibil.com
5.2.5 It islikely that some of the borrowers
named in the list of suit filed accounts may
approach the scheduled primary (urban)
co-operative banks for their credit
requirements. The information available will be
of immense use to scheduled primary (urban)
co-operative banks, while considering requests
for fresh/additional credit limits. The banks
can verify the list to ensure that the
defaulting borrowing units as also their
proprietors/partners/ directors etc. named in
the list of suit-filed accounts, either in their
own names or in the names of other units with
which they are associated, are not extended
further credit facilities.
5.2.6 The banks may make enquiry, if any, about
the defaulters from the reporting bank/
financial institution.
6 MONITORING OF WILLFUL DEFAULTERS
6.1 Collection and dissemination of information
on cases of willful default of Rs. 25.00 lakh
and above
6.1.1 Pursuant to the instructions of the
Central Vigilance Commission for collection of
information on wilful defaulters by RBI and
dissemination to the reporting banks and
financial institutions, a scheme has been framed
under which the banks and financial institutions
will berequired to submit the details of the
wilful defaulters. The scheduled primary (urban)
co- perative banks have also been brought within
the ambit of the scheme.
6.1.2 The details of the scheme are given below:
(i) The scheme has come into force with effect
from 1st April 1999. Accordingly, scheduled
primary (urban) co-operative banks are required
to report on a quarterly basis, all cases of
wilful defaults which occurred, or are detected
after 31st March 1999 in the proforma given in
Annex V. (ii) The scheme covers all
non-performing borrowal accounts with
outstanding (funded facilities and such
non-funded facilities which are converted into
funded facilities) aggregating to Rs. 25.00 lakh
and above.
6.2 Wilful Default "A wilful default would be
deemed to have occurred, if :(a) The unit has
defaulted in meeting its payment / repayment
obligations to the lender even when it has the
capacity to honour the said obligations. OR (b)
The unit has defaulted in meeting its payment
/repayment obligations to the lender and has not
utilised the finance from the lender for the
specific purposes for which finance was availed
of but has diverted the funds for other
purposes. OR (c) The unit has defaulted in
meeting its payment / repayment obligations to
the lender and has siphoned off the funds so
that the funds have not been utilised for the
specific purpose for which finance was availed
of, nor the funds are available with the unit in
the form of other assets.
6.3 Diversion and siphoning of funds
6.3.1 Diversion of funds would be construed to
include any one of the under-noted occurrences:
(a) utilisation of short-term working capital
funds for long-term purposes not in conformity
with the terms of sanctions; (b) deploying
borrowed funds for purposes / activities or
creation of assets other than those for which
the loan was sanctioned; (c) transferring funds
to the subsidiaries / group companies or other
corporates by whatever modalities; (d) routing
of funds through any bank other than the lender
bank or members of consortium without prior
permission of the lender; (e) investment in
other companies by way of acquiring equities /
debt instruments without approval of lenders;
(f) short fall in deployment of funds vis-à-vis
the amounts disbursed / drawn and the difference
not being accounted for.
6.3.2 Siphoning of funds should be construed to
have occured if any funds borrowed are utilised
for purposes unrelated to the operations of the
borrower, to the detriment of the financial
health of the entity or of the lender. The
decision as to whether a particular instance
amounts to siphoning of funds would have to be a
judgement of the lenders based on objective
facts and circumstances of the case.
6.4 Cut-off limits While the penal measures
would normally be attracted by all the borrowers
identified as wilful defaulters or the promoters
involved in diversion / siphoning of funds,
keeping in view the present limit of Rs.25 lakh
fixed by the Central Vigilance Commission for
reporting of cases of wilful default by
scheduled banks to RBI, any wilful
defaulter with an outstanding balance of Rs.25
lakh or more would attract the penal measures
stipulated at para 6.6 below. The limit of Rs.25
lakh may also be applied for the purpose of
taking cognisance of the instances of `siphoning
'/ `diversion' of funds.
6.5 End-use of Funds In cases of project
financing, banks should seek to ensure end use
of funds by, inter alia, obtaining certification
from the Chartered Accountants for the purpose.
