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2.1 As financial institutions expand and become increasingly
complex under the impact of deregulation, innovations and technological upgradation,
the role of supervision and regulation becomes critical for the stability of
the system. The choices before the financial institutions and their regulators
are changing dramatically, with the need for supervisory rules and guidelines
to evolve with the changing financial conditions, as also with the changing
risk appetite and risk management approaches. The most important challenge before
the supervisors is developing an approach to regulation that would work in a
world of plurality, diversity and dynamism. During the past decade, the process
of financial transformation in India has also been marked by wide-ranging changes
in the policy environment.
2.2 Management of the financial sector over the years has been
oriented towards maintaining a balance between efficiency and stability, while
pursuing gradual economic integration with the rest of the world. In India,
financial sector reforms have sought to strengthen the regulatory and supervisory
framework and to bring it at par with international best practices, along with
suitable country-specific adaptations. This has also been the guiding principle
in the approach to the New Basel Accord. During 2003-04, improvements in management
of risk and non-performing assets (NPAs) were sought to be achieved through
the issuance of comprehensive guidelines on credit, market, country and operational
risks to banks, and through the implementation of several regulatory changes.
The changes in supervision included progress towards risk-based and consolidated
supervision. Steps were also taken to improve credit delivery and to strengthen
the technological and legal infrastructure so as to enhance efficiency of the
financial system.
2.3 Against this backdrop, the present Chapter provides
an overview of the policy initiatives in the Indian commercial banking sector
during 2003-04 and in 2004-05 so far (up to October 2004). The changes in the
overall thrust of monetary and credit policy are presented first in Section
2. This also includes a discussion on steps for improvement in credit delivery.
Section 3 presents a review of the measures initiated in the area of prudential
regulation, followed by Section 4 on developments regarding management of non-performing
assets. Section 5 deals with developments in supervision and supervisory policy,
which is followed in Section 6 by a discussion on the evolving consultative
approach to policy formulation. Changes in money, Government securities and
foreign exchange markets, technological developments and upgradation of legal
infrastructure are presented in the subsequent Sections of 7, 8 and 9, respectively.
2. Monetary and Credit Policy
2.4 The policy statements of the Reserve Bank, announced
twice during a year, were known as the Credit Policy Statements till
1992 - the year which marked the initiation of financial sector reforms. With
the move towards a more market oriented financial system and operating procedures
for monetary policy, the policy was renamed as the Monetary and Credit Policy
so as to highlight the growing linkages between the two. Apart from credit pricing
and credit delivery, regulatory policies were also recognised to be important
for channelling the flow of credit. In the succeeding years, the Reserve Bank
policy statements became increasingly comprehensive discerning the links between
monetary policy, credit policy and regulatory regime in a dynamic situation
involving overall structural transformation of the real sector, the financial
sector and the opening of the economy. Recognising the overall interplay of
these factors, the Reserve Bank policy statement since 2004-05 has been renamed
as the Annual Policy Statement.
* The primary focus of the Chapter is on policy developments during 2003-04;
nevertheless, wherever necessary, references are made to the recent policy
developments.
2.5 Although the policy objectives of the Reserve Bank have
remained broadly unchanged over the years, there is some change in emphasis
from time to time. In addition to the traditional objectives of growth and price
stability, a third objective that has been gaining importance in the post reform
period is that of financial stability. While in the short run, there may exist
some trade-offs between the stated objectives, in the long run, the complementarities
among them become more pronounced.
2.6 The focus on growth and stability continued to be reflected
in the overall stance of monetary policy in recent years. The overall stance
of monetary policy for 2003-04 and reiterated in the mid-term review of monetary
and credit policy 2003-04 included: (i) provision of adequate liquidity to meet
credit growth and support investment demand in the economy while continuing
a vigil on movements in the price level; and (ii) to continue with the stance
of a preference for a soft and flexible interest rate environment within the
framework of macroeconomic stability. But monetary management in 2003-04 was
confronted with an increase in the volatility of inflation rate as well as a
continued abundance of liquidity. Recognising these, as well as factoring in
the prospects for the real sector, inflationary expectations and international
developments, especially the hardening of oil and commodity prices, the policy
stance for 2004-05 was fine-tuned: (i) to provide adequate liquidity to meet
credit growth and support investment and export demand in the economy while
keeping a very close watch on the movements in the price level; and (ii) while
continuing with the status quo, to pursue an interest rate environment
that is conducive to maintaining the momentum of growth, and macroeconomic and
price stability. The annual policy Statement of 2004-05 emphasised, barring
the emergence of any adverse and unexpected developments in the various sectors
of the economy and assuming that the underlying inflationary situation does
not turn adverse, the above-mentioned stance would be maintained. Though monetary
management in the first half of 2004-05 was conducted broadly in conformity
with the monetary policy stance announced in the annual policy Statement of
2004-05, monetary management faced severe challenges on two counts: (i) overhang
of liquidity; and (ii) acceleration in headline WPI inflation beyond the anticipated
level with implications for inflationary expectations.
While capital inflows were not at the level of the previous
year, the carry forward of liquidity into the current fiscal year was over Rs.81,000
crore. The liquidity balance was complicated further by a sharp increase in
reserve money in the previous year emanating largely from build-up of excess
cash balances by commercial banks towards the close of the year, in fact in
the last week of March 2004. As the overall assessment of the inflation scenario
revealed that it was largely supply induced, it was necessary to balance the
pros and cons of using monetary policy instruments as a means for stabilising
inflationary expectations. Given the large informal sector and the fact that
the vast majority of population is not hedged against inflation, determined
efforts were needed to contain inflationary expectations while carefully assessing
the facts and reasons on an ongoing basis for appropriate policy responses and
communicating the assessments and policy responses from time to time. Subsequent
to the announcement of the annual policy Statement of 2004-05 in May 2004, a
number of calibrated responses were taken to moderate inflationary expectations
and reiterate the importance of stability in financial market conditions, while
ensuring that appropriate liquidity is maintained in the system. Consistent
with the developments during the first half of 2004-05, barring the emergence
of any adverse and unexpected developments in the various sectors of the economy
and keeping in view the inflationary situation, the overall stance of monetary
policy for the second half of 2004-05 was formulated as: provision of appropriate
liquidity to meet credit growth and support investment and export demand in
the economy while placing equal emphasis on price stability; consistent with
the above, to pursue an interest rate environment that is conducive to macroeconomic
and price stability, and maintaining the momentum of growth; and to consider
measures in a calibrated manner, in response to evolving circumstances with
a view to stabilising inflationary expectations.
2.7 The policy statements as well as mid-term reviews of
the Reserve Bank have been focusing on the structural and regulatory measures
to strengthen the financial system. The policy measures have been guided by
the objectives of increasing operational efficacy of monetary policy, redefining
the regulatory role of the Reserve Bank, strengthening prudential norms, and
developing technological and institutional infrastructure.
With a paradigm shift from micro-regulation to prudential regulation
and macro-management, the monetary and credit policy 2003-04 placed emphasis
on promoting financial stability through developing sound risk management systems
and enhancing transparency and accountability while continuing the stance stated
earlier. The annual policy Statement of 2004-05 in particular has placed greater
emphasis on the need to enhance the integration of various segments of the financial
market, improve credit delivery system, nurture the conducive credit culture
and improve the quality of financial services. In view of the above, structural
and regulatory measures aimed at increasing the operational effectiveness of
monetary policy, redefining the regulatory role of the Reserve Bank, strengthening
the prudential and supervisory norms and developing the institutional infrastructure
have gained prominence. The Reserve Bank is continuously working towards consolidating
the gains of financial sector reforms by further broadening the consultative
process. While the emphasis, at this stage, is on reinforcing corporate governance
within financial institutions, the focus is also on enhancing the credit delivery
mechanism and facilitating ease of transactions by the common person.
Statutory Pre-emptions
2.8 There has been a distinct shift in the monetary policy
framework and operating procedures from direct instruments of monetary control
to market-based indirect instruments. Consequently, a phased reduction in Cash
Reserve Ratio (CRR) and Statutory Liquidity Ratio (SLR) has taken place since
1991, thereby releasing the resources pre-empted earlier by reserve requirements.
Cash Reserve Ratio
2.9 The CRR of scheduled commercial banks (SCBs) which was
15 per cent of net demand and time liabilities (NDTL) between July 1, 1989 and
October 8, 1992 was brought down in phases to 4.5 per cent on June 14, 2003.
On a review of the macroeconomic situation, the CRR was increased by one-half
of one percentage point of the NDTL in two stages - to 4.75 per cent effective
September 18, 2004 and further to 5.0 per cent effective October 2, 2004. Also
in line with the recommendations of the Internal Group on Liquidity Adjustment
Facility (LAF) (December 2003), the remuneration on eligible cash balances under
CRR has been delinked from the Bank Rate and placed at a rate lower than the
repo rate, at 3.5 per cent effective September 18, 2004. However, the Reserve
Bank would continue to pursue its medium-term objective of reducing CRR to its
statutory minimum of three per cent. The Reserve Bank chose to increase the
CRR, partly for absorbing liquidity in the system, but more importantly for
signalling the Reserve Bank’s concern at the unacceptable levels of inflation
so that inflationary expectations are moderated while reiterating the importance
of stability in financial market conditions.
Statutory Liquidity Ratio
2.10 The Statutory Liquidity Ratio has been progressively brought
down from the peak rate of 38.5 per cent in February 1992 to the statutory minimum
of 25.0 per cent in October 1997. Commercial banks, however, hold SLR securities
well in excess of the statutory prescription in response to attractive risk-free
yields. The banking system held SLR securities to the extent of 41.3 per cent
of its NDTL as at end-March 2004.
Interest Rate Structure
2.11 Prior to the reforms, direct monetary controls coupled
with administered lending and deposit rates created distortions in both supply
and demand for credit. The structure of administered interest rates has since
been almost totally dismantled. Banks now have sufficient flexibility to decide
their deposit and lending rate structures and manage their assets and liabilities
accordingly. At present apart from savings account and NRE deposits on the deposit
side and export credit and small loans on the lending side, all other interest
rates are deregulated.
Bank Rate and Repo Rate
2.12 With the gradual liberalisation of interest rates by the
mid-1990s, the Reserve Bank was able to reactivate the Bank Rate as a signalling
device in April 1997 by linking rates on various standing facilities to the
same. Bank Rate was used to signal the stance of policy in association with
other supporting instruments. In the recent period, given the surplus liquidity
conditions in the financial market, coupled with the fact that discretionary
liquidity was being provided at the reverse repo rate1 as and when
required, the importance of the Bank Rate as a signalling rate declined. It
is desirable that the liquidity injections take place at a single rate. Accordingly,
the Internal Group on LAF suggested that the Bank Rate, under normal circumstances,
be aligned to the reverse repo rate, and accordingly the entire liquidity support
including refinance could be made available at the reverse repo rate/Bank Rate.
