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Module 1 Indian Financial System and Cooperative Credit Structure
Module 1 Indian Financial System and Cooperative Credit Structure
2022
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Table of Contents
This book is meant for educational and learning purposes. The author of the
book has taken all reasonable care to ensure that the contents of the book do
not violate any existing copyright or other intellectual property rights of any
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references have been given.
Unit 1: Indian Economy
1.1.1 Objective
1.1.2 Introduction
1.1.3 Economic Scenario
1.1.3.1 Agriculture
1.1.3.2 Research and Development
1.1.3.3 Industry
1.1.3.4 Services
1.1.3.5 Employment
1.1.4 Mixed Economy
1.1.5 Let Us Sum Up
1.1.6 Keywords
1.1.7 Check your Progress-questions
1.1.8 Terminal Questions
1.1.9 References for further reading
1
Objective
Introduction
The economic scenario of our country today is not just of current making; it
has its roots steeped in the past history, especially in the period when India
was under British rule which lasted for almost two centuries before India
became independent in 1947. Under the British rule, policies of the
government were concerned more with the protection and promotion of British
economic interests than with the need to develop the economic condition of
Indian people. Cambridge historian Angus Maddison’s work1 shows that
India’s share of world income shrank from 22.6% in the year 1700-when it
was the world’s the biggest economy—almost equal to Europe’s share of
23.3%—to 3.8% in 1952.
At the time of independence, the country was suffering from abject poverty
and other features of underdeveloped economy. Our Government started
efforts on all fronts (agriculture, industry, infrastructure, health, education,
etc.) immediately after independence but it took time for results to show and
the growth rate of the economy continued at low rate ranging from 3 to 4% in
the three decades after independence till the 1980s. Since the mid-1980s,
India slowly opened up its markets through economic liberalization.
1
Maddison, Angus (2007). Contours of the World Economy 1–2030 AD: Essays in Macro-Economic History.
Oxford University Press. p. 379. ISBN 978-0-191-64758-1
2
The year 2020-21 and year 2021-22 are affected adversely due to the
pandemic of COVID-19. In the year 2020-21 the estimated growth rate as per
the Economic Survey is (-) 7.9% - an extent of economic contraction never
seen in the country after independence. However in view of recovery after the
pandemic, the GDP growth rate stands 8.7%% during 2021-22.
It may be observed from Table 1.1 that, the share of primary sector
(agriculture, forestry and fisheries) was over 59% in 1950-51 (around
independence) but due to various factors, the share declined over the period
and was 16.38% in 2020-21. On the other hand, the share of industries and
services in Indian economy have reached 29.34% and 54.27% respectively in
2020-21.
2
GOI(2019) Agricultural Statistics at a Glance 2019, Table 2.3
3
India is celebrating the 75th anniversary of its independence as AZADI KA
AMRIT MAHOTSAVA in 2022 and for this purpose a detailed strategy has been
prepared by NITI Ayog for meeting the rising aspirations of our young
population especially by achieving and sustaining a high rate of GDP growth
for the next three decades.
Agriculture
It may be observed from the above table that India now is among top three
producers of major agricultural and allied products.
4
of independence, productivity in the agricultural sector in India was low
because of the use of old technology, the absence of required infrastructure
for the majority of farmers and critical dependence on monsoon for rains.
These issues were tried to be addressed by the great achievement of “Green
revolution” which started in 1960s. “Green revolution” refers to the large
increase in production of food grains resulting from the use of the technology
comprising of high yielding variety (HYV) seeds especially for wheat and rice.
The use of these seeds required application of inputs viz., the fertilizer,
pesticide and water for irrigation in correct proportions. The Green Revolution
enabled India to achieve self-sufficiency in food grains and improve
productivity. This was further supported with the special emphasis placed on
agriculture in the five-year plans and steady improvements in irrigation,
technology, application of modern agricultural practices, provision of
agricultural credit and several other promotional efforts to help agriculture in
general and small farmers in particular.
5
1.1.5 Industry
1.1.6 Services
6
innovative products getting added every day, the share of services will
continue to increase in our country as well.
1.1.7 Employment
The basic approach of the mixed economy is that both the public sectors
(Government owned enterprises) and the private sectors (privately owned
enterprises) co-exist – complementing as well as competing with each other.
At times, the public sector, due to the resources at its command, is expected
3
World Bank (2021) https://data.worldbank.org/indicator/SL.UEM.TOTL.ZS?locations=IN (accessed on 10.6.21)
7
to be the leader and initiator for stimulating a sector or set of businesses. The
markets remain the dominant form of economic coordination. Profit-seeking
enterprises and the accumulation of capital would be the fundamental driving
force behind economic activity. However, the government would wield
considerable indirect influence over the economy through fiscal and monetary
policies designed to counteract economic downturns and capitalism's
tendency toward financial crises and unemployment, along with playing a role
in interventions that promote social welfare. Further, some mixed economies
have expanded in scope to include a role for indicative economic planning
and/or large public enterprise sectors.
With LPG reforms in place and the needs of private sector support being
unavoidable, the concept of mixed economy has to continue with more and
more participation of private sector. It appears that extensive privatization
may not be the answer in each and every sector. At the same time, the public
sector cannot handle all the developmental activities. Therefore the mixed
economy model is expected to continue for long time to come.
8
1.1.9 Let us sum up
At the time of independence in 1947, India was suffering from poverty and
other features of underdevelopment but over the years with our model of
‘Mixed economy’, we have achieved considerable progress especially after
‘Green revolution’ and the ‘LPG’. Now India has become the fifth largest
economy in the world besides being among the top producers of many
agricultural commodities. The sectoral changes in the economy also indicate
the robust developments in agriculture, industry and services. Though, as a
country we have a long way to go to ensure high quality of life for all the
citizens and the journey is full of challenges (including the pandemic currently
underway), India has demonstrated its capacity to overcome and make good
progress in the years ahead.
1.1.10 Keywords
1. Before British rule, in the 1700s, India’s economy was the world’s
largest economy.
2. ‘LPG’ was a major reform initiative of India in 1990s.
3. Agriculture contributed 63% to India’s GDP in 2020-21
4. Mixed economy is an economic system in which both the state and
private sector contribute to the economy, reflecting characteristics of
both market economies and planned economies
5. RBI policies about agricultural credit have no impact on credit flow for
agriculture.
6. Unemployment and under employment would always come in the way
of economic development.
7. Among the broad sectors of economy, at present the contribution of
Agriculture Sector is the highest to the GDP of India.
Key to questions
9
1. True 2. True 3. False 4. True 5. False 6. True 07.
False
d. All of these
a. True
b. False
3. Post Liberalization era paved way for new industries in various sectors
to emerge in our country.
a. True
b. False
a. 75%
10
b. 50%
c. 33%
d. 16%.
a. Agriculture
b. Industries
c. Services
a. Increased
b. Decreased
d. Remained constant
a. 100%
b. 75%
c. 50%
d. 25%
10. India is top most producer of which of the following items in the world?
a. Wheat
11
b. Rice
c. Milk
01. (d) 02. (b) 03. (a) 04. (c) 05. (d) 06. (c) 07. (b) 08. (c) 09. (b)
12
NABARD (2020) Annual Report
Gaurav Datt and Ashwani Mahajan (2015) Datt and Sundharam’s Indian
Economy, 71st Edition
*****
13
1.2.1 Objective
1.2.2 Introduction
1.2.3 The Five Year Plans and Rationale for setting up NITI Aayog
The Five-Year Plans (FYPs) were centralised economic and social growth
programmes on the pattern of similar plans of the erstwhile USSR. In India,
the Planning Commission was set up in 1950 and the first Five Year Plan was
launched in 1951. The idea was to plan public spending for equitable growth
rather than leaving expenditure to the market forces. The last plan was 12th
Five Year Plan for the years 2012 to 2017. However, with the change in the
government in the year 2014, the Planning Commission was replaced with the
new idea of NITI (National Institution for Transforming India) Aayog in 2015.
The rationale for setting up NITI Aayog was as follows: For a long time, there
had been a feeling that for a country as diverse and big as India, centralised
planning could not work beyond a point due to its one-size-fits-all approach.
It was also felt that reflecting the spirit and the changed dynamics as also the
aspirations of the new India require institutional reforms in governance and
dynamic policy shifts that can seed and nurture unprecedented change.
Further, due to the top-to-bottom – one way approach in centralised planning
of the Planning Commission, it was felt that the states needed to have greater
say and participation in planning in the true spirit of ‘cooperative federalism’.
Moreover, since the Planning Commission used to be controlled by the Central
government, sometimes there was a criticism that there is unfair treatment of
the states ruled by the opposition parties when it came to allocating funds.
Due to these factors in keeping with these changing times, the Government
of India set up NITI Aayog (National Institution for Transforming India), in
place of Planning Commission, as a means to serve the needs and aspirations
of the people of India in a better way. The new institution is envisaged to be
a ‘Think Tank’ and a catalyst to the developmental process; nurturing an
14
overall enabling environment, through a holistic approach to development,
operationalizing the principle of Cooperative Federalism.
NITI Aayog has around 32 different divisions like Agriculture Division, Rural
Development Division, etc., to deal with the matters of importance. Thus
setting up of NITI Aayog is a major development and will have long term
impact on the India for times to come.
1.2.4 Agriculture and Rural Development through Five Year Plans and
NITI Aayog
Nearly 70 per cent of India’s population is rural, 25 per cent of which lives in
poverty. The Rural Development Division of the NITI Aayog oversees the
Government’s mega schemes which seek to ensure that benefits of growth
reach rural India, and empower its inhabitants to rise above the poverty line.
The function of the Rural Development Division of the erstwhile Planning
Commission, Govt. of India, was primarily to provide overall policy guidance
in formulation of plans and programmes for Rural Development. The rural
development vertical of NITI Aayog provides overall policy guidance to the
Department of Rural Development, Ministry of Rural Development (MoRD),
GoI. It also monitors the progress of the various schemes and programmes
implemented by the Ministry. Key schemes of the Ministry looked after by the
vertical are DAY-National Rural Livelihood Mission (NRLM), MGNREGA,
Pradhan Mantri Awas Yojana, National Social Assistance Scheme, Pradhan
Mantri Gram Sadak Yojana, among others.
Details about these schemes are given in the following paragraphs:
15
1.2.4.2 DEENDAYAL ANTYODAYA YOJANA – National Rural Livelihood
Mission (NRLM)
16
• Building capacities and skills for gainful and sustainable livelihoods
development
NRLM set out with an agenda to cover seven Crore rural poor households,
across 600 districts, 6000 blocks, 2.5 lakh Gram Panchayats and six lakh
villages in the country through self-managed Self Help Groups (SHGs) of
women and federated institutions and support them for livelihoods collectives
in a period of 8-10 years. Important features of NRLM are as under:
1.2.4.2 Financial Assistance to the SHGs
17
be provided with RF, as corpus, with a minimum of Rs 10,000 and up
to a maximum of Rs 15,000 per SHG. The purpose of RF is to
strengthen their institutional and financial management capacity and
build a good credit history within the group.
II. Capital Subsidy has been discontinued under DAY-NRLM:
No Capital Subsidy will be sanctioned to any SHG from the date of
implementation of DAY-NRLM.
III. Community Investment Fund (CIF)
CIF is be provided to the SHGs in the intensive blocks, routed through
the Village level/ Cluster Level Federations (CLF), to be maintained in
perpetuity by the Federations. The CIF will be used by the Federations,
to advance loans to the SHGs and/or to undertake the
common/collective socio-economic activities.
IV. Introduction of Interest subvention:
DAY-NRLM has a provision for interest subvention, to cover the
difference between the Lending Rate of the banks and 7%, on all credit
from the banks/ financial institutions availed by women SHGs, for a
maximum of Rs 300,000/- per SHG. This will be available across the
country in two ways:
(i) In 250 identified districts, banks will lend to the women SHGs
@7% up to an aggregated loan amount of Rs 300,000/-. The
SHGs will also get additional interest subvention of 3% on
prompt payment, reducing the effective rate of interest to 4%.
(ii) In the remaining districts, the banks will lend at their
respective lending rate applicable to SHGs. All women SHGs
under DAY– NRLM, will be eligible for interest subvention on
prompt payment to the extent of difference between the
lending rates and 7% for the loan up to Rs. 300,000/- subject
to maximum of 5.5 % or as prescribed by the MoRD. This part
of the scheme is being operationalized by State Rural
Livelihood Missions (SRLMs).
V. Loan amount: Emphasis is laid on the multiple doses of assistance
under DAY- NRLM. This would mean assisting an SHG over a period of
time, through repeat doses of credit, to enable them to access higher
amounts of credit for taking up sustainable livelihoods and improve on
the quality of life.
SHGs can avail either a Term Loan (TL) or a Cash Credit Limit (CCL)
loan or both based on the need. In case of need, additional loan can be
sanctioned even though the previous loan is outstanding.
18
The amount of credit under different facilities would be as follows:
VI. Cash Credit Limit (CCL): In case of CCL, banks are advised to
sanction minimum loan of Rs 5 lakh to each eligible SHG for a period
of 5 years with a yearly drawing power (DP). The drawing power may
be enhanced annually based on the repayment performance of the
SHG. The drawing power may be calculated as follows:
• DP for First Year: 6 times of the existing corpus4 or minimum
of Rs 1 lakh whichever is higher.
• DP for Second Year: 8 times of the corpus at the time of review/
enhancement or minimum of Rs 2 lakh, whichever is higher.
• DP for Third Year: Minimum of Rs 3 lakh based on the Micro
credit plan prepared by SHG and appraised by the Federations
/Support agency and the previous credit history.
• DP for Fourth Year onwards: Minimum of Rs 5 lakhs based on
the Micro credit plan prepared by SHG and appraised by the
Federations /Support agency and the previous credit History.
VII. Term Loan: In case of Term Loan, banks are advised to sanction loan
amount in doses as mentioned below:
• First Dose: 6 times of the existing corpus or minimum of Rs 1
lakh whichever is higher.
• Second Dose: 8 times of the existing corpus or minimum of Rs 2
lakh, whichever is higher.
• Third Dose: Minimum of Rs 3 lakh based on the Micro credit
plan prepared by the SHGs and appraised by the Federations
/Support agency and the previous credit history.
• Fourth Dose: Minimum of Rs 5 lakh based on the Micro credit
plan prepared by the SHGs and appraised by the Federations
/Support agency and the previous credit history.
Banks have been advised to take necessary measures to ensure that
eligible SHGs are provided with repeat loans. Banks are advised to
work with DAY-NRLM to institutionalize a mechanism for online
submission of loan application of SHGs for tracking and timely disposal
of application.
4
“Corpus” is inclusive of revolving funds, if any, received by that SHG, its own
savings, interest earning by SHG from on-lending to its members, income
from other sources, and funds from other sources in case of promotion by
other institutes/NGOs.
19
VIII. Purpose of loan and repayment:
The loan amount will be distributed among members based on the
Micro Credit Plan (MCP) prepared by the SHGs. The loans may be used
by members for meeting social needs, high cost debt swapping,
construction or repair of house, construction of toilets and taking up
sustainable livelihoods by the individual members within the SHGs or
to finance any viable common activity started by the SHGs.
In order to facilitate use of loans for augmenting livelihoods of SHG
members, it is advised that at least 50% of loans above Rs 2 lakh and
75% of loans above Rs 4 lakh be used primarily for income generating
productive purposes. Micro Credit Plan (MCP) prepared by SHGs would
form the basis for determining the purpose and usage of loans.
For implementing DAY-NRLM, each State has created the State Rural
Livelihood Mission (SRLM) with its structure at district level and sub-
district/block level (called Cluster). In effect DAY-NRLM has proved to be a
very successful and sustainable scheme for poverty alleviation and
sustainable livelihood generation.
Pradhan Mantri Awaas Yojna was previously known as Indira Awaas Yojna
(IAY). The IAY was being implemented as an independent scheme since 1996.
PMAY aims to provide assistance for construction Pucca house with basic
amenities to all households and those households living in Kuchcha and
dilapidated house, by 2022 to the Below Poverty Line (BPL) rural households,
with special emphasis on SCs, STs and freed bonded labour categories. A
maximum assistance of Rs.1.20 lakh per unit is provided for construction in
plain areas and Rs.1.30 lakh per unit for hilly/difficult areas. The funding of
PMAY is shared between the Centre and State in the ratio of 60:40. (90:10 for
N.E. and Himalayan States). A willing beneficiary is to be facilitated to avail
institutional financial up to Rs.0.70 lakh which could be monitored by State
Level Bankers Committee (SLBC) and District Level Consultative Committee
(DLCC).
The National Social Assistance Programme (NSAP) was launched with the aim
to provide social assistance benefit to poor households in the case of old age,
death of primary breadwinner and maternity. The programme supplements
the efforts of the State Governments with the objective of ensuring minimum
national levels of wellbeing. The Central assistance is an addition to the
benefit that the States are already providing on Social Protection Schemes.
20
With a view to ensure better linkage with nutrition and national population
control programmes, the Maternity Benefit Component of the NSAP was
transferred to the Department of Family Welfare, Ministry of Health and
Family Welfare with effect from 2001-02. The schemes of NSAP and
Annapurna have been transferred to the State Plan with effect from 2002-03
with a view to provide requisite flexibility to the State / UT in the choice and
implementation of the schemes. NSAP at present, comprises of Indira Gandhi
National Old Age Pension Scheme (IGNOAPS), Indira Gandhi National Widow
Pension Scheme (IGNWPS), Indira Gandhi National Disability Pension Scheme
(IGNDPS), National Family Benefit Scheme (NFBS) and Annapurna scheme
(under this scheme 10 kgs of food grains-wheat or rice is given per month per
beneficiary for food security).
With the aim of reducing the dependence of farming on the monsoon, the
government has approved the Pradhan Mantri Krishi Sinchai Yojana (PMKSY) -
Prime Minister’s Agricultural Irrigation Scheme. The major objective of PMKSY
is to achieve convergence of investments in irrigation at the field level, expand
cultivable area under assured irrigation (the slogan is "Har Khet Ko Paani",-
water for every farm), improve on-farm water use efficiency to reduce wastage
of water, enhance the adoption of precision-irrigation and other water saving
technologies (the slogan is “More crop per drop”), enhance recharge of aquifers
and introduce sustainable water conservation practices by exploring the
feasibility of reusing treated municipal waste water for peri-urban agriculture
and attract greater private investment in ‘precision irrigation’ system.
For this scheme, Rs 50,000 crore has been allocated for the next five years
and for the year 2021-22, allocation of Rs. 5,588 crores has been made in this
scheme. Considering the use and utilization of funds by the States, year-wise
usage and total allocated funds can also be extended for this programme, so
that every farm has water and every drop is utilized for more crop production
as well as food safety of the whole country.
21
• Small check dams and contour bunding
• Creation of assured irrigation source,
• Construction of diversion canals, field channels, water
diversion/lift irrigation, including development of water
distribution systems.
The Pradhan Mantri Gram Sadak Yojana (PMGSY) was launched in the year
2000 with the objective of providing rural connectivity by way of all- weather
roads to the unconnected villages/ habitations for uplifting the socio-
economic condition of the rural population. The scheme was launched as
PMGSY-II in 2013 and PMGSY-III in 2019. The scheme is managed by
Ministry of Rural Development. Under the scheme the Union Government
bears 90% of the project cost in respect of projects sanctioned in North-
Eastern and Himalayan States, whereas for other states the Union
Government bears 60% of the cost. A total of about 6 lakh Km road length
has been constructed under the scheme since inception till 2019.
The existing system of land records in the country was quite complicated with
lot of variation across the states. In order to resolve the issues, in the year
2008, the National Land Records Modernization Programme (NLRMP) was
22
conceptualized as a major system and reform initiative, which is concerned
not merely with computerization, updating and maintenance of land records
and validation of titles, but also as a programme, that will provide a
comprehensive database for planning developmental, regulatory and disaster
management activities by providing location-specific information based on
land records data. It attempts to develop an Integrated Land Information
Management System (ILIMS) across the country, on which different States can
also add State-specific needs as they may deem relevant.
Under the NLRMP, the data have been integrated on a geographic information
system (GIS) platform. All ‘cadastral maps’ (maps and records of land in
physical / paper form) are to be digitized, and data is to be included with plot
numbers and unique id for each land parcel.
Community Development was the method and Rural Extension was the
agency through which the Five Year Plan sought to initiate a process of
transformation of the social and economic life of the villages. The programme
was launched during 1952 with Rs. 90 crores allocated for community
projects and proposed the establishment over a period of about ten years of a
network of extension workers throughout the country. ‘Development Blocks’
23
were formed consisting of a group of villages and ‘Block Development Officer’
(BDO) was the head of Block Development Office. A small group of villages
was allotted to a village level worker (VLW).
1.2.4.4 Irrigation
Importance was given to make available sufficient water facility for irrigation
through minor irrigation works, e.g., tanks, canals, surface wells, tube wells,
etc.
1.2.4.5 Communications
1.2.4.6 Education
1.2.4.7 Health
The Health Organization of the Project area to cover at least 3 primary health
units in the Development Blocks and a secondary health unit equipped with
a hospital and a mobile dispensary at the headquarters of the Project area
and serving the area as a whole were envisaged. Its aim was to improve
environmental hygiene, including provision and protection of water supply;
proper disposal of human and animal wastes; control of epidemic diseases
such as Malaria, Cholera, Small-pox, Tuberculosis, etc., provision of medical
aid along with appropriate preventive measures and education of the
population, hygienic living and improved nutrition.
Efforts were put in place during the Plan period to generate supplementary
employment. In this direction attention and importance were given to make
available employment in the cottage and small-scale industries, construction
of brick kilns and saw mills and encouragement of employment through
participation in the tertiary sector of the economy.
1.2.4.9 Housing
Apart from the provision of housing for community projects personnel, steps
were taken, wherever possible, to provide demonstration and training in
improved techniques and designs for rural housing.
1.2.4.10 Training
The training of village level workers, project supervisors and other personnel
for the Community Development Programme, were carried out in 30 training
centres, which were set up with the assistance of the Ford Foundation of
America. Each training centre could accommodate about 70 trainees. Each
centre had double training staff so that the trainees could be divided into two
groups. One group concentrated on practical exposure and the other group
learnt theoretical aspects in a class room environment.
The first Five Year Plan’s experience and exposure gave better ideas for the
government to take into account various issues during the Second Five Plan.,
It was felt in the area of Agriculture and Rural Development that the grass
25
root level administration needed to be strengthened, which was called the
‘District Administration Development’.
Housing being a fundamental need, lot of importance was given to this area.
Setting up of Housing Boards, acquiring lands for construction of houses and
offering them to the needy poor and middle class were given due importance
under this plan. This has led to employment generation both in a direct as
well in an indirect manner.
26
importance. Further, co-operative marketing, co-operative processing, co-
operative handling of agricultural inputs, storage, consumer co-operation
were developed. In semi-urban and urban areas, the role of urban co-
operative banks was also strengthened.
To have focused attention to ensure that the poorest of the poor and hitherto
neglected sectors got due recognition and support, the ‘20- Point Programme’
was announced by the then Prime Minister on 1st July 1975. The introduction
of the same had far reaching effects on economic development. Various
schemes were introduced to address the issues relating to poor people of the
country. Subsequent to nationalization of banks in 1969, the banks were
directed to participate in the welfare activities of such people by extending
credit facilities at very low costs with minimum formalities. Besides,
agriculture sector covering minor irrigation, soil and water conservation,
forestry, animal husbandry, dairy farming, fisheries, flood control, etc. were
some of the segments which received benefit under this plan.
Poverty alleviation has always been a high priority for the Government and
several efforts have been made in this regard. Earlier, to develop the rural
youth, Training of Rural Youth for Self-Employment (TRYSEM) was started on
15th August 1979. The aim was to train two lakh rural youth to give them
empowerment and have self-employment. In 1982 the introduction of
Development of Woman and Children in Rural Areas (DWCRA) had provided
opportunities for development of women and children in the rural areas. The
National Rural Employment Programme (NREP) was launched in October,
1980 and became a regular Plan programme from April, 1981. NREP aimed
to generate gainful employment for the unemployed and underemployed
persons in rural areas, to create productive community assets for direct and
continuing benefits to poverty groups and to strengthen the rural, economic
and social infrastructure to bring about a general improvement in the overall
quality of life in rural areas. It also aims to improve the nutritional standards
of rural poor through the supply of food grains as part of wages. On 15th Aug
27
1983, a new programme viz., Rural Landless Employment Guarantee
Programme (RLEGP) was launched.
a. Abolition of intermediaries;
b. Tenancy reforms with security to actual cultivators;
c. Redistribution of surplus ceiling land;
d. Consolidation of holdings; and
e. Updating of land records.
28
Toolkits to Rural Artisans’ (SITRA) was started in July 1992 as a sub
scheme of IRDP.
(iv) The National Social Assistance Programme (NSAP): NSAP came into
effect from 15th August, 1995, to address the issues relating to the old age
persons. This programme has three components: namely (i) National Old
Age Pension Scheme (NOAPS); (ii) National Family Benefit Scheme (NFBS);
and (iii) National Maternity Benefit Scheme (NMBS); targeted at people
living below the poverty line. Through this, old age pensions for the
deserving poor in rural areas were introduced.
29
1.2.4.16 Focus of the Five Year Plans
The focus of different Five Year Plans varied based on the priorities at that
time. An attempt is made to summarize the focus areas of these Plans below:
Plan Focus Particulars
First Plan Agriculture • It was based on ‘Harrod-Domar Model of
(1951 - 56) Development Development’5.
• Community Development Programme was
launched in 1952.
• Focus on agriculture, price stability, power and
transport. The idea was that agriculture
development would lead to higher rate of
economic growth.
• It was a successful plan primarily
because of good harvests in the last
two years of the plan.
• The national income increased in
the first Plan at the rate of 3.6% p.a
against a target of 2.1%.
Second Import • Also called Mahalanobis Plan, named after the
Plan substitution well-known economist.
(1956 - 61) led growth, • Focus was on rapid industrialization.
heavy and • Advocated huge imports through foreign loans.
basic • Shifted basic emphasis from agriculture to
industries industry.
• During this plan, prices increased by 30%,
against a decline of 13% during the First Plan.
Wrong assessment of food situation and rapid
industrialization led to imbalances in the
economy in the form of food shortage, price rise,
foreign exchange problem and unemployment.
• Target Growth: 4.5% Actual Growth: 4.1%
Third Plan Economic • At its conception, it was felt that Indian
(1961 - 66) sufficiency economy has entered a take-off stage.
Therefore, its aim was to make India a 'self-
reliant' and 'self-generating' economy.
• Based on the experience of first two plans,
agriculture and allied activities was given top
priority to support the exports and industry.
5
‘Harrod-Domar Model of Development’ is a Keynesian model of economic growth which
postulates that increased investment can lead to a cycle of higher growth and savings
which in turn will accelerate investment.
30
• Performance fell short of expectations due to
unforeseen events - Chinese aggression (1962),
Indo-Pak war (1965), severe drought 1965-66.
• Target Growth: 5.6% Actual Growth: 2.8%
Three Agriculture • Prevailing crisis in agriculture and serious food
Annual shortage necessitated the emphasis on
Plans agriculture during the Annual Plans.
(1966-69) • During this plan, a whole new agricultural
Plan strategy was implemented. It involved wide-
holiday for spread distribution of high-yielding varieties of
3 years. seeds, extensive use of fertilizers, exploitation
of irrigation potential and soil conservation
(Green Revolution).
• During the Annual Plans, the economy
absorbed the shocks generated during the
Third Plan. It paved the path for the planned
growth ahead.
Fourth Plan Technological • Main emphasis was on growth rate of
(1969 - 74) reforms in agriculture to enable other sectors to move
agriculture, forward.
growth with • It emphasized reducing fluctuations in
stability agricultural production and reducing
dependence on foreign assistance.
• First two years of the plan saw record
production. The last three years did not
measure up due to poor monsoon.
• Target Growth: 5.7% Actual Growth: 3.30%
Fifth Plan Elimination of • It proposed to achieve two main objectives:
(1974-79) poverty 'removal of poverty (Garibi Hatao)’ and
'attainment of self-reliance'.
• Promotion of high rate of growth, better
distribution of income and significant growth in
the domestic rate of savings were seen as key
instruments.
• Target Growth: 4.4% Actual Growth: 4.8%
Sixth Plan Food and fuel • Focus shifted to formulating programmes
(1980 - 85) strategy specifically directed to the poor.
• Special programmes aimed at tackling poverty
were introduced like short term wage
employment in rural areas.
• Target Growth: 5.2% Actual Growth: 5.7%
31
Seventh Human • Aimed at a direct attack on the problems of
Plan Resource poverty, unemployment and regional
(1985 - 90) Development imbalance.
• Many anti-poverty programmes were made the
focus of the planning strategy.
• Plan aimed at extending Green Revolution to
new areas through its emphasis on raising the
productivity of rice in the eastern region and in
dry land areas.
• Target Growth: 5.0% Actual Growth: 6.0%
Eighth Plan Privatization, • Worsening Balance of Payment position and
(1992 - 97) liberalization inflation during 1990-91 were the key issues
and during the launch of the plan.
globalization • The plan undertook drastic policy measures to
combat the bad economic situation and to
undertake an annual average growth of 5.6%
• Some of the main economic outcomes during
eighth plan period were rapid economic growth,
high growth of agriculture and allied sector,
and manufacturing sector, growth in exports
and imports, improvement in trade and current
account deficit.
• A review on various poverty alleviation schemes
already launched was made.
• Target Growth: 5.6% Actual Growth: 6.8%
Ninth Plan Growth with • It was developed in the context of four
(1997- social justice important dimensions: Quality of life,
2002) and equity generation of productive employment, regional
balance and self-reliance.
• Target Growth: 6.5% Actual Growth: 5.4%
Tenth Plan Growth with • Reduction of poverty ratio ,
(2002 - social justice • Providing gainful high quality employment to
2007) and equity the addition to the Labour force,
• Universal access to primary education,
• Reduction in gender gaps in literacy and wage
rates
• All villages to have sustained access to potable
drinking water by 2012.
• Target Growth: 8.0% Actual Growth: 7.5%
32
Eleventh Faster, broad • Increase agricultural GDP growth rate to 4%
Plan based and per year,
(2007 - inclusive • Create 70 million new work opportunities and
2012) growth reduce educated unemployment to below 5%,
• Provide clean drinking water for all by 2009,
• Ensure that at least 33 percent of the direct and
indirect beneficiaries of all government
schemes are women and girl children,
• Connect every village by telephone by
November 2007 and provide broadband
connectivity to all villages by 2012,
• Increase forest and tree cover by 5 percentage
points and
• Increase energy efficiency by 20 percentage
points by 2016-17.
• Target Growth 9.0%. Actual growth 8.3%.
Twelfth Faster, More • India’s five year plan creates 50 million work
Five Year Inclusive and opportunities in Non-Farm Sector.
Plan (2012- Sustainable • Increasing green cover by 1 million hectare per
2017) Growth year.
• PPP Model for Investments.
• Provide access to banking services to 90% of
households.
• Remove gender and social gap in school
enrolment.
• Enhance access to higher education.
• Reduce malnutrition among children 0-3 year
• Provide electricity to all villages.
• Ensure that 50% of rural population have
access to pure drinking water.
• Real GDP growth target was initially 9.0% but
finally approved at 8.0% by National
Development Council. The estimate of
achievement by NITI Aayog is around 7.0%.
Implementation of the Five Year Plans was not smooth. These Plans faced a
lot of hurdles, but despite the shortcomings, these plans have contributed for
the nation’s development. In fact a country like India, with huge population,
divergent views, geographical limitations, different political parties holding
power at State levels as well as at the Centre at different times; launching five
year plans and having optimum results at all times is not an easy task. Still
33
the fact that our country and the rural population have gained on account of
the five year plans, cannot be denied.
NITI Aayog is basically a policy think tank of Government of India and State
Governments. It replaced 65-year old Planning Commission. Union
Government of India had announced formation of NITI Aayog on 1st January,
2015. The NITI Aayog comprises the following governance structure, members
and bodies:
(ii). Governing Council comprising of the Chief Ministers of all States and
Union Territories with legislatures and Lieutenant Governors of other Union
Territories.
(iii). Regional Councils have been constituted to address specific issues and
contingencies impacting more than one state or region. The aim of the
Regional Councils is to amicably settle disputes between two or more states
facing a common set of problems that usually delay the progress of
developmental projects. These councils will be formed for a specified tenure.
The Regional Councils’ meetings are convened and chaired by the chairperson
of the NITI Aayog (the Prime Minister) or his nominee and comprise of the
Chief Ministers of States and Lt. Governors of Union Territories in the region
for addressing specific issues.
Thus, the propulsive concept behind the new body would be “co-operative
federalism” entailing that the states to have their say in framing plans and
policies for development. NITI Aayog will have regional councils to focus on
34
developmental activities on specific areas and is patterned on the National
Reforms Development Commission of China. While the Planning Commission
had the power to allocate funds to states for attaining regional development,
the NITI Aayog will not have such powers. Rather, the task of allocating funds
to states is now being vested with the Finance Ministry, GoI.
The primary job of NITI Aayog would be to undertake long term policy and
design frameworks and take necessary initiatives for attaining faster
development and to monitor these activities. Thus, NITI Aayog will actively
monitor and evaluate implementation of the Government programmes and
initiatives. The Planning Ministry of the then Government was of the view that
“with central plan expenditure of the order of Rs 5.75 lakh crore was being
channelized per year for development, it was absolutely necessary that there
is concurrent, comprehensive, credible and reliable evaluation”.
This step mainly focuses on strategies to spread awareness about and use of
evaluation as a tool for enhancing result from policies and programmes of
good governance. So it was time to consider developing a National Evaluation
Policy that would provide direction to Monitoring and Evaluation (M & E)
activities in the country, laying stress upon quality standards and sound
ethical procedures and provide for appropriate institutional mechanisms. NITI
Aayog would therefore mean:
35
vii. Special Invitees: Experts, specialists and practitioners with relevant
domain knowledge will be called as special invitees, to be nominated by
the Prime Minister
viii. Secretariat as deemed necessary for its functioning.
It may be observed from the above that lot of flexible options for supporting
NITI Aayog have been built in the organizational structure by way of various
experts on full time or part time basis and from Government as well as private
sector to enable it to function truly as a ‘Think Tank’.
The following are the important aims and objectives of NITI Aayog:
36
• To undertake other activities as may be necessary in order to further
the execution of the national development agenda, and the objectives
mentioned above.
NITI Aayog’s entire gamut of activities can be divided into four main heads:
37
1) Agriculture
2) Health
3) Women & Child Development
4) Governance & Research
5) HRD
6) Skill Development & Employment
7) Rural Development
8) Sustainable Development Goals
9) Energy
10) Managing Urbanization
11) Industry
12) Infrastructure
13) Financial Resources
14) Natural Resources & Environment
15) Science & Tech
16) State Coordination & Decentralized Planning (SC&DP)
17) Social Justice & Empowerment
18) Land & Water Resources
19) Data management & Analysis
20) Public-Private Partnerships
21) Project Appraisal and Management Division (PAMD)
22) Development Monitoring and Evaluation Office
23) National Institute of Labour Economics Research and Development
(NILERD)
The system of Five Year Plans was discontinued after NITI Aayog replaced
Planning Commission in 2015. The 12th Five Year Plan for 2012 to 2017 was
the last five year plan of India and was completed in 2017. With this, the five
year plans have become a thing of past. It was already announced that there
will be no more five year plans. It was in the background of the feeling that
with an increasingly open and liberalized economy, we needed to rethink the
tools and approaches to conceptualizing the development process. The
proposed shift from Five Year Plans represents an important step in this
direction. In August, 2017, NITI Aayog came up with new ideas of planning
for future development of India. The core idea is that India has still not
abandoned the process of planning and the country still has planned
development in action. However, the process of planning is different- the first
major difference is that instead of a single five year plan, the country will have
three plans spread over three different time periods, as mentioned below:
38
• First is a “Three Year Action Agenda” which states the tasks and
targets to be accomplished in next three years’ time frame.
• Second is a “Seven year Strategy” which lays the roadmap of
development for next seven years dividing those goals and objectives
into two parts.
• Third and final is a 15 year “Vision” that encompasses overall goals
and objectives of the country for next 15 years.
The document titled “India – Three Year Action Agenda 2017-18 to 2019-20
was the first document of NITI Aayog and was brought out in August 2017. It
offered ambitious proposals for policy changes within a relatively short
period6. The main components of this document were as under:
The three year action agenda is touted to be the first step towards attaining
the envisioned outcomes by 2031-32. The document is divided into 7 parts
with 24 chapters. The key points from this document are as follows:
This part of the document analyses the forecast of the revenue of the
government and then proposes a sector wise expenditure allocation for three
years. It also proposes reducing fiscal deficit to 3% by 2018-19 and revenue
deficit to 0.9% of the GDP by 2019-207.
For India to flourish, its farmers and the farm economy must prosper.
