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Banking Law Draft 2022
Banking Law Draft 2022
INTRODUCTION
The recent Punjab and Maharashtra Co-operative Bank’s (PMC Bank) crisis has
created chaos among thousands of its depositors. PMC Bank is a multi-state
scheduled urban cooperative bank with its operations in Gujarat, Maharashtra,
Goa, Karnataka, Andhra Pradesh, Madhya Pradesh and New Delhi. With a network
of 137 branches, it ranks among the top 10 cooperative banks in the country.
Recently, due to some under-disclosed bad loans above the ceiling limit, the RBI
has imposed lending restrictions on PMCB, at Rs 10,000 per customer for six
months. The bank has also been brought under Directives which means it will be
directly overseen by the RBI for this period.
CHAPTER-2
What are cooperative banks and financial institution?
A co-operative bank is a financial entity which belongs to its members, who are at
the same time the owners and the customers of their bank. It is often established by
people belonging to the same local or professional community having a common
interest. It is formed to promote the upliftment of financially weaker sections of the
society and to protect them from the clutches of money lenders who provide loans
at an unreasonably high-interest rate to the needy. The co-operative structure is
designed on the principles of cooperation, mutual help, democratic decision
making and open membership. It follows the principle of ‘one shareholder, one
vote’ and ‘no profit, no loss’. Cooperatives Banks are registered under the
Cooperative Societies Act, 1912. These are regulated by the Reserve Bank of India
and National Bank for Agriculture and Rural Development (NABARD) under the
Banking Regulation Act, 1949 and Banking Laws (Application to Cooperative
Societies) Act, 1965. Cooperative banks differ from commercial banks on the
grounds of organization, governance, interest rates, the scope of functioning,
objectives and values.
Customer-owned entities
The members of cooperative banks are both the owners and the customers of the
bank. Thus, the aim of the cooperative bank is not to maximize profits but to
provide the best possible services to its members. Some of the cooperative banks
also admit non-members so as to provide them with banking services.
Profit allocation
A specified portion of the profits are transferred to Statutory Reserve and other
reserves, and then a fair rate of interest is paid on the capital subscribed by the
members. A part of this profit can also be distributed to the co-operative members,
with legal and statutory limitations in most cases.
CHAPTER-4
Functions & Structure of Cooperative Banks:
A State Co-operative Bank works at the apex level (i.e. works at the state
level).
The Central Co-operative Bank works at the Intermediate Level (i.e. works
at district level).
Primary Co-operative Credit Societies at a base level (i.e. works at village
level).
The funds of the bank consist of share capital, deposits, loans and overdrafts
from state co-operative banks and joint stocks. These banks provide finance
to member societies within the limits of the borrowing capacity of societies.
They also conduct all the business of a joint-stock bank.
These are organized in 3 tiers, namely; state, central, and primary level with
the objective to meet the long-term credit requirements of the farmers for
developmental purposes. National Bank for Agriculture and Rural
Development (NABARD) supervises Land development banks. The sources
of funds for these banks are the debentures subscribed by both Central and
State government as these banks do not accept deposits from the general
public.
Cooperative banks have a small capital base as it can start with a capital base of 25 lakhs,
making it difficult for them to account a portion of such capital as their working capital and
raising working capital has been a major hurdle for almost all cooperative banks.
Political interference
Politicians use them to increase their vote bank and usually get their
representatives elected over the board of directors in order to gain undue
advantages like sanctioning of loans which later gets written off.
Dual control
Cooperative banks are controlled under the dual system, i.e. by RBI and by their
respective State government which poses a problem in coordination and
management.
Dependence of finance
Cooperative banks depend heavily on RBI, NABARD and the government for
refinancing facilities. It depends on the government for capital rather than on its
members.
Overdue loans
Overdue loans of cooperative banks are increasing yearly, restricting the recycling
of funds which in turn affects the lending and borrowing capacity of the bank.
# Case of Punjab and Maharashtra Cooperative Bank (PMC Bank)
The PMC Bank had Rs 11,617 crore in deposits as on March 31, 2019. It
had violated Reserve Bank of India (RBI) norms by lending heavily to one
client-real-estate firm Housing Development and Infrastructure Limited
(HDIL), which itself is facing bankruptcy proceedings. PMC Bank has
extended 73 per cent of their assets to HDIL.
The former chiefs of the bank and the promoters of HDIL have been booked
for cheating, and lookout notices have also been issued against them.
The PMC Bank crisis shows how the watchdogs -the bank’s auditors, the
RBI and the government were lousy in doing their jobs and taking
responsibility.
An action was taken by RBI under sub-section (1) of Section 35A of the
Banking Regulation Act,1949 read with Section 56 of the Act which deals
with the power of RBI to give directions.
PMC Bank cannot grant or renew any loans or advances or to make any
investments or accept any new deposits without the prior approval of RBI
for the next six months.
CHAPTER-7
Measures to be taken