The Bank Rate/reverse repo rate would, therefore, provide the upper bound to
the interest rate corridor. The Group also suggested that the Reserve Bank may
continue to announce the Bank Rate independently. On a review of macroeconomic
developments, the Bank Rate, which was reduced from 6.25 per cent to 6.0 per
cent on April 29, 2003, was left unchanged in the mid-term Review of the annual
policy for 2004-05.
2.13 The LAF, which has been increasingly emerging as the principal
operating instrument of monetary policy, allows the Reserve Bank to manage market
liquidity on a daily basis while helping the short-term money market interest
rates to move within a corridor thereby imparting stability and facilitating
the emergence of a short-term rupee yield curve. Taking into account recommendations
of the Internal Group on LAF and the suggestions from the market participants
and experts, the revised LAF scheme came into effect from March 29, 2004. The
scheme outlined: (i) 7-day fixed rate repo to be conducted daily in place of
daily LAF auctions and (ii) overnight fixed rate reverse repo to be conducted
daily, on weekdays. Also the 14-day repo, which was reintroduced through an
announcement made on November 5, 2001, conducted at fortnightly intervals, was
being continued for some time in order to enable market participants to meet
their prior commitments. With a view to enhancing further the effectiveness
of LAF and to facilitate liquidity management in a flexible manner, the mid-term
Review of annual policy for 2004-05 proposed that the LAF scheme would be operated
with overnight fixed rate repo and reverse repo with effect from November 1,
2004, and accordingly, auctions of 7-day and 14-day repo (reverse repo in international
parlance) have been discontinued from November 1, 2004. With effect from October
29, 2004, it has been decided to adopt the international usage of ‘Repo’ and
‘Reverse Repo’ terms under LAF operations. Accordingly, absorption of liquidity
by the Reserve Bank in the LAF window is being termed as ‘reverse repo’ and
injection of liquidity as ‘repo’.
2.14 Under the revised LAF Scheme, the Reserve Bank continues
to have the discretion to conduct overnight repo/longer term repo/reverse repo
auctions at fixed rate or at variable rates, and has the discretion to change
the spread between the repo rate and the reverse repo rate as and when appropriate
keeping in view the market conditions and other related factors. On an assessment
of the prevailing situation, overnight fixed rate repo at 4.5 per cent under
LAF has been introduced in addition to the existing overnight fixed rate reverse
repo at 6.0 per cent with effect from August 16, 2004. In view of the current
macroeconomic and overall monetary conditions, it has been decided to increase
the fixed repo rate by 25 basis points from 4.50 per cent to 4.75 per cent effective
from October 27, 2004. The spread between the repo rate and the reverse repo
rate, which was reduced by 50 basis points from 200 basis points to 150 basis
points with effect from March 29, 2004, has further been reduced by 25 basis
points from 150 basis points to 125 basis points with effect from October 27,
2004. Accordingly, the fixed reverse repo rate under LAF continues to remain
at 6.0 per cent.
Deposit Rates
2.15 Prescriptions of interest rates on all term deposits,
including conditions of premature withdrawal, and offering of the uniform rate
irrespective of size of deposits have been dispensed with. At present, on the
deposit side, only savings deposit rate (which is at 3.5 per cent per annum
currently) and NRI deposit rate are being prescribed by the Reserve Bank. Banks
are otherwise free to offer interest rates on deposits of any maturity above
15 days for regular deposits and 7 days for wholesale deposits (over Rs.15 lakh)
from residents. In the
1 In the international parlance, while ‘repo’ denotes
injection of liquidity by the central bank against eligible collateral, ‘reverse
repo’ denotes absorption of liquidity by the central bank against eligible
collateral. On the contrary, in the Indian context ‘repo’ denotes liquidity
absorption by the Reserve Bank and ‘reverse repo’ denotes liquidity injection.
mid-term Review of annual policy for 2004-05 banks have been
allowed to reduce the minimum tenor of retail domestic term deposits (under
Rs.15 lakh) from 15 days to 7 days, at their discretion. Banks, however, would
continue to have the freedom to offer differential rates of interest on wholesale
domestic term deposits of Rs.15 lakh and above as earlier. There are, however,
interest rate ceilings prescribed for foreign currency denominated deposits
and rupee deposits from non-resident Indians (NRIs), and such ceilings will
have to continue as part of managing external debt flows, especially the short-term
flows.
2.16 In view of the implications for the interest rate structure
and the high fiscal cost of the small savings schemes, the Union Government
constituted an Advisory Committee to advise on the Administered Interest Rates
and Rationalisation of Saving Instruments (Chairman: Dr. Rakesh Mohan)2
on January 24, 2004. While the Committee was in favour of continuing with most
of the small saving schemes, given their popularity in the rural and semi-urban
areas, it recommended discontinuance of a few saving instruments offered by
the Government where investments are primarily motivated by tax benefits available
under Section 88 and Section 10 of the Income Tax Act. The Committee, however,
preferred to continue with the PPF Scheme in its present form. After considering
alternative benchmarks and a fixed illiquidity premium of 50 basis points, the
Committee decided to continue with average yields on Government securities as
the most suitable benchmark in line with the suggestion made by the Reddy Committee3
. A few recommendations of the Committee in respect of introduction of
a Senior Citizens’ Savings Scheme and discontinuation of the Deposit Scheme
for Retiring Employees and 6.5 per cent Saving Bonds 2003 (non-taxable) have
already been implemented by the Central Government with certain modifications.
2.17 Since banks have been given freedom to determine interest
rates on deposits and advances and the extant guidelines cover only certain
operational matters, there have been requests from various quarters for rationalisation
of the operational guidelines relating to deposits.
A Working Group was constituted to review the whole range of
the regulations, instructions and guidelines governing the interest rate structure,
(Chairman : Shri H. N. Sinor), with representation from select banks, Indian
Banks’ Association (IBA) and the Reserve Bank. The Group’s Report was examined
by the Reserve Bank and based on its recommendations, instructions were issued
to banks on February 13, 2004 effecting the following changes in the extant
guidelines: (i) all aspects concerning renewal of overdue deposits to be decided
by individual banks subject to their Boards laying down a transparent, non-discretionary
and non-discriminatory policy in this regard and (ii) decisions on margin on
advances against term deposits and interest payable on maturity proceeds of
deposit accounts of deceased depositors also to be left to the discretion of
individual banks subject to their Boards laying down a transparent policy in
this regard.
NRI Deposit Scheme
2.18 The deposit schemes available to the NRIs have been streamlined
and currently three schemes, viz., Foreign Currency (Non-Resident) Account
(Banks) [FCNR(B)] Scheme, Non-Resident (External) Rupee [NRE] Account Scheme
and the Non-Resident (Ordinary) [NRO] Account Scheme are under operation (Box
II.1). Fresh deposits under Non-Resident (Non-Repatriable) Rupee [NRNR] Account
Scheme or the Non-Resident (Special) Rupee [NRSR] Account Scheme were discontinued
with effect from April 1, 2002, and existing deposits were to continue only
up to the date of maturity. On maturity of the existing deposits under the NRNR
Account Scheme and NRSR Account Scheme, the maturity proceeds would be credited
to the account holder’s NRE Account and NRO Account, respectively.
2.19 Banks in India were offering FCNR(B) deposits in foreign
currency and NRE deposits in domestic currency to the NRIs. While the interest
rates on the former were linked to LIBOR/SWAP rates, interest rates on the latter
were at par with domestic deposit rates. Given the fact that NRE deposits are
fully repatriable, in order to provide consistency in the interest rates offered
to NRIs,
2 Government of India (2004), ‘Report of the Advisory Committee to Advise
on the Administered Interest Rates and Rationalisation of Savings Instruments’,
Reserve Bank of India Bulletin, August.
3 Government of India (2001), ‘Report of the Expert Committee to Review
the System of Administered Interest Rates and other Related Issues’, September
17.
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Box II.1: Features of Various Deposit Schemes Available to NRIs
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Particulars
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FCNR(B) Account
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NRE Account
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NRO Account
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Type of Account
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Term Deposits only
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Savings, Current,
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Savings, Current, Recurring, Fixed Deposits
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Recurring, Fixed Deposits
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Eligibility
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NRIs (ndividuals/ entities of Bangladesh/ Pakistan nationality/ ownership
require prior approval of the Reserve Bank)
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NRIs (Individuals/entities of
Bangladesh/Pakistan nationality/ ownership require prior approval of
the Reserve Bank)
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Any person resident outside India (other than a person resident in Nepal
and Bhutan)
(Individuals/entities of Bangladesh/Pakistan
nationality /ownership as well as erstwhile
OCBs require prior approval of the Reserve Bank)
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Currency in which
account is denominated
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Pound Sterling, US Dollar, Japanese Yen and Euro
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Indian Rupees
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Indian Rupees
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Rate of Interest
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Subject to cap:
LIBOR minus 25 basis points except in case of Japanese Yen where the cap
would be based on the prevailing LIBOR rates
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Subject to cap:
Fixed Deposits : Should not
exceed LIBOR/SWAP rates for
US Dollar of corresponding
maturity plus 50 basis points.
Savings Bank accounts:Should not exceed LIBOR/SWAP rate for
six months maturity on US Dollar
deposits plus 50 basis points.
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Fixed Deposits: Banks are free to determine
interest rates.
Savings Bank accounts:
Same as domestic savings bank accounts of resident Indians.
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Repatriability
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Repatriable
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Repatriable
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Not repatriable except for the following in the
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accounts:
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1.
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Current income.
Up to US $ 1 million per calendar year for any bonafide purpose out of
the balances in NRO account/sales proceeds of assets.
Immovable property should have been held for a period not less than ten
years.
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2.
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3.
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If the immovable property acquired out of rupee funds is sold after being
held for less than ten years, remittance can be made, if the sale proceeds
were held for the balance period in NRO account (Savings/Term Deposit)
or in any other eligible investment, provided such investment is traced
to the sale proceeds of the immovable property.
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Notes:1.
When a person resident in India leaves India for Nepal and Bhutan for
taking up employment or for carrying on business or vocation or for any
other purposes indicating his intention to stay in Nepal and Bhutan for
an uncertain period, his existing account will continue as a resident
account. Such account should not be designated as Non-resident (Ordinary)
Rupee Account (NRO).
2.ADs may open and maintain NRE/FCNR(B) accounts of persons resident in
Nepal and Bhutan who are citizens of India or of Indian origin, provided
the funds for opening these accounts are remitted in freely convertible
foreign exchange. Interest earned in NRE/FCNR (B) accounts can be remitted
only in Indian Rupees to NRIs and Person of Indian Origin (PIO) resident
in Nepal and Bhutan.
