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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)

Article  in  International Journal of Applied Engineering Research · November 2016

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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

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)

Mrs. Chandra Shaardha


Research Scholar, SRM University, Delhi NCR Campus,
Modinagar-Ghaziabad Uttar Pradesh-201204, India.

Dr. Ajay Jain


Assistant Professor, Guide SRM University, Delhi NCR Campus,
Modinagar-Ghaziabad Uttar Pradesh-201204, India.

Abstract: banking performance. Banks are the backbone for the


The banking sector in India is in a crisis with the increase in development and economic growth of the country. The
burden of bad loans provisioning and the decline in banking performance has been categorized by the percentage
profitability of commercial sector banks particularly Public level Non performance assets as it is the indicator for the
sector banks. “Bankers are the heart and soul of any business. profit measurement for the banking industry. The Banking
The economy of the country also mostly depends on the sector has come across turmoil’s to recover the bad debts from
functioning of banking institutions. As per RBI Statistics, the borrowers. These not only impact badly on a banks
annual growth of bank credit in India, which had crossed 30% account but also adversely impact the national economy. To
in the boom years of 2004-2007, has declined to 9.7% in reduce the NPA level, the assets have to be recovered and
2014-15 and further to 9.4% in the first half of 2015-16. The restructured properly. These procedures require more
decline in credit growth has affect the profitability of legislation to accelerate the process.
scheduled commercial banks, with public sector banks The normal process of recovery of NPAs from borrowers was
suffering the most in this profit wring. to get a decree before Civil Court, both banks and borrowers
A breather in the form of SARFAESI ACT 2002 was have to file the suit before a Civil court. Notice issue and after
introduced by the recommendation of Narasimham trial, the court pass an order of Decree. Then, decree again
Committee II has been instrumental to recover the identified challenged by means of appeal to Supreme Court and to
NPA without intervention of the court. It allows the bank to finalize the judgment it takes nearly between 5 years to 20
recover the loan by acquiring / possessing the financial assets years. After the decree was passed by appellate court the same
pledged or mortgaged with the bankers at the time of availing would be put into execution by filing E.P. The Execution
of loans by borrowers. This paper attempts to study the Court after service of notice would bring the property of the
process and effect of SARFASEI Act 2002 and its impact in debtor/guarantor for sale through auction. Even there would
recovering the non-performing assets in public sector banks in be possibility of dismissal of suit also and certainty was not
India. To ascertain the recovery process of SARFAESI Act there to recover the NPAs from borrower.
with the other recovery methods adopted viz; Lok Adalats, To make the systems easier for the recovery of the loans or
DRT and CDR in chosen public sector banks . The study has NPAs from the defaulters, Narasimham Committee II
been made to find out the percentage of recovery made in recommended the formation of SARFAESI Act 2002, where
SARFAESI Act 2002 in compare with Lok Adalat and DRT the NPAs could be recovered from the defaulter without
and also to identify the number of cases referred to the Lok intervention of court by possessing the assets of the
Adalat , DRT & SARFAESI Act 2002 with respect to the borrowers. The bankers could sell the possessed assets to
banks State Bank of India, Canara Bank, Central Bank of ARC or restructured as the case may be.
India, Bank of Baroda and Punjab National Bank taken for the The latest write off of bad loans to the tune of Rs. 1.14 lakh
study. crores during 2012-15 by bankers shaken not only
profitability’s, also the economic and GDP growth of the
Key words: SARFAESI Act 2002, NPA, Recovery, Lending, country.
DRT, Lok Adalat , Narsimham Committee. An enormous amount of Rs 1.14 lakh crore of bad loans
(NPAs) have been written off by 27 public sector banks
(PSBs) during FY 2012-15, with the last fiscal alone
Introduction witnessing a sharp 53% increase in write-offs as part of the
Non-Performing Assets (NPA)-a defaulted credit facility-is an balance sheet clean-up. For the fiscal ended March 2015,
important factor to identify the performance and strength of public sector banks have written off loans amounting to Rs
the banks. NPAs is one of the bench mark to value the 52,542 crore, an increase of 52.6 % over the previous fiscal,

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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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Securitization: Management Companies (AMCs) to clean up its balance


