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Recovery Management in
Rural Credit
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K.C. SHARMA
RJOSH
J C MISHRA
SANJAY KUMAR
R. AMALORPAVANATHAN
R. BHASKARAN
\T/
National Bank for Agriculture and Rural Developnnent
Munnbai
2001
Occasional Paper - 21
Recovery Managennent in
Rural Credit
K.C, SHARMA
R JOSH
J.C. MISHRA
SANJAY KUIVIAR
R. AMALORPAVANATHAN
R. BHASKARAN
\T/
National Bonk for Agriculture and Rural Developnnent
Munnbai
2001
Published by National Bank for Agriculture and Rural Development, Department of Economic
Analysis and Research, 4th floor, 'C Wing, Plot No. C-24, 'G' Block, Bandra-Kuria Complex,
P.B. No. 8121, Bandra(East), Mumbai - 400 051.
Printed at Shubhamkaroti Printers, Ghatkopar (E), Mumbai.
ii
Acknowledgement
Authors are grateful to National Bank for Agriculture and Rural Development (NABARD)
for commissioning this occasional paper to Bankers Institute of Rural Development (BIRD).
Authors prepared the paper as a team. The views expressed are those of the authors and are
not in any way attributed to the Institute they belong. The authors are thankful to DEAR,
NABARD for reviewing the paper and offering critical comments for revision. Some revision
has been done but all could not be done due to lack of relevant disaggregated data. Many
thanks to Arindam Chakrabarty for his patient typing and cheerful attitude while carrying out
editorial corrections over many drafts of the paper.
October, 2001
BIRD, Lucknow
Authors
III
Authors
K.C. Sharma, P.Josh, R.Amaiorpavanathan and J.C.MIshra are Faculty Members, BIRD, Lucknow.
Sanjay Kumar Is Faculty Associate, BIRD, Lucknow
R.Bhaskaran Is Joint Director, BIRD, Lucknow.
The usual disclaimer about the responsibility of the National Bank as to the facts
cited and views expressed in the paper is implied.
IV
CONTENTS
Page No
ACKNOWLEDGEMENT
CHAPTERI
INTRODUCTION
CHAPTER II
CHAPTER III
11
CHAPTER IV
15
CHAPTERV
RECOVERY PERFORMANCE
27
CHAPTER VI
37
REFERENCES
CHAPTER I
INTRODUCTION
This occasional paper on recovery management in rural credit is prepared
at the behest of National Bank for Agriculture and Rural Development (NABARD),
Head Office, Mumbai. The focus is on rural financial institutions (RFIs). Regional
Rural Banks (RRBs), Co-operative banks and rural branches of Commercial Banks
(CBs) are the RFIs for the purpose of this paper.
The Broad Objectives of the Paper are
To suggest methods and strategies for better recovery and NPA Management in Rural Financial Institutions.
The paper is based on the review of earlier work in the area of overdues and
Pune; and the Bankers Institute of Rural Development (BIRD 1997), Lucknow,
respectively. This occasional paper makes use of these three study reports in addition
to other literature available on the subject. The information from RRBs and co-operative
banks (short term and long term stnjcture) is available in some detail and has been
used in the paper. However, the exact position in rural branches of CBs is not readily
available.
This occasional paper is organised in six Chapters. Chapters 2 and 3 present
the conceptual aspects of overdues, recovery, prudential norms and non-performing
assets (NPAs) that impact on the financial health of RFIs. Chapters 4 and 5 deal
with empirical analysis of NPAs and recovery performance across institutions, states
and regions. Chapter 6 deals with recovery and NPA management along with
macro policy issues including legal changes required for better recovery.
CHAPTER II
CONCEPTUAL ASPECTS OF OVERDUES, RECOVERY AND
PRUDENTIAL NORMS
2.1
2.1.1
The Following illustration shows how the recovery percentage is calculated over a
period of time.
Year
Recovery
Percentage
90/100=
90
10
90/(10+100)=
90/(10x2+100)=
90/(10x9+100)=
82
75
47
It is clear from the above example that though recovery percent on the current
year basis is 90% throughout, on a cumulative basis it becomes 47% in tenth year.
It is therefore, not easy to accurately measure the recovery performance of RFIs if
there is no provision for writing off bad debts.
2.1.2
credit account, etc. is to be treated as 'past due' when it remains unpaid for 30 days
beyond the due date. A non-performing asset (NPA) is defined as a credit facility in
respect of which interest or instalment of principal is past due for 'two quarters'. In
respect of advances for agricultural plirposes, if interest has not been paid during
the last 2 seasons of harvest (covering two half years), after it has become 'past due'
then such advance should be treated as NPA. Further, if any one of the credit
facilities enjoyed by a client becomes NPA, all of the other credit facilities enjoyed
by the client also deemed to have become NPA and are treated accordingly. In case
of RFIs, the lumping poses a problem. There are instances where the borrower
had serviced one account but not the other. Further, when there is limited
repayment to be made borrowers normally do not have option as to where the
repayment need to be applied.
2.1.3
Repayment
The assumption in delivery of credit as a source of finance is that the use of
credit would generate enough income to repay the loan with interest. However,
generation of adequate additional income has to be accompanied by willingness of
borrower to repay the loan with interest. Failure of investment may result in
non-generation of income, failure of expected income may lead to inadequate
income, perception or pressure of more important and urgent use of income
may incapacitate the repayment and finally the borrower's willingness and
desire has to be there to fulfil repayment obligation. If loans are not repaid, the RFI
loses both its interest income as well as its capital. Good management of recovery
of dues is, therefore, a complex issue encompassing economic and non-economic
factors and has implications for profitability of the RFIs.
Repayment of loan together with interest by borrowers is crucial for
recycling of funds deployed in rural credit. The fuelling of development process by
dispensing credit is meaningful only when timely repayment is forthcoming. Othenwise
expansion of credit delivery is seriously vitiated and the delivery system gets
chocked limiting the continued supply of credit by financial institutions in rural
areas. Good recovery is an important ingredient for profitability of RFIs as it leads
to increased financial capacity to deliver credit.
2.2
Prudential Norms
The introduction of banking sector reforms in 1992 is a watershed in the
Indian banking system. The reforms have not only brought about structural changes
in the Indian banking system but have also greatly influenced all types of banking
entities in various aspects of operations, governance, transparency and accountability.
Though the reforms were initially directed towards the commercial banks, they were
subsequently extended to cover the rural banking sector of the country corriprising
also of regional rural banks and co-operative banks.
Out of the various reform measures, the introduction of prudential norms
has been the cornerstone of banking sector reform process. The prudential norms
mainly cover the following four major aspects: Capital Adequacy; Income Recognitiop;
Asset Classification; and Provisioning. Herg it will be pertinent to mention the views
of the Committee on the Financial Systerri, .j^991 popularly known as Narasimh^m
Committee I.
banks (CBs), regional rural banks (RRBs) and co-operative banks have been as
foiiows:
2.3.1
recognition, assets classification were made applicable with effect from the
accounting year 1995-96 and provisioning from the financial year 1996-97 vide RBI
circular no.03.05.34/95-96 dated 22 March 1996.
