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NPAs and their 
management in banks 
1
Index 
NPAs – An Introduction 
Significance of NPA reduction 
Income Recognition & Asset Classification 
Valuation of security & Write Off (Provisioning) 
Tools of management of NPAs by Banks 
2
NPA – An Introduction 
Definition & Identification of NPA 
A Non-performing asset (NPA) is defined as a credit facility 
in respect of which the interest and/or instalment of principal 
has remained ‘past due’ for a specified period of time. 
An asset, including a leased asset, becomes a non-performing 
asset when it ceases to generate income for the bank. 
With a view to moving towards international best 
practices and to ensure greater transparency, it was 
decided to adopt the “90 days’ overdue” norm for 
identification of NPAs, from the year ending March 31, 
2004. 
3
Definition & Identification of NPA (contd….) 
Accordingly, with effect from March 31, 2004, a non-performing asset 
(NPA) shall be a loan or an advance where – 
i.Interest and/or instalment of principal remain overdue for a period of 
more than 90 days in respect of a term loan. 
ii.The account remains “out of Order” for a period of more than 90 
days, in respect of an Overdraft/Cash Credit (OD/CC) [Balance above 
limit, within limit but no credits, outstanding balance more than DP, 
facility not renewed in time]. 
iii.The bill remains overdue for a period more than 90 days in the case 
of bill purchased and discounted from the date the bill become due for 
payment. 
iv.Interest and/or instalment of principal remains overdue for two 
harvest seasons in case of short term loans and one crop season in case 
of long/medium term agricultural loans including crop loans. 
v.Any amount to be received remains overdue for a period of more 
than 90 days in respect of other accounts. 
4
NNPPAA SSttaattiissttiiccss 
Gross NPA level in the banking system has gone up:- 
 March 31, 2010 = Rs.59,434 crore 
March 31, 2011 = Rs.74,617 crore 
March 31, 2012 = Rs.1,42,000 crore 
March 31, 2013 = Rs.1,64,462 crore 
(about 3.68% of advances). 
Rating agency ICRA said banks’ NPA ratios may 
see a sharp rise to 5.5-6.5% in June 30, 2015 from 
the present 3.3% once the RBI’s revised guidelines 
on bad asset classification come into force.
Significance of NPA reduction 
Increase in profitability. 
Consistent income generation. 
Increase in free reserves. 
Availability of more funds for operative purposes. 
Less provisioning requirements. 
Strengthens bank’s reputation. 
Enhances customer confidence. 
Highlights sound credit monitoring system of bank. 
6
Income Recognition && AAsssseett CCllaassssiiffiiccaattiioonn 
RBI has issued following guidelines for 
recognition of income from advances and 
asset classification thereof 
The policy of income recognition has to be objective and based on 
the record of recovery. Internationally income from non-performing 
assets (NPA) is not recognised on accrual basis but is booked as 
income only when it is actually received. Therefore, the banks should 
not charge and take to income account interest on any NPA. This will 
apply to Government guaranteed accounts also. 
 However, interest on advances against Term Deposits, National 
Savings Certificates (NSCs), Indira Vikas Patras (IVPs), Kisan Vikas 
Patras (KVPs) and Life policies may be taken to income account on the 
due date, provided adequate margin is available in the accounts. 
7
Sub-standard assets: 
With effect from March 31, 2005, a substandard 
asset would be one, which has remained NPA for a 
period less than or equal to 12 months. 
Doubtful Assets: 
With effect from March 31, 2005, an asset would be 
classified as doubtful if it has remained in the 
substandard category for a period of 12 months. 
D1-Up to 12 months in doubtful category 
D2-Up to 36 months in doubtful category 
D3-above 36 months in doubtful category 
Loss Assets: 
A loss asset is one where loss has been identified by 
the bank or internal or external auditors or by the RBI 
inspection but the amount has not been written off 
wholly.