In case of short-term corporate / clean loans,
such an approach ought to be supplemented by
`due diligence' on the part of lenders
themselves, and to the extent possible, such
loans should be limited to only those borrowers
whose integrity and reliability were above
board. Scheduled pcbs, therefore, should not
depend entirely on the certificates issued by
the Chartered Accountants but strengthen their
internal controls and the credit risk management
system to enhance the quality of their loan
portfolio. Needless to say, ensuring end-use of
funds by banks should form a part of their loan
policy document for which appropriate measures
should be put in place.
6.5.1 The following are the illustrative
measures that could be taken by the lenders for
monitoring and ensuring end-use of funds : (a)
Meaningful scrutiny of quarterly progress
reports / operating statements / balance sheets
of the borrowers ; (b) Regular inspection of
borrowers' assets charged to the lenders as
security; (c) Periodical scrutiny of borrowers'
books of accounts and the no-lien accounts
maintained with other banks; (d) Periodical
visits to the assisted units; (e) System of
periodical stock audit, in case of working
capital finance; (f) Periodical comprehensive
management audit of the `Credit' function of the
lenders, so as to identify the systemic
weaknesses in the credit-administration.
6.6 Penal measures In order to prevent access to
the capital markets by the wilful defaulters, a
copy of the list of wilful defaulters is
forwarded by RBI to SEBI as well. It has also
been decided that the following measures should
be initiated by scheduled PCBs against the
wilful defaulters (a) No additional facilities
be granted to the listed wilful defaulters. In
addition, the entrepreneurs / promoters of
companies where banks have identified siphoning
/ diversion of funds, misrepresentation,
falsification of accounts and fraudulent
transactions should be debarred from
institutional finance for floating new ventures
for a period of 5 years from the date the name
of the wilful defaulter is published in the list
of wilful defaulters by the RBI. (b) The legal
process, where warranted, against the
borrowers/guarantors and foreclosure of loans
should be initiated expeditiously. The lenders
may also initiate criminal proceedings against
wilful defaulters, wherever necessary. (c)
Wherever possible, the banks should adopt a
proactive approach for a change of management of
the wilfully defaulting borrower unit. It would
be imperative on the part of the banks to put in
place a transparent mechanism for the entire
process so that the penal provisions are not
misused and the scope of such discretionary
powers is kept to the barest minimum. It should
be ensured that a solitary or isolated instance
is not made the basis for imposing penal
measures.
6.7 Treatment of Group While dealing with wilful
default of a single borrowing company in a
group, the banks should consider the track
record of the individual company, with reference
to its repayment performance to its lenders.
However, in cases where a letter of comfort
and/or the guarantees furnished by the companies
within the group on behalf of the wilfully
defaulting units are not honoured when invoked
by scheduled banks, such group companies should
also be reckoned as wilful defaulters.
6.8 Role of Auditors
6.8.1 In case any falsification of accounts on
the part of the borrowers is observed by banks,
they should lodge a formal complaint against the
auditors of the borrowers, with Institute of
Chartered Accountant of India (ICAI) if it is
observed that the auditors were negligent or
deficient in conducting the audit to enable the
ICAI to examine and fix accountability of the
auditors.
6.8.2 With a view to monitoring the end-use of
funds, if the lenders desire a specific
certification from borrowers' auditors regarding
diversion / siphoning of funds by the borrower,
the lender should award a separate mandate to
the auditors for the purpose. To facilitate such
certification by the auditors scheduled pcbs
will also need to ensure that appropriate
covenants in the loan agreements are
incorporated to enable award of such a mandate
by the lenders to the borrowers / auditors.
6.9 Filing of Suits to Recover Dues from Wilful
Defaulters
6.9.1 There are few cases where the amount
outstanding is substantial but the banks have
not initiated any legal action against the
defaulting borrowers. It may be noted that the
cases of wilful defaults have an element of
fraud and cheating and therefore, should be
viewed differently.
6.9.2 Scheduled pcbs should examine all cases of
wilful defaults of Rs. 1.00 crore and above and
file suits in such cases, if not already done.