2.3.2
Co-operatives Banks
Co-operative banks in India occupy a unique position and are organised on
(ii)
The time frame of applicability of prudential norms to the three types of RFIs
mentioned above are summarised in Table 1.1
Table 1:1 : Timeframe of Applicability of Prudential Norms in CBs,
RRBs and Co-operative Banks
Prudential Norms
CBs
RRBs
Co-operative Banks
Income Recognition
1992-93
1995-96
1996-97
Assets classification
Provisioning
2.4
1995-96
1992-93
1996-97
(with three years (with three years (No phasing for NPAs)
phasing of NPAs) phasing of NPAs)
1992-93
1996-97
1996-97
(with relaxation in
the first year)
types of RFIs in a phased manner and that, too, in a diluted form so that RFIs may
suitably adjust to new discipline and stabilise in due course of time. It was also
expected that only a robust and vibrant RFI can cope up with stringent prudential
norms at par with international standards. The Committee on Banking Sector
Reforms (Narasimham Committee II, 1998) also emphasised this aspect and
recommended gradual tightening of the prudential norms. RBI after examining the
same and taking into account the perfomriance of the banks, have further strengthened
the prudential norms for CBs only, with a gradual time frame as follows:
10
CHAPTER III
IMPACT OF NPAs ON HEALTH OF RFIs
The non-performance of loans affects RFIs in several ways and slowly
incapacitates the institution over time. A few notable areas are discussed below:
3.1
Solvency
The solvency of the RFI as exhibited by capital adequacy ratio is directly
related to quality of its loan portfolio. Like any company, RFIs can make losses and
so need capital which acts as a cover for such difTiculties. Since the loan portfolio is
a major part of net assets of any RFI, loan defaults are a prime source of potential
losses. Thus, new equity is required whenever such loan losses occur. As loan
loss provisions are a charge to profit, the RFI's owned funds are significantly
reduced. If tax provisions are ignored, an increase in loan loss provision or writing
off an asset requires an equal amount of increase in the mandated capital (Beattie
et al, 1995). A substantial portion of non performing assets in loan portfolio, thus,
jeopardises solvency of the RFI as accretion to owned fund is reduced due to higher
provision and consequently less profit. Besides, minimum capital is to be
maintained even for hard core non performing assets falling under doubtful or loss
category which are, in effect, dead assets and are carried over in the balance
sheet over the years in the absence of write off. Thus, every time NPAs increase,
RFI has to look for additional avenues to raise minimum capital to cover them.
3.2
Profitability
After the introduction of prudential norms, the NPAs have adversely affected
the profitability of RFIs in two ways. First, there is a loss of interest income to the
extent of interest accrued on NPAs since income recognition is limited to only
standard assets. Thus, RFI's income is affected to the extent of proportion of NPAs
in loan portfolio. Secondly, the RFI has to divert a part of profit for loan loss provisions
to cover the incremental portion of NPAs. This affects the net-profit and thereby
11
Liquidity
Banking business is a highly leveraged one. The intermediation involves
mobilizing short term deposit resources and lending for longer term on the strength
of future flow of deposits and the repayment of loans. Increasing NPAs not only
critically affect the liquidity of RFIs but also force the RFIs to maintain more liquid
assets thereby increasing the cost. Since the NPAs remain in the balance sheet of
the RFIs till they are written off or adjusted against loan loss provision which is a
long-winded process, they have to be funded either through deposits or capital so
far as they continue to remain in the balance sheet. Capital enhancement is not
always possible and can not be resorted to every year. Hence, every time NPAs
increase, deposits are mobilised to fund the incremental NPAs, thereby,
increasing interest expenditure. Further, because of the mandated obligations,
like SLR and CRR, RFIs not only have to fund the non-performing assets but for
every Rs 100 of such assets, RFIs have to look for more than Rs 100 of resources.
This can be expressed as follows:
NPAs
Deposits Required =
1- (SLR + CRR)
Where SLR = Statutory Liquidity Ratio
CRR= Cash Reserve Ratio
Thus, as the level of NPAs to total loans and advances increases, the liquidity
risk of RFI also increases.
3.4
blocked in NPAs and is not available for recycling, the loan availability starts shrinking
over the period. This invariably reduces the real rate of expansion of loan portfolio.
12
Interest Rate
Another fallout of lower profitability and shrinkage of performing loan portfolio
due to high NPAs is that the RFIs are not able to reduce the lending rate in relation
to bank rate which adversely affects their competitiveness and leads to poor credit
expansion. Moreover, as a result of higher provisioning due to incremental NPAs
and the cost of servicing the resources, the RFIs have to perforce charge higher
interest on the performing borrowers.
As the interest rate becomes higher than the market rate, the RFIs are left
with the option of adverse selection i.e., availability of only low rated borrowers for
their credit expansion which again increases the risk of creating new NPAs. Thus,
starts a vicious cycle as given below:
Low rated borrowers
Incremental NPAs
Higher Provisioning
Lower Profitability
suggested that lending rates should also come down. Although theoretically such
reduction is relevant, yet in the context of the huge burden of NPAs and need to
maintain higher spreads to protect their profit position, banks have not been in a
position to do so."
3.6
affects the credit rating of the RFIs thereby restricting their ability to approach the
public for capital subscription (Tier I Capital). Alternatively, a low rating substantially
increases the cost of raising funds even for Tier II Capital.
3.7
Sum Up
Thus, it can be concluded that NPAs greatly affect the financial health of the
RFIs. Nothing can highlight the importance of NPAs and their impact more than the
Narasimham Committees (I and II) whose reports have become the precursor of
the financial reforms in general and banking reforms in particular. The Committee
on Banking Sector Reforms (Narasimham Committee II, 1998) is quoted in this
regard as follows:
" NPAs constitute a real economic cost to the nation in that they reflect the
application of scarce capital and credit funds to unproductive uses. The moneys
locked up in NPAs are not available for productive use and to the extent that banks
seek to make provisions for NPAs or write them off, it is a charge on their profits. To
be able to do so, banks have to charge their productive and diligent customers a
higher rate of interest. It thus becomes a tax on efficiency. It is the customer who
uses credit efficiently that subsidises the inefficiency represented by NPAs. This
also raises the transaction costs in the system thus denying the diligent credit
customers the benefit of lower rates, which would help them to be more
efficient and competitive. NPAs, in short, are not just a problem for banks. They are
bad for the economy".
14
CHAPTER IV
NON- PERFORMING ASSETS IN RURAL
FINANCIAL INSTITUTIONS
The introduction of prudential norms has been a turning point in the reform
process of the RFIs. NPAs are the key to the whole range of prudential norms as
mentioned earlier. It will, therefore, be pertinent to have an analysis of the
Non-Performing Assets from various dimensions for three important RFIs viz., CBs,
RRBs and Co-operative banks for which data are available. The discussion on the
levels of NPAs and recovery performance is done together wherever data are available.
This is done as NPA levels and recovery performance are highly negatively correlated.
That is better recovery performance corresponds to lower NPAs.
4.1
study reveals that the gross Non Performing Advances of these banks were marginally
reduced to 17.84% as on 31 March 1997 after introduction of objective norms. Under
the earlier concept of sticky advances, the position as on 13 March 1989 was at
17.91%. However, a paper brought out by FITCHIBCA, an international credit rating
agency, observes "there is significant improvement since 1991 when gross
Non-Performing Loans (NPL) to total loans were estimated to be around 23%, or
even in 1995-96, when this ratio was 17.5%. The bulk of the NPLs in the banking
sector are due to historical reasons and incremental NPLs, until now, were not a serious
problem".
Rajaraman, et al (1999) report bank specific percentage of net NPAs to net
advances in commercial banks for the year 1996-97. These range from 2 per cent
in case of 9 new private sector banks to 9 per cent in case of 27 public sector
banks.
