Академический Документы
Профессиональный Документы
Культура Документы
INDIAN
TO EVERY
THE BANKER
INDIAN
TO EVERY
THE BANKER
August 2012
State Bank Staff College Golden Dr. Duvvuri Subbarao
Jubilee Celebrations Governor, Reserve Bank of India
Views expressed in the State Bank of India Monthly Review are not necessarily those of the State Bank of India or its Associates.
INDIAN
TO EVERY
THE BANKER
Monthly Review I September 2012
Benefits of inclusion:
For the community as a whole, Inclusion
Uplifts financial conditions and standard of living.
Increases economic activities.
Reduces class conflicts in the society.
Overall, Financial Inclusion and levels of human development move closely
with each other. A comparison of Index of Financial Inclusion (IFI) values
with Human Development Index (HDI) shows that all countries with high
and medium IFI also have high HDI. Higher the exclusion - greater the
income disparities. Since income disparities result in social tensions,
increased financial inclusion is essential for ensuring social stability.
For banks, Inclusion results in
Increased and wider customer base for low cost deposits (due to
higher disposable incomes)
Greater business opportunities in loans and other financial products
(such as insurance, mutual funds, etc.)
A large base of small value customers provides stability to the banks (and
financial system) even during crisis period. The poor customers that we
include today will be a better off, loyal customer of the Bank tomorrow.
How does India fare in the global community in terms of Financial
Inclusion?
India ranks quite low in terms of financial inclusion. Ranking based on 2
dimensions [banking penetration (Ratio of number of accounts to total
population) and availability of banking services (Number of bank outlets
per 1,000 population)] shows India at 50th position amongst 100
countries surveyed. China (rank: 32), South Africa (rank: 43) and Brazil
(rank: 44) rank above us. In BRICS countries, only Russia (rank: 83) is
behind India. (ICRIER Working paper).
Indian approach to Financial Inclusion:
Unlike many other countries which relied on single product (like
remittance led model of Kenya, Loan led model of Chile), Indian
approach has been to provide a bouquet of products.
04
Monthly Review I September 2012
05
State Bank of India
06
Monthly Review I September 2012
SHGs:
The SHG project is a major success in terms of
a. reaching the small value customers
b. Lowered transaction costs; and
c. Improved recovery rates (the NPA levels are very low).
Challenges in this channel are:
a. Delay in opening of accounts/disbursal of loans
b. Non-renewal of loans; and,
c. Multiple memberships and multiple borrowings by members.
One reason for delays in opening of accounts/disbursal of loans is that
the ticket size is small (even when aggregated due to the group
borrowing). This issue can be overcome by migration of the transactions
in SHG accounts to the lower cost BC channel. SHGs will thus get to
transact at the BC counter much closer to their habitations, bank branch
gets decongested and the BC sees increased foot falls and improved
earnings – a truly win-win situation.
ii) Technology: Technology is critical for success of all delivery
platforms (branches or BCs) if the operations have to happen in a cost
effective and user friendly manner. Banks should invest substantially in
development of technology in spite of the fact that reaching the
unbanked/under banked shall be profitable only in the long term.
iii) Products and processes: Banks should develop simple (to
understand and use) products exclusively for use by the under-reached
customers who may not have the ability to use more complex products
that elite customers use. The processes, too, should be revisited to make
them simple. For example, an account opening form in vernacular
language will make it much more user friendly compared to a document
in English.
External challenges:
Infrastructure: The country is not evenly developed and many
locations suffer from lack of network connectivity, power supply,
etc.
Law & Order: Many areas are affected by Left wing extremism.
07
State Bank of India
08
Monthly Review I September 2012
09
State Bank of India
Ram Charan and Larry Bossidy in their book Execution have said that
excellence is about two things: Doing the same things over and over and
following through incessantly. Therefore, it is evident that being
“sustainable” is inherent in being “Excellent” and they complement each
other.