Securitization implies the issue of security receipt by raising sheet. For preventing fresh NPAs, the bank itself should
of funds or receipts by SCs / ARCs. The Securitization adopt proper policies.
company or Reconstruction company raises from the
Qualified Institutional Borrowers (QIBs) by way of schemes Balasubramaniam C.S.(2012) in his paper “Non
to acquire funds. They have to maintain proper book of Performing Assets and Profitability of Commercial
accounts separately for each and every acquiring assets on the Banks In India: Assessment and Emerging Issues”,
investments made by QIBs. Qualified Institutional Buyers are assumes significance with the proposal by RBI to introduce
those who have expertise and sound knowledge to evaluate Basel III norms in the banking sector from January 2013.
and make their investment in the Capital Markets. Basel III framework of guidelines formulated by Bank for
International Settlements (BIS) in consultation with central
Assets Reconstruction: banks operating in a number of countries all over the world
Assets Reconstruction companies buy the NPAs from Banks expect the participating banks in their respective economies to
and take measures to recover the bad loans amount from the be following healthy financial and operational management
borrowers and also empower with, policies. The paper is divided in four parts. The first part
 Proper Management of the borrower business, brings out a discussion on the concept of NPA in the
 Change of management in the business context of identification and control procedures, impact of
 Take Over NPA on profitability and financial soundness of banks in
 Sale or lease , general. The second part presents a trend analysis of NPAs
 Restructuring the business of the borrower, followed by a series of in depth analyses on the high level of
 Rescheduling of the repayments of debts payable by the borrowings from banking sector indicating a buildup of
borrower , sectoral credit booms in general and also raising concerns
about financial performance and operations of the borrowers.
 Possession of Secured assets.
The third part dwells on the impact of restructuring of
 RBI permitted ARCs to convert the debt / outstanding
advances by banks on the basis of asset classification. Finally,
loans of borrowers in to “ Equities” as a functional
certain issues and perspectives/ challenges on the
process of restructurings the loan amount of NPAs.
performance of banking sector and financial stability of the
 Shareholding shall not exceed 26% of the post converted
economy emerge as conclusion.
Debt Equity as a reconstruction.
 The companies under equity reconstruction, as a part of Rani Chanchal (2013)-International Journal of Research
Enforcement of Security interest, the permission given in Economics and Social Sciences-Evaluation of various
by Secured Creditors holding should not be less than techniques used by the public sector banks for the
60% of the amount outstanding to a borrower as against management of non performing assets (NPAs)-was
75% as on date. undertaken a study to know the impact of securitisation
 The amount recovered through this process will used by legislation in the management of NPAs in selected
ARCs, to reconstruct the company’s management. financial institutions. To attain this target following banking
institutions operating at their local, regional and zonal levels
Enforcement of Security Assets: have been approached to provide the requisite data and
The Act provides notwithstanding anything contained in the information. The study reveals that the NPAs have not only
Registration Act 1908, for the enforcement of Security affected the profitability and productivity of the banks and
Interest without Court Intervention. 1) any security receipt financial institutions, but also put a stigma on the image of
issued by SC / ARC, under sec 7 of the Act, and not creating, Indian banking and a drain on the very value system of the
declaring, assigning, any right, or title or interest to or society.
immovable property except in so far as it entitles the holder of
the registered instrument, or 2) any transfer of security Samir and Deepa Kamra (2013) in their paper “A
receipts, shall not require compulsory registration. Comparative Analysis of Non-Performing Assets (NPAs)
of Selected Commercial Banks in India” analyse the
position of NPAs in selected banks namely State Bank of
Review of the Literature India (SBI), Punjab National Bank (PNB) and Central Bank
Gurumoorthy T.R. AND Sufha B, (2012) “Non- of India (CBI).It also highlights the policies pursued by the
Performing Assets (A Study With Reference To Public banks to tackle the NPAs and suggests a multi-pronged
Sector Banks)”,analyzes the classification of loan assets in strategy for speedy recovery of NPAs in banking sector.
PSBs, composition of NPAs in different sectors and NPAs The study spans the period starting from FY1996-1997 to
position in PSBs. In this study, it is observed that PSBs FY2009-2010. The authors analyze the trends in NPAs in
exercised stringent control measures to reduce the level of terms of values, gross and net NPAs as a percentage of gross
NPAs. The author concludes that Non-Performing Assets advances and net advances, gross and net NPAs as a
may not turn banks into Non-Performing Banks; instead percentage of Total Assets respectively. The paper details
steps should be taken to convert Non-Performing Assets into about the sector-wise classification of NPAs, reasons for
Now-Performing Assets. As far as old NPAs are concerned, a their occurrence, the effects of NPAs on banks, and
bank can remove it on its own or sell the assets to Asset