It is against this background that the Prime Minister has called for
doubling farmers’ incomes by 2022. To achieve this goal, the Action
Agenda outlines a strong programme for agricultural transformation. It
includes several measures to raise farm productivity, bring
remunerative prices to farmers, put farmers’ land to productive uses
and improve the implementation of relief measures. The action agenda
seeks to double farmers’ income by several means including reform in
6
The detailed document can be seen at NITI Aayog website
https://niti.gov.in/writereaddata/files/coop/IndiaActionAgenda.pdf
7
Fiscal Deficit = Total income of the government (Revenue receipts + recovery of loans + other receipts) - Total
expenditure of the government (capital and revenue expenditure) and Revenue Deficit= Revenue Receipt-
Revenue Expenditure. A deficit occurs when expenditure is more than income.
39
APMCs; raising productivity through enhanced irrigation; faster seed
replacement rates; precision agriculture; making Minimum support
Price (MSP) system more effective; and a shift to high value
commodities, horticulture, animal husbandry, fisheries etc.
Part V: Government
This Part considers issues related to the government such as governance,
taxation, competition and regulation; government’s role in favour of public
services and away from manufacturing. It also recommends reforms in the
civil service, and electoral process and actions to eliminate corruption and
black money. It also includes suggestions for strengthening federalism and
bringing states to the forefront of reform agenda.
It was expected that the NITI Aayog will come up with Seven Year Strategy
and 15 Year Vision as a medium term and long term plan besides the 3 year
action plan as the short term plan.
In this regard it is pertinent to mention the vision of the Prime Minister about
India which is presented in Figure 2.2 below:
41
As per the presentation made by Dr. Arvind Panagariya in 2017, the highlights
of the 15 year plan for the period 2016-17 to 2031-32 -“The Vision, Strategy
and Action Agenda” are as under:
• In 15 years, India aims to get triple the size of its economy; it’s GDP has
to grow from Rs137 lakh Crore in 2015-16 (at 2015-16 prices) to Rs 469
lakh Crore in 2031-32. Per capita income is also slated to increase 3
times from Rs 1.06 lakh in 2015-16 to Rs 3.15 lakh in 2031-32.
• By 2031, India’s urban population is expected to increase by 22 crores
from 37.7 crore in 2011 to 60 crore in 2031. Taking a clue from China’s
long-term urban development agenda, the vision documents lays
emphasis on urban development.
• With GST in place and “one nation, one aspiration, one determination”
philosophy, the states’ role in overall development of the country is to
rise exponentially.
It is learnt that in May, 2017, NITI Decided that the two documents (7 year
and 15 year) will be combined into one and it is under preparation at the time
of preparing this material (June 2021) to again bring out a comprehensive
roadmap to accelerate the economic growth. The readers are requested to look
for the same on the NITI Aayog website for detailed information.
NITI Aayog has brought out another important document named ‘Strategy for
New India @ 75’ to articulate the vision for an important milestone in India’s
timeline in 2022 when India celebrates the 75th anniversary of its
42
independence. The document captures following three key messages from the
Prime Minister:
iii. Third, the strategy when implemented, will bridge the gap
between public and private sector performance. The Prime
Minister has focused on putting in place a ‘development state’ in
place of the ‘soft state’ that existed earlier. The focus areas in this
context are efficient delivery of public services, rooting out
corruption and black economy, formalizing the economy and
expanding the tax base, improving the ease of doing business,
nursing the stressed commercial banking sector back to a healthy
state, and stopping leakages through direct benefit transfers and
widespread use of the JAM trinity (JAM = Jan Dhan bank
account, Aadhar and Mobile).
The document mentioned that by 2022, the ‘New India’ will provide a solid
foundation for clean, inclusive, sustained and sustainable growth for the next
three decades. The ‘Strategy for New India @ 75’ reflects preparedness to make
this transition. Its recommendations are practical and detailed to facilitate
time-bound implementation. All levels of government must work together to
achieve the vision of New India. Working together as ‘Team India’ will ensure
prosperity for all while protecting our environment and promoting the
emergence of an innovative eco-system, propelling India to the front ranks of
the global economy.
43
had diligently prepared 12 Five Year Plans and NITI Aayog, within a short
period of has brought out highly acclaimed plans of 3 years and ‘Strategy for
New India @ 75’ to prepare ‘New India’ for the next journey. India has
achieved great heights but has a long journey to go to achieve the Prime
Ministers’ Vision of ‘Prosperity and no poverty’. The planning process now
steered by NITI Aayog is expected to help the country achieve that vision.
1.2.7 Keywords
Five Year Plans, Planning Commission, Pradhan Mantri Krishi Sichai Yojana
(PMKSY)Integrated Watershed Management Programme (IWMP), Pradhan
Mantri Awas Yojna-Grameen (PMAY-G), Mahatma Gandhi National Social
Assistance Programme (NSAP), National Rural Employment Guarantee Act
(NREGA), Minor Irrigation, National Land Records Modernization Programme
(NLRMP), Communication, Education, Rural Development, National
Institution for Transforming India (NITI) Aayog, Doubling of Farmers Income,
‘Strategy for New India @ 75’.
1. One of the items in the vision of Prime Minister states that “India should
have Prosperity, not Poverty”
2. Doubling of the farmers income has to be achieved by the year 2022.
3. Training of Rural Youth for Self-Employment (TRYSEM) was started on
15th August 2011.
4. The National Social Assistance Program (NSAP) was launched with the
aim to provide social assistance benefit to poor households in the case
of old age, death of primary breadwinner and maternity.
5. The introduction of Development of Woman and Children in Rural Areas
(DWCRA) had provided opportunities for development of women and
children in the rural areas.
6. The role of Planning Commission is to work with NITI Aayog.
1. Who used to prepare the Five Year Plans before NITI Aayog was formed
?
44
a. Planning Department
c. Planning Commission
a. 1947
b. 1950
c. 1948
d. 1951
a. 1951-56
b. 2000-2005
c. 2020-2025
d. 2012-2017
4. How many Five Year Plans were prepared in India before NITI Aayog?
a. 10
b. 11
c. 12
d. 15
5. The role of Planning Commission is replaced by
a. UPSC
b. NITI Aayog
c. PMO
d. None of the above
6. What is full form of NITI in NITI Aayog?
45
d. The Finance Minister of India
8. What was the need of setting up of NITI Aayog?
46
d. Integrated Watershed, Drought and Desert Development
Management Program (IWDDDMP)
15. Rural Landless Employment Guarantee Program (RLEGP) was
launched during the
16. As per the 15 Year Vision prepared by NITI Aayog the per capita
income in our country is expected to reach Rs_______ by 2031-32?
a. Rs 1.05 lakh
b. Rs 2.10 lakh
c. Rs 3.15 lakh
d. Rs 4.20 lakh
b. Development of co-operatives
c. Village panchayats
d. All of these
e. None of these
47
b. Jan Dhan, Aadhar and Mobile
01(c) 02 (d) 03(d) 04 (c) 05(b) 06 (a) 07(b) 08 (c) 09(c) 10 (b) 11(b) 12 (c)
13(b) 14 (b) 15 (b) 16(c) 17(d) 18(a) 19(b) 20 (b)
48
ANNEXURE 1.2.1
List of 41 Focus Areas in the document ‘Strategy for New India @ 75’ of
NITI Aayog
Drivers
1. Growth
4. Industry
8. Financial Inclusion
11. Minerals
Infrastructure
12. Energy
14. Railways
17. Logistics
49
Inclusion
32. Gender
34. Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes
(OBCs), Other Tribal Groups and Minorities Governance
36. The North-East Region 37. Legal, Judicial and Police Reforms
*****
50
1.3 Lesson No.3 Contribution of Agriculture, MSMEs and Service
Sector to Indian Economy
1.3.1 Objective
1.3.2 Introduction
1.3.3 Agriculture
1.3.3.1 Importance of Agriculture
1.3.3.2 Share in National Income
1.3.3.3 Sources of employment
1.3.3.4 Provision of food grains
1.3.3.5 Supplier of raw material for industrial sector
1.3.3.6 Market for industrial products
1.3.3.7 Earner of foreign exchange
1.3.3.8 Significance for trade and tourism
1.3.3.9 Source of revenue for the Government
1.3.3.10 Other aspects
1.3.3.11 Certain challenges
1.3.4 Micro, Small and Medium Enterprises (MSMEs)
1.3.4.1 Introduction
1.3.4.2 Role and importance
1.3.4.3 MSME’s contribution to the economy
1.3.4.4 Problems of MSMEs
1.3.4.5 Focus of Government
1.3.4.6 Focus of banks
1.3.4.7 Rating of MSMEs
1.3.4.8 Cluster initiative
1.3.4.9 Key challenges
1.3.5 Service Sector: Introduction
1.3.5.1 Service industries
1.3.5.2 Health and education
1.3.5.3 Information technology
1.3.5.4 Retail
51
1.3.5.5 Banking and Insurance
1.3.6 Other sectors
1.3.7 Let Us Sum Up
1.3.8 Keywords
1.3.9 Check your progress questions
1.3.10 Terminal Questions
1.3.11References for further reading
52
1.3 Contribution of Agriculture, MSMEs and Service Sector to Indian
Economy
1.3.1 Objectives
1.3.2 Introduction
1.3.3 Agriculture
Agriculture, the very source of survival for the human kind, includes a
comprehensive range of raw and finished products under the classification of
plants, animals and other life forms. Human kind embraces this sector not
only because it helps the common man with daily food but also due to the fact
that a large chunk of the world’s population is dependent on agriculture as
their source of survival and livelihood.
The share of agriculture in the total Indian GDP has been gradually
decreasing and it has declined from 59.0% in 1950-51 to a mere 14.65% in
2019-20. In absolute sense the GDP from agriculture has increased but the
development of the secondary and tertiary sectors have happened at a faster
pace and therefore, those two sectors have increased their share in the GDP
and the share of agriculture has declined.
8
GOI(2019) Agricultural Statistics at a Glance 2019, Table 2.3
53
as far as agriculture employment is concerned. There is however concern over
under employment in the sector.
Rural areas provide markets for a large number of industrial products. Since
about two thirds of India lives in rural areas, there is a large rural purchasing
power which has created a significant demand for all types of industrial
products. Green revolution has considerably increased the purchasing power
of the farmers. In the recent years, demand for various products like soaps,
detergents, clothes, cycles, scooters, radios, television, torches, lead batteries,
etc. have witnessed a marked increase in rural areas. Likewise, the demand
for a variety of agricultural inputs/equipments like chemical fertilizers,
tractors, pump-sets, sprinkler/ drip, pipes, pesticides etc. has increased
sharply. This has stimulated the development of industries producing these
products. A good agricultural production, thus stimulates a virtuous cycle of
economic growth.
54
1.3.3.8 Significance for Trade and Transport
Though the direct contribution of agricultural taxes to the central and state
governments is not significant (as agricultural incomes are tax exempt and
most of the manufactured products attract concessional or no GST), they do
play a role in terms of land revenue, irrigation charges, taxes imposed on the
commodities purchased by the cultivators, etc. The Central Govt. also earns
revenue from export duties on agricultural production. Freight charges of
Indian Railways for carrying agricultural product generate huge revenue to
the central exchequer.
India ranks second worldwide in farm output. Agriculture and allied sectors
like forestry, logging and fishing contribute significantly for the GDP, and play
a significant role in the overall socio-economic development of India. However,
our productivity is quite low as compared to the best in the world; for example
the average productivity of paddy is 3848 Kg per Ha in India while the same
in China is 6917 Kg per Ha. The low agricultural productivity in India is
mainly a result of the following factors:
55
everyone involved in the economic development, from a manufacturer to a
supplier and to a local vendor.
If one talks particularly about the suppliers associated with this sector- being
a part of the ‘Supply chain’, they have played a very critical role. Agro Products
Suppliers are performing business across the globe with the supply chain of
agricultural products including fertilizers, pesticides, animal feeds & extracts,
vegetable oil, irrigation equipment’s, machines & appliances, fruits & juices,
edible products etc. With the growth of technology, marketplace for every
supplier has become easy and has enabled them to perform business more
effectively.
The contribution of Agriculture sector to the GDP has been declining which is
a cause of worry. Some of the challenges being faced are:
Overcoming these constraints call for concerted efforts by one and all.
Continuous collective support and help are required for the Agricultural
sector from the concerned authorities.
56
1.3.3 Micro, Small and Medium Enterprises
1.3.4.1 Introduction
The Micro, Small and Medium Enterprises (MSMEs) play a pivotal role in the
economic and social development of the country, often acting as a base for
entrepreneurship. They also play a key role in the development of the economy
with their effective, efficient, flexible and innovative entrepreneurial spirit.
The MSME sector in India is highly heterogeneous in terms of the size of the
enterprises, variety of products and services and levels of technology. The
sector not only plays a critical role in providing employment opportunities at
comparatively lower capital cost than large industries but also helps in
industrialization of rural and backward areas, reducing regional imbalances
and assuring more equitable distribution of national income and wealth.
MSMEs complement large industries as ancillary units and contribute
enormously to the socioeconomic development of the country.
‘Micro, Small and Medium Enterprises Development Act, 2006’ (MSMED Act,
2006) has been enacted in India and this has replaced the word ‘Industry’
with the word ‘Enterprise’. The enterprises’ in this Act were classified into
micro, small and medium based on investment in plant and machinery.
Based on their activities, these enterprises were further categorized as
manufacturing and service.
57
• The definition of Micro manufacturing and services units has been
increased to Rs. 1 Crore of investment and Rs. 5 Crore of turnover.
• The limit of small unit has been increased to Rs. 10 Crore of investment
and Rs 50 Crore of turnover.
• The limit of medium unit has been increased to Rs. 50 Crore of
investment and Rs. 250 Crore of turnover.
In India, the MSMEs play a pivotal role in the overall industrial economy of
the country by accounting for more than 80% of the total number of industrial
enterprises and producing over 8000 value-added products. It is estimated
58
that in terms of value, the sector accounts for 45% of the manufacturing
output and 40% of the total export of the country and employs around 6 crore
people. Further, in recent years, the MSME sector has consistently registered
higher growth rate compared to the overall industrial sector. The major
advantage of the sector is its employment potential at low capital cost.
Recognizing the importance of this sector, the Govt. has been increasing its
financial support to meet the requirement of the sector. This aid helps in
technology upgradation and addressing the financial gaps. Government of
India launched the Micro Units Development and Refinance Agency Ltd
(MUDRA) in April 2015 for refinancing MFIs that are engaged in the business
of lending to micro and small business entities.
59
1.3.4.8 Cluster Initiative
The concept of cluster development offers new insights into the promotion and
supporting the MSMEs. A ‘cluster’ may be defined as a local agglomeration of
enterprises (mainly MSMEs) which produce and sell similar or a range of
related and complementary products and services. Example: A localized
leather industry, including leather tanning units, leather finishing units,
leather goods producers, leather garment manufacturers, designers, sub-
contractors, merchant buyers and exporters. It is estimated that there are
about 400 MSME clusters in the country. Examples of MSME cluster are
‘Locks cluster’ of Aligarh, UP and ‘Cashew Processing cluster’ at Sindhudurg,
Maharashtra.
60
international markets. These opportunities compel the MSMEs to upgrade
their competencies to contend with competition since obsolescence is rapid
with new products being launched at an incredible pace. MSMEs contribute
towards creation of wealth, employment, and income generation, both in rural
and urban areas, thus, ensuring a more equitable income distribution. They
also provide the economy with a continuous supply of ideas, skills, and
innovations necessary to promote competition and the efficient allocation of
scarce resources.
Of late, India has opened the doors for the service sector (tertiary sector) to
grow fast. This has resulted in rapid increase in the wide variety of services
being offered as per the needs of a developing economy like India and
resultant increase in share of services in India’s GDP from 28.0% in the year
1950-51 to 62.94% in 2019-20.
9
https://statisticstimes.com
61
population. Importance of health care sector has been brought into focus in
an unprecedented manner in the pandemic of COVID19 since March 2020.
62
1.3.4.4 Retail
Retail sector has been one of the fastest growing service sectors, both in terms
of turnover and employment. There are two broad categories of retail- the
‘unorganized retail’ comprising of the retail outlets owned by individuals or
families and ‘organized retail’, established as large format outlets under a
brand by corporates mostly in malls etc (for example ‘Big Bazar’ or ‘D Mart’).
Now the organized sector has started the ‘online retail’ in a big way (for
example ‘Big basket’, ‘Jio Mart’, ‘Amazon’, etc.). Many domestic and global
players have been investing in the retail segment and are making all efforts to
further expand the sector.
Banking and insurance are basically service oriented industries. Over the
decades, our banking system has grown with huge network of branches and
the latest technological support. As of March 2021, India has more than
150,000 branches and a little over 2.15 lakh ATMs10. The banks are now
offering varied services to variety of customers across the country. Their
services are not only essential but also vital. Banks in India have shown high
resilience in the wake of the global financial crisis of 2008 and the ongoing
COVID Pandemic. It is however a fact that a large section of the Indian
population is still not financially included.
To supplement the achievements and meet the shortfalls in all the sub-
sectors of the industry, travel and tourism sector has to be developed in a
sustainable manner. Being one of the largest industries in terms of gross
revenue and foreign exchange earnings, it stimulates growth and expansion
in other economic sectors like agriculture, horticulture, poultry, handicrafts,
transportation, construction, etc.. It is a major contributor to the national
integration process as well as preserver of natural and cultural environments.
The Ministry of Tourism, GoI has been undertaking several policy measures
10
RBI website: https://rbi.org.in
63
so as to boost the sector such as the announcement of the National Tourism
Policy.
Service Sector is needed for the continuous growth of the economy. If the
respective industries in the Service Sector field are offered the required,
support by all the concerned, the Service Sector’s contribution would increase
and further make way for more employment opportunities.
Any economy to sustain requires the support of various sectors. For centuries,
agriculture remained the major source of employment opportunity provider
and producer of food products. Though there has been a shift from agriculture
on account of various developments and compulsions, agriculture still
continues to occupy an important position in our country.
1.3.5 Keywords
1. The share of agriculture sector in the economy has been declining and
is around 15% now (2019-20)
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6. With regard to Agriculture, as irrigation facilities are inadequate, in
many areas farmers are highly dependent on rainfall in the Monsoon
season.
01. True 02. True 03. True 04. True 05. False 06. True 07. True
1. Over the years, the share of agriculture in Indian economy (GDP) is?
a. Increasing
b. Constant
c. Decreasing
d. Fluctuating
a. 100%
b. 75%
c. 50%
d. 25%
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c. Limited access to equity capital
d. All of these
a. Tourism
b. Insurance
c. Small Industry
d. Retail
a. NBFCs
b. MSMEs
c. NGOs
d. All of them
a. Low productivity
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c. Banking Process Overview
https://statisticstimes.com
67
Lesson No. 4 Developments in Indian Economy
1.4.1 Objectives
1.4.2 Introduction
1.4.7 Keywords
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1.4.1 Objectives
1.4.2 Introduction
Indian economy had experienced major policy changes in early 1990s. The
new economic reforms, popularly known as, Liberalization, Privatization and
Globalization (LPG model) aimed at making the Indian economy a fast growing
one and becoming globally competitive. The series of reforms undertaken with
respect to industrial sector, trade as well as financial sector aimed at making
the economy more efficient.
With the onset of reforms to liberalize the Indian economy in July 1991, a new
chapter dawned for India and its huge population. This period of economic
transition had a tremendous impact on the overall economic development of
almost all major sectors of the economy. Besides, it also marked the advent
of the real integration of the Indian economy into the global economy.
To initiate the process of reforms, Govt. of India was required to take certain
bold initiatives and as such this led to opening up of the doors for foreign
investments and other measures.
With regards to India, this implies opening up the economy to foreign direct
investment by providing facilities to foreign companies to invest in different
fields of economic activities in India.
The process of globalization has been an integral part of the recent economic
progress made by India. Globalization has played a major role in export-led
growth, leading to the enlargement of the job market in India.
One of the major forces of globalization in India has been in the growth of
outsourced IT and business process outsourcing (BPO) services. The last few
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years have seen an increase in the number of skilled professionals in India
employed by both local and foreign companies to service customers in the US
and Europe in particular. Taking advantage of India’s lower cost but educated
and English-speaking work force and utilizing global communications
technologies such as ‘Voice-Over Internet Protocol’ (VOIP), email and internet,
international companies have been able to lower their cost base by
establishing outsourced knowledge-worker operations in India. Further, the
time zone advantage has also been tapped to the maximum level to derive
benefits. As the new Indian middle class has developed around the wealth
that the IT industries have brought to the country, a new consumer base
developed. International companies are also expanding their operations in
India to service this massive growth opportunity.
Indian economy was in deep crisis in July 1991, when foreign currency
reserves had plummeted to almost $1 billion; inflation had gone up to an
annual rate of 17 percent; fiscal deficit was very high and had become
unsustainable; foreign investors and NRIs had lost confidence in Indian
economy. Capital was flying out and the country was close to defaulting on
loans. Along with these bottlenecks at home, many unforeseeable changes
swept the economies of nations in Western and Eastern Europe, South East
Asia, Latin America and elsewhere, around the same time. There were
economic compulsions at home and abroad that called for a complete
overhauling of our economic policies and programs.
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privatization scheme, most of the public sector undertakings have
been/ are being disinvested.
c. The Industrial Licensing Regime: The country took a conscious
decision to de-license many of the industrial activities. This paved way
for increasing the confidence of private sector within the country and
foreign participants. Such a liberalized approach helped development
in manufacturing, financial and service sectors. At present, only very
few industries are under compulsory licensing mainly on account of
environmental safety and strategic considerations. A significantly
amended location policy in tune with the liberalized licensing policy is
in place. No industrial approval is required from the government for
locations not falling within 25 Kms. of the periphery of cities having a
population of more than one million.
d. Foreign Direct Investment (FDI): Permitting foreign participation in
investment activities is considered to be one of the right steps taken.
This liberalized approach resulted in inflow of foreign funds in a large
measure and opened up the economic development. A liberal and
transparent foreign investment regime has been put in place where
most activities are opened to foreign investment on automatic route
without any limit on the extent of foreign ownership. Some of the recent
initiatives taken to further liberalize the FDI regime include opening up
of sectors such as Insurance (up to 49%-now upto 74 %); Defence-
100% (Automatic up to 49% and Government Route beyond 49%),
development of integrated townships (up to 100%); defense industry (up
to 26%); tea plantation (up to 100% subject to divestment of 26% within
five years to FDI); enhancement of FDI limits in private sector banking,
allowing FDI up to 100% under the automatic route for most
manufacturing activities in SEZs; opening up B2B e-commerce;
electronic mail and voice mail to 100% foreign investment subject to
26% divestment condition; etc. The Government has also strengthened
investment facilitation measures through Foreign Investment
Implementation Authority (FIIA).
1.4.5 Financial Sector Reforms
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Switzerland where this BIS is located. These concepts took time to digest, and
the Reserve Bank of India (RBI) played a stellar role in bringing them in a
calibrated manner so that the system was not disrupted. Thus with the
reforms, the banks and Insurance companies have been given more freedom
to do business but are more closely regulated than in the past.
The liberalization measures taken and introduced made way for better global
participation in the various economic sectors of our country. Setting up of
automobile manufacturing units, participation in banking, collaborations
with foreign insurance companies, opening up of the insurance sector for
private players, development in aviation sector, huge impact in the IT field
and telecommunications have been possible mainly on account of
Liberalization, Privatization and Globalization in our country.
GST is one indirect tax for the whole nation, making India one unified
common market. GST is a single tax on the supply of goods and services, right
from the manufacturer to the consumer. In GST System, there is a provision
of ‘Credits of input taxes’ paid at each stage will be available in the subsequent
stage of value addition, which makes GST essentially a tax only on value
addition at each stage. To elaborate, in manufacturing process, the company
(say Company X) purchases some items from a supplier company (Say
Company Y). When the supplier company Y sells the component to the
Company X, it charges GST (say ₹1000/-). If the GST Liability on the final
product for Company X is say ₹2500, it can get the ‘input credit’ of ₹1000
already paid by Company Y and thus it has to effectively pay only ₹2500-
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1000= ₹1500. The final consumer will thus bear only the GST charged by the
last dealer in the supply chain, with set-off benefits at all the previous stages.
Uniformity of tax rates and structures: GST ensures that indirect tax rates
and structures are common across the country, thereby increasing certainty
and ease of doing business. In other words, GST makes doing business in the
country tax neutral, irrespective of the choice of place of doing business.
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would be simpler and easier to administer than all other indirect taxes of the
Centre and State levied so far.
Better controls on leakage: GST will result in better tax compliance due to a
robust IT infrastructure. Due to the seamless transfer of input tax credit from
one stage to another in the chain of value addition, there is an in-built
mechanism in the design of GST that would incentivize tax compliance by
traders.
Higher revenue efficiency: GST is expected to decrease the cost of collection
of tax revenues of the Government, and will therefore, lead to higher revenue
efficiency.
• For the consumer
Single and transparent tax proportionate to the value of goods and
services: Due to multiple indirect taxes being levied by the Centre and State,
with incomplete or no input tax credits available at progressive stages of value
addition, the cost of most goods and services in the country were laden with
many hidden taxes. Under GST, there is only one tax from the manufacturer
to the consumer, leading to transparency of taxes paid to the final consumer.
1.4.6.3 Which taxes at the Centre and State level has been subsumed
into GST?
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iv. Taxes on lottery, betting and gambling.
1.4.6.4 What are the major chronological events that have led to the
introduction of GST?
GST was introduced in the country after a 13 year long journey since it was
first discussed in the report of the Kelkar Task Force on indirect taxes. A brief
chronology outlining the major milestones on the proposal for introduction of
GST in India is as follows:
i. In 2003, the Kelkar Task Force on indirect tax had suggested a
comprehensive Goods and Services Tax (GST) based on VAT principle.
ii. A proposal to introduce a National level Goods and Services Tax (GST)
by April 1, 2010 was first mooted in the Budget Speech for the financial
year 2006-07.
iii. Since the proposal involved reform/ restructuring of not only indirect
taxes levied by the Centre but also the States, the responsibility of
preparing a Design and Road Map for the implementation of GST was
assigned to the Empowered Committee of State Finance Ministers (EC).
iv. Based on inputs from Govt. of India and States, the EC released its First
Discussion Paper on Goods and Services Tax in India in November,
2009.
v. In order to take the GST related work further, a Joint Working Group
consisting of officers from Central as well as State Government was
constituted in September, 2009.
vi. In order to amend the Constitution to enable introduction of GST, the
Constitution (115th Amendment) Bill was introduced in the Lok Sabha
in March 2011. As per the prescribed procedure, the Bill was referred
to the Standing Committee on Finance of the Parliament for
examination and report.
vii. Meanwhile, in pursuance of the decision taken in a meeting between
the Union Finance Minister and the Empowered Committee of State
Finance Ministers on 8th November, 2012, a ‘Committee on GST
Design’, consisting of the officials of the Government of India, State
Governments and the Empowered Committee was constituted.
viii. This Committee did a detailed discussion on GST design including the
Constitution (115th) Amendment Bill and submitted its report in
January, 2013. Based on this Report, the EC recommended certain
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changes in the Constitution Amendment Bill in their meeting at
Bhubaneswar in January 2013.
ix. The Empowered Committee in the Bhubaneswar meeting also decided
to constitute three committees of officers to discuss and report on
various aspects of GST as follows:-
(a) Committee on Place of Supply Rules and Revenue Neutral Rates;
(b) Committee on dual control, threshold and exemptions;
(c) Committee on IGST and GST on imports.
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its report on 22 July 2015. Finally GST Act was passed on 29th March
2017 and it has been made applicable w.e.f 01 July 2017.
Keeping in mind the federal structure of India, there are two components of
GST – Central GST (CGST) and State GST (SGST). Both Centre and States
simultaneously levy GST across the value chain. Tax is levied on every supply
of goods and services. The input tax credit of CGST is available for discharging
the CGST liability on the output at each stage. Similarly, the credit of SGST
paid on inputs is allowed for paying the SGST on output. No cross utilization
of credit is permitted.
The Central GST and the State GST are levied simultaneously on every
transaction of supply of goods and services except on exempted goods and
services, goods which are outside the purview of GST and the transactions
which are below the prescribed threshold limits. Further, both are to be levied
on the same price or value unlike State VAT which is levied on the value of
the goods inclusive of Central Excise. A diagrammatic representation of the
working of the Dual GST model within a State is shown in Figure 1.4.1 below.
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Figure 1.4.1: GST within State
78
discharging his output tax liability (both CGST and SGST) in his own State.
The Centre would transfer to the importing State the credit of IGST used in
payment of SGST. Since GST is a destination-based tax, all SGST on the final
product would ordinarily accrue to the consuming State.
A diagrammatic representation of the working of the IGST model for inter-
State transactions is shown in Figure 1.4.2 below.
Figure 1.4.2: Working of IGST
For the implementation of GST in the country, the Central and State
Governments have jointly registered “Goods and Services Tax Network”
(GSTN) as a not-for-profit, non-Government Company to provide shared IT
infrastructure and services to Central and State Governments, tax payers and
other stakeholders. It manages the entire IT system of the GST portal, which
is the mother database for GST. This portal is being used by the government
to track every financial transaction, and provides taxpayers with all services
– from registration to filing taxes and maintaining all tax details. The key
objectives of GSTN are to provide a standard and uniform interface to the
taxpayers, and shared infrastructure and services to Central and State/UT
governments. GSTN has developed a comprehensive IT infrastructure
including the common GST portal providing frontend services of registration,
returns and payments to all taxpayers, as well as the backend IT modules for
certain States that include processing of returns, registrations, audits,
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assessments, appeals, etc. All States, accounting authorities, RBI and banks,
are also preparing their IT infrastructure for the administration of GST.
There is no manual filing of returns under GST. All mis-matched returns
would be auto-generated, and there would be no need for manual
interventions. Most returns would be self-assessed.
The Additional Duty of Excise or Countervailing Duty (CVD) and the Special
Additional Duty or SAD hitherto being levied on imports, have been subsumed
under GST. As per explanation to clause (1) of article 269A of the Constitution,
IGST would be levied on all imports into the India. Unlike in the previous
regime, the States where imported goods are consumed would gain their share
from this IGST paid on imported goods.
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vii. GST to be levied on all goods and services, except alcoholic liquor for
human consumption. Petroleum and petroleum products shall be
subject to the levy of GST on a later date notified on the
recommendation of the Goods and Services Tax Council;
viii. Compensation to the States for loss of revenue arising on account of
implementation of the Goods and Services Tax for a period of five years;
ix. Creation of Goods and Services Tax Council to examine issues relating
to goods and services tax and make recommendations to the Union and
the States on parameters like rates, taxes, cesses and surcharges to be
subsumed, exemption list and threshold limits, Model GST laws, etc.
The Council shall function under the Chairmanship of the Union
Finance Minister and will have all the State Governments as Members.
The major features of the registration procedures under GST are as follows:
i. Existing dealers: Existing VAT/Central excise/Service Tax payers
would not have to apply afresh for registration under GST. Automatic
PAN based registration number would be generated.
• New dealers: Single application to be filed online for registration under
GST. The registration number will be PAN based and will serve the purpose
for Centre and State. Unified application to both tax authorities. Each dealer
to be given unique ID called Goods and Services Taxpayer Identification
Number (GSTIN). Deemed approval within three days. Post registration
verification in risk based cases only.
1.4.6.13 What are the major features of the returns filing procedures
under GST?
The major features of the proposed returns filing procedures under GST are
as follows:
i. Common return would serve both Centre and State Government.
ii. There are eight forms provided for in the GST business processes for
filing for returns. Most of the average tax payers use only four forms for
filing their returns. These are return for supplies, return for purchases,
monthly returns and annual return.
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iii. Small taxpayers: Small taxpayers who have opted composition scheme
have to file return on quarterly basis.
iv. Filing of returns has to be completely online. All taxes can also be paid
online.
1.4.6.13 What are the major features of the payment procedures under
GST?
The major features of the payments procedures under GST are as follows:
i. Electronic payment process- no generation of paper at any stage
ii. Single point interface for challan generation- through “GSTN” GST
Network
iii. Ease of payment – payment can be made through online banking,
Credit Card/Debit Card, NEFT/RTGS and through cheque/cash at the
bank
iv. Common challan form with auto-population features
v. Use of single challan and single payment instrument
vi. Common set of authorized banks
vii. Common Accounting Codes
Note: The above details are for reference purpose only. C-PEC does not claim the
Authencity of the source material. For additional details, readers are advised to refer
to the Government of India Website of GST www.gst.gov.in and Central Board of
Excise and Customs ( http://www.cbec.gov.in)
1.4.8 Keywords
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1.4.9 Check your progress-questions
State True or False
4. The LPG has come in the way of overall development in our country.
6. GST has simplified the tax system in India and reduced prices for the
consumers.
01. True 02. False 03. True 04. False 05. True 06. True
d. None of these
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c. Goods and Services Tariff
b. Banking
c. Insurance
d. All of these
a. GST is one tax for the whole nation making India one unified market.
a. Payments to be made
b. Balance of Payments
d. None of these
a. 15 August 1951
b. 02 October 1991
c. 01 July 2017
d. 01 Jan 2021
8. When the LPG measures for economic development were started in 1991,
who was the Prime Minister and Finance Minister?
84
b. Shri Atal Bihari Vajpeyi (PM) and Dr Man Mohan Singh (FM)
a. It will reduce the cost of local goods and services leading to increased
competitiveness of Indian products in the international market and give
boost to Indian exports
b. It will control the tax leakage and will result in better tax compliance
c. Both (a) and (b)
d. None of the above
01. (b) 02. (c) 03. (d) 04. (d) 05. (c) 06. (b)
Ravi Prakash Yadav (Editor), Ragini Deep (Editor), Puja Roy (Editor) (2009)
Globalization and the Indian Economy, New Century Publication
Pramod Rao & Anil Varma (2007) Globalization: Indian Financial Sector
Reforms, ICFAI
85
Unit 2: Indian Financial System
2.1.1 Objective
2.1.2 Introduction
2.1.11 Insurance
2.1.13 Keywords
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2.1.1 Objective
2.1.2 Introduction
The financial system also includes central bank of the country, commercial
banks, non-banking financial companies (NBFCs), stock exchanges, primary
dealers, financial institutions, insurance units, mutual funds and so on.
There are a set of people with surplus funds and there are those with a
deficit. A financial system or financial sector functions as an intermediary
and facilitates the flow of funds from the areas of surplus to the areas of
deficit.
The word "system", in the term "financial system", implies a set of complex
and closely connected institutions, agents, practices, markets, transactions,
claims, and liabilities in the economy. The financial system is concerned
about money, credit and finance. These three terms are closely related, yet
somewhat different from each other. Indian financial system consists of
financial markets, financial instruments and financial intermediation.
A financial market can be defined as the market in which financial assets are
created or transferred. As against a real transaction that involves exchange of
money for real goods and/ or services, a financial transaction involves
creation or transfer of a financial asset. Financial assets or financial
instruments represent a claim to the payment of a sum of money sometime
in the future and /or periodic payment in the form of interest or dividend.
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2.1.4.1 Money Market- The money market is a wholesale debt market for
low-risk, highly-liquid, short-term instruments. Funds are available in this
market for periods ranging from a single day up to a year. This market is
dominated mostly by government, banks and financial institutions. This
includes Call, Notice Money and Term Money Market.
2.1.4.2 Capital Market - The capital market is designed to finance the long-
term investments. This market deals in equities, bonds and other
instruments. An efficient capital market with adequate depth is essential in a
developing economy like India.
2.1.4.3 Forex Market - The Forex market deals with various currencies and
requirements which are met by exchange of currencies of different
countries. Depending on the applicable exchange rate, the transfer of funds
takes place in this market. This is one of the most developed and integrated
market across the globe.
2.1.4.4 Credit Market - Credit market is a place where banks, FIs and NBFCs
purvey short, medium and long-term loans to corporate and individuals.
Having designed the instrument, the issuer should then ensure that these
financial assets reach the ultimate investors. When the borrower of funds
approaches the financial market to raise funds, mere issue of securities will
not serve the purpose. Adequate information of the issue, issuer and the
security should be passed on. There should be a proper channel within the
financial system to ensure such transfer. To serve this purpose, financial
intermediaries came into existence.
The money market can be defined as a market for short-term money and
financial assets that are near substitutes for money. The term ‘short-term’
means generally a period up to one year and ‘near substitutes to money’ is
used to denote any financial asset which can be quickly converted into money
with minimum transaction cost.
