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STRUCTURE OF INDIAN BANKING INDUSTRY
The banking system, largely, comprises of scheduled banks
(banks that are listed under the Second Schedule of the RBI
Act, 1934). Unscheduled banks form a very small component
(function in the form of Local Area Bank). Scheduled banks are
further classified into commercial and cooperative banks, with
the basic difference in their holding pattern.Societies Act and
work according to the cooperative principles of mutual
assistance.
LAWS AND RIGHTS OF BANKS :
Bank of Rajasthan A leading private sector bank, the Bank of Rajasthan was
founded on the auspicious day of Akshya Tritiya on May 8, 1943, at Udaipur.
Shri Rai Bahadur P.C. Chatterji, then the finance minister of the erstwhile
Mewar Government, extensively contributed towards the establishment of the
Bank.
Catholic Syrian Bank With the Swadeshi Movement of early 20th century as
its base, Catholic Syrian Bank was incorporated on 26th November 1920, in the
Thrissur district of Kerala. The bank commenced its operations on 1st January
1921, with an authorized capital of ` 5 lakhs and a paid up capital of ` 45270.
Federal Bank Federal Bank Limited was founded as Travancore Federal Bank
Limited in the year 1931, with an authorized capital of ` 5000. It was
established at Nedumpuram, a place near Tiruvalla, in Central Travancore (a
princely state later merged into Kerala), under Travancore Company's Act.
ING Vysya Bank ING Vysya Bank Ltd came into being in October 2002, when
erstwhile Vysya Bank Ltd was merged with ING, a global financial powerhouse
boasting of Dutch origin. Vysya Bank Ltd, one of initial banks to be set up in
the private sector of India.
Jammu & Kashmir Bank The origin of Jammu and Kashmir Bank Limited,
more commonly referred to as J&K Bank, can be traced back to the year 1938,
when it was established as the first state-owned bank in India. The bank was
incorporated on 1st October 1938 and it was in the following year (more
precisely on 4th July 1939) that it commenced its business, in Kashmir (India).
Karur Vysya Bank The Karur Vysya Bank Limited commonly known as KVB was
set up by Late Shri M.A. Venkatarama Chettiar and the Late Shri Athi Krishna
Chettiar, the two great visionaries in 1916 in Karur, a textile town in the Tamil
Nadu state of India.
Kotak Mahindra Bank Kotak Mahindra Bank is one of India's leading financial
private banking institutions. It offers banking solutions that covers almost
every sphere of life. Some of its financial services include commercial banking,
stock broking, mutual funds, life insurance and investment banking.
UTI Bank Axis Bank was formed as UTI when it was incorporated in 1994
when Government of India allowed private players in the banking sector. The
bank was sponsored together by the administrator of the specified undertaking
of the Unit Trust of India, Life Insurance Corporation of India (LIC) and
General Insurance Corporation ltd.
YES Bank Yes Bank is one of the top most private Indian banks. Awarded by
the only Greenfield license award by RBI in last 14 years, this bank is
established and run by Rana Kapoor and Ashok Kapoor with the financial
support of Rabo bank Netherland, the world's single AAA rated private Bank.
For the purpose of assessment of performance of banks, the Reserve Bank of
India categories them as follows.
IMPORTANCE OF PRIVATE SECTOR IN INDIAN
ECONOMY
The importance of private sector in Indian economy over the last 15 years has
been tremendous. The opening up of Indian economy has led to free inflow of
foreign direct investment (FDI) along with modern cutting edge technology,
which increased the importance of private sector in Indian economy
considerably. Previously, the Indian markets were ruled by the government
enterprises but the scene in Indian market has changed as soon as the markets
were opened for investments. This saw the rise of the Indian private sector
companies, which prioritized customer's need and speedy service. This further
fueled competition amongst same industry players and even in government
organizations. The post 1990 era witnessed total investment in favor of Indian
private sector. The investment quantum grew from 56% in the first half of
1990 to 71 % in the second half of 1990. This trend of investment continued
for over a considerable period of time. These investments were especially
made in sector like financial services, transport and social services. The late
1990‟s and the period thereafter witnessed investments in sector like
manufacturing, infrastructure, agriculture products and most importantly in
Information technology and telecommunication. The present trend shows a
marked increase in investment in areas covering pharmaceutical,
biotechnology, semiconductor, contract research and product research and
development. The importance of private sector in Indian economy has been
very commendable in generating employment and thus eliminating poverty.
