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The impact of SARFAESI Act 2002 in recovering the non performance assets in
public sector banks: A study on recovery in SBI, CBI, CB, BOB and PNB (2008 to
2014)
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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 7 (2016) pp 5218-5224
© Research India Publications. http://www.ripublication.com
as per the RBI data. About one-fifth of bad loans was written Debt Recovery Tribunals (DRTs):
off in 2014-15 as the gross non-performing assets (NPAs) at Debts Recovery Tribunals (DRT) and Debts Recovery
the end of March 2015 rose to Rs 2,67,065 crore. These 27 Appellate Tribunals (DRAT) were constituted under the
banks had written off Rs 34,409 crore in 2013-14 while Rs provisions of the DRT Act for establishment of Tribunals for
27,231 crore in 2012-13. So in aggregate, a staggering Rs 1.14 expeditious adjudication and recovery of debts due to Banks
lakh crore were written off in the last three fiscals. and Financial Institutions and for matters connected therewith.
DRT has also been given the power to adjudicate the
S.No Year Public Sector Banks Amount in Crores applications filed by the Borrower/Mortgagor against the
1 2014-15 State Bank of India 21213.00 action of the Secured Creditor initiated under the
2 2014-15 Punjab National Bank 6587.00 Securitization Act.The Debt Recovery Tribunals have been
3 2014-15 Central Bank of India 1995.00 established in India under an Act of Parliament (act 51 of
4 2014-15 Bank of Baroda 1564.00 1993) for speedy swift recovery of debts due to banks and
5 2014-15 Canara Bank 1472.00 financial institution’s by GOI. The debt recovery tribunal is
also the appellate authority for appeals filed against the
proceedings initiated by secured creditors under SARFAESI
PSU banks have been witnessing a continuous surge in bad Act 2002.
loans. As on September 2015, the gross NPAs of PSBs have
increased to Rs 3, 00,743 crore as against Rs 2.67 lakh crore Corporate Debt Recovery Cell / Restructuring:
in March 2015. The above figures and facts have been The Corporate Debt Restructuring System evolved and
published in “The Hindu” news paper on 8th Feb 2016 proves detailed guidelines issued by Reserve bank of India on August
the performance of public sector banks in the country affects 23, 2001 for implementation by financial institutions and
economic growth and also sheer profitability of the banks. banks.
The major role played in these bad loans’ are from corrupted The Corporate Debt Restructuring (CDR) Mechanism is a
business people, negligent and corrupt bankers, complicit voluntary non-statutory system based on Debtor-Creditor
auditors and loop holes in the laws of banking regulations. Agreement (DCA) and Inter-Creditor Agreement (ICA). The
CDR Mechanism covers only multiple banking accounts,
The Different types of recovery process for NPAs: syndication/consortium accounts, where all banks and
1. One Time Settlement Schemes institutions together have an outstanding aggregate exposure
2. Lok Adalats. of Rs.100 million / 10 lakhs and above. It covers all categories
3. Debt Recovery Tribunal (DRTs) of assets in the books of member-creditors classified in terms
4. SARFAESI Act 2002 of RBI's prudential asset classification standards. Even cases
5. Assets Reconstruction Companies (ARC) filed in Debt Recovery Tribunals/Bureau of Industrial and
6. Corporate Debt Restructuring (CDR) Financial Reconstruction/and other suit-filed cases are eligible
7. Information about the defaulters of loan by RBI for restructuring under CDR. The cases of restructuring of
8. Credit Information Bureau standard and sub-standard class of assets are covered in
Category-I, while cases of doubtful assets are covered under
Among the above various ways to recover measures, the most Category-II.
effective ways practiced for recovering NPAs from defaulters
are SARFAESI ACT 2002 , DRT , Lok Adalats and CDR SARFAESI Act:
are discussed below: The law did little until it discovered the magnamity of NPA’s
impact on the profitability of the bank. SARFAESI ACT was
Lok Adalat: formed in Dec’ 2002 based on recommendations of a)
Lok Adalat has developed in India by Legal Services Committee on Banking Sector reforms (Narasimham
Authorities Act, 1987. Otherwise it is called as "People's Committee Report II) and b) Restructuring of Weak Public
court". Encouraged by Justice P.N. Bhagwati, a former Chief sector Banks (Verma Committee) . This Act aims at speedy
Justice of India. Lok Adalat is a non-adversarial system, recovery of defaulting loans and to reduce the mounting levels
whereby mock courts (called Lok Adalats) are held by the of Non-performing Assets of banks and financial institutions.
State Authority, District Authority, Supreme Court Legal The provisions of the Act enables the banks and financial
Services Committee, High Court Local Services Committee, institutions to realize long-term assets, manage problems of
or Taluk Legal Services Committee.. The first Lok Adalat was liquidity and asset liability disparities and to improve recovery
held on March 14, 1982 in Gujarat. Lok Adalat’s help banks by exercising powers to take possession of securities, sell
to settle the loans by way of compromising between bankers them and reduce non-performing assets by adopting measures
and defaulters of the bad loans through Lok Adalat. Debt for recovery or reconstruction.
Recovery tribunals have been authorized to form the Lok The Act provides three alternative methods for recovery of
Adalat to decide on cases of NPAs of Rs. 10 lakhs and more. non-performing assets,viz;
The systems seemed to be more effective for recovery of Securitization
loans by immediate judgement on the cases referred. Lok Asset Reconstruction
Adalat have been useful for mostly recovery on smaller loans. Enforcement of Security without intervention of the
court
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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 7 (2016) pp 5218-5224
© Research India Publications. http://www.ripublication.com
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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 7 (2016) pp 5218-5224
© Research India Publications. http://www.ripublication.com
frequency distribution of public sector banks by ratio of net SBI, CBI,BOB,CB and PNB. The data used in the present
NPAs to net advances. analysis is confined to the period between the years 2008 to
2014.