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i. Call/Notice Money
ii. Treasury Bills
iii. Term Money
iv. Certificate of Deposit
v. Commercial Papers
2.1.6.1.1 Call /Notice-Money Market
Call/ notice money market is a ‘market’ in which banks borrow money for
their short term needs of liquidity or to meet their statutory reserve ratio
requirements. It is called ‘call’ because the money is returnable on call. Here,
the money is borrowed or lent on demand for a very short period- mostly one
day or ‘overnight’. When money is borrowed or lent for a day, it is known as
call (Overnight) money. Intervening holidays and/or Sunday are excluded for
this purpose. Thus money, borrowed on a day and repaid on the next working
day, (irrespective of the number of intervening holidays) is "Call Money". When
money is borrowed or lent for more than a day and up to 14 days, it is "Notice
Money". No collateral security is required to cover these transactions.
Treasury Bills are short term (up to one year) borrowing instruments of the
Union Government. It is a promise by the Government to pay a stated sum
after expiry of the stated period from the date of issue (91/182/364 days i.e.
less than one year). These are issued at a discount to the face value, and on
maturity, the face value is paid to the holder. The rate of discount and the
corresponding issue price are determined at each auction. These auctions are
conducted by RBI on behalf of the Central Government.
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a. Scheduled commercial banks excluding Regional Rural Banks (RRBs)
and Local Area Banks (LABs); and
b. Select all-India Financial Institutions that have been permitted by RBI
to raise short-term resources within the umbrella limit fixed by RBI.
Banks have the freedom to issue CDs depending on their requirements.
CDs issued by banks should have a maturity of not less than seven days and
not more than one year. Financial Institutions can issue CDs for a period
between 01 year and up to 03 years. CDs normally offer a higher rate of return
than Bank term deposit. CDs are rated by approved rating agencies like
CARE, ICRA, CRISIL, FITCH, etc; increasing their tradability in secondary
market. They are issued in denominations of Rs. One Lakh and in the
multiples of Rs. One Lakh thereafter.
a. The tangible net worth of the company, as per the latest audited
balance sheet, is not less than Rs. 4 crore;
b. The working capital (fund-based) limit of the company from the
banking system is not less than Rs. 4 crore and
c. The borrowal account of the company is classified as a Standard
Asset by the financing bank/s.
d. The minimum credit rating shall be P-2 of CRISIL or such equivalent
rating by other agencies.
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2.1.6.2 Capital Market Instruments
The capital market generally consists of the following long term period (more
than one year) financial instruments:
Hybrid instruments have both the features of equity and debt. Examples are
convertible debentures, warrants etc. where initially the instrument is a debt
instrument but the amount can be converted to equity shares on pre-decided
terms.
Till the mid-1980s, the Indian money market was having very few
instruments. The market was heavily regulated with regard to participants
and interest rates. In view of the recommendations of the committee to review
the working of the monetary system (Chairman Prof. Sukhamoy Chakravarty,
1985) and the working group on the money market (Chairman Shri N. Vagul,
1988), a number of measures were adopted by RBI to widen and deepen the
money market through institution building and instrument development. The
Discount and Finance House of India Ltd., (DFHI), was jointly set up by RBI,
public sector banks and financial institutions. DFHI commenced operations
in April, 1988 to deal in short term money market instruments. The main
objective was to improve liquidity.
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2.1.6.2.3 Call Money
The money market is a market for short-term financial assets that are close
substitutes of money. These market instruments are considered to be liquid
and can be converted quickly at low cost and provide an avenue for earning
on one side and make available the funds for the needy on the other side. The
call/notice money market forms an important segment of the Indian money
market. Under call money market, funds are transacted on overnight basis
and under notice money market for the period of 2 days and 14 days.
Some of the terms used in the money market and their meanings are
Prudent Limit
Eligible participants are free to decide on interest rates in call / notice money
market. Thus it is market driven and need based.
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It is also mandatory for all Negotiated Dealing System (NDS) members to
report all their call/ notice money market deals on NDS. Deals should be
reported within 15 minutes on NDS, irrespective of the size of the deal or
whether the counter party is a member of the NDS or not.
The minimum period of Repos is fixed at 1 day and the maximum period is
limited to 14 days. In India, Repo rates are determined on the basis of
expected call money rates during a reverse mark-up period.
A SLR surplus and CRR deficit bank can use the repo deals as a convenient
way of adjusting SLR/ CRR positions simultaneously. The Repo is a
convenient instrument for Asset –Liability Management (ALM).
Repo rate is the rate at which the RBI lends short-term money to the banks.
When the repo rate increases, borrowing from RBI becomes more expensive.
When RBI wants to make borrowing for the banks more expensive repo rate
is increased. Now this policy rate has become an important rate announced
by RBI periodically and is viewed as a signal from RBI by the market. At
present the repo rate is 5.40% as announced by RBI on 30 September 202211.
Reverse Repo rate is the rate at which banks park their short-term excess
liquidity with the RBI. RBI uses this tool depending upon requirements.
Reverse repo helps such banks to use their idle money for earning. Increase
in the reverse repo rate offers an opportunity for the banks to earn better. As
a result banks prefer to keep their money with the RBI and money from the
11
https://www.rbi.org.in/
93
market is squeezed out. At present the repo rate is 5.90% as announced by
RBI on 30 September 202212.
Capital Market deals with equities (shares) and long term debts. In the
Primary capital market, the securities are made available for the first time. In
the secondary market, the securities and shares are bought and sold on a
daily basis.
As per the provisions of the Indian Companies Act, a public limited company
has to offer its shares to public supported by a ‘Prospectus’ wherein necessary
information about the company is provided. All legal formalities relating to the
prospectus should be complied with. Securities Exchange Board of India
(SEBI) has issued detailed guidelines concerning disclosures by companies
issuing securities to public. The shares (security), issued for the first time to
the public by a new company are known as Initial Public Offer (IPO). These
new shares can be priced through the book building process or by a fixed
price method. In the fixed price method, the company decides the price in
consultation with the investment banker based on the feedback obtained by
the investment banker from various investors. This process is informal in
nature. Investment bankers, Mutual Funds, Insurance Companies, etc
underwrite the IPO. Underwriting commitments means that in case the issue
is not subscribed at the recommended price, then such underwriters would
take the unsubscribed portion to their books subject to the terms and
conditions of the underwriting agreements.
In the case of book building method, the issuer in consultation with the
investment banker, sets a price band at which the issuer and the lead placing
agent are comfortable that the issue will go through. The investors then put
their bids of various quantities at different prices. The price at which the issue
is fully subscribed is then fixed as the issue price and all the investors bidding
at this price or a higher price are allotted the appropriate quantities of shares.
Secondary market is the real active market. In India there are only two such
stock exchanges viz. National Stock Exchange (NSE) and Bombay Stock
Exchange (BSE). In these exchanges, share transactions take place in
volumes, in digital mode. Depending upon the various developments
internally and globally, the fluctuations take place in the secondary market
12
https://www.rbi.org.in/
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on an ongoing basis. The sentiment of the investors always gets reflected in
the secondary market. Stock Exchanges in India require recognition under
the Securities Contract Regulation Act (SCRA). The Act empowers the
Government to oversee the following:
Indian equity market is among the 10 biggest equity markets in the world. As
mentioned earlier, in India, there are only two stock exchanges viz. National
Stock Exchange (NSE) and Bombay Stock Exchange (BSE) where equity can
be traded. The BSE has been in existence since 1875. The NSE, on the other
hand, was founded in 1992 and started trading in 1994. However, both the
exchanges follow the same trading mechanism, trading hours and settlement
process. NSE was the first fully automated exchanger, providing electronic
clearing and settlement.
SEBI has made it compulsory for exchanges to ensure that most of the actively
traded securities are delivered in electronic form. Hence, now almost all the
securities are dealt in dematerialized or ‘demat’ form. Demat trading has
considerably reduced the risk of trading on the exchange.
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The National Securities Depository Ltd (NSDL) was set up in 1996. The
Bombay Stock Exchange with the help of the institutions has also set up the
Central Securities Depository Ltd. (CSDL).
The debt market consists of two segments, the government securities market
and the corporate debt market. The debt market in India is amongst the
largest in Asia. It includes Government securities, the largest component, and
the bonds issued by public sector undertakings, other Government bodies,
financial institutions, banks and companies.
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2.1.6.4.3 Bond Market
The instruments in the bond market consist of bonds and debentures issued
by financial institutions, public sector undertakings and corporates.
These are issued by public sector undertakings and private corporations for
a wide range of tenors normally up to 15 years, though some have issued
perpetual bonds also. These bonds have a higher risk of default.
2.1.6.4.3.2 Debentures
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• Professional guidance: Mutual Funds employ professionals to manage
the funds. Their experience and exposure help to spread the
investments and thereby reduce the possible risk. Further they keep
track of happenings in the markets so that they are in a better position
to make appropriate decisions about the investments. For an ordinary
investor, time factor, huge investment factor, lack of experience and
decision taking may not be always available at appropriate junctures.
2.1.6.4.5 Insurance
Insurance is of two types. (1) Life Insurance and (2) Non- Life or General
Insurance. Insurance business is a contract, mainly based on the principles
of insurance. Following are the important principles of insurance:
d. Indemnity: This means that the insurance is done only for the
coverage of the loss; hence insured should not make any profit from the
insurance contract. In other words, the insured should be compensated
the amount equal to the actual loss and not the amount exceeding the
loss.
e. Subrogation: Subrogation gives the right to the insurance company
to claim the amount of loss from the third-party responsible for the
same.
f. Principle of Loss minimization: It means that the insured person
should take all the necessary steps to control and reduce the losses. It
is his duty and responsibility.
g. Principle of Causa Proxima (Nearest Cause): This means that when
a loss is caused by more than one causes, then the nearest or the
closest cause should be taken into consideration to decide the liability
of the insurer.
98
Different types of policies are offered for different purposes by the insurance
companies. For many years, Life Insurance business was vested with only the
Life Insurance Corporation of India (Public Sector) and the General insurance
was confined with four Public Sector insurance companies viz., The National
Insurance Company Ltd, The United India Insurance Company Ltd, The New
India Assurance Company Ltd and The Oriental Insurance Company Ltd.
The liberalization in the field of insurance opened the doors for private sector
insurance business in both Life and Non-Life. This has led to number of
private sector insurance companies entering the industry.
The term ‘bancassurance’ came from the terms ‘bank’ and ‘insurance’.
Bancassurance means selling insurance product through banks. Bank and
insurance company come up in a partnership wherein the bank sells the
insurance products. In this, the role of banks is only to market and sell the
insurance products. Banks cannot take the responsibility of underwriting i.e.,
commitment for insurance payment and its settlement and payment.
Banks’ main business being accepting deposits and lending, there is a lot of
scope for the banks to deal with insurance business. In fact, banks have their
own assets and they need to be protected with proper and adequate insurance
coverage. They have a number of customers both depositors and borrowers.
Further, banks do obtain appropriate securities while lending. Those
security/assets need insurance coverage and protection. There are huge
opportunities for banks in marketing and selling insurance products.
Besides, over the years, banks are dealing with number of customers. They
offer variety of banking products. Obviously, when a bank offers additional
products like insurance, mutual funds, etc., it will be in a better position to
convince its customers. This brings additional source of revenue for the banks
as well.
99
Banks with Referral Arrangement with Insurance companies
Here, bank only refers the business to the insurance company with whom it
has tie-up arrangements. For this, the bank gets commission from the
insurance company but they do not have any insurance liability.
Under the corporate agency of insurance business, the bank does the work
till the issuance of the policy. The bank contacts the party interested in taking
an insurance policy, collects all the details and arranges to issue the policy
on behalf of the insurance company. The responsibility of claim settlement is
with the insurance company. Bank will be responsible as agent of the
insurance company, if the negligence is proved while issuing the policy.
Crop insurance
Life insurance and health insurance have been included as part of financial
inclusion efforts as the penetration of insurance in India is quite low. For this
purpose, simple insurance products have been introduced at a nominal
premium. Two such schemes in this regard are as under:
13
https://pmfby.gov.in/ext/rpt/ssfr_17
100
per annum is to be deducted from the account holder’s bank account through
‘auto-debit’ facility in one installment.
Under this scheme, the life cover of Rs. 2 lakh is available in case of death
due to any reason for a nominal premium of Rs 330 per year. The PMJJBY
is available to people in the age group of 18 to 50 years having a bank account
who give their consent to join / enable auto-debit.
Insurance business does not come under the purview of RBI. The regulator
for the Insurance sector is Insurance Regulatory and Development Authority
of India (IRDAI). The charges of insurance premium and commission to be
passed on to the banks by the insurance companies are the issues, which
come under IRDAI jurisdiction. IRDAI Head Office is at Hyderabad.
Financial system is one of the important support systems for any economic
development. A well-developed banking and financial sector extends support
for the smooth functioning of many other sectors. Besides banks, Money
Market, Capital Market, Mutual Funds and Insurance companies are
important components of ‘financial system’. All of them will have to be active
so that the benefits could be derived by one and all and it could help in
economic development of the country.
2.1.6.6 Keywords
2. A reduction in the SLR by the RBI will reduce credit flow into the system
101
4. Convertible debenture holder can never become the share holder at a
later date.
6. Repo rate is the rate at which the RBI lends short-term money to the
banks.
01. True 02. False 03. True 04. False 05. True 06. True 07. False
08. True
a. Money Market
b. Forex Market
c. Capital Market
a. Here money is lent for very short period (mostly one day)
b. Under this facility mostly the banks borrow for meeting statutory or
urgent liquidity needs
c. Government of India
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d. Multi-National Companies.
a. RBI
b. NABARD
c. SEBI
d. Government of India
8. What is ‘G-Sec’?
103
9. A public limited company is coming out with an Initial Public Offer (IPO)
and a person obtains his/her shares by applying.
a. In Primary Market
b. Secondary Market
c. Money Market
d. None of these
01. (d) 02. (c) 03. (c) 04. (a) 05. (a) 06. (c) 07. (c) 08.
(d) 09. (a) 10. (b)
IIBF (Indian Institute for Banking and Finance) (2008) - Principles & Practices
of Banking – IIBF, Mumbai
104
2.2 Lesson No. 2 Reserve Bank of India & NABARD
2.2.1 Objectives
2.2.2 Introduction
2.2.3 Role & Functions of RBI
2.2.8 Keywords
2.2.9 Check Your Progress -questions
2.2.10 Terminal Questions
2.2.11 References for further reading
105
2.2.1 Objectives
The RBI uses the following measures to have proper control and monitoring.
106
the need, RBI either increases this ratio or reduces. As of
September 2022 the CRR is 4.5%14.
CRR and SLR are the traditional tools used by RBI as monetary
instruments for controlling money flow or liquidity and credit flow
in the economy. They also help in protecting the banking system
from sudden unforeseen risks.
14
All the rates mentioned are taken from RBI Website (https://rbi.org.in) in June 2021. Please refer to the
website for latest information.
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• Repo / Reverse Repo (Repurchase facility): Under LAF scheme,
‘Repo auctions’ (meaning repurchase) are conducted by RBI for
absorption of liquidity and ‘Reverse repo auctions’ are conducted
for injection of liquidity or lending to banks. These auctions are
conducted on a daily basis. The underlying mechanism involves
sale and repurchase of securities. When it sells securities, it
withdraws liquidity from the market and when it repurchases, it
injects liquidity into the system. Repo rate is the rate at which the
RBI lends short-term money to the banks (5.9% as on september
2022 ). Reverse Repo rate is the rate at which banks park their
short-term excess liquidity with the RBI (3.35% in sept. 2022).
These rates under the liquidity adjustments facility determine the
‘corridor’ for short term money market (interest rates). In turn,
this is expected to trigger movements in other segments of the
financial market and the real economy.
All these rates are subject to changes and cannot be constant. Various
factors influence RBI’s decision to change the rate of Repo, Reverse
Repo and Bank Rate from time to time.
(ii) Issue of Currency Notes: RBI has the sole right/ authority/
monopoly to issue currency notes except one rupee note. These
currency notes are legal tender issued by RBI. RBI has power not
only to issue and withdraw but even to exchange these currency
notes for other denominations. It issues these notes against the
security of gold bullion, foreign securities, rupee coins, exchange
bills and promissory notes and Government of India bonds. At
present, notes in India are issued in the denomination of ₹1, ₹2, ₹5,
₹10, ₹20, ₹50, ₹100, ₹200, ₹500 and Rs.2000. Barring ₹1, all other
notes are issued by RBI.
(iii) Banker’s Bank: RBI being the apex monetary institution, has
obligatory powers to guide, help and direct other commercial banks
in the country. RBI can control the volumes of banks reserves and
allow other banks to create credit in that proportion. As and when
banks need money they can approach RBI and as the ‘lender of the
last resort’, RBI extends its support to such banks to ensure smooth
functioning.
(iv) Banker to the Government: RBI, being the apex monetary body,
has to work as an agent of the Central and State Governments. It
performs various banking functions such as accepting deposits,
taxes and making payments on behalf of the government. It works
as a representative of the government even at the international level.
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It maintains government accounts and provides financial advice to
the government. It manages government public debts and maintains
foreign exchange reserves on behalf of the government. It provides
overdraft facility to the government, when it faces financial crunch,
(when the expected revenues are not generated) on a temporary basis
by extending Ways and Means Advances (WMA).
(vii) Supervisory Function: RBI has been given vast powers for
supervising the banking system in the country. It has powers to
issue licenses for setting up new banks, opening new branches, to
decide minimum reserves, to inspect functioning of banks and to
guide and direct the banks in India. It conducts periodical
inspections and audit of the banks in India.
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important role in developing agriculture and rural sector in the country
by incentivizing credit flow to agriculture and rural development
activities by way of its policies including establishment of focused banks
like Regional Rural Banks, Small Finance Banks, etc. It has given a
major boost to agriculture and rural development by setting up National
Bank for Agriculture and Rural Development (NABARD) in the year
1982.
Reserve Bank of India is the Central Bank of the country and hence is the
regulator and supervisory authority for the banks. It has authority to regulate
and administer the entire banking and financial system. Some of its
supervisory functions are:
ii. Bank Inspection: To ensure whether the directions of RBI are followed
and the banks are doing their respective functions effectively, RBI
conducts inspections of banks from time to time. Inspections of
Regional Rural Banks and Rural Cooperative Banks, however are
conducted by NABARD.
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regulatory and supervisory objective of RBI, is to ensure healthy growth
of the financial companies and to ensure that these companies
function as a part of the financial system within the policy
framework, in such a manner that their existence and functioning do
not lead to systemic aberrations; and that the quality of surveillance
and supervision exercised by the Bank over the NBFCs is sustained by
keeping pace with the developments that take place in this sector of
the financial system.
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November 1982. Consequent to the revision in the composition of share
capital between Government of India and RBI, NABARD today is fully owned
by Government of India. (NABARD, 2021)
• Financial:
o Promote the principles of “Development through credit” by
providing refinance to lending institutions in rural areas
o Supporting Government of India, state governments and
certain other institutions for infrastructure development
o Providing innovative solutions to the problems of rural India
either directly or through its subsidiaries or partner
institutions
• Developmental:
o Bringing about or promoting institutional development
o Acting as a coordinator in the operations of rural credit
institutions
o Extending support and help to the government, RBI and other
organizations in matters relating to rural development
o Offering capacity building, training, research, and
information/ data to banks, cooperatives and other
organizations and people working in the field of agriculture
and rural development
o Helping the state governments in agriculture and rural
development
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• Supervision:
o Acts as supervisor for rural cooperative banks and RRBs
2.2.4.3 Activities of NABARD
• Credit related
• Developmental and promotional activities including Institutional
Development and capacity building
• Supervisory
i. Credit related Activities
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marketing purposes including State
Handloom Development Corporations
• Medium-term (conversion) loans-
when crop losses occur due to
drought, floods, etc.
• Term loans for investment purposes-
like dairy, poultry, warehousing, cold
store etc.
• Financing working capital by State
Co-operative Banks
• Direct refinance to Cooperative Banks
(ii) Long-term Co-operative • Term loans for investment
Structure (State Co-operative purposes
Agriculture and Rural
Development Banks, • Pilot scheme for financing short
Primary Co-operative term loans in three states
Agriculture and Rural
Development Banks)
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• Capacity building of cooperative banks and Regional Rural Banks to
improve management, governance and business for sustainable
viability
• Helping cooperative banks and RRBs in adopting Core Banking
Solution (CBS) for bank operations. Besides CBS, support is
extended to cooperatives and RRBs for adoption of technology for
financial inclusion and financial literacy.
• Entering into MoU with State Governments and cooperative banks
specifying their respective obligations to improve the affairs of the
banks in a stipulated timeframe.
• Helping RRBs and the sponsor banks to enter into MoUs specifying
their respective obligations to improve the affairs of the RRBs in a
stipulated timeframe.
• Facilitate preparation of Development Actions Plans (DAPs) for the
coop banks and RRBs and monitoring implementation of
development action plans of banks and fulfillment of obligations
under MoUs.
• Providing Organisation Development Intervention (ODI) to
cooperative banks and RRBs.
• Helping cooperatives in improving capacity of training institutions of
cooperatives by accreditation with CPEC (Centre for Professional
excellence in Cooperatives) at BIRD Lucknow. Besides this, faculty
development and other trainings for faculty and staff of cooperatives
are also conducted/ sponsored.
• Providing financial support for the training institutes of cooperative
banks.
• Providing training for senior and middle level executives of
commercial banks, Regional Rural Banks and cooperative banks.
• Providing financial assistance to cooperative banks for building
improved management information system, computerization of
operations and development of human resources.
• Supporting Self Help Group (SHG) movement since 1992 and
helping crores of poor women through this movement.
• Supporting Farmer Producer Organisation (FPO) movement by
promotional and financial support.
• Provide consultancy services in the field of agriculture and rural
development and other related matters in or outside India, on such
terms and against such remuneration, as may be agreed upon.
115
• Helping Government of India and state governments in
implementing schemes where subsidy is routed through banks.
• NABARD also plays a role in Climate Change projects as it is
National Implementing Entity for 3 important funds- ‘Adaptation
Fund’ and ‘Green Climate Fund’ of the United Nations Framework
Convention on Climate Change (UNFCCC) and National Adaptation
Fund for Climate Change (NAFCC) of India
• Generally providing support, guidance and help in all the matters of
agriculture and rural development to major stakeholders.
Supervision related activities
As the Central Bank of the country, Reserve Bank of India, among other
aspects, ensures smooth functioning of banking system in the country. As a
regulator having vast powers, RBI guides and directs the banks and financial
institutions. It has control on the credit availability in the system, money
supply and monetary position. RBI also oversees the overall functioning of
banking in the country.
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2.2.6 Keywords
Reserve Bank of India, CRR, SLR, Bank Rate, Repo and Reverse Repo Rates,
Functions, Role, NABARD, Refinance, Regulator, CRAFICARD, Investment
Credit, Bank Inspection , cooperative bank, RRBs, Development Action Plan
4. Reserve Bank of India is the Central Bank of the country and regulator
of all the banks.
6. RBI prepares, on annual basis, rural credit plans for all districts in the
country; these plans form the base for annual credit plans of all rural
financial institutions
01. False 02. True 03. False 04. True 05. True 06. False 07. True
117
c. At present the CRR is around 4.5% (as of September 2022)
a. Repo rate is the rate at which the RBI lends short-term money to the
banks
b. Reverse Repo rate is the rate at which banks park their short-term
excess liquidity with the RBI
a. Bankers Bank
06. Identify the incorrect one with regard to currency note (denomination)
issued by the Reserve Bank of India
a. Rs10
b. Rs 20
c. Rs250
d. Rs.500
a. 1947
b. 1991
118
c. 1982
d. 1951
119
Key to terminal questions
01. (c) 02. (d) 03. (a) 04. (c) 05. (d) 06. (c) 07. (c) 08. (b) 09. (c)
10 c) 11. (c)
2.2.9 References for further reading
120
2.3 Lesson No. 3 Banking Industry
2.3.1 Objectives
2.3.2 Introduction
2.3.3 Types of Banks
2.3.3.1 Scheduled Banks
2.3.3.2 Non Scheduled Banks
2.3.3.3 Commercial Banks
2.3.3.4 Cooperative Banks
2.3.3.5 Other Cooperative Credit Institutions- PACS and ARDBs
Let Us Sum Up
2.3.8 Keywords
2.3.9 Check Your Progress-questions
2.3.10 Terminal Questions
2.3.11 References for further reading
121
2.3.1 Objectives
• The various types of banks in our banking system and their importance.
• The significance of Priority Sector Lending and
• Different types of Development Financial Institutions.
2.3.2 Introduction
Indian Banking System has grown over the years, especially post
nationalization. The banking units are spread across the length and breadth
of the country. Subsequent developments witnessed the growth of private
sector banks. The structure of banking in the country is depicted in Figure
2.3.1.
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Figure 2.3.1: Structure of Banking in India
Public Sector
Urban Cooperative Banks
Banks
Private Sector
Banks, SFB, Rural Cooperative Banks (State Coop Banks & DCCBs)
Payment Banks
Foreign Banks
The banking industry consists of the central bank viz., Reserve Bank of India,
commercial banks, including Regional Rural Banks (RRBs), and recently
started Small Finance Banks (SFBs) and Payment Banks and co-operative
banks. Development banks like NABARD, SIDBI, National Housing Bank
(NHB) and Export Import Bank of India (EXIM bank) also function to take care
of certain specific functions. Commercial and Co-operative banks are
classified into Scheduled and Non-scheduled banks.
The ‘Second schedule’ of the RBI Act, 1934 contains a list of banks known as
‘Scheduled Banks’. A scheduled bank should have paid up capital and
reserves as prescribed by the Act. As per Sec 42 (6) of the RBI Act, 1934, the
required amount is Rs. 5 lakh. Today, the minimum capital required to start
a new bank is Rs. 500 crores. The ‘scheduled bank’ status would be available
only when the banking business is managed in a manner which, in the
123
opinion of Reserve Bank of India, is not detrimental to the interests of its
depositors.
The scheduled banks are required to maintain Cash Reserve Ratio and
Statutory Liquidity Ratio, as prescribed from time to time, as per the
provisions of the Reserve Bank of India Act and the Banking Regulation Act.
Being under the direct control of RBI, they are entitled to receive refinance
form the Reserve Bank of India. They can have currency chest facility and
can, become a member and participate in, the clearing transactions. They are
required to submit various returns and statements as directed by Reserve
Bank of India, which helps RBI to have information about the functioning of
such banks. State Bank of India, nationalized banks, private sector
commercial banks, RRBs and many co-operative banks have scheduled
banks’ status.
Those banks which are not included in the second schedule of the Reserve
Bank of India Act are known as ‘Non-Scheduled Banks’. They are not entitled
to facilities like refinance and rediscounting of bills from RBI. They do not
enjoy the privileges that are available to the scheduled banks.
Notwithstanding this limitation, they can carry out banking activities like
deposit and advances etc., subject to certain terms and conditions. A number
of urban co-operative banks and the District Central Cooperative Banks figure
in this category.
These banks have been providing various types of other facilities such as
Automated Teller Machines (ATM), ATM card cum Debit cards, Credit Cards,
e-banking, bill payments, cross-selling of insurance and mutual fund
products, etc. Commercial banks offer variety of deposit products and engage
themselves in giving loans and advances to number of borrowers. With the
introduction of Core Banking Solution (CBS), the banks are in a position to
offer banking facilities across the country from any branch.
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These banks provide credit facilities for manufacturing, trading and other
business activities. Besides, consumer loans, educational loans, housing
finance, finance for vehicles etc., are also provided to individuals. These banks
also extend credit support for agriculture and rural developmental activities,
services to Non-Resident Indians and Trade Finance.
Cooperative banks are unique institutions which are owned by people who
are owners (shareholders) as well as customers of the bank. These banks are
registered under Cooperative Societies Act of the state where they operate or
Multistate Cooperative Act- if they operate in more than one state. However,
to function as a bank, they have to obtain a license from RBI. Thus they are
governed by two authorities – the cooperation department and the RBI- this
is called ‘Dual Control’, which puts certain limitations on these banks. The
co-operative banks are managed by the Board of Directors on the principles
of co-operation, self-help and mutual help. They function as per rule of ‘one-
member- one vote’. On the basis of the business they are engaged in, the
cooperative banks can be broadly classified as Rural Cooperative Banks and
Urban Cooperative Banks.
15
In Kerala the structure has been changed in 2020 from 3 tier to 2 tier with the merger of 13 DCCBs into State
Cooperative Bank – named “Kerala Bank”. One DCCB- Mallapuram DCCB has however not merged with the
Kerala Bank.
125
as well as other services like fertilizer, pesticide supply, public
distribution system, consumer store etc..
(i) PACS: PACS are the grass-root level institutions working as extended
arm of the DCCBs and are ideally suited to become ‘one stop shop’ for
all the needs of rural society. There are 95995 PACS in the country
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covering almost all the villages and on an average one PACS covers
around 6 villages. These PACS have a total membership of 13.05 crore
as on 2022- thus almost all the farmers are members of these
institutions. They deliver credit, supported by the DCCBs, StCBs and
NABARD and have several other businesses as per the needs of the
rural people of the area and capacity of the local management.
It is pertinent to mention that cooperative banks are a part of the vast and
powerful superstructure of cooperative institutions which are engaged in
various credit and non-credit activities like production, processing,
marketing, servicing, distribution and banking in India. Co-operative banks
have also been made an integral part of the institutional framework of
community development and extension activities/ services which are
assigned the important role of delivering the results of economic planning at
the grass root levels.
127
These institutions offer banking services with credit dispensation being
focused on the small and marginal farmers. At their peak, there were 196
RRBs in the country but for improving their performance, many of them have
been amalgamated through three rounds of restructuring and at present,
there are 43 RRBs in the country (GoI, 2021)16. The RRBs have emerged as
strong institutions after the amalgamation.
3. Payments Bank
Payments Banks are a new category of banks which are basically meant for
payments and remittances and not full-fledged banking. These banks came
in existence based on the recommendation of the “Committee on
Comprehensive Financial Services for Small Businesses and Low Income
Households”, headed by Shri Nachiket Mor. The report was submitted in 2014
and after accepting the recommendations, RBI invited applications for
payments Bank licenses in 2014 itself.
Payments Banks differ from normal ‘universal banks’ in several ways. They
can’t (i) accept deposits above Rs.1.00 lakh from one customer, (ii) issue credit
cards, (iii) open accounts of NRI and (iv) give any type of loan to its customers
or otherwise. They have to invest 75% of their demand deposits in Government
Securities. The objective of establishing Payments Bank in the country was to
further financial inclusion by providing Small Saving Accounts and
payments/remittance services to migrant labourers, low income households,
small business and other unorganized sectors using digital technologies.
The first Payments Bank license was given by RBI to Airtel Payments Bank
on April 11, 2016. Of the 7 payments banks that were given license to run the
business, Fino Payments Bank, India Post Payments Bank and Airtel
Payments Bank have started full-fledged operations. One Payment bank, viz.,
Aditya Birla Payments Bank has already closed its operations. Thus, as on
June 2021, there are 6 Payment Banks in the country.
16
GoI Dept of Financial Services website : https://financialservices.gov.in/list-rrbs-functioning-country
128
(ii) Supply of credit to small business units, small and marginal farmers,
micro and small industries and other un-organized sector entities
through high technology, low cost operations.
These banks are required to lend 75% of adjusted net bank credit to priority
sector and 50% of their loan portfolio should contain loan below Rs.25.00
lakh.
The Jalandhar-based Capital Local Area Bank Ltd (CLABL), under a new
name “Capital Small Finance Bank Limited” became the India's first small
Finance bank (SFB) on April 13, 2016. Presently there are 11 small finance
banks in the country. AU Small Finance bank, Jana Small Finance Bank,
Equitas Small Finance Bank are some of the small Finance Banks.
5. Development Banks
The functioning and support of the commercial banks, co-operative banks
and RRBs alone cannot serve the purpose of an efficient financial system.
While these banks predominantly take care of the financial needs of their
borrowers on a short term credit basis requirements, there needs to be
specialized and specific institutions to provide medium and long term
finances. This requires separate attention and huge funds outflow. Hence
there is a need to have development financial institutions in the financial
system.
129
is playing an important role by supporting small and micro-entrepreneurs.
The main development banks / institutions are discussed briefly below
(NABARD is not mentioned here as NABARD has already been discussed in
detail earlier):
IFCI has been the first term-lending institution, set up in July 1948 by
Government of India, to provide medium and long-term finance to large
industrial concerns in the private sector (corporate sector). Finance is
provided for setting up new industrial projects as also for expansion,
diversification and modernization.
Until the establishment of ICICI in 1956 and IDBI in 1964, IFCI remained
solely responsible for implementation of the Government’s industrial policy
initiatives. It made a significant contribution to the modernization of Indian
industries, export promotion, import substitution, pollution control, energy
conservation and generation through commercially viable and market-friendly
initiatives. It can grant long term loans repayable up to 25 years. IFCI has
been playing an important role in the development of the country.
ICICI was set up in 1955 as a public limited company under the sponsorship
of the World Bank. It was set up to encourage and provide support to the
corporate sector in India by way of medium and long term loans, technical
and management services, underwriting services for the issue of shares and
debentures and generally helping the industries by providing diversified
financial services.
In October 2001, the Board of Directors of ICICI and ICICI Bank approved the
merger of ICICI with ICICI Bank. Consequent to the merger, the ICICI group's
financing and banking operations, both wholesale and retail, were integrated
in a single entity. ICICI Bank is a privately owned company now with no
participation by the government in its share capital. Partly owned by the
Indian private sector and, partly by the foreign institutions, it adopts the
universal banking concept and extends all types of banking services including
the role played by a development financial institution.
IDBI was set up in July 1964 as a wholly owned subsidiary of the RBI. Later
on, it was delinked from RBI and became an organization wholly owned by
the government. Considered as the apex institution in the field of industrial
finance, it also acted as a development financing agency, in addition to its
work of coordinating, supplementing and monitoring the operations of other
130
term lending institutions. It provided comprehensive services including
technical and administrative assistance for the companies, conducting
market and investment research and surveys, discounting/ rediscounting
long-term bills and promissory notes, etc.
In response to the felt need and on commercial prudence, it was decided to
transform IDBI into a Bank from 2004 and since then it has been functioning
as a bank.
Small Industries Development Bank of India (SIDBI) was set up in April 1990
to provide financial and non-financial support to small scale industries. It is
the principal financial institution for the promotion, financing and
development of the Micro, Small and Medium Enterprise (MSME) sector and
for co-ordination of the functions of the institutions engaged in similar
activities.
NHB was established in July 1988 as an apex level housing finance institution
as a wholly owned subsidiary of the RBI. The primary objective is to promote
housing finance institutions, at local and regional levels, in the private and
public sectors. It refinances housing loans under its refinance schemes for
scheduled commercial banks, co-operative banks, housing finance companies
and co-operative housing finance societies.
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SFCs play an important role in their own state in the development of small
and medium enterprises to bring regionally balanced growth in the economy.
They act as a catalyst in small scale industrial growth by providing complete
consultancy, advisory, investment appraisal services, etc. They obtain funds
through loans from RBI, the State Governments and SIDBI. They also enjoy
refinance facilities from SIDBI. The activities of SFCs are under the overall
control and supervision of RBI.
It may be seen from above that India has a wide institutional structure for
supporting various sectors of the economy.
The banking industry in our country has been entrusted with the
responsibility of supporting the developmental efforts which are priority for
the nation. These sectors and activities are termed as ‘priority sectors’. As
finance is a very crucial input for development, banks are expected to support
these ‘priority sectors’ with financial support in the form of credit. Priority
Sector Lending refers to lending to those sectors of the economy which may
not get timely and adequate credit in the absence of this special dispensation.
Prior to the nationalization of banks in 1969, the most important sector of the
economy at that point in time i.e. agriculture was in need of funds but it was
not receiving credit from the commercial banks. Thus, in July 1966, the “All
India Rural Credit Review Committee” appointed by RBI, recommended that
the commercial banks should play a complementary role in extending the
rural credit. Although, this Committee’s report used the term ‘Priority Sector’,
it was not officially made the policy till then by RBI. Nonetheless, this moment
can be traced as the origin of Priority Sector Lending (PSL) in India. In 1969
the nationalization of commercial banks started and Lead Bank Scheme was
also introduced in 1969, both of which also gave lot of thrust to this idea.
However, the definition for PSL was only formalised by RBI in 1972. The RBI’s
definition and coverage of Priority Sectors for the banks has been undergoing
changes to align these guidelines with emerging national priorities and to
bring sharper focus on inclusive developments. RBI issues the guidelines as
‘Master Directions for Priority Sector Lending’ in exercise of the powers
conferred by Sections 21 and 35A read with Section 56 of the Banking
Regulation Act, 1949, as it considers it necessary and expedient in the public
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interest. The important highlights of the latest classification as per the ‘Master
Directions’ of RBI as modified in April 2021 are presented below17:
(i) Agriculture
(ii) Micro, Small and Medium Enterprises
(iii) Export Credit
(iv) Education
(v) Housing
(vi) Social Infrastructure
(vii) Renewable Energy
(viii) Others
3. What are the Targets and Sub-targets for banks under priority
sector?