15
There is a general perception that the prescription of 40% of the net bank
credit to priority sector has led to higher level of NPAs in CBs. However, an analysis
of the data collected from the 27 Public Sector Banks revealed that the proportion
of NPAs in priority sectors to total NPAs was 48.27% as on 31 March 1996 which
has gradually declined to 46.40% as on 31 March 1998.
The statistical information as at the end of financial years 1995-96,1996-97
and 1997-98 relating to the proportion of the NPAs to the advances under priority
sectors and the comparative position of NPAs in non-priority sectors vis-a-vis the
advances to that sector by Public Sector banks is given in Table 4.1.
Table 4.1: NPAs in 27 Commercial Banks (1996-98)
(Rs. Crore)
Variables
1996
1997
1998
Total Advances
229231
244214
284971
39583 *
43577
45652
17.27*
17.84
16.02
69609
79131
91318
30.37
32.40
32.04
19106
20774
21183
27.45
26.25
23.20
48.27
47.67
46.4
159622
165083
193653
20477
22802
24469
12.82
13.81
12.63
* The figures of Gross NPAs and the percentage of Gross NPAs to Total Advances as on 31.3.1996 were
subsequently revised to Rs 41661 crore and 18 per cent respectively, but the break up of the relative
figures for priority sector and non-priority sector were not
available.
Source: RBI, Website
It is Observed that the share of priority sector NPAs in Gross NPAs of public
sector banks, though reduced from 48.27% in end-March 1996 to 46.4% in
16
end-March 1998, was significantly higher than the proportion of priority sector advances to total advances, which ranged between 30% and 32% during the above
period. The percentage of gross NPAs in priority sector advances, though came
down from 27.45 per cent in end-March 1996 to 23.2 per cent in end-March 1998,
was almost twice the NPAs in Non-priority sector advances in per cent terms, which
ranged from 12.8% to 13.8% during the above period. It could be inferred that the
higher NPAs in priority sector advances have pushed up the overall proportion of
NPAs of these banks by about 3% to 4 %. However, the gradual increase in the
proportion of NPAs in non-priority sectors could indicate that NPAs are increasingly
occurring on credit accounts of industrial sector during the recent years.
4.2
block to attain profitability and solvency. However, at all India level, percentage of
NPAs to loans declined from 43.07% in 1995-96 to 27.89% in 1998-99. The median
NPAs in per cent, too, has come down from 45.2% in 1995-96 to 26.2% in 1998-99.
Undoubtedly, RRBs in general suffer from a high proportion of NPAs and
therefore, command a low esteem in Indian banking industry. This is due to past
policies of directed credit, faulty appraisal, poor monitoring and recovery efforts in
RRBs, etc. To have a proper perspective of NPAs in RRBs, it is necessary to
analyse the incidence of NPAs in further detail.
4.2.1
17
Above
70%
4 1 % to
70%
10% to
40%
Below
10%
Total
Median
NPA ratio
95-96
96-97
97-98
22
10
4
91
88
71
79
88
109
4
10
20
196
196
196
45.2
40.0
32.3
98-99
56
119
20
196
26.2
Source: Key Statistics on Regional Rural Banks 1996, 97,98, and 99, NABARD, Mumbai,
Initially, there has been major shift of RRBs from higher level NPA categories
(viz., above 70% and between 41 % to70%) to lower level categories but the improvement
has not further progressed downward from the 3"* category of 10% to 40% to 4 *
category of below 10%. The concentration of majority of RRBs in the 3'" size
category indicates that after major reduction in NPAs, it becomes increasingly difficult
to effect marginal reduction in NPAs position & stupendous efforts are
required to further reduce the NPAs of the RRB.
4.2.2
Table 4.3
Table 4.3 :
State
Recovery
%*
1997-98
% NPAs
to loans
Recovery
%*
1998-99
%NPAs
to loans
88.16
79.37
68.95
5.25
10.04
15.58
6.44
11.06
22.33
85.59
79.24
58.97
6.11
-10.29
19.33
Contd...
18
4.Karnataka
5. Gujarat
6.A.P.
7. Rajasthan
8. Haryana
9. Punjab
19.89
25.36
24.04
30.67
33.37
36.78
72.28
67.88
57.62
52.37
75.29
70.92
18.93
21.81
21.71
24.62
27.72
31.88
70.20
72.33
61.47
65.19
72.26
72.11
17,49
17.69
19,82
20.90
23.91
25.48
55.33
52.20
60.05
53.18
24.75
38.92
37.17
28.71
29.94
30.11
35.67
42.19
42.76
46.44
42.63
40.04
44.20
44.78
56.64
49.35
62.23
51.94
52.23
60.07
52.70
24.61
38.92
33.08
34.13
36.41
35.10
41.60
43.55
46.11
52.45
19
4.2.3
1995-96
1996-97
1997-98
1998-99
Assets
Classification
Amount
Percent
Amount
Percent
Amount
Percent
Amount
Percent
Standard
4272.71
56.93
5506.62
63.21
6622.83
67.16
8191.10
72.11
Sub-standard
Doubtful
693.42
2104.95
9.24
713.47
28.05
5.78
2088.73
402.99
8.19
23.98
4.63
835.94
2015.43
8.48
20.44
3.92
932.16
1907.70
8.21
16.79
327.98
2.89
100.00
8711.82
3205.20
100.00
9860.61
3237.99
100.00
11358.94
3167.84
100.0
Loss
Gross Loans
and advances
Total NPAs
Total NPAs to
Total Loans (%)
433.94
7505.03
3232.31
43.07
386.62
32.84
36.79
27.89
Source: Key Statistics on Regional Rural Banks 1996, 97,98 and 99, NABARD, Mumbai
The share of standard assets in the total loan portfolio of RRBs has also
increased significantly from 56.93% in 1995-96 to 72.11 % in 1998-99. Despite these
encouraging trends, the overall quantum of NPAs in loan portfolio at 28% and that
too of doubtful assets at 17% is still high as mentioned earlier. Further, it may be
observed that while in the last two NPA categories there is decrease in both absolute
and relative terms, in case of sub-standard assets, they are, in fact, increasing in
absolute terms. This trend can be attributed either to shift of doubtful assets to substandard level or occurrence of new sub-standard assets out of fresh loans with no
upgradation of already existing sub-standard assets into standard assets. This is a
disturbing feature and if not arrested early, may nullify the efforts of RRBs to contain
NPAs.
20
4.3
assets of SCBs and DCCBs for the two years i.e., 1996-97 and 1997-98.
Table 4.5: Loan Assets Classification of Co-operative Banks
(1996-97 to 1997-98)
(Rs. Crores)
Asset
Classification
SCBs
Standard
1997-98
1996-97
Amount
15666.80
DCCBs
Percent
Amount
1996-97
Percent
90.59 17687.98
Amount
87.97 21289.16
1997-98
Percent
Amount
80.30 24456.12
Percent
81.77
Sub-Standard
796.41
4.61
1237.45
6.15
2789.81
10.52
2777.11
9.29
Doubtful
777.99
4.50
913.56
4.54
1806.67
6.81
1882.59
6,29
52.07
0.30
268.74
1.34
627.37
2.37
791.43
2.65
Loss
Total Assets
Total NPAs
9.41
2419.75
12.03
5223.85
19.70
5451.13
21
18.23
loans for the two years has been given in Table 4.6.