Further, it also effected the following: Increased quality of life Increased
access to essential items Increased production opportunities Lowered
prices of essential items Increased value of human capital Improved social
life of the middle class Indian Decreased the percentage of people living
below the poverty line in India Changed the age old perception of poor
agriculture based country to a rising manufacturing based country Effected
increased research and development activity and spending Effected better
higher education facilities especially in technical fields
Ensured fair competition amongst market players 61
Dissolved the concept of monopoly and thus neutralized market
manipulation practices. The importance of private sector in Indian economy
can be witnessed from the tremendous growth of Indian BPOs, Indian software
companies, Indian private banks and financial service companies. The
manufacturing industry of India is flooded with private Indian companies and
in fact they dominate the said industry. Manufacturing companies covering
sectors like automobile, chemicals, textiles, agro-foods, computer hardware,
telecommunication equipment, and petrochemical products were the main
drive of growth. The Indian BPO sector is more concentrated with rendering
services to overseas clients. The KPO sector is engaged in delivering knowledge
based high-end services to clients. It is estimated, that out of the total US $ 15
billion KPO service business around US $ 12 billion of business would be
outsourced to India by the end of 2010.
DEVELOPMENTS AND REASONS FOR THE GROWTH OF THE PRIVATE
BANKS
Everyone knows public sector banks are less profitable, more prone to political
influence and have higher ratios of non-performing assets (NPAs) than their
private sector counterparts. In contrast, new private sector banks, set up post
1991, are media and stock market darlings. Most analysts tend not to mention
that public sector banks carry the main burden of the government’s
developmental policies — from rural lending to infrastructural development
and now the Jan Dhan Yojana. Rather, the private sector’s better profits are
taken as a sign of superior management.
Government banks are rightly criticised for their poor credit management and
corruption. But who remembers the private banks that faltered and were
merged with other banks? Global Trust Bank, established in 1994, was involved
in the 2001 Ketan Parikh-managed stock scam that resulted in losses of Rs
1,000 crores. These were finally borne by the majority government-owned
Oriental Bank of Commerce in 2004. Other banks like Times Bank, Centurion
Bank and Bank of Punjab were ultimately merged with HDFC Bank as their
promoters lost interest or ran into difficulties.
The new private sector banks pride themselves on their low reported NPAs and
attribute this to their superior credit skills. As in the normal course of business,
banking secrecy laws do not permit the disclosure of clients, the reported NPAs
are the only public indicator of the bank’s credit risk management. However in
2013, Deccan Chronicle Holdings became a celebrity fraud case and the
banking industry’s exposure was made public. Interestingly, in this high risk
company, as compared to Canara Bank’s Rs Rs 347 crores and IDBI Bank’s Rs
263 crores exposure, ICICI Bank had Rs490 crores, Axis Bank Rs400 crores, Yes
Bank Rs194 crores and Indusind Bank and Kotak Bank Rs100 crores each. In
this particular case, not only did new private sector banks have exposures but
two of them had lent the highest to the company.
Nevertheless, the Reserve Bank of India merely fined 25 banks on the lesser
charge of not complying with Know Your Client (KYC) norms: Axis Bank and
HDFC Bank were fined the most, at Rs 5 crores and Rs 4.5 crores respectively,
while government banks like State Bank of India, Canara Bank, Bank of Baroda,
Indian Overseas Bank and Bank of India were each fined Rs3 crores. The
quantum of fines suggests the problem was more severe in Axis and HDFC
Banks as compared with the government banks, most of whom have a much
larger branch network than the private sector banks. The banks happily paid
the trivial fines, while the senior management of the implicated banks were
not held responsible by the regulator despite the online videos revealing that
the problem was systemic and not the work of rogue employees.
DLF’s accomplices
Let alone journalistic exposes, even findings of other regulatory bodies do not
seem to carry weight with the RBI. The Securities and Exchange Board of India
(SEBI) order of October 2014 found the real estate giant DLF to have engaged
in “sham transactions” to “camouflage the association of DLF with its three
subsidiaries.” SEBI found the company guilty of “active and material
suppression of material information to defraud and mislead investors.” DLF
appealed the order; but what is of interest here is what SEBI said of Kotak
Bank. Kotak Bank gave personal unsecured loans to the key management
personnel (KMP) of DLF, who in turn gave loans to their spouses; they in turn
bought out the shareholdings of DLF in its subsidiaries. As a result of these
sham transactions, the three subsidiaries of DLF were no longer reported as
subsidiaries — the ownership had changed hands, to the wives of the KMP of
DLF.
The SEBI order revealed a similar pattern for 355 DLF subsidiaries, although it
did not say who financed the transactions. While Kotak Bank provided the
personal loans, its subsidiary, Kotak Mahindra Capital Company, was a part of a
consortium of eight lead investment bankers for the DLF initial public offering.