Valuation of security & Write Off 
(Provisioning) 
The assets e.g. immovable/ movable property, 
current assets, shares, guarantees etc. mortgaged/ 
charged to the bank against loan facilities availed 
by the borrowers are known as Security for loans. 
The valuation of security is a critical factor for 
taking appropriate decision while recovering 
Bank's dues through various means viz. 
OTS/NS/Assignment of Debts/Transfer of 
accounts to ARC/Portfolio sale to other Banks/ 
FIs/ NBFCs. 
9
Normally, valuation shall comprise book value, 
fair market value, realizable value (as a going 
concern) and distress sale value of the assets. 
Wherever necessary, valuation of business 
enterprise as a going concern may also be carried 
out. 
The valuation of underlying securities 
(movable/immovable assets) in respect of all 
assets shall be carried out before considering 
proposals as stated above. The valuation shall be 
of a recent date, at least not older than one 
year.
For NPAs, valuation of securities shall be carried out 
by the empanelled valuer as per extant guidelines of 
RBI. 
The valuation shall be generally done by 
professionally qualified independent valuers having 
no direct or indirect interest in the Bank. 
In case of valuation of securities which are `Rs50 
crore and above, two independent valuations are to be 
carried out. 
11
Provisioning Norms for Non-Performing Assets and 
Restructured Advances 
Category of Advances Revised rates 
w.e.f. April 
2011 
Sub- standard Advances 
 Secured Exposures 
 Unsecured Exposures 
 Unsecured Exposures in respect of 
Infrastructure loan accounts where certain 
safeguards such as escrow accounts are 
available 
15 
25 
20 
 Doubtful Advances – Unsecured Portion 100 
Doubtful Advances – Secured Portion 
 For Doubtful upto 1 year 
 For Doubtful > 1 year and upto 3 years 
 For Doubtful > 3 years 
25 
40 
100
Provisioning Norms for NPA and Restructured Advances 
(contd…..) 
Category of Advances 
Revised rates 
w.e.f. April 
2011 
Loss Advances 100 
Restructured accounts classified as standard 
2 
advances 
 in the first two years from the date of 
restructuring ; and 
 in cases of moratorium on payment of 
interest/principal after restructuring – period 
covering moratorium and two years thereafter. 
Restructured accounts earlier classified as 
NPA and later upgraded to standard category 
 in the first year from the date of 
Upgradation 
2
Tools available wwiitthh bbaannkkss ttoo mmaannaaggee 
tthheeiirr NNPPAAss 
 OTS/ NS 
 Compromise settlement through Lok Adalats. 
 Restructuring including CDR 
 Filing recovery suit with DRT /High court 
 Sale of assets under SARFAESI Act 
 Sale of NPAs to ARCs 
14
OTS and NS 
OTS means One Time Settlement of dues. Generally bank 
prefers lump sum repayment at the earliest. However, 
repayment period may be extended upto 12 months. 
NS means Negotiated Settlement of dues. The only 
difference between OTS and NS is that in NS, repayment 
period exceed 12 months. 
Normally if the settlement amount is received in shorter 
period say within three months, no interest is charged. 
However, after period of three months and for NS, interest 
is charged on balance amount. 
There is no specific formula or framework to arrive at OTS 
amount. However, OTS/NS has to be done by each bank in 
accordance with recovery loan policy approved by Board of 
Directors of respective bank. 
Skill of negotiation plays vital role in fetching good 
OTS/NS amount.