Rationale of the Study The data obtained has been analyzed using appropriate
The increase in level of non-performing assets in public sector descriptive and inferential measures specifically testing of
banks alarming the growth and profitability of banking hypothesis.
sectors. RBI have taken many measures to curtail the increase
in level of NPAs in banking sector and implement techniques
to manage the level of growth. Its affects the economic growth Analysis and Interpretations
of the country. Due to increase in NPAs level, the process of
lending also gets pretentious. Proper recovery of loans only Number of Cases of NPAs referred:
will boost the lending and improve the profit growth of the
banks. The implementation of SARFAESI Act 2002, has Year Number of cases Number of cases Number of cases
helped to manage the NPAs level at lower level and it gives referred_Lok referred_DRT referred_
the bankers to breathe free in the recovering process of Adalat SARFAESI Act-
defaulter’s loans without the intervention of court. This study 2002
would try to identify the impact of implementation of 2008- 548308 2004 61760
SARFAESI Act 2002 in Public sector banks like SBI, CBI, 09`
CB, PNB ad BOB. 2009- 778833 6019 78366
10
2010- 616018 12872 118642
Objective 11
The main objective of the paper is to study the measures 2011- 479073 13365 630429
presently followed by Nationalised banks for recovery of 12
NPA’s. It specifically studies and compares the effectiveness 2012- 840691 13408 190537
of recovery methods viz; Lok Adalats, DRT and CDR with 13
SARFAESI Act 2002 . It attempts to study the impact of non- 2013- 1636957 28258 194707
performing assets in nationalised banks in India, and its 14
impact on the economy of the country.
Hypothesis
Ho: There is no incremental growth in the rate of recovery
performance of NPAs in the Public Sector Banks post
implementation of SARFAESI ACT 2002 with reference to
the banks taken for study.
H1:. There is incremental growth in the rate of recovery
performance of NPAs in the Public Sector Banks post
implementation of SARFAESI ACT 2002 with reference to
the banks taken for study.
Ho: There is no significant difference in the cases referred to
recovery channels with reference to the banks taken for study.
H1: There is significant difference in the cases referred to
recovery channels with reference to the banks taken for study .
Dependent Variable: Total Cases Referred
Research Methodology
Source Type III Sum of Squares df Mean Square F Sig.
The method of study adopted in this paper follows a mixed Model 4273131439059.501a 3 1424377146353.167 18.966 .000
approach comprising the qualitative analysis as well as the Act 4273131439059.499 3 1424377146353.166 18.966 .000
quantitative analysis of the data collected from annual report Error 1126519943669.500 15 75101329577.967
of “Reserve Bank of India” publication including “Trend & Total 5399651382729.000 18
Progress of banking in India”, statistical tables related to
banks in India. For qualitative analysis the guidelines issued
by RBI effective to the period of study, articles and papers This is the table that shows the output of the ANOVA analysis
published in different business journals, magazines, and whether it is statistically significant difference between
newspaper, periodicals were studied and data available the cases referred to Lok Adalat, DRT and SARFAESI Act
through credible sources on NPAs recovery and causes have 2002. It is found that the significant level is .000 (p = .000) ,
also been used for analysis. which is below .05 and hence therefore there is statistically
The present study has been conducted to identify and confirm significant difference in terms of average cases referred to
the recovery aspects made in 5 major public sector banks of
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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 7 (2016) pp 5218-5224
© Research India Publications. http://www.ripublication.com
Lok Adalat, DRT and SARFAESI Act 2002. Since, P < .05-It Dependent Variable: Percentage of Recovery
denotes that there is a statistically significant difference in
terms of average cases referred. Source Type III Sum df Mean F Sig.
of Squares Square
(I) Act (J) Act Mean Std. Error Sig.
Difference Model 10886.629a 3 3628.876 14.823 .000
(I-J) Act 10886.629 3 3628.876 14.823 .000
Lok Adalat DRT 803992.333 158220.6577 .00
3* 1 0 Error 3672.158 15 244.811
SARFASI_200 604239.833 158220.6577 .00 Total 14558.787 18
2 3* 1 4
DRT Lok Adalat - 158220.6577 .00
803992.333 1 0
3* This is the table that shows the output of the ANOVA analysis
SARFASI_200 - 158220.6577 .43 and whether it is statistically significant difference between
2 199752.500 1 7 the percentage of recovery through various channels, Lok
0 Adalat, DRT and SARFAESI Act 2002. It is found that the
SARFASI_200 Lok Adalat - 158220.6577 .00 significant level is .000 (p = .000) , which is below .05 and
2 604239.833 1 4 hence therefore there is statistically significant difference in
3* terms of percentage of recovery through various channels,
DRT 199752.500 158220.6577 .43 Lok Adalat, DRT and SARFAESI Act 2002. Since P < .05, it
0 1 7 means there is a statistically significant difference between the
*. The mean difference is significant at the 0.05 level. There is percentages of recovery in terms of Lok Adalat with DRT,
a statistically significant difference between groups by one- Hence H1 is accepted..
way ANOVA. Here, also we have observe that in reference to
DRT and SARFAESI act the “P” value is > .05, that is .437, it
means there is no statistical significant difference in the Multiple Comparisons
average cases referred in DRT and SARFAESI Act. Hence Ho
is accepted. Dependent Variable: Percentage of Recovery
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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 7 (2016) pp 5218-5224
© Research India Publications. http://www.ripublication.com
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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 7 (2016) pp 5218-5224
© Research India Publications. http://www.ripublication.com
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