The targets and sub-targets for banks under priority sector are as follows:
17
RBI Master Directions FIDD.CO.Plan.BC.5/04.09.01/2020-21 dated 04 Sept 2020 updated 29 April 2021. Here
we have presented only the highlights as considered sufficient for the course. For full details please refer to
this Master Direction.
133
Total 40 per cent of 40 per 75 per cent of 75 per cent
Priority Adjusted Net Bank cent of ANBC or of ANBC or
Sector Credit (ANBC) or ANBC or CEOBE CEOBE
Credit Equivalent
CEOBE, whichever is whichever is
Amount of Off-
Balance Sheet whichever higher. higher.
Exposure (CEOBE)18, is higher.
whichever is higher.
Agriculture Not 18 per cent of 18 per cent
# applicable ANBC or of ANBC or
18 per cent of ANBC CEOBE, CEOBE,
or CEOBE, whichever whichever is whichever is
is higher. Within the higher. Within higher.
18 percent target for the 18 percent Within the
agriculture, a target target for 18 percent
of 10 percent* is agriculture, a target for
prescribed for Small target of 10 agriculture,
and Marginal percent* is a target of
Farmers (SMF). prescribed for 10 percent*
SMF. is prescribed
for SMF.
18
Exposure to off balance sheet items is not common among cooperative banks but in
commercial banks it may appear. These are certain transactions which don't appear on the
balance sheet hence are clubbed under off-balance sheet exposure. Eg- Letters of
undertaking, leasing assets, letters of credit etc
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Categories Primary Urban Cooperative Bank
Total 40 per cent of ANBC or CEOBE, whichever is higher, which
Priority shall stand increased to 75 per cent of ANBC or CEOBE,
Sector whichever is higher, with effect from March 31, 2024. UCBs
shall comply with the stipulated target as per the following
milestones
For the purpose of priority sector lending, ANBC denotes the outstanding
Bank Credit in India and is computed as follows :
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Investments made by public sector banks in the VII
Recapitalization Bonds floated by Government of India
Other investments eligible to be treated as priority sector (e.g. VIII
investments in securitised assets)
Face Value of securities acquired and kept under HTM IX
category under the TLTRO 2.0 (Targeted Long-Term Repo
Operations 2.0) and SLF-MF (Special Liquidity Facility for
Mutual Funds) announced to provide liquidity for mitigating
COVID impact
Bonds/debentures in Non-SLR categories under HTM category X
For UCBs: investments made after August 30, 2007 in XI
permitted non SLR bonds held under ‘Held to Maturity’ (HTM)
category
ANBC (Other than UCBs) III + IV- (V+VI+VII) +VIII - IX + X
ANBC for UCBs III + IV - VI - IX + XI
In simple words the net bank credit is the loans outstanding on a particular
date.
The activities covered under Agriculture are classified under three sub-
categories viz. Farm credit, Agriculture infrastructure and Ancillary
activities.
Loans to Self Help Groups (SHGs) or Joint Liability Groups (JLGs), i.e.
groups of individual SMFs directly engaged in Agriculture and Allied
Activities is part of PSL.
While DCCBs are allowed to lend to cooperative of farmers, UCBs are not
permitted to lend to co-operatives of farmers.
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• Loans up to ₹5 crore to co-operative societies of farmers for purchase
of the produce of members (Not applicable to UCBs)
• Loans up to ₹50 crore to Start-ups, as per definition of Ministry of
Commerce and Industry, Govt. of India that are engaged in agriculture
and allied services
• Loans for Food and Agro-processing up to an aggregate sanctioned
limit of ₹100 crore per borrower from the banking system
For classification under priority sector, no limits are prescribed for bank
loans sanctioned to Micro, Small and Medium Enterprises engaged in the
manufacture or production of goods under any industry specified in the first
schedule to the Industries (Development and Regulation) Act, 1951 and as
notified by the Government from time to time. The manufacturing
enterprises are defined in terms of investment in plant and machinery under
MSMED Act 2006.
All loans to units in the KVI sector are eligible for classification under the
subtarget of 7.5 percent prescribed for Micro Enterprises under priority
sector.
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also eligible for classification as priority sector loans under ‘Social
Infrastructure’ subject to certain criteria.
8. What is the applicable limit and purpose for loans for renewable
energy under priority sector?
Bank loans up to a limit of Rs 30 crore for purposes like solar based power
generators, biomass based power generators, wind mills, micro-hydel plants
and for non-conventional energy based public utilities viz. street lighting
systems, and remote village electrification are eligible to be classified under
priority sector loans under ‘Renewable Energy’. For individual households,
the loan limit is Rs 10 lakh per borrower.
10. What is the limit for housing loans under priority sector?
No. Category
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4. Scheduled Castes and Scheduled Tribes
Bank credit to MFIs (NBFC-MFIs, societies, trusts, etc.) extended for on-
lending to individuals and also to members of SHGs/JLGs is eligible for
categorisation as priority sector advance under respective categories viz.,
Agriculture, Micro, Small and Medium Enterprises, Social Infrastructure
and Others.
13. What ‘Other’ activities are eligible for classification under priority
sector lending?
a. Financing people with low income: Loans not exceeding ₹1.00 lakh per
borrower provided directly by banks to individuals and individual members
of SHG/JLG, provided the individual borrower’s household annual income
in rural areas does not exceed ₹1.00 lakh and for non-rural areas it does not
exceed ₹1.60 lakh, and loans not exceeding ₹2.00 lakh provided directly by
banks to SHG/JLG for activities other than agriculture or MSME, viz., loans
for meeting social needs, construction or repair of house
139
b. Loans to distressed persons [other than distressed farmers indebted to
non-institutional lenders] not exceeding ₹1.00 lakh per borrower to prepay
their debt to non-institutional lenders
16. What is the rate of interest for loans under priority sector?
The rate of interest on bank loans will be as per directives issued by the
Department of Banking Regulation of RBI, from time to time. Priority sector
guidelines do not lay down any preferential rate of interest for priority sector
loans.
RBI vide FIDD Circular dated March 1, 2018, clarified that the banks can
treat the entire outstanding portfolio of lending to MSMEs under priority
sector without any cap, from the date of the circular, i.e., March 1, 2018.
140
Monitoring of Priority Sector Lending targets
RBI monitors the PSL related target and achievement data on quarterly basis
through Financial Inclusion and Development Department (FIDD). In case of
RRBs, the data are monitored by NABARD.
Banks having any shortfall in lending to priority sector are allocated amounts
for contribution to the Rural Infrastructure Development Fund (RIDF)
established with NABARD and other funds with NABARD/NHB/SIDBI/
MUDRA Ltd., as decided by the Reserve Bank from time to time.
With effect from March 31, 2021, all UCBs (excluding those under all-
inclusive directions) are required to contribute the shortfall in lending to
priority sector to Rural Infrastructure Development Fund of NABARD and
other funds with NABARD/NHB/SIDBI/ MUDRA.
Any economic development needs adequate financial support. This calls for
well-defined and professionally managed financial institutions support. In
this direction, banking system and financial institutions play an important
role. We have several kinds of banks such as Commercial banks, RRBs, SFBs,
Payment Banks, Co-operative banks (rural and urban cooperative banks). All
of them play their role in supporting the people, businesses and organisations
towards their daily needs of banking. These banks collect funds by way of
deposits and utilize them to lend or participate in investment activities. The
lending helps the people to access credit and in turn helps economic
development. In addition to the commercial and co-operative banks, the
development financial institutions such as NABARD, IFCI, ICICI, IDBI, SIDBI,
NHB, SFCs and MUDRA contribute towards the growth of financial system.
Priority sector concept has helped to a greater extent for many, especially the
poor, to get bank finance for various productive purposes. Since there is a
mandate for the banks to lend compulsorily towards agriculture and other
priority sector purposes, this has helped in rural development as well.
2.3.6 Keywords
01. True 02. False 03. True 04. True 05. True 06.True 07.True 08.False
09. True 10. True
142
2.3.8 Terminal/ Multiple Choice Questions
1. Regional Rural Banks were first setup based on the Regional Rural
Banks Act passed in the year ____?
a. 1976.
b. 1947
c. 1991
d. 1951
2. In India, the Cooperative Credit Societies Act was passed in the year:
a. 2011
b. 1991
c. 1904
d. 1947
c. Cooperative Banks
a. SIDBI
b. NABARD
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d. All Time Money
8. As per ‘Priority Sector’ guidelines of RBI, all the commercial banks and
UCBs have to achieve a minimum of ____ % of outstanding credit.
a. 20%
b. 40%
c. 60%
d. 80%
a. All cooperative banks are credit societies but all credit societies
are not banks
a. Agriculture
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c. Financing of SHGs
01. (a) 02. (c) 03. (d) 04. (d) 05. (c) 06. (b) 07. (c) 08. (b) 09. (d) 10. (d)
145
2.4 Lesson No.4 : Non-Banking Financial Intermediaries
2.4.1 Objective
2.4.2 Introduction
2.4.3 Non-Banking Financial Companies (NBFCs)
2.4.3.1 Classification of NBFCs
2.4.3.2 Difference between NBFCs and Banks
146
2.4.1 Objective
2.4.2 Introduction
(i) The company’s financial assets should constitute more than 50 per
cent of the total assets and
(ii) Income from financial assets should constitute more than 50 per
cent of the gross income.
NBFCs are licensed and supervised by RBI and no NBFC can operate without
a valid license from RBI.
147
i. Hire Purchase Finance Company: These companies finance under ‘Hire
purchase’ arrangement for buying costly machinery or consumer goods,
where the buyer makes an initial down payment and pays the balance
plus interest in installments. Here, the hirer becomes the owner of the
asset/equipment after the last installment is paid.
xi. Peer to Peer (P2P) Lending Platform: P2P platform facilitates the
matching of lenders with borrowers.
NBFCs perform functions similar to that of banks as they give loans to the
borrowers and many of them can mobilise deposits from public. However the
NBFCs mobilise term deposits and are not permitted to accept demand
deposits. Secondly NBFCs are not a part of the payment and settlement
system and as such, an NBFC cannot issue cheques drawn on itself. Deposit
148
insurance facility of the Deposit Insurance and Credit Guarantee Corporation
(DICGC) is not available for the depositors of NBFCs.
NBFCs registered with the RBI may take part in the insurance agency
business on a fee basis and without risk participation. In a notification issued,
the RBI said such NBFCs should obtain permission from the Insurance
Regulatory and Development Authority (IRDA) and comply with IRDA
regulations for acting as a "composite corporate agent" with insurance
companies.
149
2.4.4 Micro Finance Institutions (MFIs)
• The rural household annual income does not exceed Rs. 1, 00,000 or
urban and semi-urban household income does not exceed Rs. 1,
60,000/-.
• Loan amount does not exceed Rs. 60,000 in the first cycle and Rs. 1,
00,000 in subsequent cycles.
• Total indebtedness of the borrower does not exceed Rs.1,00,000
excluding loan, if any availed towards meeting education and medical
expenses,
• Tenure of the loan not to be less than 24 months for loan amount in
excess of Rs. 30,000 with prepayment without penalty;
19
RBI circular no DNBR (PD) CC.No.047/03.10.119/2015-16 July 1, 2015 updated on April 20, 2016
150
i. Loan to be extended without collateral;
The Indian Microfinance Sector has witnessed a phenomenal growth over the
past 20 years and is touching the lives of crores of poor and financially
excluded people. The number of institutions providing microfinance services
has gone up from a few to several hundreds. As on 31 March 2020, the
combined micro credit portfolio of 252 lenders has reached Rs 2,36,427 crore
through 1085 lakh active loans (Sadhan, 2020) which includes NABARD
supported Self Help Group – Bank Linkage Programme (SHG-BLP), Joint
Liability group (JLG), MFI supported programmes and other programmes.
151
SHG–bank linkage model in India is now a major model of microcredit
globally.
As far as MFIs are concerned they follow different approaches for financing,
depending on the local circumstances and socio-cultural environment.
However, across the country, it has been proven that it is the group dynamics
and peer pressure that help MFIs and SHGs to lend and recover successfully
even in the absence of collaterals.
2.4.4.4 Borrowings
Initially, bulk of the funds required by MFIs for lending to their clients, were
met by institutions like NABARD, SIDBI and Rashtiya Mahila Kosh.
152
a) ‘Margin caps’ as defined by Malegam Committee may not exceed 10 per
cent for large MFIs (loans portfolios exceeding Rs.100 crore) and 12 per
cent for the others
Thus if the cost of fund for an MFI with less than Rs 100 crore loan portfolio
is 13% then the interest rate charged can be 13%+ 12% margin= 25%. By the
other criteria, if the average base rate of 5 largest banks was 8% then 8X2.75=
22.0%. Thus 22%, being the lower of the two rates, will be the interest rate
charged to the borrower.
Most of the MFIs are not following any standard set of rules and regulations.
Each MFI designs its own products and follows certain processes. Since
uniformity is not there, transparency becomes an issue. Certain Committees
have gone into the aspects of the need for a system of regulation and
supervision of MFIs.
153
Mumbai; SaDhan, New Delhi) which are conducting training / capacity
building in the field of microfinance.
Origin of NGOs
Voluntary effort has always been an important part of our culture and social
tradition. These voluntary efforts get more organized accredited associations
or Voluntary Organisations, popularly called as NGOs. Their involvement
and participation in development has now been fully recognized. In recent
years, they have increased considerably, acquired greater importance and
significance and have initiated new experiments in the field of rural
development. According to data released by Central Bureau of Investigation
(CBI), the number of NGOs in the country is huge at 31 lakhs as on 201520.
These large number of NGOs organizations can play a crucial role in rural
development by supplementing government efforts as they are close to the
rural people. They have their roots in the people and can respond to the needs
and aspirations of the community more effectively.
20
Indian Express dated 01 August 2015.
154
j. Represent the rural people
k. Act as innovators
l. Solve the problems of people in general
NGOs contribution
The activities of NGOs in facilitating and making available credit to the low
income households are expected to increase in the coming years. Among other
aspects, companies nowadays are giving importance to Corporate Social
Responsibility (CSR). They take initiatives to support the poor. Under the CSR
programmes, a number of corporate houses are helping the society in a big
way. Several corporate houses are also engaged in Corporate Social
Responsibility activities for sustainable development. Bank's linkage with
such NGOs/Corporate houses operating in the area ensure that the
NGOs/Corporate houses provide the necessary 'credit plus' services and help
leverage bank credit for inclusive growth.
NGO MFIs
There are a large number of NGOs that have undertaken the task of financial
intermediation. Majority of these NGOs are registered as Trust or Society.
Many NGOs have also helped formation of SHGs under NABARD schemes and
to organize themselves into federations and these federations are registered
as Trusts or Societies. Many of these federations perform non-financial and
financial functions like social and capacity building activities, facilitate
training of SHGs, undertake internal audit and promote new groups.
The Non-banking financial institutions like NBFCs, MFIs and NGOs have an
important role to play in the financial sector. NBFCs are providing financial
support in a big way over the years. NBFCs are currently regulated by Reserve
Bank under various provisions of the Reserve Bank of India Act.
The NBFC and MFI sector has become a robust sector with huge investment,
business and impact on the lives of people. This has been made possible due
to combined efforts of policy makers like Government of India, RBI, NABARD,
SIDBI as well as the banks. Large number of NGOs are also contributing in
these efforts. The NBFCs and MFIs are attracting large number of borrowers
due to their customer centric innovative business strategies and are giving
155
tough competition to mainstream banks. However, this is helping the sector
in becoming more competitive and ultimately the people are reaping the
benefits for realizing their dreams and aspirations.
2.4.6 Keywords
01. False 02.False 03. True 04. True 05. True 06. False 07. True
08. True
1. When there are so many banks in the country, why should people go to
NBFCs for loans?
a. Banks are not able to meet all the needs of all the people
156
d. None of the above
a. Correct
b. Not correct
a. NBFC cannot accept public deposit for a period less than a year and
for period exceeding 3 years.
d. None of these
b. Loan amount should not be more than Rs 60000 in first cycle and
Rs 1 lakh in subsequent cycles
d. None of these
6. Can a bank lend to MFIs or can MFI borrow from banks for
supplementing its resources?
a. Yes
b. No
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c. Not certain
d. They are already flush with funds, hence don’t need to borrow.
d. None of these
01. (c) 02. (a) 03. (c) 04. (c) 05. (c) 06. (a) 07. (b) 08. (c)
158
2.5 Lesson No.5: Financial Sector Reforms
2.5.1 Objectives
2.5.2 Financial Sector Reforms- Background
2.5.2.1 Committee on the Financial System - Narasimham Committee I –
(1991)
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2.5.1 Objectives
India had suffered a major crisis during 1990-91 which was called the
“Balance of Payments crisis”- as the imports had increased without
corresponding increase in exports. The situation became a crisis as the Indian
foreign exchange reserves were reduced to a level which was just sufficient to
meet only three weeks' worth of imports. The government came close to
defaulting on its financial obligations. Under such circumstances, the
Government was left with no option except to mortgage the country's gold to
avoid defaulting on payments. The crisis, however, paved the way for the
liberalization of the Indian economy, since one of the conditions stipulated in
the World Bank loan taken at that time, required India to open itself to
participation from foreign entities in its industries. This was the beginning of
Liberalization, Privatization and Globalization (LPG) in India.
This committee recommended, for the first time, the ‘prudential norms’ for
banks in India as propounded by the Bank for International Settlements (BIS).
The ‘prudential norms’ were regarding income recognition, capital adequacy,
160
assets classification, provisioning, etc., popularly known as ‘Basel norms’,
named after the Basel town in Switzerland where the BIS is located. These
concepts took time to digest, and the RBI played a stellar role in bringing them
in a calibrated manner so that the system was not disrupted. Thus with the
reforms, the banks and Insurance companies have been given more freedom
to do business but are more closely regulated than in the past.
The funds of banks were invested for meeting Statutory Liquidity Ratio (SLR)
requirements in Government approved securities which earned lower rate of
interest as compared to other investments. Similarly funds parked for meeting
Cash Reserve Ratio (CRR) requirements earned no interest. This also put
pressure on profitability of the banks. SLR funds were used by the
Government to finance budgetary deficits.
The committee recommended reduction in the proportion of the SLR and the
CRR. The SLR then was 38.5% and CRR was 15%. This high amount of SLR
and CRR meant locking the bank resources to the extent of 53.5%. It also
came in the way of effective productivity of the bank. Therefore, the committee
recommended their gradual reduction. It was recommended to reduce SLR
from 38.5% to 25% and CRR from 15% to 3 - 5%.
(iii) Interest Rate Determination: The interest rates in India were regulated
and controlled by the authorities. The committee felt that the determination
of the interest rate should be on the grounds of market forces such as the
demand and supply of funds. Hence the committee recommended eliminating
161
government controls on interest rate and phasing out the concessional
interest rates for the Priority Sector.
(ii) Narrow Banking: Those days many public sector banks were facing a
problem of Non-performing assets (NPAs). Some of them had NPAs which were
as high as 20 percent of their assets. Thus for successful rehabilitation of
these banks, the Committee recommended 'Narrow Banking Concept' where
weak banks will be allowed to place their funds only in short term and risk
free assets.
(iii) Capital Adequacy Ratio: In order to improve the inherent strength of the
Indian banking system, the committee recommended that the Government
162
should raise the prescribed capital adequacy norms. This will improve their
absorption capacity also.
(iv) Bank ownership: It felt that the government control over the banks and
banks’ autonomy do not go hand in hand and thus it recommended a review
of functions of boards to enable them to adopt professional corporate
strategies.
(v) Review of banking laws: The committee considered that there was an
urgent need for reviewing and amending certain laws governing Indian
banking industry like RBI Act, Banking Regulation Act, State Bank of India
Act, etc. This upgradation would bring them in line with the present needs of
the banking sector in India.
Greater autonomy was proposed for the public sector banks to enable them
to function with equivalent professionalism as their international
counterparts. For this, the Committee recommended that recruitment
procedures, training and remuneration policies of public sector banks be
brought in line with the best-market-practices of professional bank
management. The committee recommended that GoI’s equity in nationalized
banks be reduced to 33% for increased autonomy. The committee
recommended a review of functions of banks’ boards with a view to make them
responsible for enhancing shareholder value through formulation of corporate
strategy and reduction of government equity.
(i) The Committee recommended that the RBI should withdraw from the 91-
day Treasury Bills market and that interbank call money and term money
markets be restricted to banks and primary dealers. The Committee also
proposed a segregation of the roles of RBI as a regulator of banks and owner
of banks. It observed that "the Reserve Bank as a regulator of the monetary
system should not be the owner (shareholder) of bank in view of a possible
conflict of interest". As such, it highlighted that RBI's role of effective
supervision was not adequate and wanted it to divest its holdings in banks
and financial institutions.
163
and reverse repos in order to set up a corridor for money market interest rates.
To begin with, in April 1999, an Interim Liquidity Adjustment Facility (ILAF)
was introduced pending further upgradation in technology and
legal/procedural changes to facilitate electronic transfer. RBI also decided to
transfer its respective shareholdings of public banks like SBI, National
Housing Bank (NHB) and NABARD to GoI. Subsequently, in 2007-08, GOI
decided to acquire entire stake of RBI in SBI, NHB and NABARD.
The Committee recommended for merger of large Indian banks to make them
stronger for supporting international trade. It recommended a three tier
banking structure in India through establishment of three large banks with
international presence, eight to ten national banks and a large number of
regional and local banks. Considering the very high percentage of non-
performing assets of weaker banks, some as high as 20% of their total assets,
the concept of "narrow banking" was proposed to assist in their rehabilitation.
There have been a string of mergers in banks of India over the years,
encouraged strongly by the Government of India, in line with the Committee's
recommendations.
Non-performing assets had been the single largest cause of worry of the
banking sector in India. Earlier the Narasimham Committee-I had broadly
concluded that the main reason for the reduced profitability of the commercial
banks in India was priority sector lending. The committee had highlighted
that priority sector lending was leading to the buildup of non-performing
assets of the banks and thus be phased out.
The Narasimham Committee-II also highlighted the need for 'zero' non-
performing assets for all Indian banks with International presence. The 1998
report further blamed poor credit decisions, behest-lending and cyclical
economic factors among other reasons for the buildup of the non-performing
assets of these banks to uncomfortably high levels.
164
The committee's recommendations led to introduction of a new legislation
which was subsequently implemented as the Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest
(SARFAESI) Act, 2002 and came into force with effect from 21 June 2002.
In order to improve the inherent strength of the Indian banking system, the
committee recommended that the Government should raise the prescribed
capital adequacy norms. This would also improve their risk taking ability. The
committee targeted raising the capital adequacy ratio to 9% by 2000 and 10%
by 2002 and have penal provisions for banks that fail to meet these
requirements. For asset classification, the Committee recommended a
mandatory 1% provision in case of standard assets and for the accrual of
interest income to be done every 90 days instead of 180 days.
The committee suggested that the foreign banks seeking to set up business
in India should have a minimum start-up capital of $25 million as against the
existing requirement of $10 million. It said that foreign banks can be allowed
to set up subsidiaries and joint ventures that should be treated at par with
private banks.
Because such entrepreneurs were likely to perform much better than the rural
subsidiaries of the existing commercial banks at the critical tasks of credit
165
appraisal and understanding the real needs of rural people, it expected these
new financial institutions to serve rural markets better. Two major problems
were however anticipated, namely:
It expected that the government will have to find ways to provide capital to
such new banks, preferably in the form of venture capital or equity.
Thus it may be seen from above that Narasimham Committee I and II had a
wide ranging impact on the Indian Banking system.
Basel I primarily focused on credit risk. Assets of banks were classified and
grouped in five categories according to credit risk, carrying risk weights of
zero to one hundred percent. Banks with international presence were
required to hold capital equal to 8 % of the risk-weighted assets.
166
Since 1988, this framework has been progressively introduced in member
countries of G-10, currently comprising 13 countries, namely, Belgium,
Canada, France, Germany, Italy, Japan, Luxembourg, Netherlands, Spain,
Sweden, Switzerland, United Kingdom and the USA. Most other countries,
currently numbering over 100, have also adopted, the principles prescribed
under Basel I. However, the efficiency with which the principles are enforced
varies. The RBI started implementing the Capital Adequacy Norms prescribed
by Basel Committee in April 1992.
Overview of Basel II
B. Objective
167
a. Paid up capital, statutory reserves and other disclosed free
reserves, if any
b. Capital reserves representing surplus arising out of sale proceeds
of assets
Tier II capital, called supplementary capital, consists of:
a. Undisclosed reserves
b. Revaluation provisions / General loan loss provisions
c. Hybrid instruments
d. Subordinated debt
D. Three Pillar Approach.
The Basel I accord dealt with only parts of each of these pillars. For
example: with respect to the first Basel II pillar, only one risk, credit
risk, was dealt with in a simple manner while market risk was an
afterthought; operational risk was not dealt with at all.
First Pillar
For market risk the preferred approach is VaR (value at risk) for which
the banks are required to-
168
• Prepare for internal and external rating system,
Second Pillar
The second pillar deals with the supervisory review. This pillar is to
ensure that the bank’s capital is aligned to its actual risk profile. For
this, the preparatory work required from bank’s side is to re-examine
the product in terms of revised requirements of risk assessment and
examine potential to include new products to reduce risk and thereby
charge the capital. It gives banks a power to review their risk
management system. Internal Capital Adequacy Assessment Process
(ICAAP) is the result of Pillar II of Basel II accords.
Third Pillar
Third Pillar is the market discipline pillar to enhance the role of the
other market participants in ensuring that appropriate capital is held
by prescribing higher disclosure.
For this, banks are required to measure their own market approach in
comparison with other participants, prepare product wise cost benefit,
compute and reduce charge on capital and implement the chosen
methodology.
169
Operational Risk Management
Operational risk in credit is not new to banks. Banks are handling this risk
since their commencement. Developing banking practices suggest that risks
other than credit risk, interest risk and market risk can be substantial. These
new growing risks are failure risk of technology with growth of e-commerce,
potential risk of internal controls and back-up systems. While implementing
Basel – II Accord, all these aspects become important as all risks need to be
measured and commensurate capital requirement is to be built.
“Basel III” norms were introduced in 2010 by the Basel Committee on Banking
Supervision (BCBS) in the wake of global financial crises of 2008 when more
than 1200 banks went bankrupt in USA. RBI guidelines for Indian banks were
issued in 2012 to become effective from January 1, 2013 in a phased manner
and to be fully implemented by 2019. Basel III is a comprehensive set of
reform measures, developed by the BCBS, to strengthen the regulation,
supervision and risk management of the banking sector. These measures aim
to:
❖ To raise the quality and quantity of capital, with a much greater focus on
common equity to absorb losses.
❖ Improve the banking sector’s ability to absorb shocks arising from financial
and economic stress, whatever the source.
170
2.5.4 Let us sum up
Major reforms in the form of ‘LPG’ were started in a big way after the payment
crisis faced by India in 1991. Financial sector reforms were an important part
of it and two Narasimham Committees were set up in 1991 and 1997 in order
to study the problems of the Indian financial system and to suggest
recommendations for improvement in the efficiency and productivity of the
financial institution. The recommendations of Narasimham committee have
enabled steps to be taken to introduce reforms in our banking system and
making our system more robust and resilient.
1. The financial sector reforms got a big push after 1991 ‘Balance of
Payment crisis’.
171
5. The Basel Committee on Banking Supervision (BCBS), is part of Bank
for International Settlements (BIS)- an international body located at
Basel (Switzerland)
01. True 02. True 03. False 04.True 05.True 06. True 07. True
a. Dr C Rangarajan
b. Shri M Narasimham
c. Prof A Vaidyanathan
b. No Change
a. To be reduced
b. To be increased
c. To be maintained
d. None of these
4. Financial Sector Reforms got a big push after the ‘Balance of Payment
crisis’ in the year…
172
a. 1947
b. 1961
c. 2011
d. 1991
d. None of these
a. Capital adequacy
b. Provisioning
d. None of these
a. One
b. Two
c. Three
d. Four
b. Need for ‘Zero’ NPA in the banks and creation of Asset Reconstruction
Companies to take over NPAs of banks
173
9. According to prudential norms/ Basel Committee norms, Paid up
capital of banks is part of:
a. Tier I capital
b. Tier II capital
10. How many set of norms under the name of ‘BASEL’ have been
issued so far (till 2020)?
a. One
b. Two
c. Three
d. None of these
01. (b) 02. (a) 03. (b) 04. (d) 05. (b) 06. (b) 07. (b) 08. (c) 09. (a) 10. (c)
Gaurav Datt and Ashwani Mahajan (2015) Datt & Sundharam’s Indian
Economy
Pramod Rao and Anil Varma (2007) Globalization: Indian Financial Sector
Reforms, ICFAI University Press
174
2.6 Lesson No.6 Financial Inclusion for Inclusive Growth
2.6.1 Objectives
2.6.2 Introduction
2.6.3 Financial Exclusion
2.6.4 Financial Inclusion
2.6.5 The Committee on Financial Inclusion -Dr. Rangarajan Committee
175
2.6.1 Objectives
2.6.2 Introduction
As a student of DCBM you may appreciate the idea that financial inclusion
efforts of banks are not charity, they can lead to sustainable business too for
banks and other cooperatives besides helping their customers.
176
2.6.4 Financial Inclusion
The need for financial services assumes more importance in the changed
environment. Financial services include the provision of savings, loans,
insurance, payments and remittance facilities by formal financial system to
those who tend to be excluded.
All these measures which are in place for the affordable, affluent and others
should be made available to the hitherto financially excluded lot.
As a proactive measure, the RBI in its Annual Policy Statement for the year
2005-06, while recognizing the concerns in regard to the banking practices
that tend to exclude rather than attract vast sections of population, urged
banks to review their existing practices to align them with the objective of
financial inclusion.
177
2.6.5 The Committee on Financial Inclusion -Dr. Rangarajan
Committee
• Setting up of:
178
risk mitigation mechanism and also for providing comfort to banks for lending
to Joint Liability Groups (JLGs).
The committee recognizing the fact that it was not possible to achieve financial
inclusion through the brick and mortar model (branches) recommended the
BC/BF model for achieving financial inclusion.
179
• Commensurate incentives may be provided to BCs in tune with the
number of accounts/ volume of transactions handled.
• Financial responsibilities may be placed on BCs over a period of time,
for ensuring safety of deposits, recovery of loans, etc.
• SLBCs may discuss with State Governments regarding routing
Government payments through BC.
• Commercial Banks may play a very important role in SHG-Bank
Linkage Program particularly in regions featuring high levels of
exclusion.
• Commercial Banks to support on a significant scale Joint Liability
Groups (JLGs) of marginal farmers, tenant farmers, etc.
Technology Adoption
(i) Setting exclusive targets for micro finance and financial inclusion
180
Local Area Banks (LAB)
RBI may allow new LABs without compromising on start-up capital and other
regulatory prescriptions.
Cooperative Banks
Microfinance Institutions:
Micro Insurance
For leveraging the existing network for Micro insurance, the partner-agent
model for delivery, where the insurer underwrites the risk and the distribution
is handled by an existing intermediary, seems most appropriate. Micro credit
without micro insurance is financial behaviour fraught with risk. There is a
need to emphasize on linking micro credit with micro insurance and involve
181
NABARD in the process to leverage on its experience in the field of micro
credit.
Creating a cadre of full time and part time staff for insurance marketing and
servicing, evolving appropriate systems for tracking client information, setting
up of a technology platform over the long run and stimulating demand for
micro-insurance by simplifying and rationalizing the procedures for premium
payments, renewals, settlement of claims, etc. require immediate attention.
There has to be a machinery for consumer education, marketing and
grievance handling. Specific recommendations have also been made regarding
micro insurance schemes of life, crop, livestock and asset insurance.
Migrant labor and an emerging need for safe, simple and low cost remittance
services go together. A low value card linked to a bank account and
encashable at over 3 lakh POs and 1.5 lakh post offices, designing an
electronic remittance product and facilitating remittances through the BC of
banks (backed by technology support) are the major recommendations.
There are two types of facilitators or agents who can be appointed by bank –
‘Business Facilitator (BF)’ and ‘Business Correspondent’ (BC). The difference
between the two is as follows: while the BCs are permitted to carry out
transactions (including cash transactions) on behalf of the bank as agents,
the BF can refer clients, pursue the clients' proposal and facilitate the bank
to carry out its transactions, but cannot transact on behalf of the bank.
However, BF can help in financial inclusion in several ways. Some of the roles
and responsibilities of a BF are as follows:
182
As these services are not intended to involve the conduct of banking business
by Business Facilitators, no approval is required from RBI for using these
intermediaries for facilitation of services.
Eligible entities –
Business Facilitator
183
Figure 2.6.2: Eligible entities eligible to be appointed Business
Correspondent
Eligible entities –
Business Correspondent
Banks are expected to give wide publicity in the locality about the
intermediary engaged by them as Business Correspondent and take measures
to avoid being misrepresented. Correspondents and banks to ensure that the
schemes formulated and implemented are in strict compliance with the
objectives and parameters laid down in the circular issued by RBI. Banks may
pay reasonable commission / fee to the Business Facilitators/
Correspondents, the rate and quantum of which may be reviewed periodically.
The agreements with BFs/ BCs should specifically prohibit them from
charging any fee to the customers directly for services rendered by them on
behalf of the bank.
184
2.6.5.3 KYC Norms
Compliance of KYC norms will continue to be the responsibility of banks. The
KYC guidelines issued provide sufficient flexibility to banks. Since the
objective is to extend savings and loan facilities to the underprivileged and
unbanked population, banks may adopt a flexible approach within the
parameters of guidelines issued on KYC from time to time.
The National Strategy for Financial Inclusion (NSFI) for India 2019-2024 has
been prepared by RBI under the aegis of the Financial Inclusion Advisory
Committee and is based on the inputs and suggestions from Government of
India, other Financial Sector Regulators viz., Securities Exchange Board of
India (SEBI), Insurance Regulatory and Development Authority (IRDA),
NABARD, National Payments Corporation of India (NPCI), Commercial Banks
and Corporate Business Correspondents, etc. It is first of its kind document
and sets forth the vision and key objectives of the Financial Inclusion policies
in India to expand the reach and sustain the efforts through a broad
convergence of action involving all the stakeholders in the financial sector.
The report reviews the huge efforts of all the stakeholders in India led by GoI
in the direction of Financial Inclusion. It states that the first initiative in this
regard was as early as in 1956 with the nationalisation of Life Insurance
companies. This was followed by nationalisation of banks in 1969 and 1980
and then nationalisation of the general insurance companies in 1972. The
biggest initiative in this context is Pradhan Mantri Jan Dhan Yojana (PMJDY)
in the year 2014 which has enabled a whopping 42 crore people to open bank
account with zero balance. Several other initiatives like KCC, SHG, NRLM,
insurance schemes at nominal premium (Pradhan Mantri Suraksha Bima
Yojana -PMSBY- wherein one- year accidental death cum disability cover of
₹2 lakhs is offered to all subscribing bank account holders in the age group
of 18 to 70 years for a premium as low as Rs 12/- per annum) and several
others. The reports states that a host of initiatives have been undertaken over
the years in the financial inclusion domain in India.
The vision of NSFI articulated in the report is “To make financial services
available, accessible and affordable to all the citizens in a safe and transparent
manner to support inclusive and resilient multi-stakeholder led growth”. The
vision and the strategic objectives (referred as strategic pillars in the Report)
are presented in Figure 2.6.3.
185
Figure 2.6.3: Vision and strategic objectives of NSFI
Important recommendations
186
addition to the traditional banking outlets, efforts may also be
taken to involve co-operative banks, Payments Banks, Small
Finance Banks and other non-bank entities such as fertilizer
shops, fair price shops, local Government Bodies, Panchayat,
Common Service Centres, educational institutions, etc., to
promote efficiency and transparency through digital transactions.
187
officials, NGOs, SHGs, BCs, Farmers’ Clubs, Panchayats, PACS,
village level functionaries etc. while conducting financial literacy
programmes.
6. Effective Co-ordination
1. Strengthen the various fora under Lead Bank Scheme viz., SLBC
/ DCC / BLBC to ensure the achievement of the vision of the
strategy at the ground level.
The above is a brief about this report. The full report can be accessed at the
RBI Website.21
21
Web link: https://www.rbi.org.in/Scripts/PublicationReportDetails.aspx?UrlPage=&ID=1154#3
188
Lot of efforts have been made in India for Financial Inclusion since
independence however, it is a matter of concern that still large sections of
population – especially the poor and vulnerable - continue to remain
financially excluded. In this context, Government of India appointed
Rangarajan Committee in 2008 to suggest ways of improving the situation. It
gave several very important recommendations including implementation of
National Rural Financial Inclusion Plan in a mission mode. Based on the
recommendations, two funds were created in NABARD for Financial Inclusion,
viz., Financial Inclusion Promotion and Development Fund and Financial
Inclusion Technology Fund.
For the poor and financially excluded it is a journey towards a better life.
02. Financial inclusion is basically charity and not business for the banks
03. KYC norms not applicable for the bank accounts opened for financial
inclusion purpose
189
06. Business correspondent (BC) and Business Facilitators (BF) are the
same.