22
1996-9r
6
5
4
9
2
26
1997-98"
7
3
4
8
3
25
* The data relate to 26 SCBs. Data for Arunachal Pradesh are not available.
** Data for Delhi SCB and Arunachal Pradesh are not available.
Source: Dossier on Co-operatives-State-wise status of the Co-operative Credit Structure, March 1998,
NABARD, Mumbai.
has been attempted for both SCBs and DCCBs and is presented in Tables
4.7 and 4.8, respectively.
23
Table 4.7: NPAs level and Recovery Performance of SCBs: Major States
States
1996-97
% NPAs to loans
1997-98
Recovery %
%NPAs to loans
Recovery %
0.18
99.9
0.19
99.1
2. Gujarat
3.27
98
1.00
94
3. Haryana
1.37
99
1.45
99
4. Kerala
5.92
87
2.56
81
5. Karnataka
3.59
89
2.62
90
6. Goa
4.05
71
3.54
68
7.M.P.
3.13
99
4.32
99
8. Orissa
7.16
79
5.24
88
9. Rajasthan
9.17
82
5.77
80
10. U.P.
5.43
85
6.88
89
11.W.B.
17.33
70
11.52
78
10.31
63
18.65
62
2. Maharasthra
13.20
79
18.67
68
3: J & K
22.37
64
28.20
45
4. H.P
26.9
35
34.57
39
5. Assam
46.55
24
49.63
19
6. Bihar
57.00
18
66.19
13
Source: Dossier on Co-operatives-State-wise status of the Co-operative Credit Structure, March 1998,
NABARD, Mumbai.
Tables 4.7 and 4.8 highlight the fact that level of NPAs and recovery perfonnance
are negatively correlated. SCBs in most of the states have significantly lower NPAs
in comparison to national average and only SCBs of 4 states viz. Jammu & Kashmir,
Himachal Pradesh, Assam and Bihar have NPAs above 20%. The comparative
picture in case of DCCBs as given by Table 4.8 is not so encouraging. In case of
DCCBs, half the states are below national average and half are above. It is observed that the NPA level shows increasing proportion in lower level co-operative
institutions. This may indicate some inherent structure of the business transactions.
Even the states like Maharasthra and Gujarat with strong co-operative base have
24
States
% NPAs to loans
1997-98
Recovery %
%NPAs to loans
Recovetv %
79
5.98
78
83
8.84
85
60.2
12.51
76.4
4. Karnataka
4.35
12.23
10.76
31.36
75
13.35
69
5. H.P.
15.87
63
14.97
56
6. W.B.
16.50
72
15.11
74
7.A.P.
11.87
75
15.52
71
8. Kerala
15.49
80
18.12
79
2. Rajasthan
3. Tamil Nadu
21.36
62
18.63
58
2. Maharasthra
21.43
64
19.60
66
3. Orrisa
22.13
58
20.33
57
4. U.P.
28.01
56
23.18
36
5. Gujarat
20.03
70
24.85
70
6. J & K
40.60
17
48.18
17
7. Bihar
73.34
18
72.56
11
8. Assam
88.83
88.54
Pradesh
4.4
25
1996-97
1997-98
1998-99
1996-97
1997-98 1998-99
i)CBs
18.00
17.84
16.02
41661
43577
45652
81
80
79
ii) RRBs
36.79
32.84
27.89
3205.20
3237.99
3167.84
iij) SCBs
9.41
11.76
12.55
1626.47
2304.17
2747.93
iv) DCCBs
19.7
18.06
17.81
5223.85
5687.37
6572.73
10
10
11
18.35
17.98
16.47
51716.5
54806.5
58140.7
100
100
100
Total
Structure.March 1998
Table 4.9 shows that NPAs in absolute terms are increasing in CBs, SCBs
and DCCBs. However, in per cent terms, NPAs are marginally declining in CBs and
RRBs. In per cent terms, for 1998-99, the latest year for which data are available for
all the four categories of institutions considered here, RRBs have the highest level
of NPAs i.e., 28% followed by DCCBs (18%), CBs (16%) and SCBs (13%). Even
the lowest here (13%) is higher relative to the internationally acceptable standard of
5% NPAs. It shows the urgency and magnitude of the problem of NPAs afflicting
Indian Banks in general and RFIs in particular. Therefore, management of NPAs
becomes of immediate importance for RFIs in India.
26
CHAPTER V
RECOVERY PERFORMANCE
The efficiency of a RFI as a financial intermediary depends to a great extent
on timely recovery of loans. Abnormal delay in recovery of loans builds up NPAs
which affect RFIs adversely with respect to liquidity and impair their ability to
service the maturing liabilities as mentioned earlier. The blocked funds in NPAs
increase the cost of financial intermediation as RFIs resort to raising deposits and
borrowings at a higher cost as a measure to minimize the imbalance between
cash outflow and cash inflow arising out of the NPAs. This has an adverse impact
on the profitability of the banks both in the short-run and long run as mentioned
earlier.
5.1
level of 49% of demand in the RRB system was a matter of concern. This situation,
however, has improved in recent years.
The percentage of recovery to demand in RRBs across states during the
period 1991 to 1998 is presented in Table 5.1. The recovery rate in RRBs touched
a very low point of 40.89% during 1992 in a seriously contaminated recovery climate
in the country after the announcement of Agricultural and Rural Debt Relief (ARDR)
scheme 1989 by the Government of India. As per the ARDR scheme of 1989, loans
outstanding of less than Rs 10,000 were waived.
For ease in interpretation, Table 5.2 is prepared where region-wise recovery
percentage are given. During 1992, with the exception of Southern Region (Andhra
Pradesh, Karnataka, Kerala and Tamil Nadu) and Central Region (Madhya Pradesh
and Uttar Pradesh), the recovery rate was substantially low in all other regions of
the country. In fact the southern region had a marginally higher recovery percentage
during the year.
27
1991
1992
1993
1994
1995
1996
1997
1998
Haryana
Name of States
38.92
37.86
34.91
45.71
59.79
64.00
75.29
72.26
Himachal Pradesh
51.63
49.38
55.60
55.67
65.50
66.74
68.32
68,95
43.65
34.52
17.05
25.63
26.99
35.95
35.17
24.23
Punjab
56.61
49.80
55.65
52.25
60.55
64.42
70.92
72,11
Rajasthan
62.43
29.72
30.90
35.04
44.00
50.45
52.37
65.19
65.83
Northern Region
53.06
36.44
37.87
41.28
52.35
57.86
56.29
6.
Arunachal Pradesh
56.27
29.31
45.81
46.72
52.31
49.86
49.70
NA
7.
Assam
38.57
19,37
11.36
11.16
18.38
17,36
24.61
29,26
8.
Manipur
29.29
29.29
14.25
15.16
17.49
23.08
24.03
29.53
9.
Meghalaya
30.12
27.55
22.08
26.23
30.77
22.88
32.05
41.19
10.
IWizoram
63.42
32.52
51.37
53.43
48.21
52.22
63.31
58.70
11.
Nagaland
52.65
5.49
10.84
3.07
9.24
8,79
54.25
NA
12.
Tripura
8.35
5.77
2.13
5.77
7.41
7.10
10.71
11.61
33.90
14.08
9.11
10.27
14.67
14.47
21.31
24.64
13.
Bihar
25,64
16.55
10.59
16,27
20,84
28.98
33.08
34.13
14.