3.In terms of Regulation 4(4) of the Notification No.FEMA 5/2000-RB dated
May 3, 2000, ADs may open and maintain Rupee accounts for a person resident
in Nepal/Bhutan.
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an interest rate ceiling linked to the LIBOR/SWAP rates was prescribed on NRE deposits in stages during 2003-04. The ceiling on interest rates on fresh (and renewals of) term deposits for one to three years under the NRE scheme was placed at 250 basis points above the LIBOR/SWAP rates for the US dollar of corresponding maturity, effective July 17, 2003. The spread over LIBOR/ SWAP rates was reduced to 100 basis points, effective September 15, 2003 and further to 25 basis points effective October 18, 2003. NRE deposit rates were placed at LIBOR/SWAP rates effective April 17, 2004 in pursuance of the recommendations of the Internal Group on External Liabilities of Scheduled Commercial Banks which proposed alignment of NRE term deposit rates with international rates. Further, the NRE savings deposit rate was capped at a maximum of LIBOR/SWAP rates for six months’ maturity on US dollar deposits effective April 17, 2004. No lien of any type, direct or indirect, is permitted against the balances in NRE savings accounts. In the mid-term Review of annual policy for 2004-05, the ceiling on NRE interest rates was raised to LIBOR/SWAP rates of US dollar of corresponding maturities plus 50 basis points. However, the ceiling on FCNR(B) deposit rates continue to be at LIBOR/SWAP rates of corresponding maturities minus 25 basis points. With a view to bringing NRE accounts at par with the domestic deposits, the Union Budget 2004-05 proposed the withdrawal of tax exemptions on interest earned from a NRE account and interest paid by banks to a non-resident or to a not-ordinarily resident on deposits in foreign currency with effect from April 1, 2005.
2.20 As part of the ongoing liberalisation of foreign exchange payments, supported by the steady accumulation of foreign exchange reserves in the face of strong capital inflows, a number of measures were undertaken in 2003-04 to further liberalise the payments regime for individuals (Box II.2).
Box II.2: Channels of Remittance to India
While bulk of the inward remittances to India takes place through banking channels, two schemes, viz., Money Transfer Service Scheme (MTSS) and Rupee Drawing Arrangements (RDA), have recently gained momentum on account of their speed and ease of operation.
MTSS is an approved method of transferring remittances from abroad to beneficiaries in India. Only personal remittances such as remittances towards family maintenance and remittances favouring foreign tourists visiting India are permissible. The system envisages a tie-up between reputed money transfer companies abroad and agents in India who have to be an Authorised Dealer, Full Fledged Money Changer, registered NBFC or International Air Transport Association (IATA) approved travel agent with a minimum net worth of Rs.25 lakh. The Indian agent requires the Reserve Bank approval to enter into such an arrangement. Remittances up to Rs.50,000 can be paid in cash, while any amounts in excess of this amount have to be necessarily paid by cheque/demand draft. The system does not envisage the repatriation of such inward remittances. Currently, there are 14 overseas principals who have tie-ups with 39 Indian entities. Collateral equal to 3 days’ drawings or US $ 50,000 (whichever is higher) is placed by the overseas principals to indemnify the Indian agents against possible defaults. Limits have been placed on the maximum amount permissible per remittance as well as the number of remittances allowed to be received by each beneficiary. The agents have to maintain clear audit trails of all transactions undertaken by them. An amount of US $ 837 million was received through this arrangement during January-December 2003 as against US $ 555 million during 2002, an increase of 51 per cent.
Rupee Drawing Arrangements (RDA) are entered into by banks in India with Private Exchange Houses in the Gulf Region, Singapore and HongKong for channelising inward remittances. Authorised Dealers need the prior approval of the Reserve Bank to enter into RDA with Exchange Houses and open vostro accounts in their name. Inward remittances under the scheme are normally personal remittances from NRIs in the above countries. Trade remittances up to Rs.2 lakh per transaction can also be funded through these arrangements. Under RDA, banks may enter into arrangements under Designated Depository Agency (DDA), Non-Designated Depository Agency, or Speed Remittance procedures.
Under DDA procedure, the Exchange House issues rupee drafts to the beneficiary and at the end of each day arrives at the total drawings and deposits their daily collections on the next working day in the DDA account (this account is a designated account opened in the name of the drawee bank by the Exchange House with a bank acceptable to the drawee bank at a centre mutually agreed upon). Auditors are appointed by the bank to ensure that daily drawings are deposited by the Exchange House in the DDA account on the next working day. The funds so deposited are transferred to the nostro account of the bank within the float period. Interest earned on the funds till the date of transfer to the nostro account accrues to the Exchange House. No collateral security is to be placed by the Exchange House under this kind of arrangement in the normal course.
Under Non-DDA procedure, the Exchange House directly credits the nostro account of the bank with the total of daily drawings. As no auditors are appointed to oversee the transfers to the nostro accounts, collateral deposits equivalent to one month projected drawings are insisted upon (15 days cash and 15 days bank guarantee).
Under Speed Remittance, the Exchange House sends instructions electronically to the bank with complete details of the beneficiary and funds their rupee account through the bank’s nostro account well in advance before issuing payment instructions. On verification of data and availability of balance in the vostro account, the bank issues drafts in favour of the beneficiary or directly credits the beneficiary’s account. No payments are made unless clear funds are available in the account. A collateral deposit equivalent to 15 days’ drawings is prescribed for operation of this arrangement.
Currently, there are 29 banks which have entered into 188 Rupee Drawing Arrangements with Exchange Houses. Remittances received through these arrangements have increased by 14.3 per cent from US $ 4,670 million in 2002 (January-December) to US $ 5,337 million in 2003.
2.21 Under the Liberalised Remittance Scheme for resident individuals as a part of liberalisation, general powers have been granted to resident individuals to freely remit up to US $ 25,000 per calendar year for any permissible current or capital account transactions or a combination of both. They are free to acquire and hold immovable property or share or any other asset outside India without prior approval of the Reserve Bank. Individuals can also open, maintain and hold foreign currency accounts with a bank outside India for making remittances under the Scheme without prior approval of the Reserve Bank. The foreign currency accounts may be used for putting through all transactions connected with or arising from remittances eligible under this Scheme.
Facilities to Non-Resident Indians
2.22 Students going abroad for higher studies have been treated as non-residents for availing facilities towards release of foreign exchange. Residents were also allowed greater flexibility towards resource mobilisation from overseas through the NRI channel. General permission has been granted to resident individuals to borrow amounts not exceeding US $ 250,000 or its equivalent from close relatives abroad. The loan should be interest-free and have a minimum maturity period of one year.
2.23 Moreover, a number of measures were undertaken to achieve greater integration between current and capital account transactions in respect of NRIs. Authorised Dealers (ADs) are now permitted to grant rupee loans to NRIs as per policy laid down by the bank’s Board of Directors, other than for purpose of (a) the business of chit fund, or (b) Nidhi Company, or (c) agricultural or plantation activities or in real estate business, or construction of farm houses, or (d) trading in Transferable Development Rights (TDRs), or (e) investment in capital market including margin trading and derivatives.
2.24 The close relatives (as defined under Section 6 of the Companies Act, 1956) of the NRI borrower in India are allowed to repay the instalment of housing loans, interest and other charges if any, through their bank account directly to the borrower’s loan account with the authorised dealer/housing finance institution.
2.25 Deposits by NRIs with persons other than authorised dealers/authorised banks out of inward remittances from overseas or by debit to NRE/FCNR(B) Accounts shall henceforth not be permissible.
Lending Rates
2.26 Lending rates were deregulated in October 1994 and banks were required to announce a prime lending rate (PLR), taking into account the cost of funds and transaction cost with the approval of their Boards. Further, the system of tenor linked prime lending rates (TPLRs) was introduced in April 1999 to provide more operational flexibility to banks. However, lending rates across banks tended to vary widely with banks charging higher spreads over their PLRs to non-prime borrowers. Despite a fall in deposit rates and lowering of the cost of funds, the range of PLRs of public sector banks remained sticky downwards. In addition, multiplicity of PLRs imparted additional complexities to pricing of loans. In the interest of customer protection and to have greater degree of transparency in regard to actual interest rates charged to borrowers, banks were advised to provide information on maximum and minimum interest rates charged alongside their PLRs which were placed on the Reserve Bank website on a quarterly basis effective from June 2002. In order to address the downward stickiness of PLRs and wide disparity in charging interest to different category of borrowers, a scheme of Benchmark PLR (BPLR) was mooted by the Reserve Bank in the monetary and credit policy 2003-04 for ensuring transparency in banks’ lending rates as also to reduce the complexity involved in pricing of loans. While arriving at their BPLR, banks were advised to take into account: (i) actual cost of funds, (ii) operating expenses and (iii) a minimum margin to cover regulatory requirements of provisioning/capital charge and profit margin. As all lending rates could be determined with reference to the BPLR, taking into account term premia and/or risk premia, the system of tenor-linked PLR was proposed to be discontinued.
2.27 The issues relating to the implementation of the system of BPLR were discussed with select banks and the IBA. It was clarified that since lending rates for working capital and term loans could be determined with reference to the BPLR by taking into account term premia and/or risk premia, a need for multiple PLRs might not be compelling. It was also clarified that banks have the freedom to price their loan products based on time-varying term premia and relevant transaction costs. Banks could price floating rate products by using market benchmarks in a transparent manner. For smooth implementation of the new system by banks, the IBA issued a circular on November 25, 2003 to its member banks outlining broad parameters to be followed by banks for the computation of BPLR.
2.28 Almost all commercial banks have adopted the new system of BPLR and the rates have been lower in the range of 25-200 basis points from their earlier levels of PLRs4 . Banks have also been advised to align the pricing of credit to assessment of credit risk so as to improve credit delivery and institutionalise a credit culture.
2.29 The only lending rates that are being regulated are those pertaining to exports, small loans of up to Rs.2 lakh, and the differential rate of interest (DRI) scheme (Box II.3).
Credit Delivery
2.30 The Reserve Bank has initiated a number of measures to improve the credit delivery system particularly for agriculture, exports, small-scale industry (SSI) and infrastructure. Selective credit controls have been dispensed with and micro-regulation of credit delivery has been discontinued. There is greater freedom to both banks and borrowers in matters relating to credit. There exists, however, concern on two areas of credit delivery, viz., the priority sector lending and flow of credit to the needy and deserving on a timely basis.
2.31 The widening of the scope of priority sector lending alongwith interest rate deregulation has made priority sector lending far more flexible than before. There is a general consensus that the real issue in credit-delivery is timely availability of credit rather than its cost.
