Business Standard

RBI to gain control on co-op banks in a phased manner

- SOMESH JHA

The Union government will notify the recently promulgate­d Ordinance to give more teeth to the Reserve Bank of India (RBI) over co-operative banks in a phased manner. For now, the new Ordinance has been made effective from June 29 to cover multi-state co-operative banks, according to a notificati­on issued by the finance ministry on Tuesday. However, a large majority of cooperativ­e banks that operate in one state, or state co-operative banks, will be covered under the new law from a later date, said a top government official.

“We will notify the new law for state cooperativ­e banks from a later date. But cooperativ­e banks registered in multiple states will come under the purview of the new law immediatel­y,” the official said.

President Ram Nath Kovind had approved the Banking Regulation (Amendment) Ordinance, 2020, on June 26 to give more powers to the RBI to restructur­e co-operative banks, to give more say in the management, and to allow the regulator to frame a revival plan for such struggling lenders without placing restrictio­ns on depositors.

Right now, the state laws regulated the incorporat­ion, regulation, and winding-up of co-operative societies, and the Registrar of Co-operative Societies appointed by state government­s act as the regulatory authority for them. But co-operatives in multiple states are governed by the Multi-state Cooperativ­e Societies Act, 2002, under the central government’s domain.

Some of the banking-related functions came under the RBI, which adopted a ‘lighttouch’ regulation for them. So while multistate co-operative banks will have to comply with tighter regulatory norms, akin to commercial banks, immediatel­y, state cooperativ­e banks will take some time to come under the full regulatory purview.

The new Ordinance enables the RBI to take “control over management” of co-operative banks registered with a state government, apart from multi-state co-operative banks. The amendments made by the government, however, do not apply to primary agricultur­al credit societies or co-operative societies whose primary objective and principal business is long-term finance for agricultur­al developmen­t. According to another government official, some state government­s had shown resistance to the central government’s move to give more control to the RBI over co-operative banks falling under the state’s domain.

A note prepared by former Planning Commission advisor K D Zacharias, uploaded on the RBI’S website, noted that “banking being a central subject, and co-operatives operating within a state being a state subject under the Constituti­on, providing overriding effect to the banking laws over the law governing co-operative societies in case of conflict is a contentiou­s issue”.

While issuing a press statement on

Saturday about the Ordinance, the government made sure to emphasise that the “amendments do not affect the existing powers of the state registrars of co-operative societies under state co-operative laws”.

Experts said that the Ordinance will help in doing away with the duality of regulatory control over co-operative banks, along with allowing them to raise capital from other avenues.

“The most critical change brought about by the Ordinance is the ability of co-operative banks to raise capital from the market. Earlier, the means of raising resources were significan­tly curtailed,” Veena Sivaramakr­ishnan, partner, Shardul Amarchand Mangaldas & Co. said, adding through the Ordinance, the RBI has put certain checks and balances for raising capital.

This will help increase the capital base for co-operative banks and allow them to undertake transactio­ns in a more efficient and diversifie­d manner.

 ??  ?? The Ordinance enables the RBI to take ‘control over management’ of co-operative banks registered with a state government, apart from multi-state co-operative banks
The Ordinance enables the RBI to take ‘control over management’ of co-operative banks registered with a state government, apart from multi-state co-operative banks

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