7 Coal Blocks auctioned in 12th Round of Commercial Auctions (See 'Corp Brief') Investor Protection Fund Authority to launch Portal to simplify claims (See 'Corp Brief') Sonali Mishra, IPS, assumes Charge as Director General, RPF (See 'Corp Brief') National Handloom Day: President Murmu will be Chief Guest (See 'Corp Brief') PMLA - Court-monitored ED probe can't be sought by person into real estate company for allegedly duping homebuyers and siphoning of funds, if such person was neither homebuyer nor affected by acts of company: HC (See 'Legal Desk') DPIIT signs MoU with HDFC Capital to boost innovation in affordable housing (See 'Corp Brief') A&C - If clause in agreement gives parties discretion to refer matter to arbitration after disputes have arisen, it cannot be construed as binding arbitration agreement: HC (See 'Legal Desk') CCI Bokajan Cement Plant returns to profitability (See 'Corp Brief') Misc - Payment of stamp duty under Maharashtra Stamp Duty Amnesty Scheme, 2023, can't override statutory time limits prescribed under Registration Act, 1908, for presentation of documents: HC (See 'Legal Desk') Over Rs 11 lakh crore in loans disbursed to women SHGs by banks: Chouhan (See 'Corp Brief') MoS hails National AI Mission, Celebrates Women-Led Startups (See 'Corp Brief') IBC - Entries in balance sheets can qualify as acknowledgments u/s 18 of Limitation Act, even if creditor is not explicitly named: SC (See 'Legal Desk') Bharat CISO's Conclave and Cybersecurity Startup Exhibition Inaugurated (See 'Corp Brief') Miscellaneous - Negotiable Instruments Act - while Section 348 of BNSS grants wide powers to summon or recall witnesses in the interest of justice, yet it cannot be used to fill lacunae in evidence or prolong proceedings unnecessarily: HC (See 'Legal Desk') Technological features added to NeVA to increase linguistic inclusiveness (See 'Corp Brief') IPR - Distinctiveness of combination mark cannot be negated by dissecting such mark: HC (See 'Legal Desk') BSNL Subscriber Base grows to 9.1 Crore (See 'Corp Brief') IBC - If lease amount is unpaid by Corporate Debtor, it amounts to Operational Debt: NCLT (See 'Legal Desk') CCI okays combination of Anantam Highways Trust & Alpha Alternatives Fund (See 'Corp Brief') IPR - Fact that existing competitor in comparison to new entrant in market has deliberately, intentionally and in calculated manner attempted to reap from cultivated soil of trade rival, is impermissible: HC (See 'Legal Desk') With 24 Countries Onboard, India leads in Global Big Cat Protection (See 'Corp Brief') PMLA - 'Predicate offences' lodged under newly introduced Bharatiya Nyaya Sanhita can be treated as 'scheduled offences' under stringent PMLA, even if its schedule only refers to repealed IPC: HC (See 'Legal Desk') CCI approves acquisition of equity of Renault Nissan Automotive by Renault Group B.V. and Renault S.A.S. (See 'Corp Brief') NI Act - Debt arising from illegal cash transaction in violation of Income Tax Act is not legally enforceable debt: HC (See 'Legal Desk') Ministry of Ayush advances Scientific Research through AYURGYAN Scheme (See 'Corp Brief') A&C - Foreign arbitral award cannot be enforced against person who was not party to arbitration proceedings: HC (See 'Legal Desk') Scindia announces launch of Sanchar Saathi Mobile App in Hindi & 21 regional languages (See 'Corp Brief') IPR - Company that suffers loss/damages due to acts of accused for selling counterfeit products can file appeal against acquittal as 'victim' under proviso to Sec 372 CrPC: SC (See 'Legal Desk') NI Act - Amendment to complaint u/s 138 can be made at post-cognizance stage, provided that no 'prejudice' is caused to accused and complainant's cross-examination is awaited: SC (See 'Legal Desk') Scindia reviews BSNL's Performance, Emphasizes Customer Experience (See 'Corp Brief') PMLA - Being secured mortgagee, bank is at liberty to stake its claim before PMLA Court u/s 8(5), with notice to other secured and unsecured creditors: SAFEMA (See 'Legal Desk') Govt ensures better use of LPG by PMUY beneficiaries: MoS (See 'Corp Brief') Competition Act - Information filed beyond statutory 3 year period cannot be condoned where no cogent reasoning is provided therefor; conduct of respondent also not found to be in abuse of dominant position or an anti-competitive agreement: CCI (See 'Legal Desk') Earth Sciences Ministry's Foundation Day: MoS announces 14 scientific products (See 'Corp Brief') SEBI - SECC Regulations - penal provisions must be interpreted strictly, especially when civil liabilities and penalties are involved: SAT (See 'Legal Desk') J&K witnesses Rapid Upgradation of Rail Tracks and Coaches (See 'Corp Brief') Stronger the Logistics, Stronger the Borders: Rajnath Singh (See 'Corp Brief') IPR - Indiamart shall be restrained from providing registered trademark 'PUMA' in respect of goods if search options in its drop down menu presented to prospective sellers at time of registration on e-commerce platform: HC (See 'Legal Desk') APEDA refutes unfounded allegations in Organic Cotton Certification (See 'Corp Brief') IPR - Sole intention of defendants was to defraud Indian consumers into mistakenly believing that it were genuine sites of Gameskraft; Rogue websites shall be restrained: HC (See 'Legal Desk') Coal Ministry holds Workshop on Exploration Module of SWCS (See 'Corp Brief') IPR - Since there is no prima facie sustainable allegation of involvement, by Amazon Tech, in any infringement of Lifestyle's registered trademark, does not amount to deliberate infringment: HC (See 'Legal Desk') Re-thinking Royalty in the Digital Age (See CORP EINSICHT)