2.32 Regional rural banks (RRBs) are an important instrument for purveying rural credit. In order to strengthen RRBs, weak RRBs were recapitalised, lending to non-target group was relaxed, deposit and lending rates were deregulated. The Reserve Bank has constituted Empowered Committees in its Regional Offices with members drawn from NABARD, sponsor banks, conveners of State Level Bankers’ Committees (SLBCs) and State Governments to ensure that the RRBs adhere to good governance and comply with prudential regulations. The Committees would also focus on operational issues and provide clarifications on regulatory issues. State Governments are being requested to remove discrimination between RRBs and co-operative banks in matters of stamp duty, mortgage fee, etc. State Governments are also being requested to accord approval for merger of RRBs within the State, sponsored by the same bank, as and when approached with such proposals. Sponsor banks are advised to provide support to their RRBs in matters relating to efficient management, training of staff, computerisation and networking of their activities.
Priority Sector Lending
2.33 A target of 40 per cent of net bank credit has been stipulated for lending to the priority sector by domestic scheduled commercial banks, both in the public and private sectors. Within this, sub-targets of 18 per cent and 10 per cent of net bank credit, respectively, have been stipulated for lending to agriculture and weaker sections of the population. A target of 32 per cent of net bank credit has been stipulated for lending to the priority sector by foreign banks. Of this, the aggregate credit to SSI sector should not be less than 10 per cent of the net bank credit and that to the export sector should not be less than 12 per cent of the net bank credit. A few changes were announced in the mid-term Review of annual policy for 2004-05 relating to priority sector lending by SCBs (Box II.4). The limit on advances under priority sector for dealers in agricultural machinery has been increased from Rs.20 lakh to Rs.30 lakh and for distribution of inputs for allied activities from Rs.25 lakh to Rs.40 lakh. All private sector banks have been urged to formulate special agricultural credit plans from the year 2005-06, targeting an annual growth rate of at least 20-25 per cent of credit disbursements to agriculture. The composite loan limit for SSI entrepreneurs has been enhanced from Rs.50 lakh to Rs.1 crore. In order to encourage securitisation of loans to SSI sector, investment by banks in securitised assets pertaining to SSI sector to be treated as their direct lending to SSI sector under priority sector, provided the pooled assets represent loans to SSI sector which are reckoned under priority sector and the securitised loans are originated by banks/FIs. At present, banks’ direct finance for housing up to Rs.10 lakh
| |
|
Box II.3: Interest Rate Structure for All Rupee Advances Including
|
| |
|
Term Loans of Commercial Banks
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| |
|
|
|
|
| |
|
Types of Advances
|
|
Rate of Interest (Per cent per annum)
|
| |
|
|
|
|
|
I.
|
(a)
(b)
|
Up to and inclusive of Rs.2 lakh
Over Rs.2 lakh
|
|
Not exceeding Benchmark Prime Lending Rate (BPLR) Banks are free to determine
interest rates subject to BPLR and spread guidelines. Banks may, however,
offer loans at below BPLR to exporters or other creditworthy borrowers
including public enterprises based on a transparent and objective policy
approved by their Boards.
|
|
II.
|
Export Credit*
|
|
|
|
1.
|
Pre-shipment Credit
|
|
|
| |
(a)
|
(i) Up to 180 days
|
|
Not exceeding BPLR minus 2.5 percentage points
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| |
|
(ii) Beyond 180 days and up to 270 days
|
|
Banks are free to determine rates of interest subject to BPLR and spread
guidelines.
|
| |
|
|
|
|
| |
(b)
|
Against incentives receivable from Government covered by ECGC Guarantee
(up to 90 days)
|
Not exceeding BPLR minus 2.5 percentage points
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|
|
|
|
| |
|
|
|
|
|
2.
|
Post-shipment Credit
|
|
|
| |
(a)
|
On demand bills for transit period (as specified by FEDAI)
|
Not exceeding BPLR minus 2.5 percentage points
|
| |
(b)
|
Usance Bills(for total period comprising usance period of export bills,
transit period as specified by FEDAI and grace period wherever applicable)
|
Not exceeding BPLR minus 2.5 percentage points
|
| |
|
|
|
| |
|
(i) Up to 90 days ( may be extended for a maximum period of 365 days
for eligible exporters under the Gold Card Scheme)
|
Not exceeding BPLR minus 2.5 percentage points
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|
|
|
| |
|
|
|
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| |
|
(ii) Beyond 90 days and up to 6 months from the date of shipment
|
Banks are free to determine interest rates subject to BPLR and spread
guidelines.
|
| |
|
|
|
|
| |
(c)
|
Against incentives receivable from Government, covered by ECGC Guarantee
(up to 90 days)
|
Not exceeding BPLR minus 2.5 percentage points
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|
|
|
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(d)
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Against undrawn balances (up to 90 days)
|
Not exceeding BPLR minus 2.5 percentage points
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| |
(e)
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Against retention money (for supplies portion only) payable
|
Not exceeding BPLR minus 2.5 percentage points
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|
within one year from the date of shipment (up to 90 days)
|
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|
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III.
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Deferred credit for the period beyond 180 days
|
|
Banks are free to determine rates of interest subject to BPLR and spread
guidelines.
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|
|
|
|
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IV.
|
Export Credit not otherwise specified (ECNOS)
|
|
|
| |
(a)
|
Pre-shipment credit
|
|
Banks are free to determine rates of interest subject to BPLR and spread
guidelines.
|
| |
|
|
|
|
| |
(b)
|
Post-shipment credit
|
|
Banks are free to determine rates of interest subject to BPLR and spread
guidelines.
|
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|
|
|
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| |
|
|
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|
|
V. DRI Advances
|
|
4.0 per cent
|
| |
|
|
|
|
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VI.
|
Loans covered by participation in refinancing schemes of term lending
institutions
|
Free to charge interest rates as per stipulations of the refinancing
agencies without reference to BPLR
|
| |
|
|
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|
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|
|
VII.
|
Banks are free to determine the rates of interest without reference to
BPLR and regardless of the size in respect of following loans:
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| |
(a)
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Loans for purchase of consumer durables;
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(b)
|
Loans to individuals against shares and debentures/bonds;
|
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| |
(c)
|
Other non-priority sector personal loans;
|
|
|
| |
(d)
|
Advances/overdrafts against domestic/NRE/FCNR(B) deposits with the bank,
provided that the deposit/s stands/stand either in the name(s) of the
borrower himself/borrowers themselves, or in the names of the borrower
jointly with another person;
|
| |
|
|
|
|
| |
(e)
|
Finance granted to intermediary agencies (excluding those of housing)
for on lending to ultimate beneficiaries and agencies providing input
support;
|
| |
(f)
|
Finance granted to housing finance intermediary agencies for on lending
to ultimate beneficiaries;
|
| |
(g)
|
Discounting of Bills;
|
|
|
| |
(h)
|
Loans/Advances/Cash Credit/Overdrafts against commodities subject to
Selective Credit Control.
|
| |
|
|
|
|
|
* Effective from May 1, 2004 to April 30, 2005. Since these are ceiling
rates, banks are free to charge any rate below the ceiling rates.
|
Box II.4: Major Policy Announcements in the Mid-Term Review
of Annual Policy for the year 2004-05
1. Monetary Measures l Bank Rate was kept
unchanged at 6.0 per cent; the repo rate was increased by 25 basis points to
4.75 per cent from 4.50 per cent effective October 27, 2004. The fixed reverse
repo rate under LAF continues to remain at 6.0 per cent. l Revised LAF was made
operative with overnight fixed rate repo and reverse repo, and accordingly,
auctions of 7-day and 14-day repo (reverse repo in international parlance) were
discontinued from November 1, 2004.
2. Interest Rate Policy l Ceiling interest
rates on NRE deposits was raised by 50 basis points from the existing level
of US dollar LIBOR/ SWAP rates of corresponding maturities. l Banks to fix the
ceiling on interest rates on FCNR(B) deposits on monthly basis. l Minimum tenor
of retail domestic term deposits (under Rs.15 lakh) can be reduced from 15 days
to 7 days at the discretion of the banks.
3. Credit Delivery Mechanism l The restrictive
provisions of service area approach dispensed with, except for Government sponsored
programme. l The limit on advances under priority sector for dealers in agricultural
machinery and for distribution of inputs for allied activities were enhanced
from Rs.20 lakh to Rs.30 lakh and from Rs.25 lakh to Rs.40 lakh, respectively.
l Banks advised to make efforts to increase their disbursements to small and
marginal farmers to 40 per cent of their direct advances under special agricultural
credit plans (SACP) by March 2007. l Private sector banks urged to formulate
SACPs from the year 2005-06. l The composite loan limit for SSI entrepreneurs
enhanced from Rs.50 lakh to Rs.1 crore. l Investment by banks in securitised
assets pertaining to SSI sector to be treated as their direct lending to SSI
sector under the priority sector, subject to conditons. l Banks with the approval
of their Boards, allowed to extend direct finance to housing sector up to Rs.15
lakh under priority sector lending. l Banks enabled to finance distressed urban
poor to prepay their debt to non-institutional lenders, against appropriate
collateral or group security. l In view of the expertise gained by NBFCs in
the area, bank could extend finance to NBFCs against second hand assets financed
by them.
4. Money Market l With effect from the fortnight
beginning January 8, 2005, non-bank participants would be allowed to lend, on
average in a reporting fortnight, up to 30 per cent of their average daily lending
in call/notice money market during 2000-01. l The minimum maturity period of
CP reduced from 15 days to 7 days with immediate effect, issuing and paying
agents to report issuance of CP on the NDS by the end of the day effective from
a future date, and a Group to be constituted to suggest rationalisation and
standardisation of processing, settlement and documentation of CP issuance.
5. Government Securities Market l Capital
Indexed Bonds to be introduced during the year 2005-06 in consultation with
the Government. l To reduce the counter party risk, settlement of OTC derivatives
through CCIL to be operationalised by March 2005.
6. Foreign Exchange Market l General permission
was given to ADs to issue guarantees/letters of comfort and letters of undertaking
up to US $ 20 million per transaction for a period up to one year for import
of all non-capital goods permissible under Foreign Trade Policy (except gold)
and up to three years for import of capital goods, subject to prudential guidelines.
l 100 per cent Export Oriented Units (EOUs) and units set up under EHTPs, STPs
and BTPs schemes to be permitted to repatriate the full value of export proceeds
within a period of twelve months. l The limit for outstanding forward contracts
booked by importers/exporters increased, based on their past performance, from
50 per cent to 100 per cent of their eligible limit. However, the contracts
booked in excess of 25 per cent of the eligible limits would be on deliverable
basis.