The Indian service industry has evolved from the brick and mortar level
to a very sophisticated service sector, which today uses world class
infrastructure and employs internationally accepted norms and practices
to best meet the customer's needs. This progression and application of
internationally benchmarked norms and practices has, however, resulted
in the dissolution of the fine line of differentiation between competitors
placed in the same market space targeting the same customer and trying
to reach out to them by means of people having similar or near similar
skill sets. So the question then becomes: “How do players gain a
competitive advantage in the market place?” Competing on the pricing
front is not always the best, or even the only answer and it is bound by a
level beyond which it becomes counter-productive, as we have seen in
the case of the Indian aviation industry.
The answer to the above question, therefore, lies in differentiation. One
of the most common ways to distinguish oneself is based on the quality of
service and the value for money one provides to the customer. In the
2
This article was first published in the FIBAC 12 Conference booklet brought out by FICCI
and IBA. The Conference was held in Mumbai from 4-6 September 2012.
10
Monthly Review I September 2012
1990's the Indian banking sector saw the advent of new generation banks
which came with world class technology and who also had no legacy
baggage to carry. Similarly, we saw intense competitive forces being
unleashed in the consumer goods space in India and customers getting,
perhaps for the first time, a taste of high quality goods, complemented
with high class post sales service. The waiting list for various consumer
goods vanished and the customer became the king in the real sense of the
term. Such new products and services whether in the banking or in the
consumer goods market space were of course available at a premium.
Initially, general response from the competitors who were entrenched in
the market was on expected lines – the Indian consumer looks for value
for money and will not pay a premium for a quality product or service,
was the general refrain. But a few years down the line they had to sit up
and take note and brace up for the competition - innovate and improvise,
engage with customer, understand his expectation and try to meet it. The
Ambassador's had to give way to the Maruti's, the Hyundai's, the Merc's,
the BMW's and the Audi's. This shows that selling price marked on a
product solely to make it competitive in the market does not always
work. The Service provider/ seller must go beyond that. Increasing use
of technology has made it possible for the marketer to analyze and
understand customer behavior which ensures that they can offer
products which have been designed after intense customer surveys and
research of end consumers tastes and preferences. This has made product
positioning easier for the producer who can now also design suitable and
focused market campaigns. Marketing does not end with initial sales and
first customer connects. Cross selling and Up selling are the new
buzzwords now in every organization. Bankers who were accustomed to
walk in customers for whom they had nothing but plain vanilla basic
banking products to offer now engage with customers to cross sell their
other products.
However, Cross Sell and Up Sell will remain mere management jargons
unless an organization provides a quality product and service in the first
place and follows it up with consistently excellent post sales service.
Mere extension of quality service also has limitations as it is prone to
lose its sheen with the competition catching on and customers getting
exposed to better service levels. Therefore, the need is to keep the
customer engaged and this can only be achieved by fully engaged
employees who are the tools for delivering excellence in sales and
service in a sustained manner.
11
State Bank of India
It is the engaged workforce that is the key to delivering what the customer
wants on a consistent basis and which keeps the customer engaged. An
engaged employee naturally supplements organizational excellence by
keeping the customer involved with the organization, thus providing a
high performance organization. To achieve sustained excellence through
engaged employees, clarity of goals and objectives of the organization
has to be ingrained in the employees and this can only happen under a
leader who can provide right values and leadership to the employees so
that they know what is expected of them and what they can expect from
the leader. Besides this, employees need to be allowed some space so that
they can apply some discretionary effort to engage with the customer. As
a matter of fact, by tracking the employee's view of product and services
quality and measuring employee commitment and willingness to apply
discretionary efforts, an organization can achieve excellence and sustain
it over a long period.
But how do we get to know if an employee is engaged with Corporate
objectives? It is a normal practice, particularly in the banking industry, to
teach a new or an existing employee about the way of doing a certain
thing. This may be done through on the job or institutional training.
“How do we do it “takes precedence over “Why do we do it or why do we
do it the way we do it”. An engaged employee is one who focuses on the
second question and not the first. HR training principles, being applied
by progressive organizations across the country, have now turned around
the old fashioned concept of simple class room training of lecturer- pupil
structure, into modern HR modules comprising case studies, group
activities and exercises on behavioral science. For any organization to
stay competitive in the market it is imperative that they keep their
employees engaged by inspiring trust and confidence in the future.
