Commercial Banking in India
Commercial Banking in India
Commercial Banking in India
INDIA: A BEGINNER'S
MODULE
DEFINITION OF BANKS
• In India, the definition of the business of banking has been given in the Banking
Regulation Act, (BR Act), 1949. According to Section 5(c) of the BR Act, 'a banking
company is a company which transacts the business of banking in India.' Further,
Section 5(b) of the BR Act defines banking as, 'accepting, for the purpose of lending
or investment, of deposits of money from the public, repayable on demand or
otherwise, and withdrawable, by cheque, draft.' This definition points to the three
primary activities of a commercial bank which distinguish it from the other financial
institutions. These are:
(i) Maintaining deposit accounts including current accounts,
(ii) Issue and pay cheques,
(iii) Collect cheques for the bank's customers.
FUNCTIONS OF COMMERCIAL BANKS
ROLE OF RESERVE BANK OF INDIA VIS-À-VIS
COMMERCIAL BANKS
• The Reserve Bank of India (RBI) is the central bank of the country.12 It
was established on April 1, 1935 under the Reserve Bank of India Act,
1934, which provides the statutory basis for its functioning. When the
RBI was established, it took over the functions of currency issue from
the Government of India and the power of credit control from the then
• (ii) Time deposits are defined as those deposits which are not
payable on demand and on which cheques cannot be drawn. They
have a fixed term to maturity. A certificate of deposit (CD),
THERE ARE SEVERAL DEPOSIT ACCOUNTS
OFFERED BY BANKS IN INDIA
• Current account
• Customer Information
• Interest Payments
• Savings bank accounts
• Term deposits
• Tax deducted at source (TDS)
• In the event of a bank failure, DICGC protects bank deposits that are
payable in India. DICGC is liable to pay if
(a) a bank goes into liquidation
(b) if a bank is amalgamated/ merged with another bank.
TYPES OF DEPOSIT COVERED BY DICGC
• To lend, banks depend largely on deposits from the public. Banks act as
custodian of public deposits. Since the depositors require safety and
security of their deposits, want to withdraw deposits whenever they
need and also adequate return, bank lending must necessarily be
based on principles that reflect these concerns of the depositors. These
principles include: safety, liquidity, profitability, and risk diversion.
LOAN POLICY
• Based on the general principles of lending stated above, the Credit Policy
Committee (CPC) of individual banks prepares the basic credit policy of the Bank,
which has to be approved by the Bank's Board of Directors. The loan policy outlines
lending guidelines and establishes operating procedures in all aspects of credit
management including standards for presentation of credit proposals, financial
covenants, rating standards and benchmarks, delegation of credit approving
powers, prudential limits on large credit exposures, asset concentrations, portfolio
management, loan review mechanism, risk monitoring and evaluation, pricing of
loans, provisioning for bad debts, regulatory/ legal compliance etc. The lending
guidelines reflect the specific bank's lending strategy (both at the macro level and
individual borrower level) and have to be in conformity with RBI guidelines.
SARFAESI ACT, 2002
• Banks utilize the Securitization and Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002 (SARFAESI) as an effective tool for NPA recovery. It is
possible where non-performing assets are backed by securities charged to the Bank by
way of hypothecation or mortgage or assignment. Upon loan default, banks can seize
the securities (except agricultural land) without intervention of the court
• Example: SARFAESI is effective only for secured loans where bank can enforce the
underlying security eg hypothecation , pledge and mortgages. In such cases, court
intervention is not necessary, unless the security is invalid or fraudulent. However, if
the asset in question is an unsecured asset, the bank would have to move the court to
file civil case against the defaulters.
CONT…
The SARFAESI Act, 2002 gives powers of "seize and desist" to banks. Banks can give a notice in
writing to the defaulting borrower requiring it to discharge its liabilities within 60 days. If the
borrower fails to comply with the notice, the Bank may take recourse to one or more of the
following measures:
• • Take possession of the security for the loan
• • Sale or lease or assign the right over the security
• • Manage the same or appoint any person to manage the same
The SARFAESI Act also provides for the establishment of asset reconstruction companies
regulated by RBI to acquire assets from banks and financial institutions. The Act provides for
sale of financial assets by banks and financial institutions to asset reconstruction companies
(ARCs). RBI has issued guidelines to banks on the process to be followed for sales of financial
assets to ARCs
BANK INVESTMENTS
PENALTIES
income category, age group and background. For example, banks may
for trusts.
EXPANDING PRODUCT PORTFOLIO
• Over the years, the RBI has taken a number of initiatives to improve the quality of
customer service. These steps include grievance redress through the Banking
Ombudsman Scheme and setting up a Customer Service Department within RBI. RBI
has set up a full-fledged Customer Service Department with a view to making banks
more customer-friendly and has taken a number of steps to disseminate instructions/
guidelines relating to customer service and grievance redressal by banks by placing
all customer related notifications and press releases on its multi-lingual Internet site.
Customers of commercial banks can also approach the RBI with their grievances. In
February 2006, RBI set up the Banking Codes and Standards Board of India (BCSBI)
as an independent autonomous watchdog to ensure that customers get fair
treatment in their dealings with bank
CUSTOMER CONFIDENTIALITY OBLIGATIONS
• The scope of the secrecy law in India has generally followed the common law principles
based on implied contract. Bankers' obligation to maintain secrecy about customers'
accounts arises out of the contractual relationship between the banker and customer,
and as such no information should be divulged to third parties except under
circumstances which are well defined.
The following exceptions are normally accepted, where:
• disclosure is under compulsion of law
• there is duty to the public to disclose
• interest of bank requires disclosure
• disclosure is made with the express or implied consent of the customer.