Banks should also examine whether in such cases
of wilful defaults, there are instances of
cheating/fraud by the defaulting borrowers and
if so, they should also file criminal cases
against those borrowers. In other cases
involving amounts below Rs. 1.00 crore, banks
should take appropriate action, including legal
action, against the defaulting borrowers. Small
and Medium Enterprises (SMEs) and its
restructuring-As part of announcement made by
the Government of India for improving flow of
credit to small and medium enterprises, certain
guidelines have been issued to UCBs for
restructuring of debt of all eligible small and
medium enterprises (SMEs). Details are furnished
in Annex VI. Consequent to the enactment and
notification of the Micro, Small and Medium
Enterprises Development (MSMED) Act 2006 on June
16, 2006 and October 2, 2006, respectively, the
definition of micro, small and medium
enterprises engaged in manufacturing or
production and in providing or rendering of
services has been modified and is required to be
implemented by the banks with immediate effect.
(Details in Annex VII) |
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8. SPECIFIC
LENDING ACTIVITIES
8.1 Bridge Loans/Interim Finance
8.1.1 The grant of bridge loan/interim finance
by pcbs to any company (including finance
companies) is totally prohibited.
8.1.2 The ban on sanction of bridge
loans/interim finance is also applicable in
respect of Euro issues.
8.1.3 The banks should not circumvent these
instructions by purport and/or intent by
sanction of credit under a different
nomenclature like unsecured negotiable notes,
floating rate interest bonds, etc. as also
short-term loans, the repayment of which is
proposed/expected to be made out of funds to be
or likely to be mobilised from external/other
sources and not out of the surplus generated by
the use of the asset(s).
8.1.4 If any bank has sanctioned and disbursed
any bridge loan/interim finance, it should
report the same to the concerned Regional Office
of the Urban Banks Department with full
particulars and certifying that the loans are
utilised strictly for the purpose for which the
public issue and/or market borrowing was
intended. Thereafter, the concerned banks should
immediately take steps to ensure timely
repayment of such bridge loans/interim finance
already sanctioned and disbursed and under no
circumstances, should the banks allow extension
of time for repayment of existing bridge
loans/interim finance.
8.1.5 These instructions are issued by the
Reserve Bank of India in exercise of powers
conferred by the Sections 21 and 35A read with
section 56 of the Banking Regulation Act, 1949.
8.2 Advances to Builders/Contractors
8.2.1 The builders/contractors, who generally
require, huge funds, take advance payments from
the prospective buyers or from those on whose
behalf construction is undertaken and,
therefore, may not normally require bank finance
for the purpose. Any financial assistance
extended to them by banks may result in dual
financing. The banks should, therefore, normally
refrain from sanctioning loans and advances to
this category of borrowers.
8.2.2 However, where contractors undertake
comparatively small construction work on their
own, (i.e. when no advance payments are received
by them for the purpose), the banks may consider
extending financial assistance to them against
the hypothecation of construction materials,
provided such loans and advances are in
accordance with the by-laws of the bank. 8.2.3
The banks should frame comprehensive prudential
norms relating to the ceiling on thetotal amount
of real estate loans, single/aggregate exposure
limit for such loans, margins, security,
repayment schedule and availability of
supplementary finance taking into account
guidelines issued by RBI and the policy should
be approved by the bank's Board.
8.2.4 Exposure to builders and contractors for
commercial real estate will include fund based
and non-fund based exposures secured by
mortgages on commercial real estates (office
buildings, retail space, multi-purpose
commercial premises, multi-family residential
buildings, multi-tenanted commercial premises,
industrial or warehouse space, hotels etc).
Further while framing the policy the banks may
also consider for inclusion the National
Building Code framed by Bureau of Indian
Standards (BIS). For detailed information the
website of Bureau of Indian Standards (www.bis.org.in)
can be accessed.
8.2.5 Banks should undertake a proper scrutiny
of the relevant loan applications, and satisfy
themselves, among other things, about the
genuineness of the purpose, the quantum of
financial assistance required, creditworthiness
of the borrower, his repayment capacity, etc.
and also observe the usual safeguards, such as,
obtaining periodical stock statements, carrying
out periodical inspections, determining drawing
power strictly on the basis of the stock held,
maintaining a margin of not less than 40 to 50
percent, etc. They should also ensure that
materials used up in the construction work are
not ncluded in the stock statements for the
purpose of determining the drawing power.