Organizations can engage with employees by recognizing and respecting
them and ensuring that they are growing and developing. Employee
engagement, when unleashed in the context of high performance work
value and practices, yields the highest return because such an engaged
employee helps the organization in keeping the customer engaged and
achieving excellence on a sustained basis.
At the State Bank of India, we faced immense challenges when we
embarked on the path to address legacy issues confronting the
organization about a decade ago. These issues touched every aspect of
the way we functioned and encompassed issues like banking systems and
procedures, use of technology, business processes employed by us to do
1
transactions and HR practices. The need of the hour was not only to
12
Monthly Review I September 2012
implement the changes but also to ensure that these changes were
accepted by employees. It was of the utmost importance to ensure that
changes, particularly with regard to IT, should not come as an overnight
shock to employees, which could have led to management disconnect
with the workforce.
The Bank, therefore, had to embark on a massive training and
sensitization program with emphasis on explaining to the employee why
the changes were required and what the Bank was doing to empower
them to face the changes. The rest is all history. Today State Bank of
India runs its entire operations on the best of the centralized technologies
and has transformed the entire system and procedures relating to
processing of customer requirements encompassing the whole set of
assets and liability products by means of Business Process Re-
engineering. Various tools have been launched on the Banks intranet that
helps employees in updating their knowledge and skill levels. Given the
scale of operation and the number of employees that we have, it was no
mean feat. Today bank is drawing dividends out of the transformation
that has been brought about and is in a position to leverage the
technology deployed to meet customers' expectations and requirements.
We are leveraging IT to create value for our customers and evolve a
business model, taking into account the profile of existing and targeted
customers and their needs vis-à-vis the range of products offered.
Product innovations and their timely deployment across various
delivery channels has become our management mantra. Beyond an
engaged employee who in turn will ensure an engaged customer we have
also emphasized on optimum use of technology.
Today the customer is more aware about the environment around him, he
has immense product knowledge, has seen and experienced superior
products and services. Above all he has a whole lot of service providers,
competing with each other, to choose from. Therefore, he wants more
choices in terms of product selection, simplified procedure, promptness
in service, transparency of charges and fees and he wants to be serviced
at a Single Stop Shop. While the implementation of Core Banking has
immensely helped banks to have a complete view of account
relationship, as mentioned by Mr. Anand Sinha, Dy Governor, RBI in
one of his addresses, “changing customer requirements coupled with
increasing use of alternate channel has made the rules, in managing
channels and the process of reaching customers a moving target.” Only
those organizations which are agile enough to innovate quickly would
have the potential of meeting this moving target. The right use of
13
State Bank of India
technology which is conscious of customer needs and does not cram too
many features into products that can potentially disengage customers as
well as employees, has to be ensured because a complex product would
be difficult to understand and use.
Today there is paradigm shift when it comes to engaging with employees
and with the customers. This has happened due to adoption of best
principles and norms and right use of technology. Adoption of the new
practices and the technology has empowered both the management and
the employees to reach out to the customers. The need is now to sustain
this engagement by being continuously innovative with the technology
and strategies when it comes to interacting with customers as well as
employees.
14
Monthly Review I September 2012
evolved in its more mature settings. That said, the patterns seen at the end
of 2011 can show only a work in progress.
4
Background on Kshetriya Gramin Financial Services :-
The KGFS model is promoted by IFMR Trust (http://www.ifmr.co.in)
whose mission is to “ensure that every individual and every enterprise
has complete access to financial services.” IFMR Trust provided the
initial capital of $10 million to launch the first three KGFS institutions5,
targeting a return on its equity of 20 percent annually. Each KGFS
institution leverages additional financing from capital markets as well as
loans from domestic commercial banks. No grant funds have gone into
any KGFS. As new investors show interest, additional KGFS institutions
will be opened in different parts of India.