Orissa
48.08
45.61
47.72
48.80
53.39
57.57
60,07
61.62
15,
West Bengal
53.76
28.22
27.26
30,26
32.20
34.35
38.92
37.99
Eastern Region
38.45
27.33
24.71
27.51
31.66
37.48
42.34
42.66
16,
Madhya Pradesh
27.15
24.55
28.36
34.54
41.54
48.16
51.94
55,33
17,
Uttar Pradesh
39.31
40.76
43.18
43.69
48.99
50.83
52.70
55.23
Central Region
36.05
36.25
39.16
41.45
47.23
50.12
52.48
55.26
18,
Gujarat
59.66
49,55
56.95
59.18
65.14
68.04
67.88
72.33
19,
Maharashtra
30.30
25.90
27.12
40.22
50.92
66.59
52,23
6222
Western Region
40.02
33.92
38.68
46.89
58.06
67.35
59.15
66.36
20.
Andra Pradesh
46.20
44.92
46.80
57.12
57.87
58.12
57.62
61.47
21,
Kartnatal<a
51.75
50.34
49.72
59.54
63.14
67.92
72.17
70.20
22,
Kerala
68.65
75,17
77.57
81.55
83,65
84.48
88.90
88 16
23.
Tamilnadu
72,81
73.31
62.33
68.33
75.83
78.57
78.84
79.37
Southern Region
54.68
56.73
56.63
64.66
66.29
68.93
71.62
72.74
ALL INDIA
45.21
40.89
41.20
46.23
50.98
55.10
56.96
60.54
28
Region
1991
1995 1996
1997 1998
Change In
Recovery
%(92-98)
Northern Region
(Haryana,HP,Punjab,J&K,
53.06
36.44
37.87
41.28
52.35
57.86
56.29
65.83
29.39
33.90
14.08
9.11
10.27
14.67
14.47
21.31
24.64
10.56
38.45
27.33
24.71
27.51
31.66
37.48
42.34
42.66
15.33
36.05
36.25
39.16
41.45
47.23
50.12
52.48
55.26
19.01
40.02
33.92
38.68
46.89
58.06
67.35
59.15
66.36
32.44
54.68
56.73
56.63
64.66
66.29
68 93
71.62
72.74
16.01
45.21
40.89
41.20
46.23
50.98
55.10
56.96
60.54
19.65
Rajasthan
North Eastern Region
Eastern Region
(Bihar.Orissa, West Bengal)
Central Region
(IWP&UP)
Western Region
(Gujarat & Maharshtra)
Southern Region
(AP, Karnataka, Kerala,
Tamilnadu)
ALL INDIA
Source: Review of Working Regional Rural Banks as on 31 March 1998, NABARD, Mumbai
recovery was an integral part of such DAPs. All the Sponsor Banks/ RRBs signed
a Memorandum of Understanding (MoU) with NABARD to achieve certain business
parameters including recovery targets over a period of five to seven years which
brought about commitment of the management of the individual RRB.
The increasing competition in the banking world under the ongoing financial
reforms process also propelled RRBs to make vigorous recovery efforts to ensure
their survival and growth. The introduction of prudential norms in 1995-96 and
further tightening of the norms in the subsequent years led to greater accountability
on the part of the management and staff of RRBs. These norms clearly established
a direct linkage between recovery of advances and the profitability of the branches
which was not conspicuous in the previous system of health code classification of
assets based on overdues criterion. The RRBs were left with no option but to effect
recovery of derecognised income and prevent fresh incidence of non-performing loan
assets. This resulted in fairly widespread improvement in internal systems and
control and strengthening of recovery mechanism in RRBs.
The Organisation Development Initiative (ODI) taken up by NABARD/Bankers
Institute of Rural Development (BIRD) in selected RRBs helped in arousing
the motivational levels among the staff and transforming them into challenge seekers as the process involved a wider cross section of staff in business and profit
planning through DAPs. This brought commitment of the RRB staff without which
it would have been difficult to negotiate the U-turn on recovery highway.
5.2
across states for the last three to four years is shown in Tables 5.3 and 5.4 respectively.
As regards short term credit, recovery percentage is generally higher in case of
SCBs across states followed by DCCBs and PACS respectively. Recovery rates
are lower in North-Eastern Region and Bihar and are higher in Haryana, Punjab,
Madhya Pradesh, Gujarat and Tamil Nadu.
30
states
OCCBs
95-96
96-97
97-98
1. Haryana
99
99
99
99
2. HImachal Pradesh
34
35
39
74
64
45
4. Punjab
99
99
5. Rajasthan
85
85
6. Chandigarh
48
7. Delhi
98-99 95-96
PACs
95-96 96-97
96-97
97-98
98-99
97-98
83
79
77
79
56
31
63
56
55
55
58
55
34
23
17
17
26
NA
NA
NA
100
96
89
87
87
88
83
83
85
81
89
80
83
85
83
71
68
70
49
34
22
NA
NA
NA
NA
NA
NA
NA
53
48
51
39
NA
NA
NA
NA
NA
NA
NA
1. Arunnachal Pradesh28
25
22
37
NA
NA
NA
NA
NA
NA
NA
24
24
20
27
NA
NA
NA
NA
Northern Region
75
76
74
North- Eastern
Region
2. Assam
3. Manipur
NA
NA
NA
NA
NA
NA
4. Meghalaya
39
41
40
44
NA
NA
NA
NA
NA
NA
NA
5. Mizoram
11
31
43
42
NA
NA
NA
NA
NA
NA
NA
6. Nagaland
39
28
23
13
NA
NA
NA
NA
NA
NA
NA
7. Tripura
25
28
19
34
NA
NA
NA
NA
NA
NA
NA
13
18
18
11
12
NA
NA
NA
88
91
61
58
57
48
63
40
49
Eastern Region
1. Bihar
20
18
2, Orissa
78
79
3. West Bengal
62
70
78
78
76
72
74
75
67
72
NA
4. Andaman &
44
55
61
64
NA
NA
NA
NA
52
55
60
1. Madya Pradesh
97
99
99
94
59
52
58
60
50
52
64
2. Uttar Pradesh
85
85
89
80
58
56
54
53
67
43
41
Nicobar
Central Region
Western Region
1. Goa
74
72
68
66
NA
NA
NA
NA
47
51
47
2. Gujarat
99
98
94
90
67
70
70
66
71
69
69
3. Maharashtra
86
84
78
84
66
64
68
66
57
57
55
1. Andhra Pradesh
68
63
62
72
69
75
71
72
55
NA
NA
2. Karnatal<a
92
89
90
91
73
68
69
71
67
65
79
3. Kerala
96
87
81
88
77
80
79
84
79
NA
83
80.2
76.4
77.4
70
62
62
NA
NA
5. Pondicherry
61
59
63
NA
NA
Source: Dossier on Cooperatives, NABARD, Manual 1998 & 1999.
NA= Not Available/ Applicable.