Compromise settlement through Lok 
Adalats 
Constituted under the Legal Services Authority Act 1987 
Have been set up to help banks to settle disputes involving accounts 
in “Doubtful” and “ Loss “category with an outstanding balance of 
Rs20 lakh 
Help in resolving disputes between the parties by conciliation, 
mediation,compromise or amicable settlement and thereby reduce 
burden on courts 
Conferred adjudicial status and every award of Lok Adalat shall be 
deemed to be decree of a civil court and no appeal can be made to any 
court against the award made by Lok Adalat 
16
Compromise settlement through Lok 
Adalats(concld) 
DRTs/DRATs have been empowered to organise Lok 
Adalats to decide on cases of NPAs of Rs10 lakh and 
above to reduce the stock of NPAs 
Despite being a popular method, banks find difficulty 
in bringing the parties together when the Lok Adalat 
meets 
17
Restructuring including CDR 
The guidelines issued by the Reserve Bank of India on restructuring of 
advances (other than those restructured under a separate set of 
guidelines issued by the Rural Planning and Credit Department 
(RPCD) of the RBI on restructuring of advances on account of natural 
calamities) are divided into the following four categories : 
(i) Guidelines on restructuring of advances extended to industrial 
units. 
(ii) Guidelines on restructuring of advances extended to industrial 
units under the Corporate Debt Restructuring (CDR) Mechanism 
(iii) Guidelines on restructuring of advances extended to Small and 
Medium Enterprises (SME) 
(iv) Guidelines on restructuring of all other advances. 
In these four sets of guidelines on restructuring of advances, the 
differentiations were broadly made based on whether a borrower is 
engaged in an industrial activity or a non-industrial activity. 18
Restructuring under CDR-OBJECTIVES OF CDR 
SYSTEM 
TO ENSURE TIMELY AND TRANSPARENT MECHANISM FOR 
RESTRUCTURING 
TO PRESERVE VIABLE CORPORATES 
TO MINIMISE LOSSES TO CREDITORS AND OTHER STAKE HOLDERS 
TO ENSURE ORDERLY AND COORDINATED RESTRUCTURING 
PROGRAMME 
OUTSIDE THE PURVIEW OF BIFR, DRT AND OTHER LEGAL PROCEEDING 
FOR THE BENEFIT OF ALL CONCERNED
STRUCTURE OF CDR SYSTEM 
3-TIER STRUCTURE: 
• CDR STANDING FORUM AND ITS CORE GROUP 
• CDR EMPOWERED GROUP 
• CDR CELL
CDR(contd) 
ELIGIBILITY CRITERIA 
• ALL REFERENCES TO BE MADE TO CDR CELL 
• CORPORATES HAVING MULTIPLE BANKING 
ACCOUNTS/SYNDICATION/CONSORTIUM ACCOUNTS 
• CORPORATES WITH OUTSTANDING EXPOSURE OF Rs.10 
CRORE(BOTH FUND BASED AND NON-FUND BASED) AND 
ABOVE BY BANKS/FIs 
• CATEGORY 1 CDR SYSTEM: STANDARD, SUB-STANDARD 
CASES 
• CATEGORY 2 CDR SYSTEM: DOUBTFUL CASES 
21
• CONCEPT OF ‘SUPER MAJORITY’ TO 
OPERATE FOR GRANTING APPROVALS TO 
THE RESTRUCTURING PROPOSALS. 
• IF 75% OF THE SECURED LENDERS, BASED 
ON OUTSTANDING EXPOSURE AND 60% BY 
NO., APPROVE THE PROPOSAL, THE SAME 
SHALL BE BINDING ON OTHER SECURED 
LENDERS. 22
LEGAL BASIS PROVIDED BY: 
 DEBTOR-CREDITOR AGREEMENT (DCA) 
 INTER-CREDITOR AGREEMENT (ICA) 
 DCA 
 DEBTORS TO EXECUTE DCA AT TIME OF ORIGINAL 
LOAN DOCUMENTATION (FUTURE CASES) OR AT THE 
TIME OF REFERENCE TO CDR CELL 
 DCA, AMONG OTHER THINGS, WOULD HAVE A 
‘STANDSTILL’ CLAIM FOR 90/180 DAYS 
 ICA 
 ALL PARTICIPANTS TO EXECUTE ICA, WHICH, INTER 
ALIA, HAS PROVISIONS ON ENFORCEMENT AND 
PENAL CLAUSES. 