8.2.6 The banks may also take collateral
security, wherever available. As the
construction work progresses the contractors
will get paid and such payments should be
applied to reduce the balance in the borrowal
accounts. If possible, the banks could perhaps
enter into a tripartite agreement with the
borrower and his clients, particularly when no
collateral securities are available for such
advances. Thus, the banks should ensure that
bank credit is used for productive construction
activity and not for activity connected with
speculation in real estate 8.3 Financing of
Leasing/Hire Purchase Companies
8.3.1 Enrolment of Financial Companies as
Members (i) Primary (urban) co-operative banks
are normally not expected to enroll non-banking
financial institutions like investment and
financial companies as their members since it
would be in contravention of the State
Co-operative Societies Act concerned and will
also not be in conformity with the provisions of
model by-law No.9 recommended for adoption, by
all banks. (ii) Therefore, the primary (urban)
co-operative banks are not permitted to finance
such type of non-banking financial companies (NBFCs).
8.3.2 Norms for financing Leasing/Hire Purchases
Companies (i) As in the case of finance and
investment companies, admission of non-banking
financial companies which are not engaged
exclusively in leasing/hire purchase business as
members may be contrary to the provisions
contained in the state co-operative societies
act concerned and model bye-law No.9 referred to
above. It will, therefore, be necessary for
banks to obtain prior approval of the concerned
Registrar of Co-operative Societies before
admitting them as members. (ii) Even financing
the leasing/hire purchase companies by primary
(urban) co-operative banks on a large scale is
not favoured by the Reserve Bank of India, since
the banks are basically required to cater to the
credit needs of the people of small means. (iii)
Presently banks with working capital funds
aggregating to Rs. 25 crore and above only are
permitted to take up the financing of
leasing/hire purchase companies, that too, only
in consortium with other scheduled commercial
banks. The banks should observe the following
norms, while financing such companies : (a) The
level of finance to leasing/hire purchase
companies depends on the net owned funds of the
companies, subject to the overall ceiling on
their borrowings upto ten times of their owned
funds. (b) Bank credit to companies exclusively
engaged in equipment easing and hire
purchases and such leasing/hire purchase
companies which are predominantly engaged in
equipment leasing/hire purchase business (i.e.,
at least 75 per cent of assets are in equipment
leasing/hire purchase and 75 per cent of their
gross income is derived from these two types of
activities as per their last audited balance
sheet) may be extended within the ceiling of
three times of the net owned funds within the
overall ceiling of their borrowings upto ten
times of net owned funds. ( c) In the case of
other equipment leasing/hire purchases companies
(i.e. companies whose assets in equipment
leasing/hire purchase business are less than 75
per cent and whose gross income derived from
these two types of activities as per the last
audited balance sheet is less than 75 per cent
of its gross income), the credit limit has to be
within two times of their net owned funds from
the present level of four times.
8.4 Working Capital Finance to Information
Technology (IT) and Software Industry
8.4.1 Banks are permitted to decide on their own
the loan policy and the manner of estimating
the working capital finance based on MPBF method
or any other method to be approved by their
Board of Directors. The stance of Reserve Bank
policy towards operational freedom to banks
remains unchanged. At the same time, Reserve
Bank recognises the fact that the banks are not
comfortable with extending aggressive credit
support to a relatively new area of software
industry unlike other traditional industries,
due to several factors which make the assessment
of credit needs and follow up thereof difficult,
if not insurmountable.
8.4.2 In order to bring about uniformity in
approach, the Reserve Bank has formulated
guidelines for information of banks, on various
aspects of lending to information technology and
software industry to facilitate free flow of
credit. The same were enclosed to our circular
DS.SUB.No.4/13.05.00/98-99 dated 5 October 1998,
addressed to scheduled PCBs. Banks are, however,
free to modify the guidelines based on their own
experience without reference to Reserve Bank to
achieve the purpose of the guidelines in letter
and spirit.
8.4.3 These guidelines have been framed based on
the recommendations made by the study group
appointed by Reserve Bank to study the
modalities of credit extension to software
industry as also taking into account the
suggestions made by the industry associations.
8.4.4 This being a relatively new area of credit
deployment, primary (urban) co-operative banks
may take adequate steps to develop expertise in
this area. Besides other measures which banks
might take, the need for training staff for
developing them in acquiring skills of project
appraisal in this new area of activity need not
be over-emphasised. It has to be ensured that
the concerned staff is well aware of the
requirements of the industry and remain in tune
with the latest developments so that the higher
standards of project appraisal can be maintained
before extending the working capital finance to
Information Technology and software industries.