NA
53
48
44
Southern Region
4. Tamil Nadu
99.8
99.9
97.3
94.6
77.7
31
states
95-96
A. Northern Region
1. Haryana
95
2. Himachal Pradesh
65
3. Jammu & Kashmir
39
100
4. Punjab
5. Rajasthan
80
6. Chandigarh
48
7. Delhi
NA
B. Northern -Easterr1 Region
NA
1, Arunachal Pradesh
2. Assam
2
3. Manipur
11.91
NA
4. Mehhalaya
5. Mizoram
NA
NA
6. Nagaland
7. Tripura
66
C. Eastern Region
1. Bihar
33
2. Orissa
18
3. West Bengal
60
4. Andaman & Nicobar
NA
D. Central Region
1. iVIadhya Pradesh
39
2. Uttar Pradesh
79
E. Western Region
1. Goa
2. Gujarat
66
3. Maharashtra
52
F. Southern Region
NA
1. Andhra Pradesh
38
2. Karnatal<a
3. Kerala
92
4 Tamil Nadu
50
5. Pondicherry
49
PCARDBs
96-97
97-98
98-99
95-96
96-97
97-98
98-99
96
70
32
100
84
49
NA
93
67
33
100
85
34
NA
94
69
37
100
82
22
NA
66
69
NA
89
69
NA
NA
70
80
NA
82
72
NA
NA
65
80
NA
83
67
NA
NA
69
81
NA
83
65
NA
NA
NA
24
11.15
NA
NA
NA
51
NA
16
4.99
NA
NA
NA
44
NA
1
NA
NA
NA
NA
57
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
38
11
61
NA
38
6
62
NA
36
7
64
NA
NA
39
60
NA
NA
31
63
NA
NA
24
62
NA
NA
23
59
NA
42
80
37
81
42
82
52
NA
55
NA
48
NA
60
NA
65
50
66
44
64
45
NA
NA
NA
NA
NA
NA
NA
NA
NA
41
93
55
53
NA
31
93
51
36
NA
33
95
52
41
NA
36
75
42
NA
NA
38
76
47
NA
NA
32
73
43
NA
NA
34
73
47
NA
1997-98
1998-99
PCAR
PCAR
PCAR
DBS
DBS
DBS
DBS
DBS
DBS
Total Overdues
2192
6350
1012
753
2616
7457
1196
983
2650
8565
1353
1108
Overdues> 3
years
602
1348
148
294
837
1662
170
382
1095
1914
449
429
Overdues to
Loans
Outstanding (%)
12
22
14
15
13
24
14
17
12
23
13
16
Overdues > 3
years total
Overdues (%)
28
21
15
39
32
22
14
39
41
22
33
39
5.3
has improved overtime. It has improved from 57% in 1994-95 to 67% in 1998-99
(Economic Survey 2000-01). The position with reference to only rural branches of
commercial banks is not readily available for the comparison. Nonetheless, the
performance with regard to recovery of agricultural loans across financial institutions
is provided in Table 5.6.
Table 5.6 : COMPARATIVE RECOVERY PERCENTAGE OF RFIs
SI.No AgencyRecovery
Percentage as on 30 June
1995
1996
1997
1998
1999
Commercial Banks
57
62
63
66
67
II
RRBs
51
55
57
61
64
III
Cooperative Sector
SCBs
90
90
86
84
81
DCCBs
73
69
70
70
70
Source :
PACs
NA
NA
63
68
NA
SCARDBs
62
61
62
61
62
PCARDBs
67
61
59
55
60
33
Table 5.6 shows that recovery percentage is improving in case of CBs and
RRBs whereas it is worsening in case of co-operatives. However, in absolute sense,
recovery percentage is higher in case of co-operatives (SCBs and DCCBs) generally
compared to that of CBs and RRBs.
5.4
July to June every year whereas other banking statistics are presented April to
March every year. It seems reasonable to think that if DCB is also reported April to
March every year, it would make it consistent with other banking statistics.
However, rural credit being largely agricultural credit, its recovery season
coincides with agricultural season. Recoveries start coming after the Rabi crop in
March and April. If DCB is reported in March, it would provide an underestimate of
actual amount recovered which in fact belongs to that year.
Nonetheless, it is an interesting point to investigate the difference between
DCB ending March and DCB ending June. If the difference is significant, it is
worthwhile to see the figures for few years. If the difference is not significant, it
could very well be changed to ending March every year to make it consistent with
other banking statistics. As a matter of fact, both DCB figures can be compared
and it should not be difficult to do so with available information technology with
RFIs, at least at corporate level.
As regards the shift from June to March, it would make a difference only in
the first year when DCB will be reported for nine months. From the next year onward,
it would be for the whole year. Therefore, the transition from June ending to March
ending should not be difficult if the shift is considered appropriate for comparison with
other banking statistics which are reported according to the financial year ending
March every year.
34
5.5
commercial banks (CBs) and RRBs has improved in the recent past whereas
it has stagnated or worsened in case of co-operatives. However, there are interinstitutional and intra-institutional differences in recovery performance. This, however,
should not be taken as a matter for complacency because recovery percentage
should be close to hundred per cent if the build-up of NPAs has to be arrested.
Therefore, it is important to consider the factors which are responsible for low
recovery of loans in RFIs.
The factors affecting the recovery of loans by RFIs may be broadly grouped
into two, the external and the internal. Among the internal factors, some are related
to the borrowers and some are related to the RFIs. A few important factors responsible
for poor recovery of loans and therefore build up of NPAs in RFIs are illustrated in
Box. 1.
35
Box 1:
A.
External
B.
Internal
Natural calamities
Political Interference
Loan waiver, write off, etc.
Geographical factors
Changes in Policy environment
Changes in Technology
Changes in Economic Conditions
Target approach under Government
sponsored programmes
Legal process
I. RFI Related:
Improper identification of borrower|
Lack of appraisal skills
Credit
Delay in loan sanctioning
Decisions
Under or over financing
Insufficient gestation or repayment
period
Lack of post-disbursement follow-up
Lack of borrower contact and poor
understanding of rural clientele
No thrust on recovery
Laxity in internal control systems
Poor Management Information System
Failure to ensure adequate rapport with
government agencies
Low motivation and involvement of staff
Perception of bank as a charity institution
Poor Industrial Relations climate
II.
Borrower Related:
Misutilisation of Loan
Diversion of Funds
Lack of Technical and Managerial Skills
Poor maintenance of Assets
Wilful Default
Personal accident, death, etc.
Shifting of place of residence or business
36
CHAPTER VI
RECOVERY AND NPA MANAGEMENT
RFIs were never so serious in their efforts to ensure timely recovery and
consequent reduction of NPAs as they are today. It is important to remember that
recovery management, be of fresh loans or old loans, is central to NPA management.
This management process needs to start at the loan initiating stage itself. Effective
management of recovery and NPA comprise two pronged strategy. First relates to
arresting of the defaults and creation of NPA thereof and the second is to handling
of loan delinquencies. The tenets of financial sector reforms were revolutionary
which created a sense of urgency in the minds of staff of RFIs and gave them a
message that either they perform or perish. The prudential norms has forced the
RFIs to look into the asset quality. The recovery and NPA management strategies
adopted by the RFIs may be classified into two broad categories viz. 1. Preventive
and 2. Corrective strategies. While preventive methods are aimed at preventing the
event of a default within the prescribed procedures, the corrective methods are^
aimed at ensuring recoveries once credit is due for payment.
6.1
Preventive Methods
More careful and responsible scrutiny and appraisal. This includes timely
sanction, realism in fixing repayment schedule and adequacy of credit with
efficient delivery.
Evolving a broad loan recovery policy and implementing through the cadres
with adequate accountability and empowerment.
Regular and effective follow up with borrowers and timely action on sensing
the likely default.
Title, value, etc. and additional security are to be investigated before the
disbursement of loan.