1. True 02. False 03. False 04. True 05 False 06. False
b. Dr. Y V K Reddy
c. Dr. C. Rangarajan
d. Dr. Jalan
03. Financial inclusion is not merely opening bank account. It also includes:
a. Insurance
b. Remittance facilities
b. BF can help the bank customers/ bank in several ways but can’t
carry out transactions on behalf of the bank including cash
transactions
c. Post office
b. PACS/ MACS
c. Micro ATMs
a. Commercial Banks
b. DCCBs
191
b. National Payments Corporation of India
1.(c) 2. (a) 3.( c) 4 (c) 5. (d) 6.( c) 7 (c) 8.(d) 9 (d) 10.(b)
192
Unit 3: Foundation of Cooperatives: Evolution, Status, Values,
Principles and Structure
3.1.1 Objectives
3.1.2 Introduction
3.1.3 Definitions
3.1.4 Evolution and Status of Cooperatives in India
193
3.1.1 Objectives
3.1.2 Introduction
3.1.3 Definitions
The term ‘Co-operation’ is derived from the Latin word ‘co-operari’, where ‘co’
means ‘with’ and ‘operari’ means ‘to work’. Thus the term Co-operation means
working together, that people will have to come together to share with each
other and support one another.
Although the value system of cooperation existed in the society ever since the
human civilization started, the formal cooperative movement has its roots in
Europe of 19th century. The cooperative movement developed in pre-
194
Independence India in response to agricultural distress and indebtedness.
The first known ‘mutual aid society’ is the ‘Anyonya Sahakari Mandali’
organised in the erstwhile princely State of Baroda in 1889 under the
guidance of Shri Vithal Laxman also known as Bhausaheb Kavthekar.
195
the ethical values of honesty, openness, social responsibility and caring for
others.
Cooperatives are voluntary organisations, open to all persons, who are able to
use their services and willing to accept the responsibilities of membership,
without gender, social, racial, political or religious discrimination.
196
international cooperative and other structures. The synergy can help all the
partners in many ways.
197
business done through the co-operative and not based on the
investment made in it.
• Political and religious neutrality: The main purpose of co-operative is
to serve its members by enhancing their economic standard and not to
serve members of any political or a religious group.
• Business focus: Most of the cooperatives focus on one main activity or
a few selected activities. For example, dairy cooperatives focus on dairy
activities and cooperative banks focus on banking. This helps in
efficient and effective management.
• Dual Control : Registrar of Cooperative Societies (RCS) is the regulator
of cooperatives with vast powers under the Cooperative Societies Act,
right from registration (birth of the society) till cancellation of
registration of the society (death of the society). The RCS could be for
the state, if the society is registered under the State’s Cooperative
Societies Act or the Central Registrar of GoI for Multi-State Co-operative
Societies. When the Co-operative society is a cooperative bank (having
banking license), it comes under ‘dual control’. As far as the matters
are related to banking, then the guidance has to be sought from RBI as
RBI is the regulator of banks in India and has been vested with the
powers to deal with Co-operative banks such as issuing of licensing,
matters associated with the provisions of Banking Regulation Act, 1949
and RBI Act, 1934 in running the co-operative bank22. However, where
the matters relating to registration, compliance to the provisions of
cooperative societies act, conduct of AGM, elections, winding up etc are
concerned, the RCS continues to be the authority. Due to this, there
are some limitations under which the cooperative banks have to
function.
• Promotion of Education: Education alone improves social and
cultural values of any society. Hence Co-operative setup has to support
the education of members to ensure better results.
1.3.7 Types of Credit Co-operatives
22
NABARD conducts inspection of the DCCBs and StCBs as a part of supervisory function. But RBI is the regulator
for all the cooperative banks (urban cooperative banks as well as DCCBs, StCBs).
198
Short-term Co-operative Credit Structure
The short term Co-operative Credit Structure (STCCS) consists ‘three tier’,
‘two tier’ or ‘unitary’ structure. The ‘Three tier’ structure is the most
prominent, comprising of Primary Agricultural Credit Societies (PACS) at the
village level (grass root level), District Central Co-operative Banks (DCCBs) at
the middle or intermediate position at district level and State Co-operative
Banks (StCBs) at the State Level. Each one has different role and contributes
for the overall development of the economy. The ‘Two tier’ structure comprises
of PACS at the grass root level and the StCB at the state level without DCCB
in the middle level. The third type of structure- ‘Unitary structure’ has only
the StCB without the DCCB and PACS and it operates directly through the
branches.
The urban co-operative banks (UCB) also called Primary Cooperative Banks,
as the name suggests, carry out business in urban areas. Although most of
these banks operate in local areas- some have only one branch, a few have
their businesses in more than one State. These institutions are registered
under State Cooperative Societies Act as also Multi State Co-operative
Societies Act, 2002. UCBs are allowed to convert into Small Finance Banks
subject to certain conditions stipulated by RBI. There are also other kinds of
salary earners/ wage earners/ employees credit Co-operative Societies as well
but they are not registered as banks.
The Cooperative Societies Act was passed in India in the year 1904 and since
then the cooperative movement has grown to over 8.5 lakh cooperatives of
various kinds with a massive membership of 29 crore. Cooperative movement
199
is spread throughout the world and ICA is the international body representing
cooperatives.
3.1.8 Keywords
200
10. Cooperatives provide education and training for their members,
elected representatives, managers and employees.
01. The First Co-operative Credit Societies Act was passed in India in the year
a. 1947
b. 1910
c. 1904
d. 1944
02. District Central Co-operative Banks (DCCB) operate at the
a. Apex level
b. Middle or intermediate position
c. Base level
d. None of these
03. The officials managing the co-operative society are accountable to
a. the general public
b. the beneficiaries of the society
c. the members of the society
d. the creditors of the society
04. The Board of Directors to manage the co-operative society are elected by
the:
a. President of the society
b. All the voters of the village
c. Registrar of Co-operatives
d. Members of the Society
05. Identify which one is not the co-operative principle.
a. Concern for Community
b. Education, Training and information
c. Democratic Member Control
d. Dual control
201
07. What does the Third Principle: Members Economic Participation mean?
202
3.2 Lesson No. 2: Co-operative Credit Institutions: Structure and
their role in Rural Economy
3.2.1 Objectives
3.2.2 Introduction
3.2.3 Rural Cooperative Credit Structure
3.2.3.1 Short-term Co-operative Credit Structure
203
3.2.1 Objectives
3.2.2 Introduction
Rural Credit
Cooperatives
SCARDBs
StCBs
PCARDBs DCCBs
PACS
At all India level, federations of these structures are working viz., National
Federation of State Cooperative Banks (NAFCSOB) and National Cooperative
Agriculture & Rural Development Banks Federation Ltd. (NAFCARD). These
204
federations act as the national body for taking up policy issues of all the
members with Government of India, RBI, NABARD etc. and also help the
cooperative movement.
The short term Co-operative Credit Structure (STCCS) consists of ‘three tier’
or ‘two tier’ structure. ‘Three tier’ structure is the most prominent, comprising
of Primary Agricultural Credit Societies (PACS) at the village level (grass root
level), District Central Co-operative Banks (DCCBs) at the middle or
intermediate position at district level and State Co-operative Banks (StCBs)
at the State Level. Each one has different role and contribute for the overall
development of the economy. The ‘Two tier’ structure comprises of PACS at
the grass root level and the StCB at the state level without DCCB in the middle
level. The third type of structure- ‘Unitary structure’, may have only the StCB
at the state level, without the DCCB and PACS and it may operate directly
through the branches like the UCBs or commercial banks. The ‘three tier’
and ‘two tier’ structures are called ‘Federal structures’ as the State Coop.
Bank in both of these cases are federations of the lower tier of cooperatives.
Similarly DCCB is a federation of PACS. There are 33 StCBs in the country
out of which 20 are in three tier and 13 are in two tier structures. There is no
state with unitary structure for STCCS.
The rural financial system in the country calls for a strong and efficient credit
delivery system, capable of taking care of the expanding and diverse credit
needs of agriculture and rural development. Despite expansion of network of
branches of commercial banks and Regional Rural Banks, the cooperative
credit structure continues to perform an important role in meeting banking
needs especially the credit needs of rural population. In this direction,
NABARD has been taking various initiatives in association with Government
of India and RBI to improve the health of Co-operative banks.
The main objectives and role of Cooperative Credit Structure in rural economy
are as under:
205
• The credit cooperatives were originally established for the en-
couragement of thrift and self-help among the members, which
continues to be the main objective even today.
• Cooperative banks function with the prime objective of making available
loans at reasonable rates to needy members.
• To provide credit facilities to small and marginal farmers, agriculture
laborers, artisans, small entrepreneurs and other weaker sections.
• To save the rural poor from the money lenders and to act as a catalyst
element and thereby accelerate the economic growth in the rural areas.
• To cultivate the banking habits among the rural people and mobilize
savings for the economic development of rural areas.
3.2.4.1 State Cooperative Bank (StCB)
The federal character of the co-operative financial system was initially mooted
by the Maclagan Committee in 1914. The said committee also suggested for
having an apex co-operative bank in each of the then major provinces. The
Mehta-Bhansali Committee (1939) recommended that those societies which
had fulfilled the criteria of banking should be allowed to work as banks and
recommended an ‘Association’ for these banks. Accordingly, the ‘Apex Co-
operative banks’ were established at the provincial level with the prime
objective of coordinating the work of DCCBs and linking up the co-operative
credit organization with the general money market and the RBI.
The State Cooperative Bank (StCB) is the ‘apex bank’ of the three-tier co-
operative credit structure in each state. It exercises general control over
DCCBs and PACS. It finances and controls the working of the DCCBs in the
State. It serves as a link between NABARD, from which it borrows and the
DCCBs and PACS. NABARD provides refinance to lower level co-operatives
mainly through the StCBs.
The StCB obtains its working funds from its own share capital and reserves,
deposits from the general public and loans and refinance from NABARD.
NABARD provides liberal assistance to the State Governments for
contributing to the share capital of the weak central co-operative banks. The
StCB is interested, not only in helping the co-operative credit movement but
also in promoting other co-operative ventures and in extending the principles
of co-operation.
• Functions of StCBs:
Following are the main functions of the StCBs:
o To develop the co-operative movement in the state,
206
o To be the leader of cooperative credit societies in the state and be
their voice for policy advocacy and state level matters,
o To guide and support the credit cooperatives and other cooperatives
in the state,
o To take a lead role in the formulation and extension of credit policies
for the entire Co-operative movement of the state,
o To supervise, regulate and inspect the functioning of DCCBs and
extend timely guidance, help and support,
o To support in management of DCCBs by deputing capable staff to
the DCCBs,
o To act as a nodal agency for channelization of funds from RBI/
NABARD to DCCBs and farmers through PACS,
o To function as a balancing centre for the resources of the Co-
operatives in the State by borrowing funds form surplus DCCBs and
channeling the same to needy DCCBs,
o To act as an intermediary between DCCBs, NABARD, RBI and money
market,
o To act as an investment agency for DCCBs,
o To carry out banking business on its own by accepting deposits,
providing credit and other banking services to members as well as
to non-members, societies, companies, HUF, local bodies,
educational institutions, municipal bodies and others. They have to
maintain SLR and CRR and all the requirements as per the Banking
Regulation Act, 1949 as applicable to Co-operative societies.
DCCBs are the federations of PACS and are generally located at district level,
although due to reorganizing districts, certain DCCBs have more than one
district under their area of operation. On the other hand, some of the DCCBs
have been closed or merged. Due to such developments, there were only 363
DCCBs in the country in 2019-20 while the number of districts has crossed
700.
Functions of DCCBs
207
o To act as the central coordinator for all the cooperative societies in
the district (hence they are called ‘Central Cooperative Bank’) by
providing banking facilities as well as guidance and support,
o To be the leader of cooperative credit societies in the district and be
their voice for policy advocacy and district level matters and take up
the matters with StCB or other appropriate agencies,
o To guide and support the credit cooperatives and other cooperatives
in the district,
o To act as a balancing centre of finance for the primary societies in
the district by providing them funds when they have a shortage,
o To supervise, guide and control the working of member societies,
o To guide PACS to improve their business and profitability,
o To provide a safe place for investing the reserves of primary societies,
o To develop and extend banking facilities in rural areas.
• Business of DCCBs
o Banker to the cooperative societies: The DCCBs generally extend
banking facilities to member primary Co-operative credit societies.
The credit support is for short and medium term on the basis of the
agreements/ documents, security of land, house, term deposit, gold,
Government securities, bonds, etc. The DCCB Loans are granted up
to a certain limit fixed for each society depending upon its
requirement and capacity to repay. DCCBs are expected to pay
dividend on the share capital and to build up reserve fund.
o Banking Business: Besides providing banking facilities to the
societies of the district, DCCB also provide banking facilities to
people at large in the district and for that purpose, they open
branches at different locations.
o Maintenance of SLR and CRR: As per the Banking Regulation Act,
1949 (as applicable to Co-operative Societies), DCCBs are required
to maintain applicable CRR (Cash Reserve Ratio) with RBI and SLR
(Statutory Liquidity Ratio) in Government securities and approved
institutions.
o Sources of Working Capital : The sources of working capital/
funds for the DCCB are: Deposits from members as well as non-
members including Government deposits, Share Capital, Reserves
and other funds and borrowings from StCB and other financial
institutions.
208
o Management of DCCBs: The management of DCCBs vests with the
Board of Directors consisting of elected and nominated members. At
least 02 professional directors are required to be in the Board, either
elected or coopted by the Bank.
3.2.4.2 Primary Agricultural Credit Societies (PACS)
209
o The management of the society is under an elected body consisting
of President (Chairman), Secretary and Treasurer. The management
is honorary. However, the Secretary is the paid employee in some
states.
o Loans are given for short periods, normally for one year, for carrying
out agricultural operations, and the rate of interest is low. In some
states like Maharashtra, the effective interest rate on crop loans
taken from PACS is NIL if repaid on time, due to interest subvention
from state government and GoI.
o Most of the PACS have agricultural input business like fertilizer and
pesticides, etc. as a regular business and for storage of these items,
a godown is constructed.
3.2.4.3 State Cooperative Agriculture and Rural Development Banks
(SCARDBs)
210
3.2.4.4 Primary Cooperative Agriculture and Rural Development Banks
(PCARDBs)
PCARBDS are the lowest layer of long-term credit co-operatives. As in the case
of SCARDBs, PCARDBs are primarily dependent on borrowings for their
lending business. They are meant to support farmers and rural entrepreneurs
for medium term and long term investments in their endeavors by taking
investment credit so that the productivity and efficiency of agriculture and
rural enterprises improve.
The rural cooperative credit system has been facing many problems. The
major problems are:
211
• Slow in adopting technology like computerization and digital products,
making them less popular among younger generation.
• Lack of efforts in enrolling young generation in cooperatives.
• Absence of marketing strategies and lack of innovative products and
services as per the market needs.
• Organizational and financial limitations reduce their ability
considerably to provide adequate credit to the rural population.
• Overdues and Non-Performing Assets (NPA) are increasing alarmingly
at all levels.
• Lack of adoption of risk management tools and policies.
• They have not been able to provide adequate and timely credit to the
borrowing farmers.
• It has not produced desired results in terms of the direction, quantum
and quality of the flow of credit.
• Unsatisfactory and deteriorating customer services.
• Directed credit programs and subsidized lending have badly affected
viable functioning of credit disturbing units.
• Lack of professionalism in their functioning and impairment on the
governance front.
• Political interference.
• Lack of business diversification in tune with the changing requirements
of the rural economy.
23
NABARD Annual Report(2020) , p 58-63
212
Table 3.2.1: Profitability of different kinds of rural credit cooperatives
Type of rural credit No. in profit No. in loss Total
cooperative
StCB 30 3 33
DCCB 303 60 363
PACS 46405 37838 84243#
SCARDB 8 5 13
PCARDB 281 320 601
Total 47027 38226 85253
Percentage to total 55% 45% 100%
# available data for 85253 PACS only although the total number is 95238
213
banks in total institutional flow of credit for agriculture receded to 10.9%
while that of commercial banks advanced to 77.2 per cent and RRBs to 11.9
per cent. Although the quantum of disbursement from cooperative banks
increased, it could not keep pace with commercial banks in enhancing credit
flow due to several reasons including poor financial health, systems and
procedures, technological weakness, corporate governance issues, lack of
financial resources, etc. Hence, the cooperative banks need to plan out
strategies for improving their share.
A task force was constituted by the Central Government under the
chairmanship of Professor A Vaidyanathan in 2004 to analyze the challenges
and issues in the rural cooperative sector as well as to design future action
plan for this sector. Following the recommendation of this committee, a revival
package for short term rural cooperative was announced in January, 2006. A
separate revival package for long term cooperatives was announced
subsequently in the Union Budget of 2008-09. However, the implementation
in many states was not satisfactory and hence the improvement was not
significant.
3.2.8 Reorganization of Cooperative Credit Structure
214
an important role in helping the rural population which will boost the rural
economy.
3.2.10 Keywords
Co-operative credit, Short, Medium and Long term credit, Rural Credit
Cooperatives, STCCS, LTCCS, State Cooperative Bank (StCB), District Central
Co-operative Bank (DCCB), Primary Agricultural Credit Society (PACS), State
Cooperative Agriculture and Rural Development Banks (SCARDBs), Primary
Cooperative Agriculture and Rural Development Banks (PCARDBs). NABARD,
RBI
01. Rural cooperative credit institutions are of two types- short term and long
term.
02. State Cooperative Bank is part of Long term cooperative credit structure.
03. Primary Agricultural Credit Societies function at the middle level in the
Co-operative Credit Structure
04. Agriculture and Rural Development Banks (ARDBs) were earlier called as
Land Development Banks/ Land Mortgage Banks.
05. ARDBs are mainly for financing short term credit needs of the farmers.
06. Recently in Kerala state the three tier short term cooperative credit
structure has been converted to two tier by amalgamation of DCCBs into
StCB.
01. True 02. False 03. False 04. True 05. False 06. True
01. Identify which is not the function of Primary Agricultural Credit Society.
b. To promote and develop the habit of thrift (savings) among the rural
people.
215
d. None of these
c. Borrowings
d. All of these
03. Following are the part of 3 tier Short Term Coop Credit structure:
c. PACS
b. It can finance for long term credit needs of the farmers like irrigation
structure (Tube well, etc.)
06. What is the main function of District Central Cooperative Bank (DCCB)?
216
d. None of the above
08. What is ‘Apex Bank’ in the context of rural cooperative credit structure?
11. What is/are correct statement(s) about credit flow to agriculture in the
country?
217
b. The share of Commercial banks in agricultural credit has increased
to 77% in 2019-20.
01. (d) 02. (d) 03. (d) 04. (c) 05. (c) 06. (c) 07. (c) 08. (a) 09. (c) 10. (c)
11(c)
218
Lesson No. 3: Cooperatives in Five Year Plans and Important Acts for
Development of Co-operative Credit Institutions
3.3.1 Objectives
3.3.2 Introduction
3.3.3 Emphasis on Cooperatives in Five Year Plans
3.3.3.1 The First Five Year Plan
3.3.3.2 The Second Five-Year Plan
3.3.3.3 The Third Five Year Plan
3.3.3.4 The Fourth Five Year Plan
3.3.3.5 The Fifth Five Year Plan
3.3.3.6 The Sixth Five Year Plan
3.3.3.7 NABARD Act, 1981
219
3.3.1 Objectives
3.3.2 Introduction
3.3.3.1 The First Five Year Plan (1951-56), outlined in detail the vision of
the cooperative movement in India and the rationale for emphasizing
cooperatives and panchayats as the preferred organizations for economic and
political development. The Plan emphasized the adoption of the cooperative
method of organization to cover all aspects of community development. It
provided for setting up of urban cooperative banks, industrial cooperatives of
workers, consumer cooperatives, housing cooperatives, diffusion of
knowledge through cooperative training and education and recommended
that every government department follow the policy of building up
cooperatives.
A major initiative at this time was the setting up of the Gorwala Committee,
popularly known as the All India Rural Credit Survey which submitted its
report in 1954. This committee examined the various issues and made
important recommendations on Cooperatives. It was this committee which
said the famous statement that “In the village itself, no form of credit
organization will be suitable except the cooperative society… Co-operation has
failed, but co-operation must succeed”
220
3.3.3.2 The Second Five-Year Plan (1956-1961), emphasized “building up a
cooperative sector as part of a scheme of planned development” as being one
of the central aims of National Policy. It aimed at enabling cooperatives to
increasingly become the principal basis for organization of economic activity.
The Plan drew up programmes of cooperative development based on the
recommendations of the All India Rural Credit Survey Committee (AIRCS).
Following were the important highlights of the Second Five Year Plan:
221
was also set up in 1958 at the Centre. Marketing cooperatives along
with the agricultural cooperatives played a major role in promoting the
‘Green Revolution’ by providing credit and inputs to farmers as well as
processing their increased outputs.
3.3.3.3 The Third Five Year Plan (1961-1969) stressed that “Cooperation
should become, progressively, the principal basis of organization in branches
of economic life, notably agriculture, minor irrigation, small industries and
processing, marketing, distribution, rural electrification, housing and
construction and provision of essential amenities for local communities. The
Plan also added that even the medium and large industries and in transport,
an increasing range of activities can be undertaken on cooperative lines”.
From the mid-sixties onwards, agro processing cooperatives, like sugar and
spinning grew in number.
During the Third Five Year Plan, following National Institutions were set up:
In 1964, Shri Lal Bahadur Shastri, the then Prime Minister of India visited
AMUL dairy at Anand (Gujarat) and, impressed by the socio-economic
transformation brought about by milk cooperatives, National Dairy
Development Board (NDDB) was set up as a national level organization to
replicate the Anand pattern of cooperatives in milk throughout the country.
With the setting up of NDDB, the Indian dairy cooperative movement received
an impetus. Later on, NDDB also ventured into the field of edible oils.
222
accelerated and programmes for dairy, poultry, fishery. Many labour
cooperatives were set up during this period.
3.3.3.4 The Fourth Five Year Plan (1969-1974) gave high priority to the re-
organization of cooperatives to make cooperative short-term and medium-
term structure viable. It also made necessary provisions to provide
cooperatives with management subsidy and share capital contribution, as
well as for the rehabilitation of Central Cooperative Banks. It also emphasized
the need to orient policies in favour of small farmers.
3.3.3.5 The Fifth Five Year Plan (1974-1979) took note of the high level of
over-dues. In its recommended strategy for cooperative development, the
correction of regional imbalances and reorienting the cooperatives towards
the under-privileged was to receive special attention. Based on the
recommendations of an Expert Group appointed by the Planning Commission
in 1972, structural reforms of the cooperative set-up were envisaged. The Plan
recommended the formulation of Farmers’ Services Cooperative Societies as
had been envisaged by the National Commission on Agriculture and stressed
the need for professional management of cooperatives.
3.3.3.6 The Sixth Five Year Plan (1979-1985) also emphasized the
importance of making cooperative efforts more systematically directed
towards improving the economic conditions of the rural poor. The Plan
recommended steps for re-organizing Primary Agricultural Credit Societies
(PACS) into strong and viable multi-purpose units. It also suggested
strengthening the linkages between consumer and marketing cooperatives.
Consolidation of the role of Cooperative Federal Organizations, development
of dairy, fishery and minor irrigation cooperatives, manpower development in
small and medium cooperatives were some of the planned programmes in this
Five Year Plan.
223
3.3.3.8 Multi-State Cooperative Societies Act, 1984
3.3.3.9 The Seventh Five Year Plan (1985-1990) pointed out that while
there had been all round progress in credit, poor recovery of loans and high
level of overdues were matters of concern. The Plan recommended amongst
others, development of PACS as multiple activity based viable units;
realignment of policies and procedures to expand flow of credit and ensure
inputs and services particularly to weaker sections; special programmes for
the North Eastern Region; strengthening of consumer cooperative movement
in urban as well as rural areas and promoting professional management.
The opening up of the economy in 1990, and the liberalized economic policies
followed by the government since then, led to increasing pressures for various
governments, state and central, to bring about changes that would provide
cooperatives a level playing field to compete with the private sector.
3.3.3.11 The Eighth Five Year Plan (1992-1997) laid emphasis on building
up the cooperative movement as a self-managed, self-regulated and self-
reliant institutional set-up, by giving it more autonomy and democratizing the
224
movement. It also spoke of enhancing the capability of cooperatives for
improving economic activity and creating employment opportunities for small
farmers, labourers, artisans, scheduled castes, scheduled tribes and women
and emphasized development and training of cooperative functionaries in
professional management.
From the Ninth Plan (1997-2002) onwards, there has been no specific mention
about cooperatives as a part of the Plan. Since Cooperation is a State subject
and recognizing the difficulties in having the existing State Cooperative Acts
amended on the lines of the Model Cooperatives Act, a section of cooperators
and civil society initiated action to put in place Parallel Cooperative Legislation
for self-reliant cooperatives.
Self- reliant cooperatives are generally defined as those which have not
received any assistance from the Government in the form of equity
contribution, loans and guarantees. These Acts are largely based on the
recommendations of the Choudhary Brahm Perkash Committee. Nine States
namely AP (1995), MP (1999), Bihar (1996), J&K (1999), Orissa (2001),
Karnataka (1997), Jharkhand (1996)), Chhattisgarh (1999) and Uttarakhand
(2003), have so far enacted Parallel Cooperative Acts which are enabling and
ensure autonomous and democratic functioning of cooperatives. In some
states the term used for these cooperatives is ‘Mutually Aided Coop Socieies
Act (MACS)’.
225
The Act is applicable to Cooperatives w.e.f 02 January 2003 and the co-
operative banks registered under the State legislation and multi-State level
co-operative societies registered under the MSCS Act, 2002 both can take
measures under this Act.
The Act has brought a legal framework for the following important activities
in the credit market:
(a) Securitisation of financial assets
(b) Reconstruction of financial assets
(c) Recognition of any ‘interest’ created in the security for due
repayment of loan as a ‘security interest’, irrespective of its form
and nature but when it is not in the possession of the creditor.
(d) Power to enforce such a security for the realization of money due
to banks and the financial institutions in the event of a default,
without the intervention of the courts.
(e) Enabling provisions for the setting up a central registry for the
purpose of registration of transactions of securitization,
reconstruction and creation of the security interest.
The Provisions of this Act shall not apply to:
• Any security interest created in agricultural land
• Any case in which the amount due is less than twenty percent
of the principal amount and interest thereon.
• Any security interest for securing repayment of any financial
asset not exceeding on lakh rupee
• A lien on any goods, money or security given by or under the
Indian Contract Act, 1872 or the sale of goods Act 1930 or any
law for the time being in force
• Pledge of movables
• Creation of security in any aircraft or vessel
• Any conditional sale, hire purchase or lease or any other
contract in which no security interest has been created
• Any properties not liable to attachment
226
CERSAI was formed with the primary intention of maintaining a centralized
registry of equitable mortgages. This registry contains all relevant information
on mortgages or loans that have been taken out on an assets or property. In
addition, it also contains all relevant information on the bank or lender that
sanctioned the loan on the property as well as information on the borrower.
25
https://pib.gov.in/PressReleasePage.aspx?PRID=1733225
227
3.3.5 Let us sum up
Cooperatives have been assigned very high importance in the country’s Five
Year Plans as it was considered appropriate structure for enabling
development of the masses especially the rural, poor and disadvantaged
sections. Several measures were taken post-independence to have vibrant
cooperatives. Several committees were set up to exclusively study this sector
and make recommendations. Many important organizations were also set up
to provide focus on the development of cooperatives. To provide legal
framework for growth and protection of these institutions, several new Acts
were passed. In a recent historic move, a separate ‘Ministry of Co-operation’ has
been created by the Government of India on 6 July 2021 which will help the
cooperative movement to a great extent. These developments have helped the
cooperative movement in becoming a robust and sustainable movement and
are expected to help it in future also.
3.3.6 Keywords
Five Year Plans, Multi-State Cooperative Societies Act, NABARD, Task Force
on Revival of Cooperative Credit Institutions, High Powered Committee on
Cooperatives. CERSAI, SARFAESI, NAFED, NCDC, NITI Aayog.
2. Some of the committees had felt that cooperatives will never be able to
address the problems of the rural sector.
5. First Five Year Plan (1951-56) outlined the vision of the cooperative
movement in India.
228
Key to questions asked.
01.True. 02. False. 03. False. 04, False 05. True 06. False 07. True
a. 1951-56
b. 1956-61
c. 1991-96
d. 2000- 2005
2. An important committee which was formed during First Five Year Plan
was:
3. In the Third Five Year Plan, NCDC was set up. Expansion of NCDC is:
4. In 1964, Shri Lal Bahadur Shastri, the then Prime Minister initiated
setting of NDDB. NDDB means?
229
b. Northern Cooperative Union of India
c. Setting up of NABARD
d. Setting up of NCDC
230
10. What is correct about Cooperation in India?
01 (a) 02 (c) 03(c) 04(b) 05(a) 06(c) 07(b) 08(a) 09(c) 10(a)
231
Unit 4: Recommendations of Select Committees
4.1 Lesson No1: All India Rural Credit Survey Committee, 1954
4.1.1 Objectives
4.1.2 Introduction
4.1.3 Viewpoints of the committee
4.1.4 Major recommendations of the Committee
4.1.5 Developments after the Committee’s report
4.1.6 Let Us Sum Up
4.1.7 Key words
4.1.8 Check Your Progress questions
4.1.9 Terminal Questions
4.1.10 References for further reading
232
4.1.1 Objectives
4.1.2 Introduction
A major watershed initiative undertaken by GOI in the year 1951, was the
appointment of the Gorwala Committee, popularly known as the All India
Rural Credit Survey (AIRCS) Committee on the Cooperative Movement in
India. The committee was set up to understand the position of rural sector
in general and to have a proper survey. The Committee, headed by Shri A. D.
Gorwala, an officer of the Indian Civil Service as its Chairman submitted its
report in 1954. It helped the Government to take number of corrective steps
to strengthen the rural system.
The All-India Rural Credit Survey, covered seventy-five districts around the
country. Eight villages in each of the seventy five districts were chosen for the
survey, A sample of fifteen households from each of the selected villages was
taken, with a view to recommend practical policies on rural credit for the
future. The survey was struck by the utter insignificance of co-operatives in
providing rural credit. It observed that ‘Positive and deliberate’ measures
rather than ‘small administrative, functional or other changes’ were required
to ensure the success of co-operative credit institutions and enable them to
become self-supporting. It observed that a large part of the country were not
covered by cooperatives and in such areas where it had presence, a large
segment of the agricultural population remained outside its membership.
Even where membership did exist, the bulk of the credit requirement (75.2%)
was met from other sources.
233
• In 1951, the AIRCS found that the share of banks as a whole in rural
credit was less than 1 percent. Further, the role of private commercial
banks in rural credit remained minimal and indirect. AIRCS pointed
out that the advances of commercial banks for the production of
agricultural commodities constituted less than 4 per cent of their total
advances. The AIRCS had wanted involvement of these banks in
agricultural marketing and processing but not directly in farm output.
Rural branches of commercial banks were few and far between despite
a 1954 RBI directive for them to open at least one branch in unbanked
rural and semi-rural areas for every branch opened in previously
banked areas.
• The committee recommended key role for the Reserve Bank of India in
coordinating the proposed network of co-operative institutions and for
its Agricultural Credit Department in over seeing their functioning.
• The State’s tendency was to ‘over-administer and under - finance’ the
co-operative movement. Thus there was the need for an integrated
system of co-operation and rural credit.
• It emphasized the importance of training. The All India Cooperative
Union and the State Cooperative Unions were entrusted with training
of members and office bearers of cooperative organizations.
• Non-economic causes for the failure of the cooperative movement were
basically structural and functional, low educational levels and lack of
training. Multi-purpose Societies had not made any significant
difference.
• Location of both ‘power’ and ‘finance’ continued to be largely urban and
hence more responsive to urban than rural interest; cooperative was in
danger from various vested interests.
4.1.4 Major Recommendations of the Committee
234
• Administrative and other matters including training.
• Creation (establishment) of the State Bank of India by amalgamation of
the Imperial Bank of India and certain other state banks like State Bank
of Saurashtra and others.
• Establishment of a Central Land Mortgage Bank in each State with
more than 51% of State share capital.
• Establishment of Apex Cooperative Marketing Federations in the states.
• Licenses to be issued on a priority basis to cooperative processing
plants.
• State plans for rationalizing and strengthening Central Cooperative
Banks.
• District Marketing Societies on territorial or commodity basis should be
set up with at least 51% State Govt. share capital and suitable technical
staff
• PACS should be with reasonably large membership and share capital
and covering groups of villages. There were detailed observations with
regard to the nature of liability, deposit, reserve, loan operations of
PACS, etc.
• Establishment of primary land mortgage banks and primary marketing
societies located at important mandis or at taluka centers after due
consideration of the conditions of each area.
• Audit to continue to be in the hands of govt. and be strengthened on a
high priority; adoption of uniform standards of audit classification on
an All India basis.
4.1.5 Developments after the Committee’s report
235
there was a need for positive State association with a defined sector of
commercial banking. The Report thus recommended the creation of the
State Bank of India through the statutory amalgamation of the then
Imperial Bank of India and the major State associated banks to
undertake an expeditious program of banking expansion, particularly
in the rural areas.
• The Imperial Bank of India was nationalized and the new State Bank of
India was created in July 1955, in order to give a boost to direct flow of
funds of the banking system into certain neglected, but important,
sectors of the economy such as agriculture and allied activities and
spread banking facilities in rural areas. The flow of funds to the rural
sector increased over the years.
• State Bank of India was asked to open around four hundred branches
in semi-urban areas and start agricultural lending, even if at a loss.
• Reserve Bank of India was authorized to make long-term loans to State
Governments for subscribing to the share capital of co-operative
institutions and to Central Land Mortgage banks and set up the
proposed special funds.
• A third Deputy Governor was appointed in RBI having exclusive
responsibility of rural credit.
• The National Agricultural Credit (Long-term operations) Fund was
created in 1955 and the Reserve Bank was authorized to specify from
time to time, the purposes for which it would make medium-term loans.
Over the years such loans were utilised to finance a wide range of
investments relating to the rural sector.
• The All India Cooperative Congress, held at Patna in 1956, accepted the
principle of state participation and government representation on the
Board of Directors of cooperatives. It resolved that the number of such
nominees should not exceed one-third of the total number of Directors
or three, whichever is less and applicable even to cooperatives having
government share capital in excess of 50% of total share capital. This
recommendation was accepted by the Central Government.
Setting up of the All India Rural Credit Survey Committee in the year 1951
under the Chairmanship of Shri A D Gorwala is considered as the milestone
in the development of rural credit system in India. This committee’s
viewpoints and recommendations paved way for better understanding. It also
helped to take appropriate corrective steps. The recommendations led to
several landmark institutions like State Bank of India, Central Land Mortgage
Banks, Marketing Societies, Etc. Several dedicated funds were created to
support sustainable development of rural credit. Thus, this Committee could
236
be considered as a first major step towards taking stock of things about the
happenings in the rural credit system at that time.
All India Rural Credit Survey Committee (AIRCS), Gorwala, Imperial Bank,
State Bank of India, Central Land Mortgage Banks, Marketing Societies
01. All India Rural Credit Survey Committee suggested for the nationalization
of select commercial banks
03. The ‘All India Rural Credit Survey (AIRCS) Committee recommended
setting up of National Agricultural Credit- Long-term Operations (AC-LTO)
Fund, to be established by Reserve Bank of India.
01- False 02- True 03- True 04. True. 05 True 06. False
a. 1954
b. 1955
c. 1969
d.1980
02. The All India Rural Credit Survey Committee in 1951 was set up under
the chairmanship of
a. Dr D R Gadgil
237
b. Shri A. D. Gorwala
c. Dr. C Rangarajan
d. None of them
b. NABARD
c. Central Government
a. Mahatma Gandhi
d. Vaidyanathan Committee
05. An important observation of the All India Rural Credit Survey (AIRCS)
Committee was :
b. State Bank of India was formed for Government association with the
banking
238
07. To get an idea about the situation of the rural India, the All India Rural
Credit Survey (AIRCS) Committee conducted a survey of:
All India Rural Credit Survey Committee Report (available at RBI Website:
https://www.rbi.org.in )
239
4.2 Lesson No. 2: All India Rural Credit Review Committee, 1969
4.2.1 Objectives
4.2.2 Introduction
4.2.3 Observations/Viewpoints
4.2.6 Keywords
240
4.2.1 Objectives
The objective of this lesson is to understand the significance of the All India
Rural Credit Review Committee.