23
Filing Recovery suits with Debt 
Recovery Tribunals(DRTs) 
Set up under The Recovery of Debts to Banks and FIs 
Act, 1993 
Under the Act, two types of Tribunals set up:DRTs 
and DRATs 
DRTs have been empowered to decide on cases of 
advance of Rs10 lakh and above 
 
24
Filing Recovery suits with Debt 
Recovery Tribunals(DRTs 
DRTs have become more active as they have been 
vested with new powers such as power to attach 
defendant’s property/assets before judgement, penal 
provisions for disobedience of the tribunal’s order and 
appointment of receiver with powers of realisation, 
management,protection and preservation of property 
At present there are 28 DRTs and 9 DRATs 
25
Action under SARFAESI Act 
GOI enacted the Securitisation and Reconstruction of Financial Assets 
and Enforcement of Security Interest Act 2002 for enforcement of 
security interest for realisation of dues of Banks/ FIs without the 
intervention of courts or tribunals 
This Act is a step towards bringing down the level of risk in the 
system and encouraging banks to lend 
The Act deals with the 3 concepts of securitisation, asset 
reconstruction and security enforcement ,which have been 
interwoven to deal effectively with the problem of NPAs 
26
SARFAESI ACT(contd) 
31. Provisions of this Act not to apply in certain cases 
The provisions of this Act shall not apply to-- 
(a) a lien on any goods, money or security given by or under the 
Indian Contract Act, 1872 (9 of 
1872; or the Sale of Goods Act, 1930 (3 of 1930) or any other law for the 
time being in 
force; 
(b) a pledge of movables within the meaning of section 172 of the 
Indian Contract Act, 1872 (9 
of 1872); 
(c) creation of any security in any aircraft as defined in clause (1) of 
section 2 of the Aircraft 
Act, 1934 (24 of 1934); 
(d) creation of security interest in any vessel as defined in clause (55) 
27
Sale of NPAs to ARCs 
ARCs established under SARFAESI Act 2002 
As on date 14 ARCs in India, oldest being Asset Reconstruction Co 
(India) Ltd, Mumbai (ARCIL) and latest being UV Asset 
Reconstruction Company Ltd, New Delhi 
Banks/ FIs sell NPAs to ARCs either through bilateral deals or through 
auction route. 
ARCs are an important constituent of financial system as 
i)they isolate NPAs from the balance sheets of Banks/FIs and thereby 
enable them to focus on their core activities 
ii) Facilitate development of market for distressed assets 
28
Thank you 
Jyoti Sharma 
Ex-DGM, IDBI Bank Ltd and 
ex-VP, India SME Asset Reconstruction Company Ltd 
E-mail: jyotiajay2001@yahoo.co.in 
29

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NPAs and their management in banks in India

  • 1. NPAs and their management in banks 1
  • 2. Index NPAs – An Introduction Significance of NPA reduction Income Recognition & Asset Classification Valuation of security & Write Off (Provisioning) Tools of management of NPAs by Banks 2
  • 3. NPA – An Introduction Definition & Identification of NPA A Non-performing asset (NPA) is defined as a credit facility in respect of which the interest and/or instalment of principal has remained ‘past due’ for a specified period of time. An asset, including a leased asset, becomes a non-performing asset when it ceases to generate income for the bank. With a view to moving towards international best practices and to ensure greater transparency, it was decided to adopt the “90 days’ overdue” norm for identification of NPAs, from the year ending March 31, 2004. 3
  • 4. Definition & Identification of NPA (contd….) Accordingly, with effect from March 31, 2004, a non-performing asset (NPA) shall be a loan or an advance where – i.Interest and/or instalment of principal remain overdue for a period of more than 90 days in respect of a term loan. ii.The account remains “out of Order” for a period of more than 90 days, in respect of an Overdraft/Cash Credit (OD/CC) [Balance above limit, within limit but no credits, outstanding balance more than DP, facility not renewed in time]. iii.The bill remains overdue for a period more than 90 days in the case of bill purchased and discounted from the date the bill become due for payment. iv.Interest and/or instalment of principal remains overdue for two harvest seasons in case of short term loans and one crop season in case of long/medium term agricultural loans including crop loans. v.Any amount to be received remains overdue for a period of more than 90 days in respect of other accounts. 4
  • 5. NNPPAA SSttaattiissttiiccss Gross NPA level in the banking system has gone up:-  March 31, 2010 = Rs.59,434 crore March 31, 2011 = Rs.74,617 crore March 31, 2012 = Rs.1,42,000 crore March 31, 2013 = Rs.1,64,462 crore (about 3.68% of advances). Rating agency ICRA said banks’ NPA ratios may see a sharp rise to 5.5-6.5% in June 30, 2015 from the present 3.3% once the RBI’s revised guidelines on bad asset classification come into force.
