Professional Documents
Culture Documents
ADV-160/2012-13
SUB :
NPA-13
DT.
CORPORATE OFFICE
RECOVERY DEPARTMENT
FILE
30-03-2013
M- 2
S- 208
prospects of recovery through OTS should be explored and OTS proposals are
studied/expedited/sanctioned and recovered within a set timeline. SARFAESI / DRT
proceedings should be hastened and the amounts blocked in NPAs are unearthed and
put into productive purpose. The OTS Policy is now made available right from the
beginning of the new financial year so as to ensure its effective implementation and
the resultant recovery throughout the year.
Several communications have already been issued by the Corporate Office sensitizing
the field level functionaries to be pro-active in preventing slippage of assets and
ensuring better asset quality. Guidelines given under Recovery Policy provide useful
weapon to the Branches to address their stressed assets and improve their recovery
performance. Among the various strategies to arrive at better solution, the art of
negotiation with the borrowers assumes greater significance. The parameters / norms
indicated in the policy are the minimum consideration. Endeavor should be to optimize
/ maximize the recovery using the negotiations skills. Recovery Policy is a helpful tool
to arrive at an improved/ negotiated settlement and thereby to scale up recovery.
Guided by the new recovery policy parameters, Branches/Zonal Offices are urged
upon to take all out measures, including the following, to improve recovery and contain
the NPAs:
Inculcate the spirit / habit of repayment on the borrowers right from day one
of disbursal of any advance at your Branch/Zone.
Identify accounts recoverable before Q1, Q2, Q3 and Q4 (31 03 2014) and
focus greater attention on these identified accounts.
Settle NPAs through OTS/Recovery Policy and Recover the OTS amount
within a definite timeline
Enforce Decree and Recovery Certificate (RCs) without any time lag.
For all NPA Accounts, Update (in CBS) Security Value with Realizable
Value of securities, ie Forced Sale Value OR Distressed Sale Value, instead
of Market Value.
Apportion Security value among all credit facilities of the same borrower;
instead of providing the entire value of the security in one facility and
keeping the other facilities as unsecured with Zero value security.
(K MALATHY)
GENERAL MANAGER (R&L)
Encl: Annexure I Highlights of the Recovery Policy 2013-14
Annexure II Recovery Policy Document
The new Policy 2013-14 has entirely two different yardsticks for computing MRA
as follows:
1. All borrowal accounts (including MSEs) where Book Balance is not more
than Rs.10.00 lakhs and with total dues (including actual MOI/MLE/MOX)
not exceeding Rs.40.00 lakhs. This will be known as OTS Policy for
Book Balance Upto Rs.10.00 lakhs
2. All Other Category of advances including MSE accounts. This will be
ii.
iii. Where the present outstanding Book Balance per borrower {total of
book balances in all accounts (excluding Tractor / Combined Harvester
/ Farm Mechanisation Loans) in the name of the same borrower} is not
more than Rs.10.00 lakhs and
Total Dues including MOI/MLE/MOX in all these accounts does not
exceed Rs.40.00 lakhs as at end of the quarter in which OTS proposal
is taken up / submitted for sanction.
iv. NPAs of Farm Mechanisation Loans namely Tractor Loans, Combined
Harvester Loans etc. in the name of a borrower to be considered
independently, besides other eligible loans as at (iii) above. However,
total book balances in all such Farm Mechanisation Loans should not
exceed Rs.10.00 lakhs per borrower and total dues including
MOI/MLE/MOX should not exceed Rs.40.00 lakhs.
M.R.A. (In respect of NPAs with Book Balance Upto Rs.10 lakhs with
Total Dues upto Rs.40 lakhs)
Asset Class
Sr.
MRA in case of
SubNo.
Doubtful
Loss
Standard
(A) In respect of all eligible
NPA accounts
mentioned above where
total of Book Balances is 80% of Book 60% of Book 50% of Book
upto Rs.2.00 lakhs.
Balance
Balance
Balance
(B)
SubStandard
Doubtful
B1
100% of
75% of Book
Book Balance Balance
B2
SubStandard
Book Balance
+ Interest at
Base Rate
(Simple) (as
on 01 04 13)
from Cut-Off
date.
100% Book
Balance
a)
b)
c)
Doubtful
Loss
60% of Book
Balance
Loss
90% of Book
Balance
100% of
75% of Book
Book Balance Balance
80% of Book
Balance
60% Book
Balance
Note: If different accounts of the same borrower are falling under different
category as above, the MRA for each account should be calculated separately
based on the settlement formula indicated for each category as above and total
MRA for the borrower as a whole should be arrived at.