7. Prudential Measures l The risk weight in
the case of housing loans and consumer credit increased from 50 per cent to
75 per cent and from 100 per cent to 125 per cent, respectively. l Effective,
March 31, 2005, an asset in respect of FIs would be classified as doubtful,
if it remained in the substandard category for 12 months. FIs are permitted
to phase out the consequent additional provisioning over a four-year period.
l Banks have been urged to make persistent efforts in obtaining consent from
all their borrowers in order to establish an efficient credit information system.
l To constitute a Working Group on avoidance of conflicts of interest. l To
constitute a Working Group for evolving a framework for participation of banks
in commodity futures market and examine the role of banks in providing loans
against warehouse receipts. l On the basis of the recommendation of the Working
Group on Development Finance Institutions, approach for supervision of DFIs
and large NBFCs proposed. l With a view to smoothening the process of transition
of RNBCs an approach to comply with Reserve Bank’s direction on their investment
portfolio proposed.
8. Payment and Settlement System l The national
settlement system (NSS) would be introduced in a phased manner and is expected
to be operationalised in early 2005. l The per transaction limits existing for
Electronic Clearing System (ECS) and Electronic Fund Transfer (EFT) would be
dispensed with, effective November 1, 2004. l Central Board of Direct Taxes
would grant refunds up to Rs.25,000 through ECS facility at select centres.
l High Powered Committee constituted for streamlining the systems and procedures
in regard to transmission of data pertaining to excise duty and service tax.
in rural and semi-urban areas is treated as priority sector
lending. In order to further improve flow of credit to the housing sector, banks,
with the approval of their Boards, may extend direct finance to housing sector
up to Rs.15 lakh, irrespective of location, as part of their priority sector
lending. With a view to bringing in urban poor into formal financial system,
banks were enabled to advance loans to distressed urban poor to prepay their
debt to non-institutional lenders, against appropriate collateral or group security.
2.34 Domestic scheduled commercial banks, that have shortfalls
in the priority sector or agricultural lending targets, are allocated amounts
for contribution to Rural Infrastructure Development Fund (RIDF) established
with NABARD. However, in the event of failure to attain the stipulated targets
and sub-targets by foreign banks, they are required to make good the
shortfall by depositing for a period of one year, an equivalent
amount with the Small Industries Development Bank of India (SIDBI) at rate of
interest as may be decided by the Reserve Bank from time to time. The details
regarding operationalisation of the RIDF such as the amounts to be deposited
by banks, interest rates payable on these deposits, period of deposits, etc.,
are decided every year after the announcements in the Union Budget (Box II.5).
Credit to Agriculture
2.35 The declining share of agriculture in capital formation
relative to its share in real GDP in recent years has been a cause of concern
exacerbated by the declining credit-deposit ratio of the rural branches of SCBs.
Additionally, several SCBs have been reporting shortfalls in lending to the
priority sector including agriculture.
Box II.5: Rural Infrastructure Development Fund (RIDF)
The RIDF was established with NABARD in 1995-96 for assisting
the State Governments and State-owned Corporations in expeditious completion
of on-going projects relating to minor and medium irrigation, soil conservation,
watershed management and other forms of rural infrastructure (such as rural
roads and bridges, market yards, etc.). Subsequently, the RIDF was extended
on a year-to-year basis by announcements in the Union Budget. In the Interim
budget 2004-05, it was decided to set up a new fund in place of the RIDF to
be named as Lok Nayak Jai Prakash Narayan Fund (LNJPNF). The LNJPNF set up with
a corpus of Rs.50,000 spread over three years and comprising of three components
viz., finance for infrastructure development through State Governments,
refinance for investments in agriculture, commercial infrastructure and selective
cofinancing, and development measures and risk management, would replace the
RIDF. However, the Union budget 2004-05 announced the revival of RIDF with revised
guidelines.
The domestic scheduled commercial banks having shortfall in
lending to the priority sector/agriculture targets are allocated amounts for
contribution to RIDF.
The Fund has completed its ninth year of operation. Initially,
irrigation projects were given a major thrust, while rural roads and bridges
received priority from RIDF II onwards. Since then, many other activities such
as rural drinking water schemes, soil conservation, rural market yards, rural
health centres and primary schools, mini hydel plants, Shishu Shiksha Kendras,
Anganwadis, system improvement under power sector, etc. were added to
the list of eligible activities under RIDF. From RIDF V onwards, the ambit of
RIDF was also extended to projects undertaken by Panchayat Raj Institutions
and projects in social sector covering primary education, health and drinking
water. With a view to encouraging the flow of credit to agriculture, since RIDF
VII, the interest rate on banks’ contributions to RIDF has been linked inversely
to the extent of shortfall in the agricultural lending vis-à-vis
the stipulated target of 18 per cent. As regards interest received on loans
granted out of RIDF VII, RIDF VIII and RIDF IX, NABARD retains a margin of 0.5
per cent and the balance interest spread earned is credited to the Watershed
Development Fund.
In terms of the announcement made in the Union Budget for 2004-05,
RIDF X has been established with NABARD with a corpus of Rs.8,000 crore5
. The domestic scheduled commercial banks, (public and private sector
banks) which reported shortfall in lending to the priority sector (40 per cent
target) and/or agricultural sector (18 per cent target) as on the last reporting
Friday of March 2004 have been advised to contribute for the corpus of RIDF
X.
The banks will be paid interest on their contribution to the
RIDF X at rates of interest inversely related to the shortfall in agricultural
lending vis-à-vis the target of 18 per cent, as given in the table
below.
|
Sr. |
Shortfall in lending to agriculture in terms of |
Rate of interest on the deposit |
|
No. |
percentage to Net Bank Credit |
(Per cent per annum) |
|
1 |
Less than 2 percentage points |
Bank Rate* (6 per cent at present) |
|
2 |
2 and above, but less than 5 percentage points |
Bank Rate minus 1 per cent |
|
3 |
5 and above, but less than 9 percentage points |
Bank Rate minus 2 per cent |
|
4 |
9 percentage points and above |
Bank Rate minus 3 per cent |
|
*Bank Rate prevailing at the time of sanction of loans to State Governments by NABARD. |
| |
|
|
|
5 |
For details of loans sanctioned and disbursed under RIDF, also see Table IV.25. |
2.36 The Reserve Bank constituted an Advisory Committee on
Flow of Credit to Agriculture and Related Activities from the Banking System
(Chairman: Shri V.S. Vyas), which submitted its Report in June 2004.6
The recommendations made by the Committee are important in the context of expanding
outreach of banks and improving flow of credit to the agriculture sector. While
some of the recommendations of the Committee are being examined, other recommendations
have been accepted for immediate implementation by banks (Box II.6).
Box II.6: Advisory Committee on Flow of Credit to Agriculture
and Related
Activities from the Banking System: Recommendations and Action Taken
The recommendations of the Committee that have been accepted
by the Reserve Bank and advised to the banks for implementation are as under:
- Banks may waive margin/security requirements for agricultural loans up
to Rs.50,000 and in the case of agri-business and agri-clinics for loans
up to Rs.5 lakh.
- Investment by banks in securitised assets representing direct (indirect)
lending to agriculture may be treated as their direct (indirect) lending
to agriculture under the priority sector.
- Loans to storage units, including cold storage units, which are designed
to store agricultural produce/products, irrespective of their location,
would be treated as indirect agricultural finance under the priority sector.
- Non-performing asset (NPA) norms for all direct agricultural advances,
including direct agricultural term loans, may be modified with a view to
aligning the repayment dates with the harvesting of crops.
- Micro-finance institutions (MFIs) would not be permitted to accept public
deposits unless they comply with the extant regulatory framework of the
Reserve Bank.
- Banks may explore the possibilities like entering into tie-ups with major
tractor and farm machinery manufacturers for financing the agriculturists
in a cost-effective manner.
- The controlling authorities of banks may review the lapses, if any, in
implementing the recommendations of the R. V.Gupta Committee relating to
simplification of documentation, delegation of more powers to the branch
managers, etc., and take steps to rectify the situation.
- Banks should pay attention to their systems and procedures to make their
lending cost-effective and also consider measures to save the borrower of
avoidable expenses for getting a loan sanctioned.
- Banks may provide a separate flexible revolving credit limit to small
borrowers of production and investment loans for meeting temporary shortfalls
in family cash flows and also to evolve suitable credit products/packages.
- Banks may adopt measures to reduce the information gap about procedures.
Application forms for loan products should contain a comprehensive checklist
of documents/ information to be furnished as also procedural requirements
to be complied with for availing of loans
- Banks may explore financing of oral leessees on the basis of Joint Liability
Group and SHG approach models through pilot projects until such time the
State Governments address issues of legalising tenancy.
- Banks may address various issues such as delays/refusal to open savings
account of SHGs, large number of branch visits required to access credit,
inadequate credit support extended by banks, delays in renewal of credit
limits and impounding of SHG savings as collateral for loans, etc.
to make the access to financial services smooth and client-friendly.
- Banks may work in consort with the State Governments and finance various
agronomic and water management development projects, wherever feasible.
- Banks may consider posting technical staff at their head/ controlling
offices, placing top level executives in charge of rural credit and effecting
rural posting of officers for a minimum of three to five years, absorbing
more agricultural graduates for staffing rural branches of commercial banks.
- Banks may explore the possibilities of routing credit through post offices,
outsourcing loan appraisal and monitoring etc., to facilitators,
subject to guidelines approved by their Boards of Directors.
- Banks may, based on their commercial judgement and the policies adopted
by them, consider financing good working PACS.
- Banks may consider using low cost ATMs running on diesel generator sets
for cash dispensation in rural areas.
- Wherever volume of business justifies it, computers in rural bank branches
may be networked for a free flow of intra-branch and inter-bank information.
Banks must formulate a time-bound programme for using IT in rural branches.
- Banks may design, with the approval of their Boards, an appropriate incentive
structure for prompt repayment of their dues. Further, they may review and
revise their project appraisal procedures to overcome some of the supply
side factors contributing to non-recovery of loans.
- Banks may increasingly consider associating with contract farming, subject
to availability of proper legal and regulatory framework in different states.
- The system of Special Agricultural Credit Plans (SACP) may be continued
and may also be made applicable to private sector banks.
- The restrictive provisions of Service Area Approach may be dispensed
with for lendings outside Government-sponsored schemes.
- Banks may raise credit to small and marginal farmers to 40 per cent of
disbursements under SACP by the end of the Tenth Plan period.
- Ceilings on lending to dealers of agricultural machinery, cattle and
poultry feeds and inputs of production may be reviewed in view of the need
to enhance the availability of agricultural machinery, implements, inputs,
etc.
Certain other recommendations of the Advisory Committee are
being examined by the Reserve Bank in consultation with NABARD, IBA, Government
of India and other concerned agencies.