Govt moves to pump in more funds to strengthen PSBs

Published: Dec 21, 2018

By TIOLCORPLAWS News Service

NEW DELHI, DEC 21, 2018: GOVT yesterday moved proposal in Parliament for enhanced bank recapitalisation outlay from Rs. 65,000 crore to Rs. 1,06,000 crore in the current financial year to propel economic growth, cementing India's position as the fastest growing economy of the world. This would enable infusion of over Rs. 83,000 crore in the coming few months in Public Sector Banks (PSBs).

The enhanced provision is aimed at:

(1)  Meeting regulatory capital norms

(2)  Providing capital to better-performing PCA Banks to achieve 9% Capital to Risk-weighted Asset Ratio (CRAR); 1.875% Capital Conservation Buffer and the 6% Net NPA threshold, facilitating them to come out of PCA

(3)  Facilitating non-PCA banks that are in breach of some PCA thresholds to not be in breach

(4)  Strengthen amalgamating banks by providing regulatory and growth capital

Following comprehensive clean-up of the banking system under Government's 4R's approach of Recognition, Resolution, Recapitalisation and Reforms, the envisaged recapitalisation would equip banks financially at levels higher than the global norms. In this connection, it is pertinent that India's capital norms for banks are 1% higher than the norms recommended under the global Basel-III framework. Further, unlike the early intervention regime of other major economies, India's PCA framework for weaker banks has more onerous thresholds, viz., higher capital thresholds and a Net NPA threshold that further embeds capital requirement on account of provisioning of NPAs. yesterday's proposal in an expression of Government's commitment that each PSB is an article of faith, and aims at securing compliance even for the higher regulatory norms.

The results of Government's comprehensive 4R's approach to strengthen PSBs and foster a culture of clean and responsible banking are now visible:

++ Recognition of restructured standard assets as NPAs was initiated with Asset Quality Review in 2015 and with discontinuation of restructuring schemes this year, the recognition exercise is nearly over with such assets declining from the peak of 7.0% in March 2015 to 0.59% as of September 2018.

++ Resolution process has been strengthened by changing the creditor-debtor relationship through the Insolvency and Bankruptcy Code and debarment of wilful defaulters and connected persons, which has resulted in record recovery this year.

++ Recapitalisation , under which, with yesterday's decision, total mobilisation of capital in PSBs since commencement of clean-up in 2015-16 is slated to be over Rs. 3,00,000 crore.

++ Reforms have accompanied recapitalisation in the form of a comprehensive PSB Reforms Agenda that addresses the root causes of poor asset quality and commits banks to clean lending and rolling out of next-generation banking services by leveraging benefits of technology and formalisation of the economy.

Through 4R's, the banking system has registered sharp reduction in stress and loan defaults, record recovery and steady increase in provision coverage, and is poised to further harness the benefit from large-scale resolution anticipated over the current and next financial years.

Major impact of the 4R's approach is as under:

++ Gross NPAs of PSBs have started declining after peaking in March 2018, registering a decline of Rs. 23,860 crore in the first half of the current financial year.

++ Non-NPA accounts overdue by 31 to 90 days (Special Mention Accounts 1 & 2) of PSBs have declined by 61% over five successive quarters from Rs. 2.25 lakh crore as of June 2017 to Rs. 0.87 lakh crore as of September 2018, substantially paring down credit at risk.

++ The Provision Coverage Ratio (PCR) of PSBs has risen steeply from 46.04% as of March 2015 to 66.85% as of September 2018, giving banks cushion to absorb losses.

++ Record recovery of Rs. 60,726 crore has been effected by PSBs in the first half of the current financial year, which is more than double the amount recovered over the corresponding period last year. 

++ PSBs have de-risked their portfolio as reflected in the Credit Risk-weighted Assets (RWAs) to Gross Advances ratio which has been decreased from 80.26% in Sep-17 to 71.20% in Sep-18.

++ India's global rank on “getting credit” under World Bank's Ease of Doing Business Index has improved from 44 in 2016 to 22 in 2018, manifesting Enhanced Access & Service Excellence (EASE) in banking.

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