Compromise Settlement should be for the borrower as a whole i.e. it is not
envisaged that compromise could be considered for only in respect of some of the
accounts of the same borrower and allow other accounts to continue.
MRA is Minimum:
The guidelines under the OTS Policy for Book Balance Upto Rs.10.00 lakhs are
designed to help faster recovery of NPA dues. In respect of agricultural advances
and advances where agricultural lands have been taken as security, the
enforcement of security is to be through DRT / Courts only. Therefore, in deciding
upon the OTS amount in such cases (Agri&MSE upto Rs 10 lakhs), stipulating
OTS amount to be not less than NPV of securities has not been made as
condition.
However, as the above MRA amount indicated is the minimum, keeping the
Banks interest as paramount, Branch/ Zonal Office should strive to recover
maximum possible amount from the parties, depending on the merits of the
individual accounts and availability / enforceability of securities / net worth of the
borrower / guarantor/s. Branch / ZO should endeavour to conclude OTS
amount which is not less than the NPV of securities also.
In respect of the small value Agriculture & MSE loans upto book balance of Rs 10
lakhs, the NPV of securities is not reckoned and MRA only is insisted upon.
However, Branch/ZO are advised to keep in view the realizable value of available
security, if any, while negotiating for OTS to get maximum possible amount over
and above MRA.
Sanctioning Authority:
For exercising discretionary power for sanctioning / approving the OTS under this
Policy, the amount of Write-Off permitted alone is to be taken into account. (As a
cap has already been fixed for eligibility criteria, viz. Total dues not exceeding
Rs.40.00 lakhs, the sacrifice by way of Waiver is not stipulated for discretionary
powers. However, while communicating OTS sanction to the parties, branches
should ensure that total amount of sacrifice viz. actual Waiver of MOI/MLE/MOX
as per CBS / Books alone are informed to the parties besides Write-Off, if any,
allowed.)
Sanctioning
Authority
ZLCC (GM/ZM)
ZLCC(DGM/ZM)
ZLCC(AGM/ZM)
Scale VI BMs
Scale V BMs
Scale IV BMs
Scale III BMs
Scale II BMs
Scale I BMs
(Rs. in lakhs)
Maximum Sacrifice by
way of Write-Off
permissible per OTS
case
6.25
6.25
6.25
5.00
4.00
2.00
1.50
1.00
0.50
(B)
(I)
ii.
Notional Dues
&
Future
D = (A + B + C)
A.1
A.2
%age of Interest
Component to be
deducted from
Notional Dues for
arriving MRA
Fully Partly
Unse
Secure Secur
cured
d
ed
20%
30%
50%
40%
50%
100%
B.1
20%
30%
50%
B.2
40%
50%
60%
15%
30%
20%
40%
30%
50%
C.1
C.2
Note: Percentage indicated above are only for calculating reduction in the
amount of Compound Interest calculated for Notional Dues. That portion
of interest amount should be deducted from the Notional Dues to arrive at
MRA.
Minimum Recoverable Amount (MRA) will be:
1
Notional Dues
Less: Interest Concession Allowed as % age of B i.e.
5.
(x% x B)
6.
MRA
D = (A + B + C)
E
D minus E
(Rs. in lakhs)
Sanctioning Authority
Committees:
Management
Committee
Credit Approval
Committee
COLCC (ED)
COLCC(GM) at
Corporate Office
ZLCC (GM/ZM)
ZLCC (DGM/ZM)
ZLCC (AGM/ZM)
ZLCC at ARM Zone
Branch Managers:
Scale VI BMs
Scale V BMs
Scale IV BMs
Scale III BMs
Scale II BMs
Scale I BMs
Existing
Discretionary
powers
upto 31 03 2013
Of which
Sacrifice
write off
Revised Powers
w.e.f. 01.04.2013
Sacrifice
Of which
write off
Full
Power
200.00
Full
Power
200.00
Full
Power
200.00
Full
Power
200.00
100.00
50.00
100.00
25.00
125.00
75.00
125.00
35.00
50.00
30.00
10.00
--
25.00
15.00
4.00
--
70.00
40.00
30.00
30.00
25.00
15.00
15.00
15.00
30.00
10.00
5.00
4.00
3.00
2.00
10.00
4.00
2.00
----
30.00
10.00
5.00
4.00
3.00
2.00
10.00
4.00
2.00
----
The above highlights of the Policy norms are in respect of computation of MRA
only. For all guidelines and norms, including MRA computation and discretionary
power for sanction, please be guided by the Policy Document only.