6 The Report is available on the Reserve Bank website.
2.37 The Government announced a package of measures on June
18, 2004 aimed at doubling agricultural credit in three years with a credit
growth of 30 per cent for 2004-05. Pursuant to the announcement, the Reserve
Bank and the IBA issued guidelines to commercial banks, while NABARD issued
similar guidelines to co-operative banks and the RRBs. These guidelines include:
(i) debt restructuring and provision of fresh loans to farmers affected by natural
calamities; (ii) one-time settlement for small and marginal farmers; (iii) fresh
finance for farmers whose earlier debts have been settled through compromise
or write-offs; and (iv) relief measures for farmers indebted to non-institutional
lenders. While the progress so far has been encouraging, banks have been urged
to keep up the momentum.
Credit to Small-Scale Industries
2.38 Credit to SSIs is crucial from the point of view of the
contributions made by small industries to GDP, to exports and to employment
generation. Realising the critical role of small industries in the economy,
the Reserve Bank has been addressing the issue of adequate supply of credit
to this sector. The Reserve Bank Working Group on Flow of Credit to the SSI
Sector (Chairman: Dr. A.S. Ganguly) submitted its Report in April 2004. A list
of recommendations of the Group together with responses thereto has been put
in the public domain (Box II.7). In order to enable banks to determine appropriate
pricing of loans to small and medium enterprises (SMEs), Credit Information
Bureau of India Ltd. (CIBIL) would work out a mechanism, in consultation with
the Reserve Bank, SIDBI and IBA, for developing a system of proper credit records.
2.39 Following the announcement made in the annual policy Statement
of 2004-05, a Special Group was constituted by the Reserve Bank (Chairman: Shri
G. Srinivasan) to formulate a mechanism for restructuring of debt of medium
enterprises on the lines of the Corporate Debt Restructuring (CDR) Scheme for
large industries. The Group comprises representatives from SIDBI and
commercial banks, and is expected to submit its Report shortly.
Export Credit
2.40 The Reserve Bank’s initiatives towards simplification of procedures for
export credit delivery were well accepted by the market as reflected in the
survey on exporters’ satisfaction conducted with the help of National Council
of Applied Economic Research (NCAER) during 2001-02.
2.41 The Government (Ministry of Commerce and Industry) in
consultation with the Reserve Bank, had indicated in the Exim Policy 2003-04
that a Gold Card Scheme would be worked out by the Reserve Bank for creditworthy
exporters with good track record for easy availability of export credit on best
terms. Accordingly, in consultation with select banks and exporters, a Gold
Card Scheme has been drawn up. The salient features of the Scheme are: (i) all
creditworthy exporters, including those in small and medium sectors with good
track record would be eligible for issue of Gold Card by individual banks as
per the criteria laid down by the latter; (ii) banks would clearly specify the
benefits they would be offering to Gold Card holders; (iii) requests from card
holders would be processed quickly by banks within a prescribed time-frame;
(iv) ‘in-principle’ limits would be set for a period of 3 years with a provision
for stand-by limit of 20 per cent to meet urgent credit needs; (v) card holders
would be given preference in the matter of granting of pre-shipment credit in
foreign currency; and (vi) banks would consider the waiver of collaterals and
exemption from ECGC guarantee schemes on the basis of card holder’s creditworthiness
and track record. As indicated in the annual policy Statement of 2004-05, guidelines
on Gold Card Scheme for creditworthy exporters with good track record, for easy
availability of export credit, were issued to banks. Most of the public sector
banks and many private sector and foreign banks have since announced such schemes.
Infrastructure Lending
2.42 An area where banks and FIs play an important role is
that of infrastructure financing (Box II.8). Financing of infrastructure projects
is characterised by large capital outlays, long gestation periods and high leverage
ratios. In order to facilitate the free flow of credit to infrastructure projects,
several policy measures have been taken by the Reserve Bank. In April 1999,
the Reserve Bank introduced new guidelines relating to the financing of infrastructure
projects, such as, the criteria for
Box II.7: Working Group on Flow of Credit to Small-Scale Industries Sector
The recommendations of the Working Group on Flow of Credit
to Small-Scale Industries (SSI) Sector were examined by the Reserve Bank and
on September 4, 2004, the Reserve Bank put out a list of recommendations which
have been classified further as (i) those accepted with immediate effect, (ii)
requiring further examination and (iii) which pertain to Government of India
and other institutions.
The following recommendations have been accepted with immediate effect:
- A full-service approach to cater to the diverse needs of the SME sector
may be achieved through extending banking services to recognised SME clusters
by adopting a 4-C approach viz., Customer focus, Cost control, Cross
sell and Contain risk. A cluster based approach to lending may be more beneficial
for: (i) dealing with well-defined and recognised groups; (ii) availability
of appropriate information for risk assessment and (iii) monitoring by the
lending institutions.
- Corporate-linked SME cluster models need to be actively promoted by banks
and FIs. Banks linked to large corporate houses can play a catalytic role
in promoting this model. Financing of SMEs linked to large corporates, covering
suppliers, ancillary units, dealers, etc. would also enhance competitiveness
of the corporates as well as the SME participants.
- Successful micro credit management models should be made use of by SIDBI
and Lead Banks with a view to encourage the adoption of their work practices
in other States.
- New instruments need to be explored for promoting rural industry and improve
the flow of credit to rural artisans, industries and rural entrepreneurs.
- Higher working capital limits need to be taken into account while extending
credit to such units located in hilly terrain and frequent flood areas with
poor transportation system.
- The recommendations of the Working Group that need further examination include:
- The need to have a dedicated National level SME Development Fund to play
a catalytic role in the advancement of the SME sector. SIDBI may promote a
NBFC (non-public deposit taking) exclusively for undertaking venture and other
development financing activities for SMEs. Banks could also contribute to
the corpus created by SIDBI (on risk sharing basis) or alternatively, set
up their own venture financing instruments.
- The traditional sources of credit flow to the SME sectors (through public
sector banks, Specialised SSI Branches, etc.) are unlikely to improve
their services, at least, in the short and medium term. While public sector
banks have inherent problems in extending credit to many SMEs due to historical
reasons, it is necessary to explore ways to overcome such traditional problems:
a. Banks could promote and finance Special Purpose Vehicles
(SPVs) in the form of micro credit agencies dedicated to servicing SME clusters.
Banks could extend wholesale financial assistance to NonGovernmental Organisations
(NGOs)/Micro Finance Intermediaries (MFIs) and work out innovative models for
securitisation of the MFI receivable portfolio on the pattern of models in vogue
in USA and other countries.
Such SPVs may be extended necessary support through various fiscal/taxation
measures by the Government.
b. Such micro credit intermediaries as in the form of NBFCs
(funded by individual or a group of banks but not permitted to accept public
deposits) could credit-rate and risk assess, and serve as instruments for extending
quick credit to SME clusters, accredited to them.
c. Large banks can directly extend credit and banking services
to (i) SMEs linked to large corporates and (ii) to identified SME clusters which
are credit-rated.
The micro credit intermediary (SME-specific NBFC) funded
by banks (individually or in groups) could be an alternate source to speed
up credit access to stand alone clusters of product/service specific SMEs.
Recognising the acute problems faced by SMEs, for tiny and village industry
sectors, particularly in the North Eastern region of the country, special
instruments, besides NBFCs, etc. need to be tailored, dedicated and
funded.
l A uniform target in priority sector lending (including SSI)
at 40 per cent of net bank credit for all domestic and foreign banks has been
recommended with a view to providing a level playing field for all banks. To
ensure active participation in the faster development of the priority sector,
the following suggestions were made:
a. The tenure of the deposits representing shortfall in lending
to the priority sector by foreign banks with SIDBI, be increased to a period
of three years in order to enable SIDBI to better manage disbursal to SME sector.
b. Risk sharing mechanisms between foreign banks and SIDBI
needs to be worked out: (i) on credit extended to the SME sector by SIDBI and
(ii) interest rate payable by SIDBI to foreign banks on priority sector lending
shortfall deposits, may be pegged at a rate which does not act as an incentive
for the foreign banks to keep the deposit with SIDBI, rather than directly meeting
the credit needs of the SME sector.
The third list comprises recommendations such as those relating
to definition of SME sector, role of Credit Guarantee Fund Trust for Small Industry
(CGTSI), repealing of State Finance Corporation (SFC) Act and privatisation
of SFCs, rating mechanism for industrial clusters, conversion of Technology
Bureau of Small Enterprises into an independent Technology Bank are under consideration
of the Ministry of Small Scale Industries (MoSSI), Government of India and other
agencies such as SIDBI, CGTSI, CIBIL and IBA.
Box II.8: Financing Infrastructure:
The Role of Banks and Financial Institutions
Governments, donors and the private
sector including commercial lenders are the major source of funding for infrastructure.
For the Government, the source of funds comprise of own-revenues and borrowings.
In the case of developing countries, the creditworthiness of the State and local
Governments and the low level of efficiency of the entities delivering infrastructure
services are the major issues in their ability to access the capital markets.
Some countries in which the credit markets are not well developed, or in which
local Governments have limited access to credit, infrastructure banks have been
created to allow local Governments to finance infrastructure investments.
Donors constitute the next major
group for financing infrastructure. It has been estimated that US $ 4 billion
of housing and infrastructure is financed by donors in developing countries
each year which forms roughly 3-4 per cent of the total investment financing.
For developing countries, the Government and donors need to work together to
ensure a selection of economically efficient projects and technologies.
Private equity financing takes
place when the private sector has ownership or partnership interest in the infrastructure.
This can involve some kind of build-operate-transfer (BOT) arrangement, in which
the private sector builds and then operates for some period, after which the
facility is transferred to the Government. BOT arrangement has been tried in
India in financing construction and maintenance of roads and bridges. An alternative
to BOT arrangement is concessions, where a private firm contracts with the Government
to operate or expand an existing component of the infrastructure. Concessions
have been more common than BOT arrangements, and perhaps, offer much greater
potential. The advantages of private equity financing include: (i) access to
resources that otherwise would be unavailable; (ii) lowering the public sector’s
risk of making bad investments; (iii) innovations, viz., service delivery
agency.
The main consideration for banks
and FIs in financing infrastructure projects lies in the creditworthiness of
the borrowing entities and the viability of projects. Poor creditworthiness
of local Government institutions/public sector undertakings entrusted with the
responsibility for creating and maintaining infrastructure services, and inadequate
user charges/taxes, make it difficult for the banks and FIs to fund the infrastructure
especially in the developing countries. The credit enhancement of infrastructure
projects by Governments through full guarantees has been resorted to in many
countries. However, credit enhancement should not be used as a substitute for
due diligence. Fiscal incentives in the form of tax-exemptions and regulatory
relaxations provided to banks and other financial institutions by Central Banks
may act as a catalyst to encourage flow of credit to the infrastructure sector.
This should be combined with creation of an enabling lending environment by
the Government by undertaking critical reforms in the infrastructure sector.
Financing mechanisms need to provide
appropriate incentives and support for reforms to ensure long-term sustainability
of investments and improve efficiency of resource utilisation. The mechanisms
also need to use limited public resources to help leverage additional resources
from the private sector and community. Innovative financing structures including
credit enhancement techniques can reduce the cost of funding infrastructure
services and mitigate the risks by distributing them across various stakeholders.