In addition to the initial capital for the original KGFS institutions, IFMR
Trust invested $4 million in IFMR Rural Finance. This company owns
and licenses the KGFS brand, incubates new KGFS institutions,
develops new products, and ensures a consistent approach across all
KGFS operations. This licensor–licensee model aims to preserve the
core approach of KGFS while tapping into wider pools of capital to
accelerate replication. IFMR Rural Finance receives a license fee linked
to KGFS revenues. One KGFS institution in Tamil Nadu is a nonbank
finance company (NBFC) licensed and supervised by India's central
bank; it is not permitted to take deposits. NBFCs can make loans and can
serve as agents for pension funds, insurance companies, and securities
brokerages. However, NBFCs are barred by regulation from serving as
agents of commercial banks for savings account operations.
The four other KGFS institutions are using different legal structures that
facilitate client access to a full range of financial products, including
savings accounts, while permitting appropriate risk-sharing with partner
financial institutions. KGFS management believes that the ideal
eventual structure is for each KGFS to be registered as an NBFC. The
legal structures will, however, have to evolve given the changing
regulatory landscape for NBFCs and use of bank agents in India.
Although all KGFS institutions have a common parent company that
provides equity capital to each KGFS, each KGFS institution is designed
to be an autonomous, self-contained regional operation with its own
4
4The literal translation is Regional Rural Financial Services.
55
IFMR Trust was provided seed funding by ICICI Bank in 2008 to incubate new
business models in financial inclusion.
17
State Bank of India
19
State Bank of India
20
Monthly Review I September 2012
21
State Bank of India
6
The principal investigators for this evaluation are Rohini Pande (Harvard
University) & Erica Field (Duke University)
22
Monthly Review I September 2012
23
State Bank of India
Risk in
Banking
Manageable risk Better adherence to
(Management regulatory practices
Perspective)
24
Monthly Review I September 2012
25
State Bank of India
mitigate these risks efficiently and, thus, have to set aside less capital in
order to comply with Basel norms.
d. Indian banks' risk perception with regard to fluctuating commodity
prices can be reduced if they are allowed to hedge their exposure to
commodities. Low risk perception can translate into low risk premium in
the cost of capital, resulting in lower interest rates for borrowers.
Moreover, with increasing warehouse receipt financing in the wake of
implementation of the Warehouse Development and Regulation Act
(WDRA), banks can provide loans to farmers with competitive haircut
margins enabled by their commodity price risk management, when
allowed. With lower risks, banks can enhance their funding of margins or
trading capital requirements. All these factors would also contribute to
enabling banks meet their mandatory priority sector lending targets.
Risk Management on behalf of clients
Besides proprietary hedging, banks can also participate on behalf of their
clients to manage the latter's risks, following which collateral-based
loans will become less risky owing to the clients' hedged position. There
is ample evidence supporting the view that enabling farmers to better
manage risk exposure, increases their incomes. This can happen through
aggregation of small participation, whereby banks act as the aggregator
which can enable even the small farmers to reap the benefits of hedging
through exchange traded commodity derivatives market.)
26
Monthly Review I September 2012
27
State Bank of India
banking industry on the whole has kept no less than 29 percent in this
class of instrument– indicating the lack of safe and liquid investment
option at their disposal. Evidently, the nature of banking business
–balancing social obligations with profitability in an increasingly
competitive environment – would make investment options with low
risk and sound returns an attractive proposition. Besides, the sheer size
of investible corpus available with banks not only gives enough room
for, but also necessitates diversification of the banks' investment
portfolios.
Commodities as an asset class fulfill all the above criteria. Here's how:
a. Low risk in comparison to equity market
Commodities as an asset class possesses one of the least risks vis-à-vis
others. Price risk measures by annualized volatility in equity markets
(NIFTY) has been significantly higher at 26.7 percent than the same for
MCX COMDEX (a composite commodity index based on commodity
futures prices on MCX platform) at 17.3 percent for the period between
June 2005 (i.e. inception of MCX COMDEX) and December 2011.