4.2.2 Introduction
In July 1966, the All India Rural Credit Review Committee (AIRCRC) under
the Chairmanship of Shri B Venkatappiah (known as Venkatappiah
Committee) was formed by RBI with two objectives:
a. First- to review the developments that have taken place in rural credit
since the Report of the Rural Credit Survey Committee (about 15 years
had elapsed after that report); and
4.2.3 Observations/Viewpoints
The AIRCRC, submitted its report in July 1969, just before the nationalization
of fourteen major commercial banks. It came to the conclusion that in large
parts of the country, the marginal and small farmers were deprived of having
access to the credit from cooperatives both for production and investment
purposes. This stressed the establishment of institutional financial agencies
under public sector. Consequently the first spell of nationalization of banks
was done.
AIRCRC submitted the final report in the year 1969 and recommended the
following:
241
• Agricultural Credit Corporations to be set up in States.
• State Coop Banks (StCBs) to play major role in rectifying deficiencies in
cooperative credit and various steps taken.
• To strengthen StCBs.
• StCB through its branches to finance PACS, where CCB is inoperative
and similarly, CCB to finance cultivators where PACS dormant.
• Appropriate staffing and upgradation through training.
• Special grants by State Government to cooperative banks for
employment of staff and to write off irrecoverable debts in certain cases.
• Supersession of management and appointment of Administrative
Officer in special cases.
• Amalgamation of Banks where required.
• Rehabilitation of weak Central Cooperative Banks.
• Promotion of viable units at the primary level so as to ensure that area
of operation is not too large for the cultivators’ convenience.
• Efforts to convert all PACS to limited liability.
• Reactivation of dormant societies or their liquidation.
• State government to contribute additional sums to share capital of
PACS where levels of noncredit business warrant.
• Managerial subsidies to societies which employ a full time paid
Secretary.
• Data verification of land records etc. to ensure reliability of credit
finance.
• Scales of finance to be fixed up and credit to consist of two components
viz., cash and kind.
• Recoveries to be tightened up.
• Supersession of management where Society affairs are unsatisfactory
and Central Bank having a say in the management until a fresh elected
Board is in position.
• State Acts and Rules to incorporate provisions for defaulters to be
disqualified from continuing on Board of Directors.
• Financing of defaulters to be barred, those unable to repay on account
of crop failure to be provided with conversion facilities or in certain
cases to be granted extensions.
242
• Detailed guidelines for structure and resources of LDBs and lending
policies & procedures were laid down.
• Special care to be taken for financing small cultivators. Small Farmers
Development Agency to be established in selected districts for this
purpose.
• RBI Act to be amended to provide for the constitution of Agricultural
Credit Board, which would function through separate Standing
Committees and may also deal with non-agricultural aspects of rural
credit and all relevant aspects of cooperative credit.
• Provisions of the Banking Regulations Act may be gradually extended
to select agricultural credit societies.
• To cover rural electrification aspect, a Rural Electrification Fund to be
administered. Rural Electrification Corporation may be set up for this
purpose.
• The Committee also made recommendations with regard to medium
term finance for agriculture, credit for animal husbandry, fisheries and
other activities, and credit for marketing.
• Grant of pledge loans by marketing societies to members to be
continued subject to certain safeguards.
• Need for qualified staff at all levels and appropriate training was
emphasized; a study team was proposed to examine and design training
courses and determine the magnitude of training required at all levels.
• Training to emphasize practical aspects of working.
• Member education was also emphasized.
• The principle of seasonality should be observed by co-operatives in
lending and recovery of production credit. However, there should be
flexibility in implementing this principle taking into account special
problems, such as those where the cultivators carry on cultivation
almost round the year because irrigation facilities are available and
certain crops, such as coconut, which do not call for expenditure on a
seasonal pattern and provide a yield throughout the year. Cash credit
type of accommodation may be provided to cultivators engaged in
multiple cropping.
• Small Farmers Development Agency (SFDA) and Marginal Farmers
and Agricultural Labourers Development Agency (MFAL): The
Committee observed that small and marginal farmers were not receiving
credit from the cooperative or commercial banks due to various
cumbersome lending procedures and their inability to furnish tangible
243
securities for obtaining loans, undue delays in disbursement of loans
etc., As a result, the marginal and small farmers depended mostly on
the private money lenders for their credit needs paying high rates of
interest and at other exploitative terms. To solve these problem, the
Committee recommended the establishment of Small Farmers
Development Agency (SFDA) and Marginal Farmers and Agricultural
Labourers Development Agency (MFAL) which became operational in
1971. The objectives and functions of both of these agencies were as
follows:
• To assist persons specifically identified from the target group in
raising their income level.
The initiative taken by the RBI /Government in setting up the All India Rural
Credit Review Committee (AICRC) known as Venkatappiah Committee, made
a review of credit related matters for agriculture and rural credit,15 years after
the Gorwala Committee {All India Rural Credit Survey (AIRCS) Committee} and
also examined new dimensions. Further, it made several new
recommendations which had wide ranging impact on agriculture and rural
development in the country. The major recommendations of the Committee
included setting up of Agricultural Credit Corporations in States;
establishment of SFDA and MFAL; strengthening of StCBs; Amalgamation of
Banks where required and rehabilitation of weak Central Banks.
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4.2.7 Check your progress questions State True or False
1. The All India Rural Credit Review Committee was set up under the
Chairmanship of Shri Narasimham.
3. The All India Rural Credit Review Committee was formed in the year 1991.
6. The All India Rural Credit Review Committee was very happy about the
access of small and marginal farmers to credit from cooperatives at that
time.
01. False 02. True 03. False 04. True 05. True 06.False
01. All India Rural Credit Review Committee was setup in the year ____ and
submitted its report in the year____ ?
a. 1951, 1952
b.1966, 1969
c. 1981, 1982
d.1991, 1992
02. All India Rural Credit Review Committee recommended for setting up of
a. SFDA
b. MFAL
245
a. Southern Farmers Dedicated Agency
05. All India Rural Credit Review Committee was headed by:
a. Dr C Rangarajan
b. Prof A Vaidyanathan
c. Shri B Venkatappiah
b. Establishment of NABARD
c. Formation of SIDBI
b. SFDA
246
a. Cooperative banks as well as commercial banks to be involved in
financing for agriculture and allied activities
b. Farmer to have choice from which bank he/she would like to take
loan for agriculture and allied activities
09. Important objectives of setting up the “All India Credit Review Committee
(AICRC) were:
01. (b) 02. (c) 03. (c) 04. (b) 05. (c) 06. (a) 07. (c) 08. (c) 9. (c)
247
4.3 Lesson No 3: Committee to Review the Arrangements for
Institutional Credit for Agriculture and Rural Development
(CRAFICARD), 1981
4.3.1 Objectives
4.3.2 Introduction
248
4.3.1 Objectives
4.3.2 Introduction
At the instance of the Government of India, the RBI appointed, on March 30,
1979, a ‘Committee, to Review the Arrangements for Institutional Credit
for Agriculture and Rural Development (CRAFICARD). The Committee was
headed by Shri B Sivaraman, former member of Planning Commission, GoI.
Its recommendations have led to several important and long lasting changes
in agricultural and rural credit in the country.
1. The national policy objective of growth with social justice requires that
integrated rural development must embrace all the poor households.
249
The normal criterion of banking that a family of rural poor is not credit-
worthy would have to give place to the concept that many of the poor
can be brought into the mainstream of economic development through
credit-worthy programmes.
2. For successful implementation of the programmes for the rural poor, it
is necessary to identify them as target groups. These are:
small/marginal farmers, agricultural labourers, rural artisans,
scheduled castes and scheduled tribes.
3. The ARDC definition of small farmer based on income criterion was
precise and workable, while the GoI definition based on acreage, aims
to restrict subsidy, as a matter of policy, to a smaller number among
them, on the principle of Antyodaya. The credit institutions must
ensure that those coming under the GoI definition are given absolute
priority.
4. The household will remain the basic unit of poverty eradication
programme oriented to target groups. From the point of view of credit
institutions it will be useful to classify the poor households into three
categories:
a) Those who can become viable with loan assistance,
b) Those who require some capital-subsidy, in addition to loan, to
become viable and
c) Those who are non-viable and require special assistance from the
State, in the nature of social security. The third category was
outside the purview of the credit institutions.
5. Different methods of reaching the rural poor need to be evolved. Some
sections may have to be approached as well-organised groups such as
co-operative societies, some others will have to be dealt with as informal
groups so as to facilitate group activity and group lending, yet others
have to be approached individually.
6. The Committee viewed the integration inherent in rural development in
four dimensions. Combining credit and programmes for (a)
comprehensive agriculture, (b) tiny, village and cottage industries, (c)
rural services including marketing and (d) infrastructure for production
and supporting services. The committee hoped that the Sixth Plan
would take care of these aspects.
7. In the Committee's view, credit to the weaker sections could be
facilitated by quicker and simpler method of identification of target
groups, simplification of procedures and terms, updating of land
250
records, project based lending and creation of the requisite
infrastructure for ensuring supply of inputs and services.
8. The development agencies including the credit institutions have to plan
and progress together and ensure that credit was tied up with
development programmes and supported by appropriate backward and
forward non-credit linkages.
9. The percentage shares of loans by co-operatives and commercial banks
in different states were more or less the same. Thus, commercial banks'
agricultural credit has been additive and has not substantially helped
to fill the geographical gaps, in the availability of credit, not covered by
co-operatives.
10. Some of the major recommendations of the RBI's Study Team on
Overdues have not been given effect to by most of the state
governments. On the other hand, some of the state governments have
issued, from time to time, blanket stay orders on, or banned coercive
action for, recovery of co-operative dues.
11. The progress in implementation of the rehabilitation programme for
DCCBs has not been satisfactory in many cases. For want of
investigation of overdues on a scientific basis, financial assistance
available to the banks for write off of irrecoverable debts has not been
properly utilized in many cases. Certain essential measures
complementary to the rehabilitation programme, such as, revitalization
and intensive development of PACS, strengthening the arrangements
for supervision, mobilization of resources, etc., have not been taken up
with the desired degree of earnestness.
12. Due to faulty loan proposals, lending without an integrated programme,
lack of effective co-ordination between investment and production
credit, laxity in post-credit follow-up and monitoring of end-use of credit
and above all wilful default, the overdues have been increasing at the
level of PLDBs/branches of SLDBs in several states.
13. In planning the future of reorganised societies, the aim should be to
transform them into a single contact point in the village for all types of
credit. They should have the capacity to serve other rural producers
such as artisans, craftsmen and agricultural labourers in respect of
their economic activities. They have to diversify their functions and
augment their resources and business. The plan must, therefore,
provide for classifying PACS according to the progress achieved from
time to time and for developing them to the next stage, on their onward
march to the ultimate goal of a truly multi-purpose service institution
251
for all types of rural producers. This was the most essential objective to
be achieved.
14. There should be two categories of membership of societies—one
exclusively reserved for the weaker sections distinguished by the lower
rate of share capital prescribed for them and the other earmarked for
those contributing share capital at the usual rate.
15. In the context of fast-changing rural scene with increased economic
prosperity, it was high time that PACS stopped working as mere lending
institutions and took steps to spread banking habit and mobilise
deposits in rural areas. The Committee felt that PACS should
immediately adopt an approach and a system that will bring confidence
to the rural saver and the potential depositor, be he/she a member of
the society or not. The Committee suggests that, to begin with, viable
societies with full-time paid secretaries, good management and
infrastructural facilities like building, may be selected in each state for
the purpose of deposit mobilisation. The StCB and CCBs in each state
should be fully involved in this programme.
16. The CCBs and StCBs are expected to provide a positive leadership in
developing the strength and soundness of the system. They should
create and build up a "Primary Co-operatives Development Fund."
17. The Committee strongly urged that in the matter of dispensing long-
term credit, PACS should act as agents of LDBs.
18. The Committee was gravely concerned at the tendency of some state
governments to exempt whole classes of defaulters and to pay the
amounts from the exchequer, in view of its dangerous implications for
the entire institutional credit system. The Committee therefore, strongly
urged that no state government should resort to such measures in
future. The GoI should prevail upon the state governments not to resort
to such measures.
19. The Committee strongly urged the GoI to consider amending the Indian
Penal Code and other relevant statutes, to provide for deterrent
punishment to willful defaulters. It was also necessary to make a
provision in the law to place the onus on the borrowers to rebut the
presumption that the default was willful.
20. National Co-operative Union of India (NCUI) and the State Go-operative
Unions should draw up and implement time-bound member education
programmes and training programmes for office bearers of all the PACS
with active financial aid administrative support from the GoI and the
state governments. Attempts should be made to familiarise the
252
members with the functional aspects of their societies, their duties as
members, and how they can help in developing the societies.
21. State governments should urgently review the existing machinery for
the audit of societies, strengthen it and also maintain it as an
autonomous entity.
22. Commercial banks should be encouraged to bring together people with
common interests and purposes into homogenous groups for the
purpose of development programmes and give them the required credit
along with other necessary services. The groups may be formal or
informal. If the form of a co-operative society was favoured or preferred,
it should be made possible for such a functional co-operative society to
be registered and supervised by the Registrar of Co-operative Societies.
The idea prevalent in some quarters that all co-operative societies
should be affiliated to and be financed by co-operative credit
institutions only and by none other, should be discarded as outmoded
and injurious to the interests of the target groups.
23. Systematic and concerted efforts have to be made over a long period by
all concerned to foster attitudinal changes and to develop the right kind
of 'rural bankers'. These efforts have to be in various fields such as
recruitment, training, rewards, penalties, etc. GoI, RBI and NABARD,
when established should devote attention to these important aspects.
24. The recommendation of the Dantwala Committee was endorsed for the
transfer of entire control, regulation as well as the promotional/
developmental responsibility relating to RRBs from the GoI to the RBI,
with the modification that NABARD will take the place of the RBI in the
new set-up. Necessary amendments to the RRB Act may be made at the
earliest so that there will be a single overseeing authority to look after
RRBs.
25. The Committee considered the desirability and feasibility of establishing
a national bank for rural development in the light of integrated rural
development. It studied the views expressed by the All India Rural
Credit Review Committee (AIRCRC), the Administrative Reforms
Commission the Banking Commission and the National Commission on
Agriculture. The reasons for having a separate national level bank for
agriculture and rural development had been spelt out lucidly by the
AIRCRC. On examination of these reasons, the Committee felt that
there was a need for a new organisational device for providing
undivided attention, forceful direction and pointed focus to the
credit problems arising out of integrated rural development. The new
national level institution for integrated rural development may take over
from the RBI the existing refinance facilities for agriculture, rural
253
artisans and village industries and expand them as suitable. The new
institution be named as the National Bank for Agriculture and Rural
Development (NABARD).
26. NABARD will be the refinancing agency for the entire rural credit
system. Being an institution within the RBI complex, the statutory
inspection of co-operative banks and RRBs may also be taken up by
NABARD on an agency basis. The RBI can take occasional test
inspections of these banks with a view to satisfying itself that their
operations are being carried out in conformity with the provisions of the
Banking Laws.
27. The important close links of NABARD with the RBI envisaged were:
a) RBI may own 50 per cent of share capital of NABARD and the remaining
50 per cent may be owned by Government of India only.
b) The Board of NABARD may be a nominated Board of not exceeding 15
members and 3 directors excluding the Chairman may be from among
the directors of the Central Board of the RBI.
c) A Deputy Governor of the RBI should be appointed as Chairman of the
Board.
d) The Managing Director should be appointed by the Board after
consultation with the RBI.
28. The authorised and paid-up capital of NABARD may be Rs. 500 crores
and Rs. 100 crores, respectively, owned equally by the RBI and
Government of India. In view of this share holding arrangement, there
was no need for payment of a minimum dividend. There should also be
no difficulty in exempting NABARD from the payment of income-tax as
there would be no private shareholders.
29. While NABARD should be free to recruit its own staff, and would be
administratively independent of the RBI, the personnel connected with
the items of work transferred to NABARD will provide the nucleus, to
begin with. The legitimate interests of such staff will have to be
safeguarded.
30. As regards resources for term lending operations by NABARD, the
existing arrangements of the ARDC should continue.
31. There should be an enabling provision for NABARD to receive deposits
from the StCBs, LDBs as also other deposits such as those accruing
incidentally in the business of NABARD.
32. The three tiers are three functional components of a single structure of
co-operative credit and a part cannot be removed without impairing the
structure as a whole. Hence, in our opinion, while a two-tier structure
{i.e. StCB and PACS) may be continued in smaller states and Union
Territories, the three-tier structure could remain as the general pattern
for bigger states.
254
33. Where any component of the structure has developed serious
organisational or operational weaknesses and has proved to be a
hindrance to the smooth flow of credit, changes will have to be made in
the set-up. The specific recommendations of the Committee regarding
the arrangements to be made in areas where credit flow was choked, were
as under:
a) Where the non-functioning of any particular tier was due to external
factors, these factors should be removed.
b) A quick analysis of weak DCCBs may be made with reference to the flow
of credit, recovery performance etc., to identify areas where credit flow
was choked by their existence. In such cases, the StCB may open its
branches in the district concerned and undertake direct financing of
PACS.
c) Where the working of DCCB can be improved, if concerted efforts are
made, the bypassing of the institution may be resorted to as a
transitional measure, and vigorous steps taken to place it on an even
keel.
d) A more detailed examination of the financial position of DCCBs may be
undertaken. Where the functioning of a particular DCCB has been
jeopardised to such an extent that the possibilities of its rehabilitation
within a reasonable period of time, say five years, are remote, the
liquidation or merger of the CCB with the StCB may be resorted to.
e) Where the DCCB was to be liquidated, the StCB may consider
sponsoring of a RRB as an alternative to the extension of its own branch
network and serve the PACS through it.
34. A beginning may be made at the primary level for integration of credit by
making PACS, the organisation for retailing of all types of credit. The
scheme may be initially started on a pilot basis in selected areas which
are served by societies having a whole time trained secretary, competent
management and a satisfactory balance sheet. Broadly, the functions in
respect of long-term credit to be undertaken by the societies will cover
collection of applications, their preliminary scrutiny, disbursement of
loans and the supervision and recovery thereof for which commission
may be allowed by LDBs to cover the cost of such services. Moreover, the
PLDBs/branches of state LDBs should also send to the PACS concerned
the list of their loanees so that the latter could be enrolled as their
members, if they were not members already, so as to meet their
requirements of production credit.
35. RBI cannot, under its statute, provide funds for periods longer than 5
years. The funds required for the LDB structure have had to be raised
from the market or more recently from International Development
255
Association (IDA) of the World Bank through GoI. Institutional
specialization, based on such temporary and tenuous grounds need not
be continued after the establishment of NABARD which will be competent
to handle both types of refinance (short term and long term). Thus, there
should be facility for PACS and their higher level bodies to advance loans
upto seven years. Similarly, the long term structure may be permitted to
provide loans for periods of 3 years and above. Suitable provisions will
have to be made by the state government in their Co-operative Societies
Acts, for the purpose.
36. Since rural development programmes are being undertaken in all the
development blocks in the country and financing of all the beneficiaries
under the programmes would involve some risks to the financing
institutions, the adequacy of existing arrangements to cover the risks to
be taken by CCBs and PACS should be examined and adequate
arrangements made to cover the risks by additional contribution to their
risk funds, or, if possible, by bringing them within the scope of the
Deposit Insurance and Credit Guarantee Corporation (DICGC).
37. If cooperative credit institutions were to function as autonomous bodies
and implement national policies effectively, in the sphere of rural credit,
there was an urgent need for a national consensus amongst political
parties to halt politicization of the co-operatives. As an immediate
measure, a vigorous educational programme should be launched to see
that office-bearers and members of co-operatives are adequately
educated regarding their obligations and responsibilities towards their
organisations. Taken up on a sufficiently large scale, a programme of this
kind should help develop genuine co-operative leadership. NCUI may be
the appropriate agency for taking initiative in this matter.
38. Supersessions of boards of StCBs and CCBs have often been ordered to
serve the political ends of the powers that be. The Banking Regulation
Act, 1949 (As applicable to Co-operative Societies) places certain duties
and responsibilities on the RBI. Obviously, RBI cannot discharge these
responsibilities satisfactorily if the managements of cooperative banks
are changed arbitrarily. With a view to preventing politically motivated
summary dissolutions of the boards of co-operative banks, a provision
should be incorporated in the Banking Regulation Act, 1949 (As
applicable to Co-operative Societies) making it obligatory on the part of
the state government to seek prior consultation with the RBI when it
proposes to supersede the boards of managements of co-operative
banking institutions. In the case of LDBs, which are not covered by the
B.R. Act, 1949 (As applicable to Co-operative Societies), the
RBI/NABARD should make it a condition for providing financial
assistance that supersession of the board of management of the
256
concerned LDB should only be with the prior consultation of
RBI/NABARD. At the same time, the Co-operative Societies Act in each
state should also suitably amended making it incumbent on the state
government to have prior consultation with the RBI before resorting to
supersession of the boards of management.
39. Co-operative banks may take the initiative to enter into consortium
arrangements with commercial banks for financing agro-industries,
including processing units. The cooperative banks should be allowed to
charge higher interest on agricultural loans to large farmers compared
to small farmers. No ceiling need be fixed on such interest rates.
40. In the multi-agency set-up of rural finance, rigid classification by the
period of term loans was no longer expedient. Hence, the statute should
be suitably amended to enable LDBs to provide all kinds of term loans
including composite loans.
41. LDBs should invariably provide production finance along with term loans
for activities such as plantation, sericulture and poultry. In cases where
such composite loans are not to be given, LDBs should ensure that the
borrowers concerned become members of PACS and are provided with
production credit.
42. In the Interim Report, the Committee stated that the National
Agricultural Credit (Long Term Operations) (NAC-LTO) Fund and the
National Agricultural Credit (Stabilization) (NAC-Stabilization) Fund
should remain with the RBI as at present. However, on re-examination
of the issue at the time of drafting of the NABARD Bill, it was felt that
keeping these Funds with the RBI and asking NABARD to present its
drawal proposals every time may lead to avoidable delays, inconvenience
and confusion of roles. Hence, these two Funds should be transferred to
NABARD and form part of the National Rural Credit (LTO) Fund and the
National Rural Credit (Stabilization) Fund, respectively, to be constituted
and maintained by NABARD. RBI may make annual contributions to the
two Funds to be constituted by NABARD. Besides, NABARD would also
make such annual contributions to these two Funds as it may be in a
position to do.
4.3.5 Let us sum up
257
consultation with RBI. On account of a separate exclusive organization, the
concentration on rural credit became possible and effective and the country
today can see the large scale benefits of the same. Besides that there were
several other recommendations which were very important for sustainable
and equitable growth of agriculture and rural credit.
7. CRAFICARD recommended that RBI should not have any links with
NABARD.
258
Key to questions asked
b. Agricultural Banks
d. None of these
a. Rural areas
b. Towns
c. Tribal areas
b. Ministry of Finance
c. World Bank
259
5. The recommendations of CRAFICARD regarding PACS were:
a. PACS should become ‘Single Contact Point’ for all types of credit
a. Dr C Rangarajan
b. Prof A Vaidyanathan
c. Shri B Sivaraman
a. 1991
b. 1976
c. 1982
d. 1951
a. NABARD
260
d. NCDC
1. (d) 2. (a) 3. (c) 4. (a) 5. (c) 6. (b) 7. (c) 8. (c) 9.(c) 10. (c)
Rudra Pratap Singh (1993) National Bank for Agriculture and Rural
Development, Deep & Deep Publications
261
4.4 Lesson No. 4 Vaidyanathan Committee, 2004 - GOI Revival Package
4.4.1 Objective
4.4.2 Introduction
4.4.13 Keywords
262
4.4.1 Objective
4.4.2 Introduction
263
3. To make an assessment of the financial assistance that the Cooperative
Banking Institutions will require for revival, the mode of such
assistance, its sharing pattern and phasing.
4. To suggest any other measures required for improving the efficiency and
viability of Rural Cooperative Credit Institutions.
The Task Force focused on Short Term Credit Cooperative Structure
comprising of State Cooperative Banks (StCB), District Central Cooperative
Banks (DCCBs) and Primary Agricultural Cooperative Societies (PACS).
4.4.4 Nature and Extent of Impairment and Remedial Measures
The Task Force, having perused the reports of earlier committees, agreed with
their central approach and thrust that the cooperative credit structure (CCS)
needs:
The Task Force was of the view that financial restructuring of the cooperative
credit structure (CCS) must follow some basic principles such as:
264
put in position an environment and specific measures that could enable
the PACS to evolve into democratic, self-governing and financially well
managed institutions.
• Recapitalization must cover the aggregate erosion of capital in all the
tiers of the CCS. The Task Force recommended that recapitalization be
limited to institutions that conform to the standards of eligibility
prescribed by it. At the same time, it also recommended the future
setup of the remaining non-viable, dormant and defunct credit
cooperatives or banks- by way of mergers, amalgamations or closure.
The Task Force suggested transitional arrangements to ensure flow of
credit in the areas of operation of such societies.
• Adhering to the principle that a behavioral shift cannot occur without
a strong incentive, the Revival Package combined a generous and
comprehensive capitalization package, with a stringent set of
conditionalities for legal and institutional reforms. The Task Force gave
options to State governments and the CCS to accommodate ground level
diversities in implementing the Revival Package in a phased, but time-
bound manner.
The major issues taken into consideration in working out the details of
financial reconstruction included:
265
At present, most of the institutions of the Cooperative Credit Structure restrict
membership, with full voting rights to borrowers. Depositors are categorized
as nominal members without voting rights, or are not given any membership
status. This is inconsistent with cooperative principles and democratic
functioning. All users – depositors and borrowers, must be made full members
with equal voting rights. This is essential to strengthen the mechanisms of
internal supervision and enforcement of credit discipline.
The Revival Package for the CCS entailed assistance for financial
restructuring of the cooperative societies, provided that their State
Governments agreed to participate in the package. It was also imperative that
the State Governments made a formal commitment to make specified changes
in their legal and administrative frameworks, relating to the functioning of
cooperative credit institutions. Although, the willingness for participating in
the Revival Package would be totally optional, once exercised, the State
Government concerned and the CCS units will have to accept the entire
package in totality. There cannot be a pick and choose method for various
components of the package.
266
specified number of professionals as full members with voting rights, if
members with such qualifications do not get elected.
iv. Professionally qualified CEOs (qualifications to be prescribed by RBI
and selected candidates to be also approved by the RBI) are appointed
at cooperative banks and properly trained personnel as secretaries to
PACS.
v. To abolish the cadre system of all employees at all levels.
vi. To ensure that CEOs and all staff of credit cooperatives (including
cooperative banks) at all levels, are appointed by the cooperatives
themselves and that they also decide on their service conditions. All
employees are answerable only to the Boards of the credit cooperatives.
vii. In all cases, limit the powers of the Board to overall policy and reviewing
loan decisions, leaving the CEO and his/her staff free to screen,
appraise and decide on individual loan applications and to take such
action as is necessary, to ensure prompt and full recoveries.
The Task Force also recommended that, in the interests of prudent
management,
i. All thrift and credit cooperatives including primaries and their federal
structures be required to increase owned capital, so as to ensure a
minimum CRAR of seven per cent to begin with, and to raise it to 12
per cent within next five years;
ii. Encourage the Cooperative Credit Structure to set up its own system of
technical support, supervision and deposit protection;
iii. Societies to have full freedom to choose institutions from which they
can borrow and in which they can deposit their funds, and also to
decide on affiliating with, or abstaining from a federated structure
of their choice;
iv. Entrust audit to chartered accountants at all levels of CCS;
v. The State Governments and CCS institutions should further agree to
the principle that assistance will be available only to ‘viable’ or
‘potentially viable’ societies (as prescribed by the Task Force) and that
those which are defunct or non-viable should be liquidated.
4.4.6 Implementation Mechanism
267
guidance and instructions to the cooperative banks and PACS undergoing
restructuring, for proper implementation of the program, including mid-
course corrections, wherever necessary.
NABARD would guide the field level implementation teams in approving bank
specific restructuring programs, enter into agreements with individual banks
covering the terms and conditions of the programs, and follow up its progress
with the bank and other agencies concerned. Among other things, it will also
have the authority to operate the funds earmarked by the GOI and ensure its
proper use. To provide overall guidance and to monitor the progress of the
process at the National and State levels, however, it was necessary to have
independent committees of stakeholders with defined responsibilities.
268
(c) District level
NABARD would prepare model MOUs and model balance sheet pro forma for
PACS and DCCBs, get accounting systems designed, get common software
and hardware plan prepared, and design training modules and manuals. All
implementation costs, including costs of dedicated teams at the district, State
and national levels, would be fully met through GoI grant support.
It was recommended that the scheme be kept open for a period of two years
for the State Governments to decide on their participation, and may be closed,
for the purpose of accepting participation in the scheme, on 31 March 2008.
Similarly, the scheme may be closed for the purpose of any disbursement of
assistance after three years from the date of signing of the initial MOU by the
State Government with the GoI. It also recommended winding up of unviable
PACS to the SLIC for action by RCS.
There were several issues relating to the transition for ensuring that it was as
smooth as possible and with minimum disruptions in the flow of credit to
rural areas. The exact number of societies at different levels that would be
eligible for assistance and the quantum of assistance they are entitled to could
be determined only after their latest accounts are properly audited. The
number of dormant and non-viable societies was likely to be large. The
mechanisms and processes by which they were to be liquidated was one issue.
There were several alternatives:
269
• Merger with nearby healthy societies;
• Takeover of ground level lending in the service area of liquidated PACs
by neighboring PACS, CCBs, CBs and RRBs or
• As a last resort, take over by the DCCBs as their extension counters
functioning under the supervision of their nearest branch.
All these should be viewed basically as a transition phase to ensure that credit
flow to the areas served by dormant and non-viable societies was not impeded.
The expectation was that in due course, new societies under the model law
will come into being and take over the function of providing credit at the local
level.
In the case of DCCBs and StCBs, although almost two out of five were non-
compliant with Section 11 of the BR Act, 1949 (AACS) at that point of time, a
number of them would become compliant once the accumulated losses of the
PACS were taken care of. Even so, they would need close attention and
supervision to ensure that they continued to perform to the prescribed
standard. There might still remain several cooperative banks, needed to be
liquidated or merged with the nearest restructured DCCB, which would serve
the needs of their service areas.
The Task Force underscored the fact that institutional credit to rural areas
tend to serve mostly those who have some land and/or other productive assets
270
to offer as collateral. Lending was skewed markedly in favor of the larger and
better off segments of rural society.
Those who had little or no productive assets of their own - consisting of those
who owned very small amount of land, tenant farmers and the landless -
constituting the large majority of the rural population, hardly benefited from
cooperative credit. Remedying this deficiency would be a major challenge for
the future.
The practice was to make provisions on the basis of actual repayment record.
There were doubts whether prescribed provisioning norms on this basis was
done systematically and adequately. No such norms were prescribed for
PACS. Moreover, the actual repayments are heavily influenced by ad hoc
policy decisions, usually at the behest of the government, to suspend, delay
or even waive recovery. These decisions were based on particular events of
crop shortfall or failure without considering whether the extent of shortfall
were within the normal risk band.
271
The Task Force on Revival of Rural Co-operative Credit Institutions
(Vaidyanathan Committee) submitted its final report in February 2005.
Besides the other recommendations, the report recommended implementing
financial package of around Rs.15000 crores for rural co-operative credit
institutions. The committee recommended a ‘bottom up’ approach for reforms
i.e., the bottom line rural credit institutions must be improved first and
thereafter, they would give effect to top level institutions and machineries
involved up to the Government level.
The recommendations of the Task Force were based on two basic aspects:
272
The reform package largely referred to the “bottom-up” approach in
addressing the issues of the primaries first and then moving to the upper
tiers. However, top-down approach is required for the reforms in regulatory
environment which is in the hands of the State Governments.
While the recommendations stated that the primary should be free to attach
themselves to any financial institutions, including the commercial banks, it
is unlikely that this would be sustainable in the immediate run in case the
state Co-operative banks cease to exist.
The Task Force did not specify any viability norms in the revival package.
Unlike consumer Co-operatives (from where the Co-operative principles
emerged), financial co-operatives are complex organizations by design. This is
because there is a set of savers and a set of borrowers both as members. The
role of the same person might change from situation to situation and therefore
there is a complex relationship between the people who supply finances and
people who demand finances being at the same forum. Till now, these
institutions have largely been borrower centric. Any borrower centric
institution is likely to fail on account of sheer conflict of interest. Wherever
credit Co-operatives have been successful it has been because the promoters
had the long term vision to build in members financial stakes also. Therefore
the suggestion of the task force that savings should be given due importance
with all members (including savers) getting full voting rights is indeed
important. However, the task force has not made any recommendations on
how the member’s stakes could be built to ensure that these institutions
sustain themselves for a long time. Past researches show that solid
organizations are built with significant member stake.
273
4.4.9 Implementation of Revival Package for Short Term Rural
Cooperative Credit Structure (STCCS) -- Progress
An amount of Rs. 9,002.11 crore was released by NABARD as GoI share, while
the State Governments released Rs. 855.53 crore as their respective share of
recapitalisation of 52,902 eligible PACS in 17 States26.
Guidelines and formats for conduct of special audit were circulated to all
participating States. Further, training for master trainers and departmental
auditors for conduct of special audit of PACS has been completed in all 25
implementing States. So far, special audit has been completed in 80,883 PACS
across 25 States.
26
NABARD Annual Report (2013) , Page 28-29
274
4.4.10 Impact of the Revival Package
• Small and marginal farmer coverage was a priority with the CCS and
continued to be around 70% during the period 2006-07 to 2009-10 in
Madhya Pradesh and Uttar Pradesh.
27
RBI (2013) Expert Committee to examine Three Tier Short Term Cooperative Credit Structure (ST CCS),
Chairman- Dr. Prakash Bakshi
275
mutual thrift and credit. For improving financial viability, it suggested a one-
time package called ‘Revival Package’ of about Rs 15000 crore to strengthen
the cooperative credit institutions, especially PACS. It also suggested giving
autonomy to these credit institutions and reducing Government interference
in their operations. The package has helped in the revival of the Co-operative
credit sector to a large extent.
Task Force, Prof Vaidyanathan, The Task Force on Revival of Rural Co-
operative Credit Institutions, Vaidayanathan Committee, Revival package,
Capitalization, Sharing pattern, Control, Chartered Accountants, Bottom-up
Approach, Stabilizing
276
10. The committee observed that the cooperatives can only be revived, if they
become democratic, self-governing, self-reliant organisations for mutual
thrift and credit.
01. The ‘Task Force on Revival of Rural Cooperative Credit Institutions’ was
headed by:
(a) Chaudhary Brahma Prakash
(b) Dr. C Rangarajan
(c) Prof. A Vaidyanathan
(d) None of the Above
02. The ‘Task Force on Revival of Rural Cooperative Credit Institutions’ was
constituted in the year:
(a) 1947
(b) 1951
(c) 1991
(d) 2004
03. The ‘Task Force on Revival of Rural Cooperative Credit Institutions’ was
constituted by whom?
(a) Reserve Bank of India
(b) NABARD
(c) Government of India
(d) World Bank
04. The main focus of the ‘Task Force on Revival of Rural Cooperative Credit
Institutions’ was:
(a) To meet the credit requirement of all the farmers
(b) To ensure agricultural credit from all types of banks
(c ) To prepare action plan for reviving rural cooperative banking institutions
(d) None of the above
277
05. The ‘Task Force’ recommended entrusting audit to Chartered Accountants
at
(a) Top levels of CCS
(b) Selected levels of CCS
(c ) Identified levels of CCS
(d) All levels of CCS
06. The reform package largely refers to the ___________ approach in
addressing the issues of the primaries first and then moving ahead.
(a) Bottom-up
(b) Top-down
(c) Pragmatic
(d) Non-discriminatory
07. As per the Task Force recommendations, the ____________will prepare
model MOUs, model balance sheet pro forma for PACS and DCCBs.
(a) Committee
(b) Reserve Bank of India
(c) State Governments
(d) NABARD
08. The major issues taken into consideration in working out the details of
financial reconstruction include
(a) Criteria for determining eligible purposes / institutions
(b) The quantum of assistance required / the sharing pattern
(c) Conditionalities / timeframe
(d) All of these
09. The Task Force made specific recommendation that :
(a) A ‘Revival Package’ to wipe out the losses and strengthen the entire Short
Term Cooperative Credit Structure
(b) State Government should accept the Scheme in full including legal and
regulatory changes
(c) Both (a) and (b)
(d) None of the above
10. The implementation of the ‘Task Force on Revival of Rural Cooperative
Credit Institutions’ was carried out by whom?
278
(a) Government of India
(b) Reserve Bank of India
(c) NABARD
(d) World Bank
11. The package recommended by the ‘Task Force’ was accepted by how
many states by signing the Memorandum of Understanding (MoU)?
(a) All the states
(b) 11 States
(c) 25 States
(d) None of the States
12. The approximate quantum of financial support under the package
recommended by the ‘Task Force’ was?