The offer certified that these 355 entities owned by wives of KMP of DLF were
not DLF subsidiaries. Strangely, since the SEBI order, the RBI and SEBI do not
appear to be concerned that a commercial bank is facilitating financial
transactions to disguise the ownership of subsidiaries; nor that the bank’s
investment banking subsidiary is introducing such companies to the capital
market. Since the SEBI order, there has been no news that the regulators have
penalised Kotak Bank or Kotak Capital, or that Kotak Bank employees involved
in the sham transactions have been disciplined.
The new private sector banks report significantly higher fee income than
government banks. A part of it can be explained by their selling of third party
products like insurance. However, the Cobrapost expose and the SEBI order on
DLF provide a possible insight on the business model of these banks and the
drivers of their profitability. The normal banking customer, being cost
conscious, would be reluctant to pay fees, but those engaging in questionable
activities would pay handsomely to disguise their activity. The media and the
vast tribe of analysts appear disinterested in probing the sources of the high
fee income of new private sector banks. While banks publicly claim to maintain
the “highest standards of integrity” the Cobrapost online videos and the SEBI
order on DLF depict otherwise, and the onus is on the regulator to crack down
on such practices.
The divergent performance of the Indian banking sector was reflected in the
fourth quarter (Q4 FY2015) earnings: 11 private sector banks posted a robust
35 per cent rise in net profits while 10 government banks declared a 59 per
cent fall in net profits. (Business Standard, May 14, 2015) No doubt private
banks are more profitable but exactly how are private banks doing so well,
when the economy is not?
If the business media and analysts were to probe deeper, they would detect
some highly questionable practices adopted by some private sector banks in
reporting low poor quality loans.
Ever-greening loans
The practice of lending a defaulting borrower more money, so that the loan
does not have to be classified as non-performing, is called ‘ever-greening’.
However, such practices could be noticed by the regulator during onsite
inspection, so certain private sector banks adopt another innovative practice:
when a promoter-controlled company is about to default on a loan, the bank
provides a loan to another company managed by the same promoter which in
turn lends the funds to the company which was about to default. The company
is able to service its loan, and the bank can continue to claim the debt is not
bad.
Private sector banks having foreign branches have used dubious methods to
keep loans standard. In the case of a prominent infrastructure company which
was awarded a large foreign contract, the loan was financed by a private sector
bank’s Singapore branch. When the company was about to default on its loan,
the bank extended a further loan from its Dubai branch, the proceeds of which
were used to service the Singapore branch loan. Since different foreign
destinations and regulators were involved it escaped the notice of regulators.
However, the problem has become so extensive that the Monetary Authority
of Singapore reportedly instructed Indian banks operating in Singapore to
desist from financing Indian companies.
While even government banks resort to “ever greening” to report lower non-
performing loans, it is undertaken by select individuals and done on a much
lower scale. In certain private sector banks, however, it appears to be systemic.
The absence of the Central Vigilance Commission, a compliant board of
directors and the existence of lucrative performance incentives in private
sector banks (in the form of increments, bonuses and disproportionate stock
options granted to senior management) encourage such practices.
The RBI also lends a helping hand in allowing banks to report higher profits.
ICICI Bank in 4QFY2015 reported a net profit growth of 10 per cent to Rs 2,922
crores but a note to accounts stated that with the regulator’s permission the
bank had reversed Rs 929 crores of interest income till FY2008 as a direct
deduction from reserves (in a single quarter as against RBI allowing it over
three quarters) instead of reducing the profit in 4QFY2015. If the RBI had not
given this largesse, ICICI Bank’s 4QFY2015 net profits would have declined
instead of the rise it reported. The regulator apparently did not seem to mind
that the bank had inflated its income, yield on credit, net interest margin
(interest income less interest expenditure/average interest earnings assets)
and profits till FY2008 and that it is disclosed to shareholders and the public
after six long years.
The media may be excused for their softness towards private banks; not only
are the latter big advertisers, but some media houses have stakes in themwhile
promoters of banks have also stakes in media houses. More puzzling is the
regulator’s feather-touch approach which permits these banks to continue to
do business as usual.
GEOGRAPHICAL DISTRIBUTION
The private banks started from the metropolitan cities. After growth in metros,
the private sector banks are expanding their network into urban, semi urban,
and rural areas. Table shows the network spread of private banks in different
types of population group. Private Banks are not just concentrated in metros
but they have started making inroads into the rural market as well. The semi
urban areas have benefitted significantly from the presence of private sector
banks. 30% of the branches of private banks are in semi urban areas.