Moreover, annualized price volatility (for aforementioned period) in
MCX futures on gold (one of the most traditionally favored investment
asset class) also stood at just 17.3 percent, much less than that of NSE-
NIFTY. Thus commodity futures and within it, MCX gold futures, on
back of their low risk proposition, clearly present a good case for their
inclusion in banks' investment portfolio.
b. Higher returns than other asset classes
Risks may be low for commodities, but what of returns? The returns
from investment in the commodity derivatives market are better than
those in other comparable asset classes. Between 2005 and 2011
(aforementioned period), the compounded annual growth rate (CAGR)
of benchmark equity index, NIFTY was 11.2 percent, that of the safest
10-year government security paper was 3.0 percent, while at 13.9
percent, the CAGR for the MCX Comdex was higher than both these
asset classes . Taking individual commodities, CAGR for gold futures
was significantly high at 26.1 percent while that for a base metal - copper
– CAGR was an impressive 14.8 percent. Thus, even on the returns'
front, exposure to commodities augurs well for their inclusion in banks'
investment portfolio.
28
Monthly Review I September 2012
Table 3 clearly shows that even after considering long term cyclical
behavior, the average annualized return in commodity futures has been
comparable to the return on the investment in equities over 45 long years.
a. 'Risk adjusted return' favors commodities
With returns from commodities faring better than the returns from other
asset classes and at the same time with commodities carrying lesser risks
than equities, the crucial risk-adjusted-return (RAR) factor strongly
favours investment in commodities. A quick analysis shows that between
2005 and 2011, while the RAR of benchmark equity index, Nifty and
safest 10-year government security paper was 42.0 percent and 21.9
percent respectively, the RAR for the MCX Comdex stood at 80.7
percent. During the same period, RAR for individual commodities
namely gold (MCX futures) was as high as 150.8 percent, along with
copper from base metal segment registering an impressive 51.3 percent.
Thus, for similar risks, the commodity derivatives market has clearly
been giving higher returns than other asset classes – something that
banks should take a note of.
b. Useful as a portfolio diversifier
Inclusion of commodities offers great portfolio diversification benefits
too, as prices of commodities such as bullion have a tendency to be
impacted differently from that of asset classes such as equities. The
comparison below in the context of Indian markets, clearly demonstrates
the role of gold as portfolio diversifier owing to its weak and negative
correlation with other asset classes. A point in case is Reserve Bank of
India's buying of 200 tonnes of gold from IMF in October 2009, which is
largely seen as its attempt to diversify its foreign exchange reserve.
29
State Bank of India
30
Monthly Review I September 2012
31
State Bank of India
32
Monthly Review I September 2012
34
Monthly Review I September 2012
35
State Bank of India
36
Monthly Review I September 2012
Let us now discuss a few Financial Inclusion Models which are capable
of generating profits.
A. Self Help Group (SHG) Linkage Model:
Despite progress in banking networks and financial outreaches across
the country, of late, it is noticed that there is relative decline in supply of
credit in rural areas and this, in turn, has posed a serious challenge before
the Indian formal financial system to achieve the financial inclusion in
true spirit. SHG bank linkage model launched by NABARD in 1992 can
very well be considered for this purpose. It facilitates extending all the
required financial services to unbanked areas. This model is widely
accepted as the most successful micro finance model. On the issue of
SHGs' role in inclusion, it is felt that SHGs are far better equipped to
achieve the objectives of inclusion and as such, they should be suitably
supported.
This underscores the role of SHGs and their members in the inclusion
dynamics and their number is too large to be ignored. RBI has thus
permitted all Banks to appoint authorized functionaries of well-run
SHGs which are linked to Banks as BCs. Banks have to seize this
opportunity to increase their outreach for financial inclusion through the
channels of SHGs. This would also help Banks to address the issue of
viability of BCs as the volumes that could be reached, would be much
higher. It is pertinent to mention that NABARD has also extended
financial support to RRBs for capacity building and training of the
authorized functionaries of SHGs to be appointed as BC/BF for financial
inclusion.