37
his/her family background such as i) size of the family ii) number of depen
dents in the family iii) earning members in the family iv) standard of living v)
length of residency in the area, etc.
the preventive methods to ensure prompt recovery. These methods are seldom
resorted to by the co-operative system because under the co-operative laws stringent legal actions could be ensured to force a recovery. In case of Commercial
Banks performing in rural areas, the preventive methods are not so much visible.
This may be because they have a wider option to relocate or consolidate their rural
branches or may be as a percentage the rural lending is small against their total
loans and advances.
6.2
Corrective Methods
The corrective methods conventionally start with initiating legal action for
recovery and followed by lodging insurance claims with DICGCI wherever possible
and initiating coercive action against the borrower and the surety. However, corrective
methods, in recent years, have become more innovative and participatory.
38
The distinction between preventive and corrective methods has become blurred.
Some corrective methods, as practiced mainly by RRBs, are discussed here.
(i) Sharing the Threat Perception
The top management conducts seminars and meetings with the staff and
conveys the crisis in which the RRB is in. It indicates that unless recoveries start
coming the RRB would be closed. Periodical seminars involving small group
of Branch Managers and other staff including the sub-staff are conducted to
educate them about the impact of NPA accounts on the overall profitability of the
branch and RRB and how it affects the very existence of the RRB.
(ii) Staff Motivation
Some Regional Rural Banks have dismantled the demotivated mindset of
their staff by releasing staff benefits like conveyance allowance, housing loan, etc.
and some have effected promotions. These measures have motivated the staff to
perform better in every area and particularly the areas which hurt the bank the most
viz. recovery of loans and management of NPAs. In some banks the organisational
development intervention (ODI) has motivated the staff to step up recovery efforts
(e.g., Howrah Gramin Bank).
Shields, trophies and appreciation certificates are awarded to the staff and
branches showing good recovery performances, in some cases transfer to centres of choice are linked to recovery performance of the concerned staff. In some
banks, in each branch the NPA accounts are allotted to each staff right from the
officer to the messenger for personal follow-up and monitoring.
(iii)
and branches for effecting recoveries. For example in the case of RRBs sponsored
by Syndicate Bank, the Head Office of RRB identifies branches which constitute
39
50% of the total NPA of the bank so that Head Office can have control over the
recovery efforts initiated at the selected high NPA branches through intensive
monitoring. In some cases, top 100 NPA accounts of the bank pertaining to various
branches are identified and monitored directly from the Head Office in co-ordination
with branches. Following steps are taken.
Executives of RRBs visit selected 100 NPA parties and establish direct
personal contact for ensuring recovery. The RRBs arrange for customers'
meet especially of NPA clients at various important centres to discuss and
address their problems.
The RRBs arrange periodical lawyers' meet to review the status of suit filed
cases.
Pragmatic approach is followed for out of court settlement of loan accounts
and bringing compromise proposals to logical end at the earliest.
Identification of potential NPAs Is done by the end of the first quarter of the
financial year so that preventive measures could be initiated at the beginning.
Staff mobility is ensured and the recovery staff is allowed to hire transport to
suit their needs and no questions are asked.
Staff are deputed to Sub Divisional Officer (SDO) orTehsil courts to assist
the court staff for issuing notices to borrowers In case of overdue loans.
Periodical recovery camps are held In villages In co-ordination with Government
officials.
The borrowers are constantly reminded about their overdues and notice to
clear them are regularly sent.
List of defaulters is displayed in the notice board of the branch without
disclosing the account number, amount of loan, overdue, etc. The Idea is
simply to draw attention of the defaulters to contact the Branch Manager.
A copy of the list Is also given to the counter clerk so that he/she can ask the
defaulters whenever they come to the branch to transact to meet the Branch
Manager.
40
(iv)
Revenue recovery notices are issued by the District Magistrate or SubDivisional Officer once a year advising Ixjrrowers to deposit the overdue amount
in the RRB to avoid legal actions permitted under the law.
(v)
Extraordinary Methods
Apart from what has been stated above some RRBs have
adopted certain extra-ordinary methods to ensure recovery and a few of
such methods adopted by the RRBs are narrated here.
Announcing the names of the defaulters in market places through drum beating.
41
attended the marriage ceremony with gifts and repayments have followed.
In some cases, the branch staff have paid money for the performance of
last rites in the event of the death in the family of the borrower (defaulter)
and repayments have followed.
List of defaulters prepared and pasted at public places and the recovery
van, a hired jeep, was flag marched with banner Vasuli Dal (recovery squad)
by order of district administration. Bank records related to recovery were kept
wrapped in red cloth to impress the public that Government officials are also
involved in the recovery of bank dues.
or appeal to the morale of the borrower to repay the banks' dues. While these methods have yielded fruitful results in some places it may be dangerous and risky to
adopt such methods everywhere.
To sum up, it may be seen that whether it is preventive or corrective method,
proper motivation and commitment of the bank staff, strict adherence to proper loan
supervision and monitoring and a congenial relationship with Government machinery
contribute to good recovery. But there may be cases where all or any of these
methods fail and consequently the loans have to be finally written off. Moreover, the
legal procedure in regard to recovery of bank dues is cumbersome, lengthy and
time consuming and it is time to critically examine these laws for their efficacy.
42
(vi)
I
I
1
I
i
Ii
jnd
Recovery Strategies
effect recovery
compromises to improve recovery status of account
partial write off
adjustment of collateral securities
pressure on guarantors
43
reimbursement once the decree is executed from out of sale proceeds as per decree.
However, in most cases the cost aJlowed is far less than the actual, inflicting high
expenditure to the banks. It is seen that in case of RFIs, the legal process is not only long
drawn buK also expensive.ln the meantime, as per prudent accounting procedure, the money
will remain in the books of accounts without earning anyinterest. Also, making it imperative
to make provisions as per directives. The following points are worth mentioning.
i
The law does not allow sale as an automatic right of the creditor - except
through a court process even in the case of mortgage,
ii
eral is equally costly and lengthy. The court fee is payable on the amount of default or on
the amount to be recovered and not on the value of the security. Judiciary and Revenue
machinery have been generally unable to help the RFIs in recovery. The sheer volume
of cases weighs them down even if the system has the intention. Except for the
demonstrative effect, filing of summary or money suit for unsecured loans does not
45
provide any tangible benefit for the RFIs. RFIs observe that pursuing such suits to a
logical end is not prudent as it involves higher administrative and risk costs for them.
The expenses made on the court lie in the books of accounts until their
recovery is made by effecting the sale. This is a drain on the RFI's resources and
is often without any return for the RFI during the period. The RFIs feel that the cost
of executing the collateral is quite high for the RFIs.
6.3.3
certain privileges like 'change' and priority over other creditors for recovery of dues
from members. They also enjoy exemption from payment of stamp duty and
registration charges for mortgaged land while availing agricultural loans (upto
some financial ceiling) and the creation of mortgage by the borrower by simple
declaration.
In addition, the Cooperative Banks enjoy special facilities to expedite the
process of recovery of their dues without recourse to civil courts. State Laws
authorise some officials of the Government (Registrars of Cooperative Societies)
to exercise the powers of a civil court to order attachment and sale of property of
debtor to fulfill the repayment obligation to a cooperative society.