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International Journal of Applied Engineering Research ISSN 0973-4562 Volume 11, Number 7 (2016) pp 5218-5224
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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

(I) Act (J) Act Mean Std. Sig. 95% Confidence


Difference Error Interval
Amount Recovered through Various Channel: (I-J)
Lower Upper
% of Recovery % of % of Recovery Bound Bound
Year
Lok Adalat Recovery DRT SARFAESI Act-2002 Lok Adalat DRT -25.10* 9.033 .035 -48.57 -1.64
2008-09` 2.4% 81.10% 33% *
2009-10 1.50% 32% 30% SARFASI_2002 -24.40 9.033 .041 -47.87 -.94
2010-11 2.87% 27.89% 37.78% DRT Lok Adalat 25.10* 9.033 .035 1.64 48.57
2011-12 11.80% 17% 23.60% SARFASI_2002 .70 9.033 .997 -22.76 24.17
2012-13 6.10% 14% 27.10%
*
2013-14 6.20% 9.50% 25.80% SARFASI_2002 Lok Adalat 24.40 9.033 .041 .94 47.87
DRT -.70 9.033 .997 -24.17 22.76
Based on observed means. The error term is Mean Square
(Error) = 244.811. *. The mean difference is significant at the
0.05 level.

From the results, it is found that there are significant


differences between the groups as a whole. The above table
Multiple Comparisons shows which is differed from others.
The Tukey HSD post-hoc test is used to observe the means of
the percentage recovery of NPAs through Lok Addalat, DRT
& SARFAESI Act 2002. The p value is .997 both with DDRT
& SARFAESI Act 2002. Since, here P > .05, that means there
is no statistical significant difference between DRT &
SARFAESI Act in respect of average % of recovery with
respect to banks under study. Hence H0 is accepted.

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Act 2002 and DRT does not have larger variations of


recovering the amount in NPAs. Lok Adalats function by
amicably settling disputes that are pending in a court of law or
at a pre-litigation stage. According to RBI guidelines, banks
can use Lok Adalats to recover loans upto Rs 20 lakh.
Additionally, cases of cheque bouncing as well as motor
insurance disputes are also understood to have been taken up.
Of these, while the SARFESI Act helped recover 80 per cent
of the amount, the lion's share of number of cases were
referred to the Lok Adalat.
The government has to take more effective measures to
constraint the increasing level of NPAs in public sector by
forming strict regulations in the systems. Bankers have to be
trained to recover the loans in a systematic way before it turns
to NPAs category. By proper follow-up, good rapport, having
continuous watching on the movement of borrowers stocks
and assets, proper identification and classification of assets
etc.
The latest recovery proceedings against the Kingfisher
Conclusion Airlines, Mr. Vijay Mallya, towards the recovery of total
Revolutionary Changes have been made in the Indian Banking outstanding Rs. 10000 crores ,NPA, DRT (Debt Recovery
Sector after the liberalization and globalization emerged in the Tribunal) restrained from getting Rs. 515 crores that he
year 1991. The reforms were like interest rate regulation, received from the sale of the spirits business to Diageo Plc
reducing of reserve, prudential norms etc. The Indian banking shows that the government is very much keen to recover the
sectors was facing with more than Rs. 90000 crores in NPAs NPAs by utilizing the available recovery channels like DRT
and banks were running under loss of profit due to provisions. and SARFAESI Act 2002.
Prior to 1991, the legal process to recover the bad loans was The Kingfisher Airlines, Mr. Vijay Mallya has been identified
tiresome, since it takes several years legal civil proceedings as ‘ Wilful Defaulters’ by the bankers like State Bank of
for getting decree. India, United Bank and others.
Indian Banks improved their business and technology to meet It shows that recoveries in NPAs are made easier by the
the requirement of the customers at ease and made the amendments of SARFAESI Act 2002 and open the door for
banking systems as friendly user. Though, there is a progress, the bankers to recover their overdue amounts which is been
bankers are struggling (particularly Public Sector banks) to identified as non performing assets in their books of accounts.
reduce their NPAs level to maintain the stability and
profitability in the business.
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[6] Ramesh.K.V, Sudhakar.A, “NPA Management in


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