8.5 Advances against Gold: Hallmarking of gold
jewellery ensures the quality of gold used in
the jewellery as to caratage, fineness and
purity. Banks would find granting of advances
against the security of such hallmarked
jewellery safer and easier. Preferential
treatment of hallmarked jewellery is likely to
encourage practice of hallmarking which will be
in the long-term interest of consumers, lenders
and the industry. Therefore, banks while
considering granting advances against jewellery
may keep in view the advantages of hallmarked
jewellery and decide on the margin and rates of
interest thereon.
8.6 Grant of loans for acquisition of
of/investing in small savings instruments
including Kisan Vikas Patras: Grant of loans for
acquiring/investing in KVPs does not promote
fresh savings and, rather , channelise the
existing savings in the form of bank deposits to
small savings instruments and thereby defeat the
very purpose of such schemes. Banks may
therefore ensure that no loans are sanctioned
for acquisition of/investing in small savings
instruments including Kisan Vikas Patras.
9. DISCOUNTING / REDISCOUNTING OF BILLS BY
BANKS
Banks may adhere to the following guidelines
while purchasing / discounting / negotiating /
rediscounting of genuine commercial / trade
bills:
i. Since banks have already been given freedom
to decide their own guidelines for assessing /
sanctioning working capital limits of borrowers,
they may sanction working capital limit as also
bills limit to borrowers after proper appraisal
of their credit needs and in accordance with the
loan policy as approved by their Board of
Directors.
ii. Banks should clearly lay down a bills
discounting policy approved by their Board of
Directors, which should be consistent with their
policy of sanctioning of working capital limits.
In this case, the procedure for Board approval
should include banks’ core operating process
from the time the bills are tendered tillthese
are realised. Banks may review their core
operating processes and simplify the procedure
in respect of bills financing. In order to
address the oft-cited problem of delay in
realisation of bills, banks may take advantage
of improved computer / communication network
like Structured Financial Messaging System (SFMS),
wherever available, and adopt the system of
‘value dating’ of their clients’ accounts.
iii. Banks should open letters of credit (LCs)
and purchase / discount / negotiate bills under
LCs only in respect of genuine commercial and
trade transactions of their borrower
constituents who have been sanctioned regular
credit facilities by the banks. Banks should
not, therefore, extend fund based (including
bills financing) or non-fund based facilities
like opening of LCs, providing guarantees and
acceptances to non-constituent borrower or / and
non-constituent member of a consortium /
multiple banking arrangement.
iv. For the purpose of credit exposure, bills
purchased / discounted / negotiated under LC
(where the payment to the beneficiary is not
made ‘under reserve’) will be treated as an
exposure on the LC issuing bank and not on the
borrower. All clean negotiations as indicated
above , will be assigned the risk weight as is
normally applicable to inter-bank exposures, for
capital adequacy purposes. In the case of
negotiations ‘under reserve’ the exposure should
be treated as on the borrower and risk weight
assigned accordingly.
v. While purchasing / discounting / negotiating
bills under LCs or otherwise, banks should
establish genuineness of underlying transactions
/ documents.
vi. Banks should ensure that blank LC forms are
kept in safe custody as in case of security
items like blank cheques, demand drafts etc. and
verified / alanced on daily basis. LC forms
should be issued to customers under joint
signatures of the bank’s authorised officials.
vii. The practice of drawing bills of exchange
claused ‘without recourse’ and issuing letters
of credit bearing the legend ‘without recourse’
should be discouraged because such notations
deprive the negotiating bank of the right of
recourse it has against the drawer under the
Negotiable Instruments Act. Banks should not,
therefore, open LCs and purchase / discount /
negotiate bills bearing the ‘without recourse’
clause.
viii. Accommodation bills should not be
purchased / discounted / negotiated by banks.
The underlying trade transactions should be
clearly identified and a proper record thereof
maintained at the branches conducting the bills
business.
ix. Banks should be circumspect while
discounting bills drawn by front finance
companies set up by large industrial groups on
other group companies.
x. Bills rediscounts should be restricted to
usance bills held by other banks. Banks should
not rediscount bills earlier discounted by
non-bank financial companies (NBFCs) except in
respect of bills arising from sale of light
commercial vehicles and two / three wheelers.
xi. Banks may exercise their commercial judgment
in discounting of bills of services sector.
However, while discounting such bills, banks
should ensure that actual services are rendered
and accommodation bills are not discounted.
