Govt gives sweeping powers to RBI to deal with bad loans
President Pranab Mukherjee approves banking ordinance on NPAs
The government on Friday gave wide-ranging legislative powers to the Reserve Bank of India (RBI) to issue directions to lenders to initiate insolvency proceedings for the recovery of bad loans.
Non-performing assets (NPAs) or bad loans of public sector banks (PSBs) have reached “unacceptably high levels” of over ₹6 lakh crore, the bulk of which are in sectors such as power, steel, road infrastructure and textiles.
The ordinance to amend the Banking Regulation Act was promulgated by President Pranab Mukherjee last night.
The ordinance authorises the “Reserve Bank to issue directions to any banking company or banking companies to initiate insolvency resolution process in respect of a default under the provisions of the Insolvency and Bankruptcy Code (IBC), 2016”.
It has also empowered the RBI to issue directions to banks for resolution of stressed assets.
The central bank has been equipped with powers to specify one or more authorities to advise banks for dealing with the problem of NPAs which, as per the Ordinance, “have reached unacceptably high levels and urgent measures are required for their resolution”.
The law will also empower RBI to set up sector related oversight panels, which will shield bankers from later action by probe agencies looking into loan recasts.
Banks have been reluctant to resolve NPAs through settlement schemes or sell bad loans with haircut to asset reconstruction companies for fear of 3Cs -- CBI, CAG and CVC.
With the enactment of amendment, the RBI will be able to give specific solutions with regard to haircut for specific cases and also, if required, look at providing relaxation in terms of current guidelines.
Finance minister Arun Jaitley had in March said that the government would consider setting up multiple oversight committees under the RBI to examine the cases of NPAs referred by banks.
The Ordinance will ensure effective use of IBC 2016 for resolution of stressed assets and give a big boost to the government’s efforts to cut down NPAs in the banking sector.
The Ordinance, which amends Section 35A of the Banking Regulation Act 1949, will have to be placed in Parliament for approval in the upcoming monsoon session. It has inserted Section 35AA and Section 35 AB in the Act.
The government had earlier enacted the IBC to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner. It was aimed at maximising the value of assets to promote entrepreneurship, availability of credit and balance the interest of all stakeholders. The Cabinet had approved promulgation of an Ordinance to amend the Banking Regulation Act for resolution of the NPA crisis facing public sector banks on Wednesday.
“Banks presently have various powers under Banking Laws, SARFAESI Act, and now the bankruptcy law to enforce lenders rights concerning NPAs. However, banks have obvious incentive problems to exercise those powers including balance sheet implications. It is expected that the ordinance would empower the RBI to nudge the banks to take necessary steps towards resolution of NPAs,” said Bhavin Shah, partner, financial services and tax leader, PwC.