References :
Fox, William F. (1994), ‘Strategic Options for
Urban Infrastructure Management’, World Bank.
Mehta, M. (2003) ‘Meeting the Financial Challenge
for Water Supply and Sanitation,’ World Bank.
Reserve Bank of India (1999), Guidelines on
Infrastructure Financing.
financing, the types of financing,
the appraisal, the regulatory compliance/concerns, the administrative arrangements
and the inter-institutional guarantees.
2.43 In view of the critical importance
of the infrastructure sector as also the high priority being accorded to this
sector, certain relaxations relating to regulatory and prudential aspects were
allowed to banks since 1999-2000 to boost credit flow to this sector. These
measures, inter alia, included: (i) enhancing the scope of definition
of infrastructure lending, (ii) relaxing the prudential single borrower exposure
limit from 15 per cent to 20 per cent of capital funds in respect of infrastructure
companies providing infrastructure facilities, (iii) assigning a concessional
risk weight of 50 per cent on investment in securitised paper satisfying certain
conditions pertaining to an infrastructure facility, (iv) permitting lending
to SPVs in the private sector, registered under Companies Act, for directly
undertaking viable infrastructure projects subject to certain conditions and
(v) lending to promoters, with certain safeguards and where appropriate, for
acquiring a controlling stake in existing infrastructure companies.
2.44 In the annual policy Statement
of 2004-05, it was proposed to further expand the scope of definition of infrastructure
lending by including the following projects/sectors relating to
Box II.9: Definition of Infrastructure Lending
Any credit facility in whatever
form extended by lenders (i.e., banks, FIs or NBFCs) to an infrastructure
facility as specified below falls within the definition of ‘infrastructure
lending’. In other words, it is a credit facility provided to a borrower company
engaged in developing or operating and maintaining, a n y infrastructure facility
that is a project in any of the following sectors, or any infrastructure facility
of a similar nature:
(i) a road, including toll road, a bridge or a
rail system;
(ii) a highway project including other activities
being an integral part of the highway project;
(iii) a port, airport, inland waterway or inland
port;
(iv) a water supply project, irrigation
project, water treatment system, sanitation and sewerage system or solid
waste management system;
(v) telecommunication services whether basic or
cellular, including radio paging, domestic satellite service (i.e., a
satellite owned and operated by an Indian company for providing telecommunication
service), network of trunking, broadband network and internet services;
(vi) an industrial park or special economic zone;
(vii) generation or generation and distribution
of power;
(viii) transmission or distribution
of power by laying a network of new transmission or distribution lines;
(ix) construction relating to projects involving
agro-processing and supply of inputs to agriculture;
(x) construction for preservation
and storage of processed agro-products, perishable goods such as fruits, vegetables
and flowers including testing facilities for quality;
(xi) construction of educational institutions and
hospitals.
agricultural sector and social
infrastructure: (i) construction relating to projects involving agro-processing
and supply of inputs to agriculture; (ii) construction for preservation and
storage of processed agro-products, perishable goods such as fruits, vegetables
and flowers including testing facilities for quality; and (iii) construction
of educational institutions and hospitals (Box II.9). With a view to providing
a boost to infrastructure lending, as per the guidelines issued on June 11,
2004, banks have been allowed to raise long-term bonds with a minimum maturity
of five years to the extent of their exposure of residual maturity of more than
five years to the infrastructure sector. It is intended that banks should have
first provided assistance to such infrastructure projects before raising resources
through bonds. Keeping in view the importance of infrastructure financing at
the State level, in consultation with the State Finance Secretaries, a Working
Group on Credit Enhancement by State Governments for Financing Infrastructure
has been constituted with members drawn from the Central Government, State Governments,
select banks, FIs and the Reserve Bank. The Group is examining the instruments
of credit enhancement which the State Governments could offer to improve the
rating/borrower capability of State PSUs/SPVs in order to attract institutional
financing for infrastructure projects.
2.45 In view of the expertise gained
by NBFCs in financing second hand assets and to encourage credit dispensation,
in the mid-term Review of annual policy for 2004-05, banks were allowed to extend
finance to NBFCs against second hand assets financed by them, provided suitable
loan policies duly approved by the banks’ Boards are put in place.
2.46 With a view to further developing
the corporate debt market, a Group was constituted with members from the Reserve
Bank, Securities and Exchange Board of India (SEBI) and other market participants.
The Group inter alia, would examine the issues relating to primary issuance
as well as growth of secondary market; regulatory aspects for the development
of Asset Backed Securities (ABS) and Mortgage Backed Securities (MBS); and trading,
settlement and accounting of corporate debt securities. The Group is expected
to submit its Report in January 2005.
3. Prudential Regulation
2.47 Regulation of financial institutions,
particularly of banks, is important from the point of view of financial system
stability, which not only helps the institutions to perform better but also
improves the overall performance of the economy (Box II.10). A key element of
the ongoing financial sector reforms has been strengthening of the prudential
and supervisory framework, which has been done on an ongoing basis through developing
sound risk management systems and enhancing transparency and accountability.
With a paradigm shift from micro-regulation to
Box II.10: Special Nature of
Banks
Over the last two decades, the
theory of finance has offered significant contributions to the understanding
of banks and identifying the specific aspects that qualify them as special financial
intermediaries. Banks have historically developed comparative advantage vis-à-vis
other types of intermediaries over different functions (such as liquidity
and payment services, credit supply, and information provision). Banks are ‘special’
as they not only accept and deploy large amounts of uncollateralised public
funds in a fiduciary capacity, but also leverage such funds through credit creation.
Banks thus, have a fiduciary responsibility. The deployment of funds mobilized
through deposits involves banks in financing economic activity and providing
the lifeline for the payments system. The banking system is something that is
central to a nation’s economy; and that applies whether the banks are local-based
or foreign-owned. A World Bank study examines the way banking and non-banking
finance interact during different stages of economic development, producing
various efficiency/ stability configurations.
The owners or shareholders of the
banks have only a minor stake and the considerable leveraging capacity of banks
(more than ten to one) puts them in control of very large volume of public funds
inspite of their own stake being very small. In a sense, therefore, the owners
act as trustees and as such must be fit and proper for the deployment of funds
entrusted to them. The sustained stable and continuing operations depend on
the public confidence in individual banks and the banking system. The speed
with which a bank under a run can collapse is incomparable with any other organisation.
For a developing economy, there is much less tolerance for downside risks among
depositors many of whom place their life savings in the banks. Hence from a
moral, social, political and human angle, there is an onerous responsibility
on the regulator. Concentrated shareholding in banks controlling huge public
funds does pose issues related to the risk of concentration of ownership because
of the moral hazard problem and linkages of owners with businesses. Hence diversification
of ownership is desirable as also ensuring fit and proper status of such owners
and directors. However, with diversified ownership, there is, perhaps, an even
greater concern over corporate governance and professional management in order
to safeguard depositors’ interest and ensure systemic stability. The regulatory
and supervisory framework therefore has to ensure that banks have adequate capital
to cushion risks that are inevitable in their operations, follow prudent and
transparent accounting practices and are managed in accordance with the best
practices for risk management. Banks are, thus, regarded as special type of
financial intermediaries that need a differentiated treatment by regulatory
authorities including special protective measures from competition in the risk
of failure.
References:
Bossone, Biagio (2000), ‘What Makes
Banks Special? A Study on Banking’, Finance, and Economic Development,
World Bank.
Corrigan, E. Gerald (1982), ‘Are Banks Special?’,
Annual Report, Federal Reserve Bank of Minneapolis.
Diamond, D. W. and P. H. Dybvig
(1983), ‘Bank Runs, Deposit Insurance, and Liquidity’, Journal of Political
Economy, Vol. 91, No. 3: 401-14.
Fama, E. (1985), ‘What’s Different About Banks?’
Journal of Monetary Economics, 15: 29-39.
Mohan, Rakesh (2004), ‘Ownership
and Governance in Private Sector Banks in India’, Reserve Bank of India Bulletin,
October.
prudential regulation and macro-management,
the emphasis is on strengthening prudential norms by the adoption of appropriate
international benchmarks. A review of the progress made on the implementation
of the recommendations of the Reports of the 11 Advisory/Technical Groups constituted
by the Standing Committee on International Financial Standards and Codes was
considered by a panel of advisers. Taking into account the suggestions of the
panel, a revised draft report is being placed in the public domain. The
important elements of prudential supervision of Indian banks are discussed below.
Ownership and Governance of Banks
2.48 The largest banks in India are still in the
public sector, and these control over 75 per cent of the total banking sector
assets. Competition has been infused by allowing new private sector banks, a
more liberal entry of foreign banks and a gradual deregulation of the banking
sector. A number of initiatives have been taken relating to ownership and governance
of banks.
2.49 The guidelines issued in February
3, 2004 on acknowledgement of transfer/allotment of shares in private sector
banks would be applicable for any acquisition of shares of five per cent and
above of the paid-up capital of a private bank. The objective is to put in place
a mechanism which ensures that shareholders whose aggregate holdings above the
specified thresholds meet the fitness and propriety tests before grant of acknowledgement
of transfer of shares. In determining whether the applicant (including all entities
connected with the applicant) is ‘fit and proper’ to hold the position of a
shareholder at the lowest threshold of five per cent and above, the Reserve
Bank takes into account all relevant factors, including among other criteria,
the applicant’s integrity, reputation and track record in financial matters
and compliance with tax laws, which are necessary to protect the interests of
the depositors and integrity of the financial system.
2.50 The underlying principles
of the draft comprehensive policy framework for ownership and governance in
private sector banks which was put in the public domain on July 2, 2004 for
discussion and feedback inter alia were to ensure that the ultimate ownership
and control of private sector banks is well diversified, important shareholders
(i.e., shareholding of five per cent and above) are ‘fit and proper’
as laid down in the guidelines dated February 3, 2004, and the directors and
the CEO who manage the affairs of the bank are ‘fit and proper’ as laid down
in the circular dated June 25, 2004, and observe sound corporate governance
principles. The draft policy on ownership and governance of private banks is
in line with the international best practices. Based on the responses received
and dialogues with various stakeholders, a second draft on the policy framework
has been finalised and would be placed in public domain shortly.
Foreign Direct Investment (FDI) in Banking
2.51 Foreign investment in banking
is governed by the FDI policy of Government of India. In case of a nationalised
bank, a ceiling of 20 per cent on all types of foreign investment in the paid
up capital has been stipulated in terms of the provisions of Banking Companies
(Acquisition & Transfer of Undertakings) Acts, 1970/80. In respect of investment
by NRIs in the private sector banks, the policy restricted NRI investments to
40 per cent and FDI to 20 per cent, subject to the condition that the combination
of NRI investment and FDI should also be within the overall prescribed ceiling
of 40 per cent foreign equity in the sector. Foreign Institutional Investors
(FIIs) were allowed to acquire 24 per cent in addition to the 40 per cent limit.