B. Business Correspondent (BC) Model – To Be Re-visited:
The predominant model adopted by the banks so far has been the
branchless model through Business Correspondents. Most of the banks
that have employed BCs have appointed Section 25 Companies /
Societies as BCs. Further, almost all the Section 25 Companies
appointed as BCs have been floated by Technology Service Providers
who have provided the Smart Card or Biometric solutions for the
account opening. Many of the BCs have reported huge losses and have
closed down operations. The model can be successful only if sufficient
businesses are generated. As almost all BC transactions are cash based,
they suffer from increased cost and operational risk besides logistics of
handling large volumes of cash. Illiterate clients perceive BCs as Banks
and their agents went about claiming to be Bank employees.
37
State Bank of India
38
Monthly Review I September 2012
39
State Bank of India
40
Monthly Review I September 2012
8
2nd prize winning essay in SBI Essay Competition – 2012 under Award Staff
Category. 41
State Bank of India
Empowering Employees:
Many organizations have achieved substantial value creation due to their
employees sharing wonderful ideas. Toyota is a great example. Toyota's
suggestion scheme, operational for decades now, nets almost 20,00,000
suggestions a year, that is, about 33 suggestions per employee every year.
Important fact to remember is that, 95 per cent of the suggestions are
implemented. Another case in point is that of Jet Airways whose cost has
been cut by 30percent by accepting the ideas of their employees. Satyam,
started its companywide suggestion scheme, the idea junction, in Jun
2001. To ensure that the ideas, suggestions and complaints submitted to
each circle are acknowledged, evaluated and taken to a logical
conclusion, a responsible person is identified in each circle.
The suggestion schemes are increasingly used by progressive
management. Our own State Bank of India has Staff suggestion
scheme that invites the suggestions from its staff and they are rewarded
suitably at Corporate as well as Circle level. The suggestions flow from
various levels, though mainly from award staff. The ideas range from
changes in inspection procedure to design changes, process
simplification, inventory management and the like. SBI receives a few
hundred suggestions every year. On receiving the suggestions from staff,
it deputes a technical officer at LHO level to discuss the suggestions, its
feasibility and ways for implementation. On satisfying at LHO level, the
suggestions are forwarded to corporate level and judged by a group of top
officials. If the suggestions are valued, they are implemented and the
employee is suitably rewarded for his innovative thought. The benefit to
the company could range from marginal to substantial. The rewards to
the employees are commensurate with the benefits derived from the
suggestions. By doing so, the organization makes the employee
empowered to treat his job more than a routine one.
Scope and Ways of Empowerment:
Empowering refers to passing on authority and responsibility.
Empowerment occurs when power goes to employees who in turn
experience a sense of ownership and control over their jobs. Empowered
employees feel a sense of belonging. Given a say on how things are done,
employees feel more responsible. When they feel responsible, they show
more initiative in their work by doing more work and enjoy the work
done. Empowerment is facilitated by a combination of factors,
including, values, leadership initialization, job structure and reward
systems. Empowered teams are also being called self- directed teams.
42
Monthly Review I September 2012
43
State Bank of India
44
Monthly Review I September 2012
The state shall take steps, by suitable legislation or any other way to
secure the participation of workers in the management of undertaking,
establishments or other organizations engaged in any industry.
The following tips may be useful in empowering employees:
1. Delegate responsibility along with its authority
2. Replace the role of managerial 'parent' role with that of 'partner' role
3. Have tolerance for mistakes committed by subordinates.
Demonstrate this tolerance through deeds and words.
4. Share information with subordinates. Empowered employees need
sufficient information to get full perspective.
5. Allow teams to form. Teams are the best vehicles to empowerment.
6. Performance feedback is always important: it is particularly
important for newly empowered employees. Feedback enhances
learning and can provide needed assurance that the job is being
mastered.
The empowered staffs are able to share various management and
leadership functions. They plan, control and improve their own work
processes. They set their own goals and inspect their own wok. They
often create their own schedules and review their performance as a
group. They may prepare their own budgets and co-ordinate their
performance as a group. The empowerment of employees allows them
more control and responsibility over their work. One's role as manager
shifts from control to facilitation and coordination of work processes.