  • 6. Significance of NPA reduction Increase in profitability. Consistent income generation. Increase in free reserves. Availability of more funds for operative purposes. Less provisioning requirements. Strengthens bank’s reputation. Enhances customer confidence. Highlights sound credit monitoring system of bank. 6
  • 7. Income Recognition && AAsssseett CCllaassssiiffiiccaattiioonn RBI has issued following guidelines for recognition of income from advances and asset classification thereof The policy of income recognition has to be objective and based on the record of recovery. Internationally income from non-performing assets (NPA) is not recognised on accrual basis but is booked as income only when it is actually received. Therefore, the banks should not charge and take to income account interest on any NPA. This will apply to Government guaranteed accounts also.  However, interest on advances against Term Deposits, National Savings Certificates (NSCs), Indira Vikas Patras (IVPs), Kisan Vikas Patras (KVPs) and Life policies may be taken to income account on the due date, provided adequate margin is available in the accounts. 7
  • 8. Sub-standard assets: With effect from March 31, 2005, a substandard asset would be one, which has remained NPA for a period less than or equal to 12 months. Doubtful Assets: With effect from March 31, 2005, an asset would be classified as doubtful if it has remained in the substandard category for a period of 12 months. D1-Up to 12 months in doubtful category D2-Up to 36 months in doubtful category D3-above 36 months in doubtful category Loss Assets: A loss asset is one where loss has been identified by the bank or internal or external auditors or by the RBI inspection but the amount has not been written off wholly.
  • 9. Valuation of security & Write Off (Provisioning) The assets e.g. immovable/ movable property, current assets, shares, guarantees etc. mortgaged/ charged to the bank against loan facilities availed by the borrowers are known as Security for loans. The valuation of security is a critical factor for taking appropriate decision while recovering Bank's dues through various means viz. OTS/NS/Assignment of Debts/Transfer of accounts to ARC/Portfolio sale to other Banks/ FIs/ NBFCs. 9
  • 10. Normally, valuation shall comprise book value, fair market value, realizable value (as a going concern) and distress sale value of the assets. Wherever necessary, valuation of business enterprise as a going concern may also be carried out. The valuation of underlying securities (movable/immovable assets) in respect of all assets shall be carried out before considering proposals as stated above. The valuation shall be of a recent date, at least not older than one year.