2.52 With liberalisation of the
FDI regime, FDI in the banking sector was brought under the automatic route.
In terms of the Government of India announcement dated May 21, 2001, FDI up
to 49 per cent from all sources was permitted in
private sector banks under the
automatic route, subject to conformity with the guidelines issued by the Reserve
Bank from time to time. The foreign investment includes, inter alia,
shares issued in IPOs, private placements, ADRs/GDRs and acquisition of shares
from existing shareholders with Foreign Investment Promotion Board (FIPB) approval.
Issue of shares under automatic route is not available to those foreign investors
who have financial or technical collaboration in the same or allied field; such
cases in fact require FIPB approval.
2.53 With a view to further liberalising
foreign investment in the banking sector, the Government announced an increase
in the FDI limit in private sector banks from 49 per cent to 74 per cent under
automatic route including investment by FIIs subject to guidelines issued by
the Reserve Bank from time to time (March 5, 2004). Foreign investment in private
sector banks from all sources would be permissible up to a composite ceiling
of 74 per cent of the paid-up capital of the bank. This would include FDI, investments
under Portfolio Investment Scheme (PIS) by FIIs, NRIs and shares acquired prior
to September 16, 2003 by OCBs, IPOs, private placements, GDRs/ADRs and acquisition
of shares from existing shareholders. However, the FII investment limit cannot
exceed 49 per cent, within the aggregate foreign investment ceiling of 74 per
cent of the paid up capital and at all times, at least 26 per cent of the paid
up capital would have to be held by residents. Detailed guidelines in this regard
are under consideration of the Reserve Bank.
Exposure Norms
2.54 The Reserve Bank has prescribed
regulatory limits on banks’ exposure to individual and group borrowers in India
to avoid concentration of credit, and has advised the banks to fix limits on
their exposure to specific industries or sectors (real estate, capital market,
etc.) for ensuring better risk management. In addition, banks were also
required to observe certain statutory and regulatory exposure limits in respect
of advances against investments in shares, debentures and bonds.
Credit Exposures to Individual /Group Borrowers
2.55 Taking into account the international
best practices, it has been decided to adopt the concept of capital funds as
defined under capital adequacy standards for determining exposure ceiling uniformly
by both domestic and foreign banks, effective from March 31, 2002. Banks have
been allowed to assume single/group borrower credit exposure up to 15 per cent
and 40 per cent of capital funds, respectively, with respective additional allowance
of 5 per cent and 10 per cent of capital funds for exposure to the infrastructure
sector. In addition, it has been decided in June 2004 that banks may, in exceptional
circumstances, with the approval of their Boards, consider enhancement of the
exposure to a borrower up to a further five per cent of capital funds (i.e.,
20 per cent for single borrower and 45 per cent for group borrowers). In respect
of exposure to infrastructure, banks could consider additional sanctions up
to five per cent and 10 per cent as indicated above, over and above the limits
of 20 per cent and 45 per cent, respectively. The exposure limits will be applicable
even in case of lending under consortium arrangements, wherever formalised.
While computing the extent of above-stated borrower exposures vis-à-vis
respective limits, the exemptions allowed pertain to: (i) credit facilities
(including funding of interest and irregularities) granted to weak/sick industrial
units under rehabilitation packages; (ii) borrowers to whom limits are allocated
directly by the Reserve Bank, for food credit; (iii) principal and interest
that are fully guaranteed by the Government of India and (iv) loans and advances
granted against the security of bank’s own term deposits.
Unhedged Foreign Currency Exposure of Corporates
2.56 To ensure a policy that explicitly
recognises and takes account of risks faced by banks arising out of foreign
exchange exposure of their clients, foreign currency loans above US $ 10 million
(or such lower limits as may be deemed appropriate vis-à-vis the
banks’ portfolios of such exposures), would be extended only on the basis of
a well laid out policy with regard to hedging of such foreign currency loans.
Further, the policy for hedging framed by the bank’s Boards could exclude the
following: (i) forex loans that are extended to finance exports, provided the
customers have uncovered receivables to cover the loan amount and (ii) forex
loans that are extended for meeting forex expenditure. A recent study of select
banks revealed that though most banks have adopted policies mandated by their
Boards, banks often rely on ‘natural hedge’ available with their customers.
Further, information on the total exposure of the corporate clients was also
not readily available with banks. In view of the systemic risk, banks are being
encouraged to obtain information from their large borrowers on their unhedged
forex exposures, so that the banks, in turn, can assess the risk of their own
exposure to such corporates on an on-going basis.
Margin on Advances against Shares/Issue of Guarantees
2.57 With effect from January 3,
2004, the margin requirement on all advances/financing of IPOs/issue of guarantees
by banks has been raised from 40 per cent to 50 per cent. Further, banks have
been advised to maintain a minimum cash margin of 25 per cent (within the overall
margin of 50 per cent) in respect of guarantees issued by banks. However, with
effect from May 18, 2004, when the equity market slipped sharply, the margins
have been restored status quo ante and margin requirement on all advances
against shares/financing of IPOs/issue of guarantees has been reduced to 40
per cent. In respect of guarantees issued by banks for capital market operations,
banks have been advised to maintain a minimum cash margin of 20 per cent (within
the overall margin of 40 per cent).
Bank Finance to Employees to buy Shares of their
Own Companies
2.58 The instruction that banks
could provide finance up to Rs.50,000 or six months’ salary, whichever is less,
to assist employees to buy shares of their own companies has been reviewed in
view of several companies offering Employee Stock Options (ESOPs) and employee
quota in their IPOs as also introduction of robust system of assessing risks
in many banks. Banks have been advised on February 6, 2004 that while extending
finance to employees for purchasing shares of their own companies either under
ESOP or IPO, they may take their own decision subject to extant regulations
including margin requirement on IPO financing. However, all such financing should
be treated as part of the banks’ exposure to capital market within the overall
ceiling of 5 per cent of banks’ total outstanding advances, as on March 31 of
the previous year. Further, these instructions would not be applicable to banks
extending financial assistance to their own employees for acquisition of shares
under ESOP/ IPO. The issue of declaration of dividends by banks has also been
revisited (Box II.11).
Box II.11: Declaration of Dividend
by Banks
The policy approach adopted with
regard to payment of dividends by banks has been reviewed by the Reserve Bank
and it was decided in April 2004 that the regulatory focus on payment of dividend
should shift from ‘dividend rate’ to ‘dividend payout ratio’. The criteria for
declaration of dividend was revised by the Reserve Bank and as per the revised
guidelines, banks are required to fulfil certain criteria for becoming eligible
for the declaration of dividend viz., the bank should have CRAR of at
least 11 per cent in preceding two completed years and the accounting year for
which it proposes to declare dividend, and carrying net NPA less than 3 per
cent. In addition, the bank should comply with the provisions of Sections 15
and 17 of the Banking Regulation Act, 1949, the prevailing regulations/guidelines
issued by the Reserve Bank, including creating adequate provisions for impairment
of assets and staff retirement benefits, transfer of profits to Statutory Reserves
and Investment Fluctuation Reserves.
Banks, which qualify to declare
dividend are eligible to pay dividend without obtaining the prior approval
of the Reserve Bank, subject to compliance with the following: (i) the dividend
payout ratio does not exceed 33.33 per cent, (ii) the proposed dividend should
be payable out of the current year’s profit, (iii) dividend payout ratio is
calculated as a percentage of ‘dividend payable in a year’ (excluding dividend
tax) to ‘net profit during the year’, (iv) in case the profit for the relevant
period includes any extra-ordinary profits/income, the payout ratio shall be
computed after excluding such extra-ordinary items for reckoning compliance
with the prudential payout ratio ceiling of 33.33 per cent; and (v) the financial
statements pertaining to the financial year for which the bank is declaring
a dividend be free of any qualifications by the statutory auditors, which have
an adverse bearing on the profits during the year. In case of any qualification
to that effect, the net profit should be suitably adjusted while computing the
dividend payout ratio.
Banks, which comply with all the
above conditions but desire to declare dividend higher than 33.33 per cent are
required to obtain prior approval of the Reserve Bank for declaration of such
higher dividend and such requests would be considered by the Reserve Bank on
a case-to-case basis. Banks satisfying the above criteria are also eligible
to declare interim dividend out of the relevant accounting period’s profit without
prior approval of the Reserve Bank. However, the cumulative interim dividend(s)
should be within the prudential cap on dividend payout ratio (viz., 33.33
per cent) computed for the relevant accounting period. For declaration and payment
of interim dividends beyond the prescribed ceiling, the Reserve Bank’s prior
approval has to be sought.
In case any bank does not meet
the criteria prescribed, it should obtain the prior approval of the Reserve
Bank before declaring any dividend. The requests received from these banks would
be considered by the Reserve Bank on a case-to-case basis.
All banks declaring dividends should
report details of dividend declared during the accounting year as per the prescribed
proforma. The revised guidelines have been made applicable from the accounting
year ended March 31, 2004 onwards.
Limits on Exposure to Unsecured Guarantees and
Unsecured Advances
2.59 The instruction that banks
have to limit their commitment by way of unsecured guarantees in such a manner
that 20 per cent of the bank’s outstanding unsecured guarantees plus the total
of outstanding unsecured advances do not exceed 15 per cent of total outstanding
advances has been withdrawn to enable banks’ Boards to formulate their own policies
on unsecured exposures. Simultaneously, all exemptions allowed for computation
of unsecured exposures stand withdrawn. However, with a view to ensuring uniformity
in approach and implementation, the expression ‘unsecured exposure’ is defined
as an exposure where the realisable value of the security is not more than 10
per cent, ab-initio, of the outstanding exposure and the term ‘security’
means tangible security properly charged to the bank. Further, the unsecured
‘substandard’ assets would attract additional provision of 10 per cent, i.e.,
a total of 20 per cent on the outstanding balance; however, the provisioning
requirement for unsecured ‘doubtful’ assets would remain unchanged at 100 per
cent.
Guidelines on KYC Norms for Existing Accounts
2.60 Banks have been advised to
complete the KYC procedures in respect of all existing accounts in a phased
manner by December 2004. In order to ensure timely completion of the procedures,
it has been decided in June 2004 that banks may limit the application of KYC
procedures to existing accounts where the credit or debit summation for the
financial year ended March 31, 2003 is more than Rs.10 lakh or where unusual
transactions are suspected. They may, however, ensure that KYC procedures are
applied to all existing accounts of trusts, companies/firms, religious/charitable
organizations and other institutions or where the accounts are opened through
a mandate or power of attorney.
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