There is less focus on decision making and more focus on good
communications, education and training, and leadership. One of the
primary roles becomes to help team members develop the confidence
and skills to make good decisions and to maximize their full potential.
Job rotation on half yearly/ yearly basis, as we do in our bank, provides
job enrichment to the employees. It means that additional motivators are
added to the job so that they are rewarding. The purpose of job
enlargement and job enrichment is to relieve the boredom of the worker
which flows from excessive specialization so that the job itself becomes
a source of self-satisfaction. The job enlargement and job enrichment do
provide for staff's participation because they offer freedom and scope to
them to employ their judgment.
45
State Bank of India
46
Monthly Review I September 2012
47
State Bank of India
Legal Decisions
on Banking
Shri M. Manoharan
Manager (Law), Law Department
State Bank of India, Local Head Office,
Chennai
ISSUE:
Whether Sec.14 of the SARFAESI Act is valid while the Chief
Metropolitan Magistrate or the District Magistrate exercising the
power by way of measure to assist the Bank or financial institutions
to secure the secured assets.
FACTS :
The petitioner in the above Writ Petitions (W.P.No.950/2012 and
30220/2011) has availed from the respondent No.2/Bank on 31/01/2005,
a housing loan to the extent of Rs.8,82,000/- and on 23rd July 2008, a
Cash Credit Loan to the extent of Rs.20,00,000/-, in respect of which the
outstanding as on 01/03/2011 under the Cash Credit Loan facility was
Rs.21,58,531.40 and the housing loan outstanding was as on 19/03/2012
was arrived at Rs.7,28,644.42. As regards the recovery of the said
48
Monthly Review I September 2012
amount, the respondent No.2/Bank has issued a demand notice u/s 13(2)
under SARFAESI Act on 02/09/2009 and since the amount has not been
paid, possession notice was issued u/s 13(4) under the Act on 05/04/2011
for the claim of Rs.28,97,725.91. Thereafter the Respondent No.2/Bank
has approached the learned Chief Judicial Magistrate, Salem by filing
Crl M.P. No.946/2011 u/s 14 of the Act in which the Chief Judicial
Magistrate has passed the following order:
“All the legal formalities have already been complied with scrupulously
and accordingly this court is inclined to confer the relief sought for by
the petitioner under SARFAESI Act, 2002. Thus, the Inspector of Police,
Sooramangalam, P.S. is required to render all the necessary assistance
to the secured creditor (Bank) in taking over the possession of the
secured assets described in the description of the property. “
The petitioners have challenged the validity and correctness of the order
passed by the Chief Judicial Magistrate u/s 14 of the SARFAESI Act.
The petitioner in the W.P.No.950/2012 has chosen to challenge the
Section 14 of the Act having known that the validity of SARFAESI Act,
has been upheld by the Supreme Court, contending inter-alia that
Section 14 of the act confers an unfettered power without proper
guidance to the Chief Judicial Magistrate, that while passing order of
assistance under Section 14, there is no necessity for him to hear the
affected party who is in actual possession property sought to be taken
physical possession. The Section 14 of the Act has to be read down in the
interest of justice: that the said section is arbitrary and in violation of
fundamental rights guaranteed under Article 14, 19 (1)(e), 19(1)(g) and
21 of Constitution of India and therefore is liable to be struck down.
The petitioner counsel has also contended that due to various conflicting
views expressed by the various High Courts in respect of Section 14 and
in order to save the bonafide occupants from arbitrary eviction by
obtaining the order of assistance by the secured creditor by approaching
the Chief Judicial Magistrate, under Section 14 of the Act, validity of
said position needs a re-look. The High Court heard the respective
counsel and given our anxious thought and issues involved in the above
Writ Petition challenging the vires of the Section 14 of the SARFAESI
Act.