  • 11. For NPAs, valuation of securities shall be carried out by the empanelled valuer as per extant guidelines of RBI. The valuation shall be generally done by professionally qualified independent valuers having no direct or indirect interest in the Bank. In case of valuation of securities which are `Rs50 crore and above, two independent valuations are to be carried out. 11
  • 12. Provisioning Norms for Non-Performing Assets and Restructured Advances Category of Advances Revised rates w.e.f. April 2011 Sub- standard Advances  Secured Exposures  Unsecured Exposures  Unsecured Exposures in respect of Infrastructure loan accounts where certain safeguards such as escrow accounts are available 15 25 20  Doubtful Advances – Unsecured Portion 100 Doubtful Advances – Secured Portion  For Doubtful upto 1 year  For Doubtful > 1 year and upto 3 years  For Doubtful > 3 years 25 40 100
  • 13. Provisioning Norms for NPA and Restructured Advances (contd…..) Category of Advances Revised rates w.e.f. April 2011 Loss Advances 100 Restructured accounts classified as standard 2 advances  in the first two years from the date of restructuring ; and  in cases of moratorium on payment of interest/principal after restructuring – period covering moratorium and two years thereafter. Restructured accounts earlier classified as NPA and later upgraded to standard category  in the first year from the date of Upgradation 2
  • 14. Tools available wwiitthh bbaannkkss ttoo mmaannaaggee tthheeiirr NNPPAAss  OTS/ NS  Compromise settlement through Lok Adalats.  Restructuring including CDR  Filing recovery suit with DRT /High court  Sale of assets under SARFAESI Act  Sale of NPAs to ARCs 14
  • 15. OTS and NS OTS means One Time Settlement of dues. Generally bank prefers lump sum repayment at the earliest. However, repayment period may be extended upto 12 months. NS means Negotiated Settlement of dues. The only difference between OTS and NS is that in NS, repayment period exceed 12 months. Normally if the settlement amount is received in shorter period say within three months, no interest is charged. However, after period of three months and for NS, interest is charged on balance amount. There is no specific formula or framework to arrive at OTS amount. However, OTS/NS has to be done by each bank in accordance with recovery loan policy approved by Board of Directors of respective bank. Skill of negotiation plays vital role in fetching good OTS/NS amount.
  • 16. Compromise settlement through Lok Adalats Constituted under the Legal Services Authority Act 1987 Have been set up to help banks to settle disputes involving accounts in “Doubtful” and “ Loss “category with an outstanding balance of Rs20 lakh Help in resolving disputes between the parties by conciliation, mediation,compromise or amicable settlement and thereby reduce burden on courts Conferred adjudicial status and every award of Lok Adalat shall be deemed to be decree of a civil court and no appeal can be made to any court against the award made by Lok Adalat 16
  • 17. Compromise settlement through Lok Adalats(concld) DRTs/DRATs have been empowered to organise Lok Adalats to decide on cases of NPAs of Rs10 lakh and above to reduce the stock of NPAs Despite being a popular method, banks find difficulty in bringing the parties together when the Lok Adalat meets 17
  • 18. Restructuring including CDR The guidelines issued by the Reserve Bank of India on restructuring of advances (other than those restructured under a separate set of guidelines issued by the Rural Planning and Credit Department (RPCD) of the RBI on restructuring of advances on account of natural calamities) are divided into the following four categories : (i) Guidelines on restructuring of advances extended to industrial units. (ii) Guidelines on restructuring of advances extended to industrial units under the Corporate Debt Restructuring (CDR) Mechanism (iii) Guidelines on restructuring of advances extended to Small and Medium Enterprises (SME) (iv) Guidelines on restructuring of all other advances. In these four sets of guidelines on restructuring of advances, the differentiations were broadly made based on whether a borrower is engaged in an industrial activity or a non-industrial activity. 18