Services sector bills should not be eligible for
rediscounting. Further, providing finance
against discounting of services sector bills may
be treated as unsecured advance and therefore,
should be within the limits prescribed by UBD
for sanction of unsecured advances.
xii. In order to promote payment discipline
which would to a certain extent encourage
acceptance of bills, all corporate and other
constituent borrowers having turnover above
threshold level as fixed by the bank’s Board of
Directors should be mandated to disclose ‘aging
schedule’ of their overdue payables in their
periodical returns submitted to banks.
xiii. Banks should not enter into Repo
transactions using bills discounted /
rediscounted as collateral. Any violation of
these instructions will be viewed seriously and
invite penal action from RBI. |
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Annex II
Guidelines on valuation of
properties-empanelment of valuers – (Vide
para no 4.8)
Banks may be guided by the following aspects
while formulating a policy on valuation of
properties and appointment of valuers:
(a) Policy for valuation of properties
i) Banks should have a Board approved policy in
place for valuation of properties including
collaterals accepted for their exposures.
ii) The valuation should be done by
professionally qualified independent valuers
i.e. the valuer should not have a direct or
indirect interest.
iii) The banks should obtain minimum two
Independent Valuation Reports for properties
valued at Rs.50 crore or above.
(b) Revaluation of bank’s own properties In
addition to the above, the banks may keep the
following aspects in view while formulating
policy for revaluation of their own properties.
i) The extant guidelines on Capital Adequacy
permit banks to include revaluation reserves at
a discount of 55% as a part of Tier II Capital.
In view of this, it is necessary that
revaluation reserves represent true appreciation
in the market value of the properties and banks
have in place a comprehensive policy for
revaluation of fixed assets owned by them. Such
a policy should inter alia cover procedure for
identification of assets for revaluation,
maintenance of separate set of records for such
assets, the frequency of revaluation,
depreciation policy for such assets, policy for
sale of such revalued assets etc. The policy
should also cover the disclosure required to be
made in the 'Notes on Account' regarding the
details of revaluation such as the original cost
of the fixed assets subject to revaluation and
accounting treatment for appreciation /
depreciation etc.
ii) As the revaluation should reflect the change
in the fair value of the fixed asset, the
frequency of revaluation should be determined
based on the observed volatility in the prices
of the assets in the past. Further, any change
in the method of depreciation should reflect the
change in the expected pattern of consumption of
the future economic benefits of the assets. The
banks should adhere to these principles
meticulously while changing the frequency of
revaluation/method of depreciation for a
particular class of asset and should make proper
disclosures in this regard.
(c) Policy for Empanelment of Independent
valuers
i) Banks should have a procedure for empanelment
of professional valuers and maintain a register
of 'approved list of valuers'.
ii) Banks may prescribe a minimum qualification
for empanelment of valuers. Different
qualifications may be prescribed for different
classes of assets (e.g. land and building, plant
and machinery, agricultural land, etc.). While
prescribing the qualification, banks may take
into consideration the qualifications prescribed
under Section 34AB (Rule 8A) of the Wealth Tax
Act, 1957.
2. Banks may also be guided by the relevant
Accounting Standard issued by the Institute of
Chartered Accountants of India. |
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Annex III
Management of Advances Guidelines for Relief
Measures by Banks
in Areas Affected by Natural Calamities
[Vide para 5.1.1]
1. Periodical but frequent occurrence of
droughts, floods, cyclones, tidal waves and
other natural calamities cause heavy toll of
human life and wide spread damage to economic
pursuits of human beings in one area or the
other of the country. The devastation caused by
such natural calamities call for massive
rehabilitation efforts by all agencies. The
State and local authorities draw programmes for
economic rehabilitation of the affected people.
The developmental role assigned to the
commercial banks and co-operative banks,
warrants their active support in revival of the
economic activities.
2. Since the area and time of occurrence and
intensity of natural calamities cannot be
anticipated, it is imperative that the banks
have a blue-print of action in such
eventualities so that the required relief and
assistance is provided with the utmost speed and
without any loss of time. This presupposes that
all the branches of commercial banks and their
Regional and Zonal Officers will have a set of
standing instructions spelling out the action
that the branches will have to initiate in the
calamity affected areas immediately after the
requisite declaration by the district/State
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