The Hon'ble High Court of Madras held that it is relevant to refer to
another later judgment of the Supreme Court of India in United Bank of
India Vs. SatyawatiTandon (2010) 8 S.C.C. 110, wherein the Supreme
Court has held that it is not only against the possession notice u/s 13(4),
31
49
State Bank of India
but also the order passed u/s 14 of the Act, an application can be filed u/s
17(i) of the Act. Strongly denouncing the conduct of the High Court in
interfering Article 226 of Constitution of India with an order passed u/s
13(4) and 14 of the Act. Therefore it is clear that even against an order of
possession taken through the administrative fiat from Chief
Metropolitan Magistrate or District Magistrate an application u/s 17 of
the Act can be filed by any person affected which includes a tenant in
lawful occupation, to the Debt Recovery Tribunal. While holding that
the secured creditor to enforce his right u/s 13(4) of the Act, in particular,
Section 13(4A) of the Act, may take recourse to Section 14 of the Act, it
was held in the latest judgment in Court in KanaiyalalLalchandSachdev
v. State of Maharashtra (2011) 2 S.C.C. 782 that it is after resorting to
Section13 (4), the assistance under Section 14 arises and against any
measure taken u/s 14 of the Act, any person can approach the Debt
Recovery Tribunal u/s 17 of the Act.
In its conclusion, the High Court held as follows: In view of the
judgments of Supreme Court commencing from Mardia Chemicals Ltd
vs. Union of India, 2004 (2) CTC 759 (SC) Supra, wherein SCI has
analyzed threadbare the various provisions of SARFAESI Act, we are
unable to accept the contention of counsel appearing for the petitioner in
W.P. of 950/2012 for declaration that Section 14 of SARFAESI is null
and void except issuing certain guidelines as stated above. Accordingly
W.P. 950/2012 stands dismissed and Section 14 is held valid. In the
result, all the Writ Petition is dismissed with above observations.
DECISION
The powers of the Chief Metropolitan Magistrate of District Magistrate
under Section-14 of the SARFAESI Act are constitutionally held valid,
while exercising the power by way of measure to assist the Bank or
financial institutions to secure the secured assets.
50
Notes
Notes
Monthly Review December 2011
SBI Monthly Review is brought out by the State Bank of India, Economic
Research Department, Corporate Centre, State Bank Bhavan, Madam Cama
Road, Mumbai - 400 021
Disclaimer: The SBI Monthly Review is not a priced publication. Data and
information is based on press and other reports and no responsibility is accepted for
the accuracy of facts and figures contained therein. The opinions expressed do not
necessarily reflect those of the Bank or its subsidiaries. This document and its
contents are proprietary information of State Bank of India and may not be
reproduced or otherwise disseminated in whole or in part without obtaining written
permission from the Economic Research Department.
Articles are invited from both staff members and others for publication in the SBI
Monthly Review. The size of the article should be about 2,500 to 3,000 words and
should be sent in soft version and also a hard copy. The article can be on a topic
concerning the economy, agriculture, industry, banking, finance, the monetary or
external sector, international economic developments, management, including
human resources management, or any topic of particular relevance and interest to
bankers.
To encourage quality writing honorarium has been increased from 1st April 2011.
Selected original article for the Monthly Review will be paid an honorarium of
3,000 to non-staff writer and 2,500 to one from among the staff. A lump sum
payment of 1,500/- is made for an article based on a paper presented at a
seminar/conference or published elsewhere, earlier.
Ordinarily, no correspondence is entertained in respect of articles sent for
publication.
Please send your contributions to the resource.centre@sbi.co.in
It has been decided by the Bank to make all payments by direct credit to the account
through electronic payment systems instead of issuing Banker's Cheques.
Therefore, authors are requested to furnish the following particulars/information
along with their papers for effecting electronic payment of honorarium:
(a) Account Number (Author's)
(b) Bank's Name
(c) IFSC Code
(d) Provident Fund Account Number in case of Staff
(e) Address with telephone or mobile number
02
Registered with the Registrar of
Newspaper for India under
No. 11490/62
Prepared in
Economic Research Department, State Bank of India