(a) Rs 100000 crore
(b) Rs 15000 crore
(c) Rs 1000 crore
(d) None of the above
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Unit 5: Important Provisions of Select Acts
5.1 Lesson No1 Cooperative Societies Act and the 97th Amendment to
the Indian Constitution
5.1.1 Objectives
5.1.2 Introduction
5.1.3.3.1 Evolution
5.1.3.3.2 Registration
5.1.3.3.4 Audit
5.1.3.3.7 Rules
5.1.6 Keywords
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5.1.1 Objectives
5.1.2 Introduction
The second part of the Chapter relates to the 97th Amendment to the Indian
Constitution regarding cooperatives, which is a landmark decision to bring
cooperatives to the focus of attention at the highest level.
The Cooperative Credit Societies Act, 1904 was modeled largely on the English
Friendly Societies Act, 1896. It was simple and elastic and was operational
throughout India. It was based on the recommendations of Sir Frederick
Nicholson for establishment of cooperative societies on the Raiffeisen model,
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popular in Germany. Sir Nicholson’s recommendation was for the creation of
village banks hence the operation of the Act was restricted to credit only.
282
societies in other areas. The necessity of removing deficiencies of the above
was also felt. Accordingly, the second Cooperative Societies Act was passed in
1912.
The Cooperative Societies Act 1912 retained the principle of simplicity and
elasticity embodied in the 1904 Act. It recognized the necessity of organizing
large societies for proper supervision of credit and also paved the way for
creation of central and non-credit societies.
5.1.3.3.1 Evolution
This Act may be called the Co-operative Societies Act, 1912; and It extends to
the whole of India.
Definitions
a) "by-laws" means the registered by-laws for the time being in force, and
includes a registered amendment of the by-laws;
b) "committee" means the governing body of a registered society to whom
the management of its affairs is entrusted;
c) "member" includes a person joining in the application for the
registration of a society and a person admitted to membership after
registration in accordance with the by-laws and any rules;
d) "Officer" includes a chairman, secretary, treasurer, member of
committee, or other person empowered under the rules or the by-laws
to give directions in regard to the business of the society;
e) "registered society" means a society registered or deemed to be
registered under this Act;
f) "Registrar" means a person appointed to perform the duties of a
Registrar of Co-operative Societies under this Act; and
g) "rules" means rules made under this Act.
5.1.3.3.2 Registration
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assist such Registrar, and may, by general or special order, confer on any
such persons all or any of the powers of a Registrar under this Act.
a) Hold more than such portion of the share capital of the society,
subject to a maximum of one-fifth, as may be prescribed by the
rules; or
b) Have or claim any interest in the shares of the society exceeding one
thousand rupees.
Conditions of registration
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The word "limited" shall be the last word in the name of every society with
limited liability registered under this Act.
When any question arises whether for the purposes of this Act, a person is an
agriculturist or a non-agriculturist, or whether any person is a resident in a
town or village or group of villages, or whether two or more villages shall be
considered to form a group, or whether any person belongs to any particular
tribe, class, caste or occupation, the question shall be decided by the
Registrar, whose decision shall be final.
If the Registrar is satisfied that a society has complied with the provisions of
this Act and the rules and that its proposed bye-laws are not contrary to the
Act or to the rules, he/she may, if he/she thinks fit, register the society and
its bye-laws.
Evidence of registration
285
5.1.3.3.3 Bye-Laws & Membership
Votes of members
28
‘By Law’ or ‘Bye Law’- is a rule or law established by an organization to regulate itself, as allowed or
provided for by some higher authority
286
2. In case of a society registered with unlimited liability, a member shall
not transfer any share held by him/her or his/her interest in the capital
of the society or any part thereof unless-
a) He/she has held such share or interest for not less than one year;
and
b) The transfer or charge is made to the society or to a member of
the society.
Address of societies
Every registered society shall keep a copy of this Act and of the rules governing
such society, and of its bye-laws, open to inspection, free of charge at all
reasonable times at the registered address of the society.
5.1.3.3.4 Audit
The registration of a society shall render it, a body corporate by the name
under which it is registered, with perpetual succession and a common seal,
and with power to hold property, to enter into contracts, to institute and
defend suits and other legal proceedings and to do all things necessary for the
purposes of its constitution.
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Prior claim of Society
A registered society shall have a charge upon the share or interest in the
capital and on the deposits of a member or past member and upon any
dividend, bonus or profits payable to a member or past member in respect of
any debt due from such member or past member to the society, and may set-
off any sum credited or payable to a member or past member in or towards
payment of any such debt.
288
so nominated to such person as may appear to the committee to be the
heir or legal representative of the deceased member, or pay to such
nominee, heir or legal representative, as the case may be, a sum
representing the value of such member's share or interest, as
ascertained in accordance with the rules or by-laws :
2. A registered society may pay all other moneys due to the deceased
member from the society to such nominee, heir or legal, representative,
as the case may be.
3. All transfers and payments made by a registered society in accordance
with the provisions of this section shall be valid and effectual against
any demand made upon the society by any other person.
Liability of past member
The liability of a past member for the debts of registered society as they existed
at the time when he/she ceased to be a member shall continue for a period of
two years from the date of his/her ceasing to be a member.
The estate of a deceased member shall be liable for a period of one year from
the time of his/her decease for the debts of a registered society as they existed
at the time of his/her decease.
Register of members
Any register or list of members or shares kept by any registered society shall
be prima facie evidence of any of the following particulars entered therein:-
a) The date at which the name of any person was entered in such
register or list as a member;
b) The date at which any such person ceased to be a member.
Proof of entries in societies' books
Restrictions on loans
A registered society can give loans only to its members. However, it can give
loan to another registered society with permission of Registrar. A society with
289
unlimited liability cannot lend money on security of movable property without
sanction of registrar. State Government, by issuing a general or special order,
can prohibit or restrict lending of money on mortgage of immovable property
by any registered society or class of registered society.
Restrictions on borrowing
A registered society shall receive deposits and loans from persons who are not
members only to such extent and under such conditions as may be prescribed
by the rules or by-laws.
Investment of funds
Any registered society may, with the sanction of the Registrar, after one-fourth
of the net profits in any year has been carried to a reserve fund, contribute
an amount not exceeding ten percent of the remaining net profits to any
charitable purpose, as defined in section 2 of the Charitable Endowments Act,
1890.
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Inquiry by Registrar
Costs of inquiry
Recovery of costs
Dissolution of society
291
Cancellation of registration of society
Where the registration of a society is cancelled, the society shall cease to exist
as a corporate body-
292
provided in the case of a Civil Court under the Code of Civil
Procedure, 1908.
iii. Where an appeal from any order made by a liquidator under this section
is provided for by the rules, it shall lie at the Court of the District Judge.
5.1.3.3.7 Rules
1. The State Government may, for the whole or any part of the State and
for any registered society or class of such societies, make rules to carry
out the purposes of this Act.
f) Provide for general meetings of the members and for the procedure
at such meetings and the powers to be exercised by such meetings.
293
at meetings of the committee, and for the powers to be exercised and
the duties to be performed by the committee and other officers.
j) Provide for the persons by whom and the form in which copies of
entries in books of societies may be certified.
m) Provide for the withdrawal and expulsion of members and for the
payments, if any, to be made to members who withdraw or are
expelled and for the liabilities of past members.
p) Provide for the formation and maintenance of reserve funds, and the
objects to which such funds may be applied, and for the investment
of any funds under the control of the society.
q) Prescribe the extent to which a society may limit the number of its
members.
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3. The State Government may delegate, subject to such conditions, if any,
as it thinks fit, all or any of its powers to may rules under this section
to any authority specified in the order of delegation.
4. All rules made under this section shall be published in the Official
Gazette, and on such publication shall have effect as if enacted in this
Act.
The State Government may, by special order in each case and subject to such
conditions, as it may impose, exempt any society from any of the requirements
of this Act as to registration.
The State Government may, by general or special order, exempt any registered
society from any of the provisions of this Act or may direct that such
provisions shall apply to such society with such modifications as may be
specified in the order.
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Indian Companies Act, 1882, not to apply
Every society now existing which has been registered under the Co-operative
Credit Societies Act, 1904, shall be deemed to be registered under this Act,
and its bye-laws shall, so far as the same are not inconsistent with the express
provisions of this Act, continue in force until altered or rescinded.
Based on the National Act, each State has passed its own State Cooperative
Societies Act which is applicable for all the Cooperative Societies in the
particular State. The States have adopted this Act with suitable modifications
and additions/ deletions. Please go through the State Coop Societies Act of your
State to appreciate the differences.
The Constitution (Ninety Seventh Amendment) Act 2011 relating to the co-
operatives is aimed to encourage economic activities of cooperatives which in
turn help progress of rural India. It is expected to not only ensure autonomous
and democratic functioning of cooperatives, but also the accountability of the
management to the members and other stakeholders.
As per the Constitution (Ninety Seventh Amendment) Act 2011 (commonly)
known as 97th Amendment Act, 2011), the changes brought in the Indian
Constitution are as under:-
• In Part III of the constitution, after words “or unions” the words
“Cooperative Societies” was added. The Part III relates to ‘Fundamental
Rights’ of the Indian citizens and Point (c) of para 19 relating to
“Protection of certain rights regarding freedom of speech, etc.” states “to
form associations or unions [or co-operative societies]”; Thus to form
cooperative society has been included as a Fundamental Right. This is
a very important development for the cooperative movement to make it
democratic, inclusive and participative.
• In Part IV which deals with the ‘Directive Principles of State Policy’
a new Article 43B was inserted, which says: The state shall endeavour
to promote voluntary formation, autonomous functioning, democratic
control and professional management of the co-operative societies”.
• After Part IXA of the Constitution, a Part IXB was inserted to elaborate
the details about the cooperative societies like definition of cooperative
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society, incorporation, Board members and office bearers, election of
Board members, supersession/ suspension, audit, Convening of
general body meetings, Right of a member to get information, Returns,
Offences and penalties, Application to multi-State co-operative
societies, Application to Union territories and Continuance of existing
laws.
Implications
The amendment of the Constitution to make it obligatory for the states to
ensure autonomy of cooperatives makes it binding for the state governments
to facilitate voluntary formation, independent decision-making and
democratic control and functioning of the cooperatives.
297
It also ensures holding regular elections under the supervision of autonomous
authorities, five-year term for functionaries and independent audit.
Significantly, it also mandates that in case the board is dissolved, the new
one is constituted within six months. Such a constitutional provision was
urgently required as the woes of the cooperative sector are far too many, long-
lasting and deep-rooted to be addressed under the present lax legal
framework. However, it will depend on the members and the Board of
Directors of each cooperative society to utilize these provisions for the
betterment of the cooperative society and for the members at large.
Another very important development for the cooperative movement was the
97th Amendment of Indian Constitution which has made forming cooperative
a fundamental right and also helped in making the cooperatives more
democratic and professional bodies.
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5.1.7 Check your progress
01. The Cooperative Credit Societies Act was enacted in the year 1904.
02. The word "unlimited" is the last word in the name of every society with
unlimited liability registered under this Act
03. The Cooperative Societies Act was enacted in the year 1912.
04. The audit shall not include an examination of overdue debts, if any, and
a valuation of the assets and liabilities of the society.
05. As per the Cooperative Societies Act, any ten persons living in the same
village or town and from the same family can form a cooperative society.
09. The 97th Amendment to Indian Constitution was introduced in the year
1991.
01. True 02. False 03. True 04. False 05.False 06. True 07. False
08. True 09. False
01. First Act regarding Cooperative Societies was passed in India in the year:
a. 1947
b. 1904
c. 1991
d. 1912
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b. Non Credit Cooperative Societies
c. Educational Societies
a. Prima facie
b. Conclusive
c. Preliminary
d. Informal
05. As per the Cooperative Societies Act, the word “Cooperative” can be used
by whom?
06. A registered society shall receive deposits and loans from persons who
are not members only to such extent and under such conditions as may be
prescribed by the
a. Rules
b. Bye-Laws
a. Hold property
a. 100th Amendment
b. 99th Amendment
c. 98th Amendment
d. 97th Amendment
10. Under Article 43B of Part IV of the Constitution which was inserted as a
part of 97th Amendment Act, 2011, the State is asked to:
01. (b) 02. (b) 03. (b) 04. (c) 05. (c) 06. (c) 07. (c) 08. (d) 09. (a)
10. (c)
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5.1.7 References for further reading
302
5.2 Lesson No 2 Multi- State Co-operative Societies Act, 2002
5.2.1 Objectives
5.2.2 Introduction
5.2.3 Evolution
5.2.4 Registration
5.2.5 Membership
5.2.9 Audit
5.2.10 Disputes
5.2.12 Appeal
5.2.15 Keywords
303
5.2.1 Objectives
5.2.2 Introduction
A well-defined and coded legal provisions explains the reasons, need and all
the dimensions of the operations of the Multi-State Cooperative societies. The
Multi-State Cooperative Act, 2002 deals with various provisions in regard to
cooperative societies.
5.2.3 Evolution
The first effort to have a multi state cooperative was for salary earners
cooperatives for the government and other staff during Second World War in
British rule who were transferred from one state to another and were facing
problems of remitting the funds to their family members. In order to overcome
such problems, it was thought proper to enact a separate cooperative law by
the then Government, which would have area of operation spread over in more
than one state. Accordingly, this ‘Multi Unit Co-operative Societies Act’ was
passed by British India in the year 1942 (MUCS Act 1942). However, this Act
failed to meet the changing needs and requirements of newly emerging co-
operative societies having area of operation in more than one State .Hence,
the Multi State Co-operative Act (MSCS) was enacted in 1984 by repealing the
MUCS Act, 1942. It was again amended in the year 2002 and 2010. Even
though, the latest Act is of 2010, in the literature and Government websites
and documents, it still is popularly referred as Multi-State Cooperative Act,
2002.
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The sector has evolved in a big way over time and as on 24 November 2020,
there were 1469 MSCS societies in the country with Maharashtra having the
headquarters of the highest number at 567 societies29.
5.2.4 Registration
Registration
Multi State Co-operative Society means a society registered under the Multi-
State Co-operatives Societies Act 2002.
a. Where all the members are individuals: At least fifty persons from each
of the State concerned.
b. Where the members are co-operative societies: duly authorized
representatives on behalf of at least five co-operative societies that are
not registered in the same State.
c. Where members are another Multi-State Co-operative Society and other
Co-operative Societies: duly authorized representatives of each such
society, provided that at least two of the co-operative societies that are
registered in the other State.
d. Where members are a Multi-State Co-operative Society or Multi State
Co-operative Societies and individuals:
i. At least fifty persons from each of the States and
ii. one Co-operative Society each from the States or one Multi-
State Co-operative Society
The application (Form I) needs the following information:
29
GoI website : https://mscs.dac.gov.in
305
f. A certificate that the proposed Multi-State Co-operative Society satisfies
the basic criterion that its objectives are to serve interests of members
in more than one State- that is for the Central Registrar to get satisfied
on this aspect as per Section 7(b).
g. A certificate that its bye-laws provide for social and economic
betterment of its members though self-help and mutual support in
accordance with the co-operative principles – that is for the Central
Registrar to get satisfied on this aspect as per Section 7(c).
h. A certificate that the provisions of the proposed bye-laws are not
contrary to the provisions of this Act and Rules thereunder – that is for
the Central Registrar to get satisfied on this aspect as per Section 7(d),
and
i. If all the members are individuals, the number of members from each
State who have signed the application.
Receipt of Application for Registration
If the Central Registrar does not dispose off the application within four
months, then it is presumed that the application has been accepted and the
society is treated as deemed to have been registered. In such an event, the
Central Registrar is bound to issue the registration certificate.
Certificate of Registration
The Central Registrar has to issue the certificate of Registration once the
society is registered as discussed. The said certificate issued by him/her is a
conclusive proof of the registration of the society as a Multi-State Co-operative
Society.
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5.2.5 Membership
307
laws should not be inconsistent or contrary to the Act and Rules. Bye-laws
need to the registered at the time of registration of the society. Any subsequent
amendments also required to be registered. Procedure for registration of the
amendment in the bye-laws is given in Sec 11 of the said Act.
Sec 10 gives details on the points or aspects based on which a society can
make its bye-laws. These mainly include:
308
from regular general body meetings, the Chief Executive Officer may call, at
the direction of the Board of Directors, a Special General Meeting of the
Society.
The bye-laws and rules of a Multi-State Co-operative Society may provide for
the constitution of a smaller body, consisting of delegates of members of the
society, elected or selected in accordance with bye-laws, to exercise such
powers of the general body as may be prescribed or specified in the bye-laws.
Such a small body should not affect the ultimate powers of the General Body
or the Board or of any officer of the society.
Wherever applicable, for any meeting of the general body or the Board of a
Multi-State Co-operative Society, the representative of the other co-operative
society or another Multi-State Co-operative Society shall only be through the
Chairperson or the President or the Chief Executive Officer or an authorized
person (member) of the said Co-operative Society or Multi-State Co-operative
Society.
309
c. The election of the members of the Board has to be held in the
general meetings of the members
d. The elected members of the Board, if the bye-laws of the society
permit, are eligible for re-election.
e. The term of office of the elected members shall not exceed a period
of five years
f. If the Board fails to hold the election of the members, the Central
Registrar will hold the election within a period of ninety days from
the date when the election has become due.
g. No person is eligible to be elected as a member of the Board, unless
he/she is a member of the society
h. The expenses for holding election by the Central Registrar shall be
borne by the Society
i. The Central Government may make rules for regulating elections of
the members of the Board.
Removal of Elected Member by General Body
An elected member of a Board who has acted adversely to the interests of the
Multi-State Co-operative Society, may, on the basis of a report of the Central
Registrar or otherwise, be removed from the Board upon a resolution of the
General Body passed at its meeting by a majority of not less than two-third of
the members present and voting at the meeting.
a. To admit members
f. To consider audit and compliance report and place the same before
the general body
310
g. To acquire and dispose off immovable property
j. To raise funds
Committees of Board
The Chief Executive Officer has to call the meeting of the Board in accordance
with the bye-laws and as per the instructions of the Chairperson or the
President of the Society. The Board has to meet once in every quarter.
All the general meetings of the society have to be called at the principal place
of the society.
Board to call for annual general body meeting not later than six months after
the close of the corresponding year for the purpose of:
311
d. Approval of annual budget
e. Expulsion of members
f. Amendment of bye-laws, if any
g. Formation of code of conduct for members of the Board and officers
h. Election of members to the Board, if any
The first general meeting of the society shall be held within six months of the
registration of the society by the promoter- members. This meeting is for the
election of the Board of Directors. The interim board selected by the applicants
for the registration of the society shall hold office till the regular Board is
elected.
• Period of notice not less than seven days for calling such a meeting
The Central Registrar or the person authorized by him/her may preside over
such a meeting. Notice of the annual general meeting shall be accompanied
by a copy of each of the audited balance sheet, profit and loss account
together with the auditor’s report thereon relating to the preceding year and
the report of the Board, amendment of bye-laws, if any and election of
members of the Board, if any.
Unless otherwise provided in the bye-laws, the quorum for a general meeting
shall be one-fifth of the total number of members of the general body of
312
society. No business will be transacted at any general meeting unless there is
a quorum.
If within half –an-hour from the time fixed for the meeting, there is no quorum,
the meeting shall stand adjourned. No quorum shall be necessary in respect
of an adjourned general meeting. The adjourned meeting can be held on the
same date or on such date, time and place within seven days as may be
decided by the Presiding Officer.
All resolutions which are put to vote shall be decided by the majority of the
members present in accordance with the procedure prescribed in the bye-
laws made by the Society. In the event of equality of votes, the Chairperson
shall have a second or casting vote.
Minutes of the proceedings of the general meeting shall be entered in the book
kept for the purpose and shall be signed by the Chairperson and Chief
Executive Officer of the meeting. The minutes so signed shall be an evidence
of the correct proceedings of that meeting.
Election Procedure
5.2.9 Audit
Appointment of Auditors
The Multi-State Co-operative Societies Act 2002 provides for the audit of a
Multi-State Co-operative Society. Accordingly, the audit is required to be done
once in a year.
313
• The auditor so appointed is to be intimated within seven days from the
date of AGM by the society. Each auditor appointed by the Multi-State
Co-operative Society has to inform the Central Registrar within thirty
days of his/her appointment about his/her acceptance or refusal of the
appointment.
• A retiring auditor cannot be appointed as auditor if,
a. He/she is not qualified for re-appointment
b. He/she has given notice to the Central Registrar about his/her
unwillingness for re-appointment
c. A resolution is passed by the AGM appointing someone else an
auditor or a specific resolution has been passed not to appoint
him/her as auditor.
• When the Multi-State Co-operative Society is newly formed, the Board
has to appoint auditor within thirty days from the date of registration
of the society.
• If there is a casual vacancy caused due to reason other than resignation
of the auditor, the society can fill the casual vacancy. On the other
hand, if the vacancy is due to resignation of the auditor, the AGM has
to fill the vacancy. Such an appointed auditor will have to hold office till
the conclusion of next AGM.
• Any auditor appointed as stated in the above manner can be removed
by the AGM
• The remuneration is fixed by the AGM.
• Resolutions for Appointment or Removal of Auditor
• For appointing an auditor, a special notice for the necessary resolution
is required. A special notice is not required, if the already appointed
auditor is re-appointed.
Qualifications and Disqualifications of Auditors
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c. A person who is indebted to or who has offered his/her guarantee
or who has offered his/her security as surety to the Multi-State
Co-operative Society for an amount above rupees one thousand
and
d. A person who is disqualified for any of the above reasons to be
appointed as auditor of any Multi-State Co-operative Society,
anybody corporate or any Cop-operative Society
• Powers and Duties of Auditors
a. Every auditor has a right of access at all times to the books,
accounts and vouchers of the society whether kept at the head
office of the society or anywhere else.
b. Also entitled to have any information and explanation from the
officers and employees of the Multi-State Co-operative Society for
the purpose of his/her audit.
• The auditor has the right to enquire, apart from the above, the following
as well:
a. Whether loans and advances made by the Multi-State Co-
operative Society are based on appropriate security (as per
norms) and whether the terms on which these are given are not
prejudicial to the interests of the society and its members.
b. Whether the transactions of the Multi-State Co-operative Society
represented by the book entries are not prejudicial to the
interests of the society and its members.
c. Whether any personal expenses are charged to the revenue
account.
d. Whether proper books of accounts as required by the bye-laws
and rules are maintained.
e. Whether the balance-sheet and profit and loss account exhibit a
true, fair and correct picture of the affairs of the society.
f. Whether there are any material impropriety or irregularity in the
expenditure or in the realization of money due to the Multi-State
Co-operative Society, and
g. In case of a Multi-State Co-operative Bank whether the guidelines
issued by the RBI, NABARD and concerned authorities are
properly followed or not.
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Reports of the Auditors
All notices and other communications relating to the general meeting of the
Multi-State Co-operative Society for which the member is entitled, are
required to be sent to the auditor also. The auditor is entitled to attend general
body meetings. He/she has the right to be heard at any general meeting which
he/she attends on any part of the business that concerns him/her as an
auditor.
316
System Audit
Though the Multi-State Co-operative Society Act 2002 is silent about the
system audit, the RBI has instructed co-operative banks to have a system
audit of their computer software. The Reserve Bank of India issued a master
circular for the co-operative banks dated 23rd September 2002, covering
aspects of audit and inspection. It covers system audit also.
5.2.10 Disputes
b. A claim by the surety against the principal debtor where the Multi-
State Co-operative Society has recovered its dues from the surety
and
The only exception to this is the dispute regarding disciplinary action taken
by a society against its paid employee or any dispute that comes under the
definition of ‘industrial dispute’ as defined in the Industrial Disputes Act 1947
{clause (k) Section 2}.
317
• The registration of a society or its bye-laws or of an amendment of
the bye-laws , and
• Any matter concerning the winding up and the dissolution of the
society.
When a society is being wound up, no suit or other legal proceedings
relating to the business of such a society shall be proceeded with or
instituted against the liquidator or against the society or any member
thereof except by leave of the Central Registrar and subject to such
terms and conditions as he/she may impose.
5.2.12 Appeal
When due to sanction or requisition of the Reserve Bank of India, any co-
operative bank,
Appellate Authority
Sec 31 of the Multi-State Co-operative Societies Rules 2002, lays down that
an appeal under Sec 99 (2) of the said Act can be filed:
318
• If the decision or order was made by the Central Registrar
appointed under Sec 4(1) of the said Act, appeal should be filed
to the officer not below the rank of Additional Secretary to the
Government of India in the Department of Agriculture and
Cooperation or as may be decided by the Central Government.
• If the decision or order was made by the Central Government or
a State Government of the rank of the Registrar on whom powers
of the Central Registrar conferred under Sec 4 (2) of the said Act,
appeal should be filed to the joint Secretary to the Government of
India in the Department of Agriculture and Cooperation.
• If the decision or order was made by any other officer on whom
powers of the Central Registrar have been conferred under Sec
4(2) of the said Act, appeal should be filed to the Chief Director,
Co-operation, in the Ministry of Agriculture and Cooperation or
any other officer authorized by the Central Government on this
behalf.
Review
Sec 101, of the said Act, deals with provisions relating to review. The Appellate
Authority empowered to entertain appeal under Sec 99 of the said Act can
review its own order under Sec 101. The application for review has to be made
within thirty days from the date of communication of the order of the Appellate
Authority sought to be reviewed.
Sec 96 of the said Act deals with the procedure for attachment before award.
If the arbitrator is satisfied that a party that has been referred to him/her is
about to
The Central Registrar has the authority to wind up the Multi-State Co-
operative Society if he/she is of the opinion to do so after:
iv. An inspection has been made under Sec 79 by the Central Registrar.
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vii. The number of members becomes less than fifty, where there was a
condition at the time of registration of society to have minimum fifty
members, or
Liquidator
When the Central Registrar makes an order for the winding up of a Multi-
State Co-operative Society, he/she may also order for the appointment of a
liquidator for the purpose of winding up. Remuneration will also be fixed by
him/her.
Liquidator will take all property in his/her possession and control and he/she
has the powers to realize such property by sale or otherwise.
When the affairs of the Multi-State Co-operative Society are wound up, the
liquidator has to make a report to the Central Registrar and deposit the
records of the society as the Central Registrar may direct.
On the basis of the report, the Central Registrar may cancel the registration
of the Multi-State Co-operative Society concerned. On such cancellation, the
society stands dissolved.
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5.2.14 Let us sum up
5.2.15 Keywords
07. An individual can not become member of Multi State Cooperative Society
322
Key to questions asked
01. False 02. False 03. True 04. True 05. True 06. False 07.
False 08. True
1. Multi State Co-operative Act (MSCS) was enacted in the year ___ and
the amended in the year_____ and ____
a. PACS.
b. DCCB
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5. What is the meaning of Multi State Cooperative Society being a ‘body
corporate’?
a. 09.
b. 21.
c. 51.
8. Annual General Meeting of the Society should be called within ____ close
of the financial year ?
a. Six months .
b. Three months .
c. One year
9. What is the Quorum for the General Body Meeting of the Multi State
Cooperative Society?
324
c. Half (50 %) of total members
10. If the Central Registrar is not disposing the application within the
______ (period), then it is presumed that the application has been
accepted and the society is treated as deemed to have been registered
a. 07 Days .
b. Four months .
c. One year
Key to MCQ
01- (a) 02- (b) 3-(c) 04. (a) 05- (c) 06-(b), 07 (b) 08- (a)
09-(b) 10. (b)
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5.3 Lesson No.3 Self-Reliant Cooperative Societies Act
5.3.1 Objectives
5.3.2 Introduction
5.3.3 Purpose
5.3.4 Conversion of Cooperative society into Self Reliant Cooperative Society
5.3.5 Recommendations of the Task Force
5.3.6 Present status
5.3.7 Let Us Sum Up
5.3.8 Key words
5.3.9 Check Your Progress –questions
5.3.10 Terminal Questions
5.3.11 References for further reading
326
5.3.1 Objectives
5.3.2 Introduction
The Cooperative system has become an integral part of our country. The
liberalization of Indian Economy in the year 1991 also paved way for moving
towards building flexible co-operative legal framework by several states
against the erstwhile rigid co-operative legal regime remained in force before
1991. The Co-operative laws in force in India since 1904 contained several
rigid provisions and conferred enormous power upon the Registrar of Co-
operative Societies (RCS) and government. Hence, some of the state
governments thought that the stage has come that the new generation
cooperative based on self- help concept needed to be tried. Under this new
model, the societies would become more independent in handling various
issues associated with the respective societies and to empower them, there
was a need to move to the ‘self-reliant cooperative’ environment.
5.3.3 Purpose
327
5.3.4 Conversion of Co-operative society into self-reliant Co-operative
society
328
g. A list of members who attended such general body/delegate general
body meeting.
h. Challan of the treasury for payment of registration fee.
The Registrar shall register the Self Reliant Cooperative Society and also take
on record its bye-laws and communicate, by registered post, a certificate of
registration and the original byelaws signed and sealed by him/her, within 30
days from the date of receipt of application for registration, as the case may
be, to such person as specified in the application for the purpose, subject to
the fulfillment of following, namely:-
Where within 30 days of receipt of the application for registration, as the case
may be, an applicant receives neither the certificate of registration nor the
orders of refusal, the society shall be deemed to have been registered as a
Self-Reliant Cooperative Society under this act and the Registrar shall issue
Registration Certificate to the Self Reliant Cooperative Society within 10 days
thereafter.
Basically there are two different kinds of cooperative institutions. One is aided
and supported by Government agencies. As such they work under a certain
set up. The other type of co-operatives are mainly run by the respective co-
operative unit members as a ‘Self-reliant cooperative’. They take care of the
needs of their members. They are formed as autonomous associations of
persons coming together voluntarily to take care of their common need based
on joint contribution on democratic basis, without government support.
The first kind of cooperatives carryout important public functions and handle
scarce public resources. As such they cannot be done away with, unless they
become totally unviable. It would be more appropriate to make the mutually
aided/ self-reliant and member-driven societies, autonomous to enable them
to achieve the desired results.
The Task Force on the Revival of Cooperative Credit Institutions in its report
(December, 2004) examined the enabling legislations for cooperatives in detail
and suggested a Model Mutually Aided Cooperative Societies (MACS) Act to be
adopted by all the States.
The salient features of the draft model law suggested by the Task Force are as
under:
330
a. The law is based on internationally accepted principles of cooperation
and ensures that cooperatives function in a democratic manner.
b. It is member-centric. The members to have control of the society.
Accountability factor is given due importance for those who are elected
by the members.
c. Members have the right to choose and also the responsibilities to carry
out.
d. Directors are elected and to the positions of responsibility.
Accountability of the Directors to the General Body is in-built, and any
lapse is treated seriously. A Director’s behavior is expected to be
reported to the General Body for its scrutiny.
e. Elections are to be considered as an internal affair and treated
accordingly.
f. Auditors’ role functions, responsibilities are covered.
g. Appointment of staff will be the responsibility of each cooperative
society. Labor laws are expected to be applied.
h. The manner of recovery of dues from members is required to be in-built
in the Articles of Association.
The Model Law suggested by the Task Force comprehensively addresses all
the issues relevant to cooperative societies and seeks to enable these
institutions to function as autonomous, voluntary, self-reliant and democratic
business enterprises which can serve the economic needs and aspirations of
their members.
Steps are being taken to implement the report of the Task Force.
331
government still has financial stakes. The societies referred at (ii) above
should gradually be encouraged to clear off their liabilities and convert
into Mutually Aided Societies.
5.3.6 Present status:
As per the available information, 9 states viz Andhra Pradesh (being the first
to enact this Act in 1995), Bihar, Jharkhand, Madhya Pradesh, Chhattisgarh,
Jammu and Kashmir, Karnataka, Odisha, and Uttarakhand have passed the
Self Reliant Coop Societies Act. In certain states, for example AP and Odisha
it is called ‘Mutually Aided Cooperative Societies Act’ (MACS Act), in
Karnataka it is called ‘Karnataka Souharda Sahakari Act’ and in others, it
continues to be called as Self Reliant Cooperative Societies Act. In all the
states, both the Acts are existing. The status varies in different states- they
are very active in states like Andhra Pradesh, Odisha, Uttarakhand and
Karnataka while not so active in other states. Many of these cooperatives are
involved in credit related activities also and some are recognized by RBI as
banks. In Karnataka, a federation of these self reliant cooperatives has been
formed with 4623 member cooperatives called Karnataka State Souharda
Federal Cooperative Ltd30. No patronage in the form of share capital or
financial support is available to these ‘self reliant’ cooperatives. However, in
some cases, like in Uttarakhand, Government support in the form of top
management being deputed from state government and support for business
is being provided. Despite the limited or no support, the movement of self-
reliant cooperative societies is moving forward with the voluntary involvement
and business focus.
5.3.7 Let us sum up
In view of the enormity of population size and the diversity in our country,
one model doesn’t work in all areas, sectors and people. Hence, innovative
models are required and are encouraged to be implemented. Self Reliant
Cooperative Societies Act is one such innovative model of the co-operative
societies where the support is not taken from the Government and self-reliant
& autonomous organisations are created. Introducing the Self-reliant concept
in the cooperative area is the right decision. With passage of time one can
expect more cooperative societies would adopt the self-reliant concept so as
to derive better benefits. Such societies would provide scope for more
members’ participation to ensure the principles of cooperation.
http://www.souharda.coop
332
5.3.8 Key words
1. The Self Reliant Co-operative Societies Act, has been adopted by all the
States
6. Any Cooperative Society registered under ‘old’ Cooperative Act, can ‘convert’
to ‘new’ Self Reliant Coop. Society subject to certain provisions
a. Registrar of Companies
b. Registrar of Firms
c. Trustee
02. For conversion into a Self- Reliant Cooperative Society, the existing society
need to send a true copy of the latest annual report and audited statement of
accounts of such cooperative society
a. Correct
333
b. Not compulsory
d. Not correct
a. True
b. False
04. Conversion of an existing society into a Self Reliant Coop. Society requires
participation of how many (in percentage of total members) in the General
Body Meeting?
a. 10%
b. 20%
c. 25%
d. 50%
05. Who has the power to take operational decision in Self Reliant Society?
a. Govt of India
b. State Government
b. In these societies, the control and powers of RCS are less/ limited.
334
07. If an existing Cooperative Society has to convert to Self Reliant Cooperative
Society, what is the provision regarding Government funding support and
equity?
c. It can not only retain the old amount but also would expect more
support.
08. The Self Reliant Cooperative Society Act has been adopted by how many
states so far (till the year 2020-21)?
a. None
b. 5 states
c. 10 states
09. If a state adopts / approves Self Reliant Cooperative Societies Act, what
happens to the societies registered under the previous Act?
10. What is correct statement about the Self Reliant Cooperative Societies?.
11. If a state adopts / approves Self Reliant Cooperative Societies Act, what
happens to the existing Cooperative Societies Act?
335
b. Both Acts (‘Old’ and ‘new’- Self Reliant Cooperative Societies Act can
co-exist in a state
Answers to MCQ
01. (d) 02. (a) 03. (c) 04. (c) 05. (d) 06. (c)
07. (b) 08. (c) 09. (c) 10. (c) 11. (c)
336
5.4 Lesson No.4 The Banking Regulation Act, 1949 (As applicable to
Cooperative Societies) and recent amendments
5.4.1 Objectives
5.4.2 Introduction
5.4.4 Business
5.4.5 Cash Reserve Ratio (CRR) and Statutory Liquidity Ratio (SLR)
5.4.6 Licensing
5.4.7 Inspection
337
5.4.1 Objectives
At the end of the lesson the reader is able to describe the importance and
implications of the significant provisions of the Banking Regulations Act 1949
including the recent amendments.
Banking Regulation Act came into being in 1949. Prior to that, certain
provisions of the Companies' Act, 1913 were applicable to Banking Companies
as all the banks were joint stock companies only. The need for the Banking
Regulation Act was felt due to failure of many banks during pre-independence
era. The RBI, in their report of 2008, ‘Evolution of Banking in India’, has
quoted that 108 banks failed during the period 1913 to 192131. The number
of banks (all private banks) which failed was quoted at 736 between 1948 and
1968 by Mr. Thomas Franco, General Secretary of the All India Bank Officers’
Confederation (AIBOC)32. The failed banks included a famous ‘Travancore
National and Quilon Bank’- called ‘TN&QB’- the fourth largest bank of that
time, which failed in 1938. The bank failure was also disturbing because it
failed immediately after formation of Reserve Bank of India in 1935. In fact,
central banks in several other countries, including the US, were set up to also
address the problem of bank failure. The failure of the banks was due to
governance problems, fraudulent practices by the directors, poor
management especially of loan/investment portfolio, non- maintenance of
adequate liquidity and poor financial health. This was further complicated by
mushroom growth of banks and closure/ failure of several banks.
In this background the Banking Regulation Act was enacted in 1949 with
following broad objectives:
31
RBI(2008) Evolution of Banking in India, https://rbi.org.in/scripts/publicationsview.aspx?id=10487
32
Mr. Thomas Franco, General Secretary of the All India Bank Officers’ Confederation (AIBOC) quoted in
Newsclick on 28 Feb.2018- weblink: https://www.newsclick.in/efficient-private-banks-here-list-failed-private-
banks-india
338
• A comprehensive definition of “Banking” so as to bring within the scope
of the legislation all the institutions which receive deposits, repayable
on demand or otherwise for lending or incentives.