The essence of these special facilities, usually referred to as summary procedure,
is that the authorised officials are empowered to issue an order having the force of a
decree of a civil court for payment of any sum due to the banks by sale of the
property changed or mortgaged in favour of the bank. These powers have been
granted to facilitate recovery of dues of cooperatives without having to resort to time
consuming litigation in civil courts. The Recovery performance of the cooperatives is
not improving despite the above special facilities showing the inept handling by
government machinery. The cost, despite the easy procedure, is high as the high
cost of the departmental officials for the semi judiciary process is met by these
banks in addition to recovery officers of the bank. Further, the execution of awards
46
through sale gets, most often, vitiated by external forces, as being the government
agency, cutting the root of the efficacy of the special facilities supposedly given to
co-operatives.
6.3.4
47
6.3.5
of Debts due to banks and Financial Institutions Act, 1993 for expeditious adjudication
and recovery of debts. These courts now adjudicate banks' suits involving amount
of Rs 10 lakh and above by transferring the cases pending with the civil courts.
These loans are nomnally secured with collaterals. Only six such tribunals are operative
now. The number of such tribunals is inadequate resulting in large number of cases
pending before them. They are not yet equipped with proper infrastructure and flexibility
to function smoothly.
For recovery of small loans and to ensure quick justice on settlement of
dues, Lok Adalats (People's Courts) have been set up in some States. These
courts are headed by retired high court judges and two other members. These
small courts are found to be of success in selected pockets. Efforts are continuing
to popularise this arrangement. The judgement of these courts are found to lack
the teeth of a civil court judgement for their enforceability. But these courts have
provided good opportunity to narrow or bridge the differences between the banker
and the defaulter by creating a favourable environment for a settlement and also in
formalising such settlements.
6.3.6
ous that the recovery of RFI dues through the legal process has not been encouraging.
With the introduction of the NPA norms and as the secured NPA loans are
subject to lesser provisions than the unsecured NPA loans, it is essential to look
into the effectiveness of security and legal process towards recovery. There is no
doubt that the laws governing the collaterals need to be improved and the legal
process expedited. It is perhaps essential to start many units of the Revenue Recovery
(RR) procedures in each state. Increasing the efficiency of the RR courts, SDRTs
and making the sale of a mortgaged or hypothecated asset possible without court
intervention are some of the steps that need to be taken in this direction. As more
48
and more RFIs feel the pressure of NPAs such improvements are crucial to the
success of rural financial intermediation.
One of the most important causes hampering the recoveries of NPAs, among
other things is a long-winded and ineffective legal recourse available to RFIs in India. A
legal framework that clearly defines the rights and liabilities of parties to contracts
and provides for a speedy resolution of disputes is essential for efficient financial
intermediation. It is true that existing legal framework is archaic, slow and outright
non-productive as discussed above. It is also not in tune with the changing commercial
practices and banking refonns. Some of the legal acts which were enacted in nineteenth
century and therefore require immediate overhauling are Indian Contract Act 1872,
Transfer of Property Act 1882 and Indian Stamp Act 1899.
It is understood that RBI has already constituted committees for looking into
the necessary amendments to various banking related Acts. Simultaneously, there is
a committee which is looking into the amendments necessary in the plethora of
Acts that affect the collateral and collateral efficiency.
Improvements in the legal process involving collaterals will have no impact
in the case of small loans where the borrowers have no collaterals to offer. It is
here that the propagation of various models of microfinance will be welcome.
6.4
6.4.1
Regarding the law of mortgage, the response has been to enact the
separate enactments by many states to remove difficulties in recovery of loans
and to speed up the process of enforcement and foreclosure. Besides, suggesting
amendments in the various legal Acts, Narasimham Committee II (1998) has
recommended two approaches to recover NPAs and thus, to cleanse the balance
sheet of the banks. They are:
(i)
(ii)
The special tribunals known as debt recovery tribunals (DRT) have been
set up under the DRT Act as mentioned earlier. Recently, Government of India has
approved granting more teeth to DRT act by moving some important amendments.
These relate to empowerment of tribunals to attach property on filing of complaint
of default by the bank. Besides, it also empowers the processing officers to execute
the decree based on a certificate issued by the DRT. These two steps together
would ensure speedy recovery of dues, iron out delays at the DRT end as well as
prompt action without waiting for the venture to go sick.
Some important areas where the support of the GOI/ RBI/ NABARD is
required for improved recovery management are outlined as follows.
i)
ii)
Act, Public Debt Recovery Act etc., for providing recovery assistance
to RFIs.
iii)
6.4.2
to RFI in decision making is expected. RFIs will have to act promptly to benefit from
such freedom in decision making.
For speedy recovery management, decentralisation of decision making
regarding resheduling of loans and repayments due to local events of drought,
floods, etc. should be with regional, zonal or branch managers in the area.
Similarly, decisions regarding compromises and write offs should also be
decentralised to branch level. This decentralisation in terms of decision making is
not limited to just taking decisions at branch level but making branch staff accountable to their decisions. There is also an urgent need to train the bank staff on prudent
decisions making.
Innovative methods of involving panchayats, good non government
organisations (NGOs), self help groups (SHGs), Vikas Volunteer Vahini (VW) farmers'
clubs, etc. for recovery of loans need to be evolved. This is because these local
level institutions - be formal legal entities like panchayats and NGOs or informal
entities like SHGs and \AA/ farmer clubs have the advantage of understanding the
local conditions better. The RFIs could benefit from this advantage if these are
involved in informing and educating the borrowers the benefits of prompt recovery
for continued financial services in a sustainable manner.
RFIs have to involve themselves more in propagating rural technology, rural
51
health etc. to exhibit their concern for rural development for mutual benefit rather
than just the credit alone. It is this feature of credit that has potential to distinguish
RFIs from others, increase their relevance in the rural setting and improve the
recovery climate in rural areas.
It is sincerely hoped that RFIs working in rural India shall be able to manage
recovery to reduce NPAs effectively by adopting suitable preventive and corrective
recovery methods specific to their area and clientele.
6.5
Sum Up
Legal support is critical to effective recovery management. However, the
experience with legal support has not been very encouraging as it has been prolonged,
ineffective and expensive for the RFIs. A legal system that clearly defines the rights
and liabilities of parties to contracts and provides for timely resolution of disputes is
essential for efficient recovery management. Existence of legal framework is one
thing and its enforcement is quite another. Changes are required on both fronts.
Outdated laws need to be changed and laws enacted need to be properly enforced.
It is heartening to note that RBI has already taken initiatives in this direction.
The role of governments (Central and State) is crucial for creating and maintaining proper recovery environment in society. India being a democratic
country, politically motivated but otherwise damaging public announcements like
loan waivers, interest waivers, etc. pollute the recovery environment. Governments
have to learn to respect the professionalism of RFIs and should not interfere in their
business affairs.
In the era of financial reforms involving liberalization and decentralisation in
decision making, it is important that it percolates down to branches of RFIs. Decisions
relating to rescheduling of loans and repayments at branch level due to local conditions
of drought, floods, etc. is an example to illustrate the point. Similarly, decisions
regarding compromises and write offs also need to be decentralised to branch
level. This decentralisation in terms of decision making is not only limited to decision
52
making alone but is about making branch staff accountable to their decisions.
With renewed emphasis on participatory development process, it is relevant
that RFIs involve panchayats, NGOs, SHGs and V W farmer clubs for recovery of
loans. This is a mutually advantageous partnership. These grassroot level institutions have the knowledge about local people and conditions which RFIs do not
have. In return, rural people get financial services on a continuous basis if good
recoveries are effected with involvement of village level institutions.
53
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54