  • 19. Restructuring under CDR-OBJECTIVES OF CDR SYSTEM TO ENSURE TIMELY AND TRANSPARENT MECHANISM FOR RESTRUCTURING TO PRESERVE VIABLE CORPORATES TO MINIMISE LOSSES TO CREDITORS AND OTHER STAKE HOLDERS TO ENSURE ORDERLY AND COORDINATED RESTRUCTURING PROGRAMME OUTSIDE THE PURVIEW OF BIFR, DRT AND OTHER LEGAL PROCEEDING FOR THE BENEFIT OF ALL CONCERNED
  • 20. STRUCTURE OF CDR SYSTEM 3-TIER STRUCTURE: • CDR STANDING FORUM AND ITS CORE GROUP • CDR EMPOWERED GROUP • CDR CELL
  • 21. CDR(contd) ELIGIBILITY CRITERIA • ALL REFERENCES TO BE MADE TO CDR CELL • CORPORATES HAVING MULTIPLE BANKING ACCOUNTS/SYNDICATION/CONSORTIUM ACCOUNTS • CORPORATES WITH OUTSTANDING EXPOSURE OF Rs.10 CRORE(BOTH FUND BASED AND NON-FUND BASED) AND ABOVE BY BANKS/FIs • CATEGORY 1 CDR SYSTEM: STANDARD, SUB-STANDARD CASES • CATEGORY 2 CDR SYSTEM: DOUBTFUL CASES 21
  • 22. • CONCEPT OF ‘SUPER MAJORITY’ TO OPERATE FOR GRANTING APPROVALS TO THE RESTRUCTURING PROPOSALS. • IF 75% OF THE SECURED LENDERS, BASED ON OUTSTANDING EXPOSURE AND 60% BY NO., APPROVE THE PROPOSAL, THE SAME SHALL BE BINDING ON OTHER SECURED LENDERS. 22
  • 23. LEGAL BASIS PROVIDED BY: DEBTOR-CREDITOR AGREEMENT (DCA) INTER-CREDITOR AGREEMENT (ICA) DCA DEBTORS TO EXECUTE DCA AT TIME OF ORIGINAL LOAN DOCUMENTATION (FUTURE CASES) OR AT THE TIME OF REFERENCE TO CDR CELL DCA, AMONG OTHER THINGS, WOULD HAVE A ‘STANDSTILL’ CLAIM FOR 90/180 DAYS ICA ALL PARTICIPANTS TO EXECUTE ICA, WHICH, INTER ALIA, HAS PROVISIONS ON ENFORCEMENT AND PENAL CLAUSES. 23
  • 24. Filing Recovery suits with Debt Recovery Tribunals(DRTs) Set up under The Recovery of Debts to Banks and FIs Act, 1993 Under the Act, two types of Tribunals set up:DRTs and DRATs DRTs have been empowered to decide on cases of advance of Rs10 lakh and above  24
  • 25. Filing Recovery suits with Debt Recovery Tribunals(DRTs DRTs have become more active as they have been vested with new powers such as power to attach defendant’s property/assets before judgement, penal provisions for disobedience of the tribunal’s order and appointment of receiver with powers of realisation, management,protection and preservation of property At present there are 28 DRTs and 9 DRATs 25
  • 26. Action under SARFAESI Act GOI enacted the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 for enforcement of security interest for realisation of dues of Banks/ FIs without the intervention of courts or tribunals This Act is a step towards bringing down the level of risk in the system and encouraging banks to lend The Act deals with the 3 concepts of securitisation, asset reconstruction and security enforcement ,which have been interwoven to deal effectively with the problem of NPAs 26
  • 27. SARFAESI ACT(contd) 31. Provisions of this Act not to apply in certain cases The provisions of this Act shall not apply to-- (a) a lien on any goods, money or security given by or under the Indian Contract Act, 1872 (9 of 1872; or the Sale of Goods Act, 1930 (3 of 1930) or any other law for the time being in force; (b) a pledge of movables within the meaning of section 172 of the Indian Contract Act, 1872 (9 of 1872); (c) creation of any security in any aircraft as defined in clause (1) of section 2 of the Aircraft Act, 1934 (24 of 1934); (d) creation of security interest in any vessel as defined in clause (55) 27
  • 28. Sale of NPAs to ARCs ARCs established under SARFAESI Act 2002 As on date 14 ARCs in India, oldest being Asset Reconstruction Co (India) Ltd, Mumbai (ARCIL) and latest being UV Asset Reconstruction Company Ltd, New Delhi Banks/ FIs sell NPAs to ARCs either through bilateral deals or through auction route. ARCs are an important constituent of financial system as i)they isolate NPAs from the balance sheets of Banks/FIs and thereby enable them to focus on their core activities ii) Facilitate development of market for distressed assets 28
  • 29. Thank you Jyoti Sharma Ex-DGM, IDBI Bank Ltd and ex-VP, India SME Asset Reconstruction Company Ltd E-mail: jyotiajay2001@yahoo.co.in 29