5.4.3 Co-operative Banks
The number of cooperative ‘banks’ had increased over time after passage of
the Cooperative Societies Act in 1904 and subsequently after independence.
They belonged to two categories- ‘Urban Cooperative Banks’ and ‘Rural
Cooperative Banks’. Although they were called as ‘banks’ and the word ‘bank’
was included in their name, they were registered as credit cooperative
societies under respective Cooperative Societies Acts and were not given
license by RBI. In view of massive deposit mobilization and disbursement of
loans by these banks and their importance in the economy, a need was felt to
regulate them more systematically by the RBI and the Government.
Accordingly in 1966, the Banking Regulation Act was made applicable to
cooperative banks by incorporating Section 56 therein- hence whenever a
reference is made about Banking Regulation Act in the context of cooperative
banks, it is referred as ‘As Applicable to Cooperative Societies’ or ‘AACS’.
In this Chapter, important provisions of the Banking Regulation Act have been
reproduced from the original Act with some effort to reduce the size of the
text.
The important provisions of Banking Regulation Act, 1949 (AACS) are given
below:
Section-3
• The Act shall not apply to (a) a primary agricultural credit society
and (b) a cooperative land development bank.
5.4.3.1 Business
Section- 5
Section 5(b)
339
• Power of receiving money or deposits from customers and
honouring their cheques is essential characteristic of banking.
Many Non-Banking Finance Companies are permitted to accept
deposits from public but cannot issue cheques in their own name,
besides not being licensed by RBI as a bank, hence they are not
banks.
Section - 6 - Forms of business which banking companies may engage in.
A bank is prohibited from doing any business other than those mentioned in
Section 6. The businesses a bank may carry on are summarised into three
categories:
The Government of India has specified hire purchase, equipment leasing and
insurance as new forms of business for cooperative banks to be engaged in.
Reserve bank as empowered by the act, issues guidelines periodically for the
conduct of these types of business.
340
5.4.4 Cash Reserve Ratio & Statutory Liquidity Ratio
341
Not applicable for:
• Make any loans and advances on the security of its own shares;
• Grant unsecured loans or advances to any of its directors;
• Any firm or private company in which the director has interest.
This above clause shall not apply to grant of unsecured loans or advances
made by a cooperative bank:
5.4.5 Licensing
342
the commencement of the Act were required to apply for license to RBI within
a stipulated period of three months.
343
Section 23 (4A)
RBI has power to exempt any cooperative bank from the whole or any part of
the provisions of Section 18 or Section 24 of the Act.
5.4.5.1 Inspection
Section 35 - Inspection
NABARD has been empowered to inspect the cooperative banks other than
primary cooperative banks, without prejudice to the powers of RBI, to conduct
such inspection.
Section 45: Under this section, the Reserve Bank can recommend to the
Central Government, to order a moratorium in respect of a cooperative Bank.
The power to issue such a moratorium however rests with the Central
Government.
Section 53- Power to exempt; The Central Govt. may, on the recommendation
of RBI, exempt any bank or any class of banks from any or all provisions of
this Act.
345
5.4.6 Key points
33
RBI, 22 Feb 2013 https://rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=28191
346
5.4.7 Reforms in the BR Act 1949
Although the Act was passed in the background of the problems relating to
certain Urban Cooperative Banks, the amendments are important for all the
347
cooperative banks i.e., urban cooperative banks as well as rural cooperative
banks (StCBs and DCCBs).
348
iv. Control over management: Another important amendment is relating
to ‘Control over management’ as contained in Part II, Section 36AA of
the Act. This section gives power to RBI to remove managerial and other
persons from office (including chairman, director, chief executive officer
(by whatever name called) or other officer or employee of the bank)
where it is satisfied that in the public interest or for preventing the
affairs of a bank being conducted in a manner detrimental to the
interests of the depositors or for securing the proper management of
any bank, it is necessary so to do. The Act also gives power to RBI to
appoint a suitable person to replace the person who has been removed,
for a period of 3 years (maximum). In terms of Section 36AB, RBI has
the power to appoint additional Director(s) of the bank for a maximum
period of 3 years.
vi. Bringing Parity with other banks: The Amendments have also
brought parity of cooperative banks with other banks by withdrawal of
exemptions granted to DCCBs in the opening of branches, extension of
time limits for disposal of assets and loans and advances granted to
Directors.
349
5.4.9 Let us sum up
The recent amendments to Banking Regulation Act of 2020 have also been
discussed in the Chapter. It would be observed that the purpose of the
amendments is to bring the cooperative banks at par with other banks,
remove dual control and make them professional. It is expected to enable
these banks to face the competition and other challenges in ever changing
scenario of banking in the country.
01. A State cooperative Bank seeking permission of RBI for branch opening is
required to forward applications to RBI through NABARD.
03. NABARD has been empowered to inspect the Cooperative banks other
than the primary cooperative banks
04. After the Amendment to BR Act in 2020, RBI can remove the Board of
Directors and post Administrator in respect of a cooperative bank
07. Banking Regulation Act was amended in the year 2020 with regard to
Cooperative banks.
350
10. Land Development Banks / Agriculture and Rural Development Banks
are licensed by RBI as StCBs and DCCBs
01. True 02. False 03. True 04. True 05 False 06. False 07 True
08. True 09 True 10. False
01. The aggregate minimum value of the paid up capital and reserves of a
cooperative bank should be Rs. _____.
a. one lakh
b. two lakh
d. one crore
02. The Banking Regulation Act, 1949 (AACS) is not applicable to which of
the following institutions?
(a). SCARDBs
(b). PCARDBs
(c). PACS
(a). CRR
(b). SLR
(a). CRR
(b). SLR
351
05. Section 11 of Banking Regulation Act deals with:
(a). CRR
(b). SLR
(a). CRR
(b). SLR
352
10. As per amendment of BR Act in 2020, what is the provision about
professionalization of Board of Directors in cooperative banks?
01- (a) 02- (d) 03- (a) 04- (b) 05- (c) 06- (d) 07- (c) 08- (c)
09- (c) 10- (a)
Banking Regulation and Allied Banking Laws, Law Publishers (India) Pvt. Ltd
Allahabad
353
5.5 Lesson No. 5 Negotiable Instruments Act, 1881
5.5.1 Objectives
5.5.2 Introduction
5.5.3 Basics of Negotiable Instruments
5.5.4 Main types of Negotiable Instruments
5.5.4.3 Cheque
354
5.5.1 Objective
By the end of the chapter, the reader would be able to explain the important
provisions of the Negotiable Instruments Act, 1881 (including the recent
amendments) and their significance to a banker.
5.5.2 Introduction
The Negotiable Instruments Act (NI Act) was passed in 1881 in India to meet
the requirements of the prevailing business conditions. Despite passage of
time and change in methods of doing business and technology changes, the
basic principles of the Act are still valid and the Act has stood test of time. It
has been amended to adjust to the changing methods of financial transactions
and technology adoption in banking. The Act extends to the whole of India
and continues to be very important for the commercial transactions.
Negotiation refers to transfer of title (right to receive payment) from one person
to another. Such instruments which help the person to achieve this title
transfer are called Negotiable Instruments.
355
What is a Negotiable instrument?
• It must be in writing
• It must be signed by the maker or drawer.
• It must be an unconditional promise or order to pay.
• It must be for a fixed amount in money.
• It must be payable on demand or at a definite time.
• It must be payable to order or bearer.
356
5.5.4.2 Bill of Exchange (Section 5) : A bill of exchange is an instrument
in writing, signed by the maker (drawer) directing a certain person (drawee)
to make the payment on the bill, a certain sum of money to a certain person
(payee) or to his/her bearer/ order. It is an unconditional instrument.
Consideration for the transaction is essential. The bill has to be dated. A
specimen of Bill of Exchange is presented in Figure 5.4.2. Cheque is also one
form of Bill of Exchage (being described below).
357
All the characteristics of a bill of exchange are applicable to a cheque. The
additional requirement is that it has to be drawn on a particular bank
(specified banker) and is always payable on demand. It is transferred based
on whether it is payable to a bearer or order. If payable to bearer, then transfer
to title (right to receive money) is effected by mere delivery. If it is payable to
order, then transfer is possible by way of an endorsement to be followed by
delivery. Crossing (both general as well as special) is applicable only to
cheques (Sec 123 & 124). A sample cheque is presented in Figure 5.4.3.
358
5.5.4.4 Similarities and differences between Promissory Note, Bill of
Exchange and Cheque
359
ii. A bill may be drawn on any person, whereas a cheque has to be drawn
on a specified banker only.
iii. A bill may be a demand bill or a usance bill, whereas a cheque should
always be a demand instrument.
iv. A bill can have a grace period of 3 days if it is a usance bill. A cheque
cannot have any days of grace since it is only a demand instrument.
v. ‘Crossing’ is not applicable to bill of exchange. It is applicable only to
cheques.
vi. A Usance bill has maturity date. Cheque doesn’t have any maturity
date. It has only validity
vii. A cheque becomes stale cheque 3 months beyond the date of the
cheque.
viii. If a bill of exchange is dishonored notice has to be given to the drawer.
This is not required in the case of cheque.
Since the banker is handling a number of cheques daily, some more
information is to be understood on cheques.
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5.5.5 Crossing of cheques
A crossed cheque is one which bears the crossing on the cheque. A crossing
is drawing two parallel transverse lines on the face of the cheque. Generally,
it is drawn on the left hand top corner of a cheque. Once a cheque is crossed,
the paying banker is prevented from making the payment over the counter
(cash payment). A crossed cheque has to be routed through a bank account.
The General Crossing is discussed in Sec 123 of the NI Act 1881. The
important requirement of a general crossing is that it must have two
transverse parallel lines. In addition, it may contain the words “and company”
or “Not Negotiable” or any other abbreviations (like Account payee or Account
payee only). Examples are:
If the cheque is crossed generally, the same could be collected by any banker
who acts as a collecting banker.
The Special Crossing is discussed in Sec 124 of NI Act 1881. The extension
of general crossing leads to special crossing. In addition to the features of the
general crossing, when the name of a banker appears on the face of the
cheque, then it is said that the cheque has been crossed specially. Even a
mere name of the banker appearing on the cheque, without crossing also
amounts to special crossing. The addition of the name of a banker is essential
for a special crossing. This is to prevent other bankers acting as collecting
banker. If a cheque bears a special crossing, then the banker, whose name is
appearing on it has to be the collecting banker.
Example:
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In the above cases, the cheques are to be collected or routed through the bank
accounts of respective banks. As compared to a general crossing, the special
crossing gives a better protection. The paying banker has to satisfy that the
bank, whose name is mentioned on the cheque (specially crossed) has
collected the cheque. If he/she overlooks this and makes the payment then
the same may not be treated as a payment in due course.
The popular crossing known as “Account Payee” crossing is not defined nor
discussed in any Act including that of NI Act 1881. However, in practice, the
courts have given due recognition to such type of crossing. Account payee
crossing is an indication that the payment has to go to the payee’s account.
Account payee crossing serves as a better protection. Both the collecting
banker as well as the paying banker have the responsibilities with regard to
this type of crossing. Collecting banker has to ensure that he/she is collecting
only for the payee mentioned. The paying banker has to see that the collecting
banker has not collected for other than the payee mentioned. RBI has issued
clear directions to all banks that the cheques having “Account Payee only”
should not be collected for other than the payee mentioned therein.
‘Not Negotiable’ crossing is discussed in Sec 130 of NI Act 1881. This crossing
serves as a caution to the persons who are dealing with the cheque. A cheque
with a ‘not negotiable’ crossing does not restrict the negotiability of the cheque
to another person. However, the transferee has to be careful. Otherwise,
he/she would carry the same title the transferor had at the time of
transferring to him/her. If the transferor had a bad title (if he/she was not
entitled to receive payment / had no title) then the same would be passed on
to the transferee.
In case the crossing has to be cancelled, then only the drawer has the right
to do it. He/she has the right to record that the crossing cancelled. He/she
should authenticate the same with his/her full signature. Though the
crossing cancelled in such a manner is valid, yet the bankers do insist
drawer’s presence to receive cash on such cancelled crossings.
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5.5.6 Parties to a cheque
Drawer is the account holder and issues a cheque. He/she directs the drawee
(his/her banker with whom he/she maintains his/her account) to make the
payment on his/her cheque.
Drawee is the banker on whom the cheque is drawn. He/she has to make the
payment provided the cheque is otherwise in order and funds are available to
honour the cheque. His/her duty is to act in good faith and without negligence
and pay according to the apparent tenor of the cheque.
Payee is the person who is entitled to receive payment on the cheque. Drawer
himself/herself may be the payee when it is a self cheque or payee may be a
third party. If the cheque is not paid (dishonoured) then the payee has the
right to claim (recover) the money from the drawer. The payee has the right to
endorse the cheque in favour of another person also, if need be.
Holder is the person who is holding (possessing) the instrument and has the
right to receive payment. He/she has got the right in a legal manner. A finder
of a lost cheque is not a holder. Further, if a person takes a cheque either
under a forged or invalid endorsement, then such as a person cannot be
treated as a holder. In case a promissory note, Bill of exchange or a cheque is
lost in transit, then the holder at that time of such happening has the right
to receive payment on such instruments. (Sec 8 of NI Act 1881). A holder need
not have the actual possession; he/she must be entitled to the possession of
a Negotiable Instrument. A holder is also entitled to obtain a duplicate
instrument if original is lost. He/she can cross the uncrossed cheque or
convert the ordinary (general crossing) into special crossing. He/she has the
legal right to sue in his or her own name. Simultaneously he/she can also be
sued by others.
Sec 9 of NI Act, 1881 deals with the Holder in Due Course aspect. Holder in
due course- definition is - one other than the original recipient who holds a
legally effective negotiable instrument. As per Sec 36 of NI Act 1881, each and
every prior party to a negotiable instrument is liable to the holder in due
course till the liability is discharged. For a “Holder in Due Course”, the
consideration is an essential aspect. Whereas for a “Holder”, consideration is
not a necessity. For a “Holder in Due Course”, the possession should be before
it becomes due. Whereas for a “Holder”, the possession may be even after the
maturity.
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The “bearer” cheques are transferred by way of mere delivery. However “order”
cheques require additional action of endorsement. It means that without
endorsement, an “order” cheque cannot be transferred. For order cheques,
the first step is endorsement which is to be followed by delivery, only then the
transfer of title is completed.
Endorsement means “writing on the back of the instrument.” But under the
Negotiable Instruments Act, it means “writing of a person’s name on the back
of the instrument or on any paper attached to it for the purpose of negotiation,
i.e., for making the payment.” The one who signs the instrument for the
purpose is called the ‘endorser’. The person to whom the instrument is
endorsed or transferred is called “endorsee.”
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i. If more than one endorsement appear, then the paying banker has to
ensure the regularity of the endorsements, according to the order, in
which they appear on the instrument , unless proved contrary,
j. Full endorsement has a direction to pay to a specified person (whose
name is mentioned) or his/her order, above the signature of the
endorser. By doing so the endorser indicates his/her clear intention
that to whom the money has to go. (sec16)
k. Further endorsements are restricted [Restrictive endorsement (sec 50)].
Otherwise the endorser specifically mentions name of the person who
has to receive. Examples are: Pay to Mr. Radhakrishnan only. Further
transfer not possible in this case since it is a restrictive endorsement.
When an endorser transfers only a part of the amount of the NI to the
endorsee, it is known as partial endorsement. This is not considered as
valid negotiation. (sec56)
l. When an endorsement contains any condition, then it is called
conditional endorsement. The condition may be on the happening of a
certain event. It could be that the endorser would not like to take the
responsibility of paying (i.e. without recourse) in the event of
nonpayment (dishonour) (sec 52). Sans Recourse (without liability)
endorsement is more or less similar to conditional endorsement (Sans
means without). Here the endorser specifically makes others know
about his/her intention, that in case of any developments, he/she
would not take the responsibility (liability). One has to be careful while
dealing with such kinds of endorsements. For example: Pay to Mr. John
or order sans recourse to me.
m. If the endorser waives the right to give notice of non-payment
(dishonour) when he/she is supposed to give such notice, then it is
called facultative endorsement. However, he/she is liable to the
endorsee in case of dishonour. For example: Pay to Mr. Sen or order.
Notice of dishonour waived (signed by the endorser).
n. If the endorsements on the cheque are regular then the paying banker
is protected even if the endorsements are forged.
o. The banker has to check that the endorsements are proper and
representing their position / official capacity wherever applicable. For
example: A Director of the company or authorized person, who has to
endorse on behalf of the company, should sign if the endorsement is
done for the company. A trustee has to endorse in the capacity of a
trustee or a partner has to represent the firm while endorsing on behalf
of the partnership firm, etc.
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5.5.8 Return of Cheques or bouncing of Cheque
a. Date: A stale cheque and a post dated cheque should not be honored.
For example: 1. A has issued a cheque dated 23rd September of last year.
Since it has already completed 3 months from the date of issue (cheque’s date)
it is now known as a ‘stale cheque’ and cannot be paid. It may be returned
with the reason ‘stale cheque’ by the drawee or paying banker to the collecting
banker.
2. Q has issued a cheque bearing a date of 7th of next month and but bank
has received this cheque on the 27th of this month. This is called a post dated
cheque. This should be returned with the reason “Post dated cheque”.
An ‘ante dated cheque’- the cheque having earlier date- for example if today
is 21st July and Cheque is dated 10th July- it is ‘ante-dated’- meaning before
today’s date. It may be paid provided the cheque is otherwise in order and the
account has sufficient balance. However, if an ante dated cheque has become
a stale one, as it is older than three months, then it cannot be paid.
For examples: D has issued a cheque dated 22nd of last month and bank
received the cheque for payment on 17th of this month. Though it is ante
dated, but it is not stale as it has not completed three months from the date
of the cheque, hence the same could be paid.
b. Words and Figures: If the words and figures do not match, generally
the paying banker/s would return such cheque/s with the reason
“words and figures differ”. However, as per the provisions of NI Act,
1881, the banker may consider paying the said cheque relying on the
amount mentioned in words. Thus the paying banker has to act
prudently.
c. Bearer or order: If the word bearer appears on the cheque, the same
would be paid provided the other aspects have been given due
importance. In case of an order instrument, the paying banker has to
ensure the regularity of the endorsements appearing on the reverse of
the cheque.
d. Crossing: If the cheque is crossed then the drawee bank need not make
cash payment or payment over the counter. If the cheque has an
‘Account Payee’ crossing, then the paying banker has to ensure that the
payment goes only to the person named as payee on the cheque and
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not to any other person. In such cases the endorsements on the reverse
of an ‘Account payee’ crossed cheque will not have any meaning.
If the cheque bears ‘special’ crossing, then the collecting bank should
be the bank whose name appears in the crossing. In case if two
crossings of different banks appears on the cheque, then the paying
bank has to return the cheque with the reason “cheque crossed in
favour of more than one bank”.
However, if one bank collects on behalf of the other bank as their agent,
then the paying banker can make the payment.
For example:
o Payee’s name is scored off and above it, another name is written.
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the cheque varies (differs) with that of the one lodged with them, then
the banker has to return the cheque with the reason “Drawer’s
signature differs”.
If the signatures on the cheque are forged, the banker cannot have the
mandate to debit the account of the customer and make the payment.
Forgery will not confer any right. In case the banker pays a cheque
bearing a forged signature, the banker will not get any protection.
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purpose, which is duly acknowledged by his banker L and
registered. When subsequently Bank L receives the cheque from
Bank T (Banker for J), Bank L is bound to return the cheque with
the reason “Payment Stopped”.
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a. The maximum imprisonment has been extended to a term of 2 years
from the original 1 year.
b. Time for giving notice by the payee or the holder in due course of the
cheque to its drawer has been increased to 30 days (from the
original 15 days).
c. Court has been given the power to condone the delay, if the
complainant satisfies the Court that he/she had sufficient cause for
not making a complaint within prescribed period.
d. Bank’s slip/ memo bearing official mark denoting that cheque has
been dishonoured shall be the prima facie evidence for such
dishonour and Bank’s officials will not be called for evidence, unless
absolutely necessary.
This is mainly to protect the interest of the payee and enable him/her to
proceed against X based on the provisions of relevant sections of NI Act,
otherwise the purpose will be defeated and the customers will take undue
advantage by closing their accounts, after issuing cheques to avoid criminal
liability.
This is a very important section of NI Act for bankers and relates to dishonour
of cheque due to insufficiency of funds in the account. It has been reported
that almost 20% of all the cases in courts relate to this issue. The Section
states that- ‘Where any cheque drawn by a person on an account maintained
by him with a banker for payment of any amount to another person from that
account for the discharge, in whole or in part, of any debt or other liability, is
returned by the bank unpaid, either because of the amount of money standing
to the credit of that account is insufficient to honour the cheque or that it
exceeds the amount arranged to be paid from that account by an agreement
made with that bank, such person shall be deemed to have committed an
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offence and shall, without prejudice to any other provision of this Act, be
punished with imprisonment for a term which may be extended to two years,
or with fine which may extend to twice the amount of the cheque, or with
both’. This is however, subject to 3 conditions:
i. The cheque has been presented to the bank within a period of six
months from the date on which it is drawn or within the period of its
validity, whichever is earlier;
ii. The payee makes a demand for the payment of the said amount of
money by giving a notice; in writing, to the drawer of the cheque within
thirty days of the receipt of information by him from the bank regarding
the return of the cheque as unpaid; and
iii. The drawer of such cheque fails to make the payment of the said
amount of money to the payee within 15 days of the receipt of the said
notice.
The NI Act serves as an important base for the bankers to carry out their day
to day banking functions. Since the bankers are dealing with the Negotiable
Instruments like cheques regularly, both the paying banker as well as the
collecting banker will have to attach lot of importance to the provisions of this
Act.
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The paying banker should take the following aspects in account while making
payment of cheques:
When a cheque is crossed and cash payment is made over the counter
or a cheque is postdated and paid before the date or there is a material
alteration not supported by the drawer’s signature is paid, it will not be
payment in due course, since the paying banker ignored the apparent
tenor of the respective cheques.
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(drawee) to refer the matter to the drawer and after making
proper/satisfactory enquiry, he/she has to make the payment. A
prudent banker has to take enough care to protect the interest of
his/her customer. Good faith is shown by action when the banker acts
without negligence. Both ‘Good faith and without negligence’, many a
times go together. If the banker acts negligently, the customer (drawer)
may have to lose his/her money and also reputation. Hence, a paying
banker has to ensure that the payment is made without negligence. The
negligence of the bank depends on the circumstances of each case.
e. Not entitled to receive: Bank should ensure that the person who is
mentioned to receive (payee or holder or holder in due course or
endorsee) is the genuine and bona-fide person who is really entitled to
receive the payment of the cheque. The paying banker has to make
discreet enquiries wherever required to satisfy that the payment is not
going to the wrong person (who is not entitled to receive.)
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Sec 31 - Paying Banker’s Liability
a. Stop payment instructions for the said cheque has been accepted and
noted.
b. The intimation about the drawer’s death is received by the bank
(drawee).
c. The funds are attached by the court or the government (by way of
garnishee order/ income tax etc.,) and balance amount is insufficient
to make payment.
f. The account shows balance but cannot be utilized on account of the
fact that the same has uncleared items and funds are set aside for
particular purpose.
g. The funds are set off by the bank.
h. Cheque amount in words and figures differ. In such instances, as per
sec 18 of NI Act 1881, amount written in words to be relied upon as
compared to the figures. This is on account of the belief that the time
taken for writing in words is more as compared to writing the figures.
The banker has to act as prudently.
i. If the cheque is presented beyond banking hours the same may be
returned.
5.5.11 Collecting banker- duties and responsibilities
Sec 131 of the NI Act provides protection to the collecting banker if he/she
collects crossed cheques, generally or specially for a customer in good faith
and without negligence and ensures that the customer for whom he/she
collects is entitled to receive payment on such a cheque.
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To get protection under Sec 131, the banker has to comply with the following:
Local usage prevails unless excluded: The Act does not affect any local
usage relating to any instrument in an oriental language. However, the local
usage can be excluded by any words in the body of the instrument, which
indicate an intention that the legal relations of the parties will be governed by
provisions of Negotiable Instruments Act and not by local usage. Thus, unless
specifically excluded, local usage prevails, if the instrument is in regional
language.
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• Returning of Cheques - Provisions amended
• Provision for imprisonment increased from one year to two years.
• Period for issuing notice to drawer increased from 15 days to 30
days.
• Government Nominee Directors excluded from liability.
• Court empowered to take cognizance of offence even if complaint
filed beyond one month.
• Summary trial procedure permitted for imposing punishment up to
one year and fine even exceeding Rs 5,000.
• Summons can be issued by speed post or courier service.
• Summons refused will be deemed to have been served.
• Evidence of complainant through affidavit permitted.
• Bank’s slip or memo indicating dishonour of cheque will be prima
facie evidence unless contrary proved.
• Offence can be compounded.
5.5.13 Changes made by Amendment to the Act in 2018
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Section 138 of NI Act. It provides that the Appellate Court may order the
Appellant to deposit such sum which shall be a minimum of twenty percent
of the fine or compensation awarded by the trial court.
It may be seen from above that the consequences of dishonour of a cheque for
insufficiency of funds in the account is an important development in the field
of banking. As per the relevant provisions of Sec 138 of the NI Act, it attracts
both civil and criminal liabilities on the part of the person who issues the
cheques without sufficient funds, thus an aggrieved party can file a civil as
well as criminal case for this matter.
(1). It is the duty of the drawer to keep sufficient balance in the account before
issuing a cheque.
(2). If the cheque is mutilated then the paying bank has to give a certificate.
(3) “Not Negotiable crossing along with the Account payee mention” is a
general crossing.
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(4). A bill of exchange to contain an unconditional undertaking to pay a
certain sum of money to certain person or to his/her bearer or to his/her
order for consideration.
(6). After depositing the cheque in his/her favour in his/her bank, the payee
expired. Then the paying bank need not pay if the cheque has been presented
in clearing.
(8) All cheques are bills of exchange but all bills of exchange are not cheques.
(1). True (2) False (3) True (4) False (unconditional order)
(5) True (6) False (7) True (8) True (9) False (10) False (3 months)
(a).1947
(b) 1949
(c) 1857
(d) 1881
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(3) The stop payment instruction to be given by
(a) drawer
(c) endorser
(d) none
(4) In a cheque the name of the payee has been struck and a new name is
inserted.
(5) A cheque has been wrongly returned when there has been sufficient
balance in the account with the reason “insufficient funds”
(d) all
(6) The reverse of the cheque is filled with endorsements. The endorsee wish
to endorse further and there is no space. Then he/she can
(d) none
(7) The person who is entitled to receive payment of the cheque is called:
(a) Drawee
(b) Payee
(c) Drawer
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(8) The person who is account holder and issues cheque for payment to
another person is called.
(a) Drawee
(b) Payee
(c) Drawer
(a) Drawee
(b) Payee
(c) Drawer
(10) As per Section 6 of NI Act, the Cheque means a physical bill of exchange
(cheque leaf) as well as::
5.6.1 Objective
5.6.2 Introduction
5.6.3 Applicability
5.6.4 Features
5.6.5 Powers
5.6.6 RTI Rates
5.6.7 Exclusions
5.6.8 Role of Government
5.6.9 Let Us Sum Up
5.6.10 Key words
5.6.11 Check Your Progress questions
5.6.12 Terminal Questions
5.6.13 References for further reading
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5.6.1 Objectives
The Right to Information Act 2005 (RTI) is an Act of the Parliament of India
and is applicable to whole of India to “provide for setting out the practical
regime of right to information for citizens." It replaced the former Freedom of
Information Act, 2002.
The ‘Right to Know’ has been a public demand in several countries and in
response, the Governments in over 80 countries have enacted legislations or
laws to provide open access to the information. In view of the openness as
against secrecy, these laws (Called as Freedom of Information- ‘FOI’ Laws in
some countries) are popularly called ‘Sunshine laws’ also.
The basic objective of the Right to Information Act is to empower the citizens,
to promote transparency and accountability in the working of the
Government, to contain corruption, and to enhance people’s participation in
democratic process thereby making our democracy work for the people in a
real sense. An informed citizen is better equipped to keep necessary vigil on
the instruments of governance and make the government more accountable
to the people of the country. The Act is a big step towards making the citizens
informed about the activities of the Government.
5.6.3 Features
Under the provisions of the Act, any citizen may request information from a
"public authority" (a body of Government or "instrumentality of State") which
is required to reply expeditiously or within thirty days. In the categories of
‘Public Authority’, private organizations and cooperative banks are not
included explicitly. RBI also had confirmed in 2013 that cooperative banks
382
are not covered under RTI34. Even Supreme Court, in a case of Kerala
(Thalappalam-Cooperative -vs- State-of-Kerala), gave a decision that the
“Cooperative Societies registered under the Kerala Co-operative Societies Act
will not fall within the definition of “public authority” as defined under RTI
Act35. However, in 2017, Aurangabad bench of the Bombay High Court gave a
ruling in a case that everything which is mentioned in the definition of
information as per RTI Act needs to be provided by the cooperative
institutions. The High Court observation came in response to a petition filed
by the Association of Jalgaon Zilla Urban Cooperative Banks, Credit Societies
and others36. Though there is confusion, but it is quite possible that the
cooperative banks will have to abide by the RTI norms in future. This situation
makes study of RTI Act more important for the staff of cooperative banks.
The Act also requires every public authority to computerize their records for
wide dissemination and to proactively publish certain categories of
information so that the citizens need minimum recourse to request for
information formally.
This law was passed by Parliament on 15 June 2005 and came fully into force
on 13 October 2005. Information disclosure in India was hitherto restricted
by the Official Secrets Act 1923 and various other special laws, which have
been relaxed by the RTI Act.
34
RBI(2013) quoted in Business Standard dated 5 Feb.2013. Weblink: https://www.business-
standard.com/article/finance/co-op-banks-not-covered-by-rti-act-says-rbi-107042501107_1.html
35
https://righttoinformation.wiki/important-decisions/thalappalam-coop-vs-state-of-kerala
36
Times of India, 02 March 2017, Weblink: https://timesofindia.indiatimes.com/city/aurangabad/co-op-bodies-come-
under-rti-ambit-hc/articleshow/57418281.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
383
Residuary powers
If any difficulty arises in giving effect to the provisions in the Act, the Central
Government may, by Order published in the Official Gazette, make provisions
necessary/expedient for removing the difficulty. (S.30)
5.6.5 Process
Under the Act, the Central Government and State Government can constitute
a body called the Central Information Commission and the State Information
Commission respectively. Under the Act, all the authorities covered must
appoint their Public Information Officer (PIO). Any person may submit a
request to the PIO for information in writing. It is the PIO's obligation to
provide information to citizens of India who request information under the
Act. If the request pertains to another public authority (in whole or part), it is
the PIO's responsibility to transfer/forward the concerned portions of the
request to a PIO of the other authority within 5 working days. In addition,
every public authority is required to designate Assistant Public Information
Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs
of their public authority. The applicant is not required to disclose any
information or reasons other than his/her name and contact particulars to
seek the information. Online systems have been created by GoI and state
governments which facilitate the filing of RTI applications online. For example
“https://rtionline.gov.in” is for Government of India and
“https://rtionline.maharashtra.gov.in” is for Maharashtra state government.
It aims primarily at minimizing the time taken and effort required in filing an
application. The Act specifies time limits for replying to the request:
i. If the request has been made to the PIO, the reply is to be given within
30 days of receipt.
ii. If the request has been made to an APIO, the reply is to be given within
35 days of receipt.
iii. If the PIO transfers the request to another public authority (better
concerned with the information requested), the time allowed to reply is
30 days but computed from the day after it is received by the PIO of the
transferred authority.
iv. Information concerning corruption and Human Rights violations by
scheduled Security agencies (those listed in the Second Schedule to the
Act) is to be provided within 45 days but with the prior approval of the
Central Information Commission.
v. However, if life or liberty of any person is involved, the PIO is expected
to reply within 48 hours.
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vi. Provision for appealing is also available under the Act.
Since the information is to be paid for, the reply of the PIO is necessarily
limited to either denying the request (in whole or part) and/or providing a
computation of "further fees". The time between the reply of the PIO and the
time taken to deposit the further fees for information is excluded from the
time allowed. If information is not provided within this period, it is treated as
deemed refusal. Refusal with or without reasons may be ground for appeal or
complaint. Further, information not provided in the time prescribed is to be
provided free of charge. For Central Govt. Departments as of 2006, there is a
fee of Rs.10 for filing the request, Rs. 2 per page of information and Rs.5 for
each hour of inspection after the first hour. If the applicant is a Below Poverty
Line Card holder (BPL), then no fee shall apply. Such BPL Card holders have
to provide a copy of their BPL card along with their application to the Public
Authority. States Government and High Courts fix their own rules.
1. Application Fee
2. Additional Fee
a) For each page (in A-4 or A-3 size paper) created or copied
5.6.7 Exclusions
Information Exclusions
386
7. Information, the disclosure of which would endanger the life or physical
safety of any person or identify the source of information or assistance
given in confidence for law enforcement or security purposes;
8. Information which would impede the process of investigation or
apprehension or prosecution of offenders;
9. Cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers;
10. Information which relates to personal information the disclosure
of which has no relationship to any public activity or interest, or which
would cause unwarranted invasion of the privacy of the individual.
5.6.8 Role of Government
Section 26 of the Act urges the central government and state governments to
initiate necessary steps to:
The Right to Information Act, 2005 provides scope and support for the general
public to seek information about various issues discussed in the Act and their
present state of affairs from the Central and State Government Authorities.
The introduction of this Act provides for transparency in the functioning of
these Government departments. Regarding coverage of Cooperative Banks
under the Act as of now, RBI guidelines and a Supreme Court judgment of
2013 have ruled that Cooperatives are not covered under the Act. However,
Bombay High Court decision of 2017 has ruled that the cooperatives have to
furnish the information under RTI. Thus there is possibility that in future the
cooperative banks may be covered under this Act. In this background as well
as in view of the importance of this Act, it is for the benefit of the staff of
cooperative banks, if they are aware about the provisions of this Act and
387
perform their duty in a transparent manner to provide best possible service
to the customers and the society.
01. The Right to Information Act 2005 not applicable to the State of
Karnataka
02. The Right to Information Act2005 came into force on 31st December 2009
03. The Right to Information Act 2005 does not apply to all organizations
04. A person seeking information has to disclose the reason for seeking
information
05. The RTI empowers the citizens to seek any information including
confidential information from foreign Government
01. False 02. False 03. True 04. False 05. False
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04. Based on the Right to Information Act, 2005, an applicant can seek
information relating to the official matters handled by the Central Bureau of
Investigation
a. True
b. Central Bureau of Investigation excluded
c. True but only for certain matters
d. False
05. The provisions of the Right to Information Act 2005 provides for collection
of additional fees
a. Wherever applicable as per the Act
b. Additional fee not to be collected
c. at the discretion of the official concerned
d. under special circumstances only
06 "Consider the following. A Principal Information Officer : i) malafidely
denies information. ii) obstructed furnishing information. iii) knowingly gave
incorrect, incomplete or misleading information. For which of these actions
can he / she be penalised by an Information Commission."
a. only i)
b. only ii)
c. & ii) both
d. "i), ii) & iii)"
07. Right to information includes the right to taking:
a. Notes
b. Extracts
c. Certified copies of documents or records
d. All the above
08. The Act requires the designation of ____.within a `Public Authority`
a. Public Information Officer(s) [PIO(s)]
b. Assistant Public Information Officer(s) [APIO(s)]
c. Senior Officer(s) to hear appeals made against unsatisfactory
decisions of PIO(s)
d. All the above
09. "Right to information is available under the `Right to Information Act,
2005`"
a. Only to all Parliamentarians
b. Only to all officers and employees of GoI and state government
c. Only to people above 18 years of age.
d. To all Indian citizens.
10. Freedom of Information (FoI)/Right to Information (RTI) laws are also
referred to as
a. anti-government laws
b. open-government laws and sunshine laws
c. black laws
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d. anti-development laws
11 How many countries in the world have Freedom of Information or Right to
Information legislations / Acts?
a. None
b. All
c. Less than a dozen
d. Over 80
12.The RTI Act gives right to seek information from the following:
a. Private companies
b. Public Limited Companies
c. Public authorities
d. Multi-National Corporations (MNC) having business in India
13. An RTI application can be sent
a. by post
b. by e-Mail
c. delivered personally
d. Through any of the above means .
Key to Terminal questions
01. (d) 02. (b) 03. (c) 04. ( b ) 05. (a) 06. (d) 07. (d) 08. (d ) 09. (d) 10. (b)
11. (d) 12. ( c ) 13. (d)
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