_______
Subject
Page
No.
Chapter 1 - INTRODUCTION
1.1
1.2
1.3
1.4
1.5
Introduction
Income Recognition, Asset Classification & Provisioning
Prevention of occurrence of NPAs
Objectives of Loan Recovery Policy
Recovery Strategies
1
1
2
2
3
5
5
Valuation of Assets
Valuation Report less than one year old
Valuation in respect of properties valued upto Rs.5.00 lacs
Valuation in respect of properties valued more than Rs.50.00 lacs
Net Present Value (NPV) RBIs directives
Realisable Value of securities for the purpose of OTS
Calculation of Net Present Value of Securities Factor Chart
Visit by Team of Officials
8
8
8
8
9
9
10
11
MRA Description
MRA As per previous Recovery Policy 2012-13
MRA Changes proposed
13
13
13
5.1
5.2
5.3
5.4
5.5
5.6
5.7.1
5.7.2
5.7.8
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16.1
15
15
16
16
16
16
17
18
18
18
19
19
19
20
20
20
20
20
5.16.2
5.16.3
5.16.4
5.17
5.18
5.19
5.20
20
21
21
21
21
21
21
Eligibility
Accounts to be considered only at Corporate Office
OTS in Fresh NPAs of the Current Year viz. 2013-14
Minimum Recoverable Amount Changes Made
Calculation of Interest Component Amount
Calculation of Notional Dues
Classification of Dues as Secured / Partly Secured / Unsecured
Where Security Value to be taken as NIL
Where obtaining of fresh valuation not necessary
Minimum Recoverable Amount
Concession on Interest Component
Computation of Minimum Recoverable Amount
MRA is only Minimum Indicative Amount
Relaxations Permitted
Final Compromise Amount should be
Discretionary Powers for Sanction of OTS under General Policy
Restrictions on Exercise of Delegated Powers
Deviation from Norms Who can authorize
Waiver of Penal Interest Only
Recovery of Home Loans
Fresh NPAs of 2013-14 Authorisation to Zonal Managers
22
22
22
22
23
23
24
24
24
25
25
26
26
26
27
27
28
28
28
29
30
31
32
33
33
34
35
35
35
35
36
38
38
38
38
39
39
39
39
7.18
7.20
7.21
7.22
40
40
42
42
9.1
9.2
9.3
9.3.3
9.4.1
9.4.2
9.5
9.6
9.7
9.8
9.9
43
43
44
44
45
47
48
48
49
49
50
50
51
52
52
Chapter 10 Miscellaneous
10.1
10.2.1
10.2.2
10.2.3
10.2.4
10.3
10.4
10.5
10.6
10.7
10.8
10.9
10.10
10.11
10.12
10.13
10.14
10.15
10.16
10.17
Reporting System
Proposal Formats
Time Frame in submission of proposals
Certificate for Compliance of RBI guidelines
Certificate of Closure of Account
Definition of Terms Used in the Policy
Staff Lapses
Extension of Further Loans in Compromise Settled Accounts
Provisioning in respect NPA accounts
Extension of Policy Guidelines on Creation of Utilisation of Floating
Provisions
Extension of Policy Guidelines on Collection of Dues and
Repossession of Securities
Extension of Policy Guidelines for Sale of NPAs
Policy on Restructuring of Accounts & Rehabilitation of Sick Units
Applicability of All Guidelines of RBI
Authority to Approve Interpretation
Indian Bank Model Code for Collection of Dues and Repossession
of Securities (CDRS Code)
Appointment of Recovery Agents in SARFAESI proceedings and
other Recovery Process
Appointment of ARCs as Recovery Agents for Recovery of Loss
Agents
SARFAESI Action to expedite Recovery
Amendments to SARFAESI Act
53
53
53
53
53
54
55
55
56
56
56
57
57
57
57
58
60
61
61
61
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
Introduction
1.1
INTRODUCTION:
Non Performing Assets, Stressed Assets, Bad Loans one may call
them by any name they are simply a drag on the concerned Banks
profitability. They impact the profit in two ways. First, the Bank is not able
to recognize interest income in respect of these assets. In addition, the
Bank is required to make prescribed provisioning amount ranging from 25%
to 100% of such NPAs from out of interest-income hard-earned by it from
other good performing assets.
Besides impacting the profitability, large NPA position of the B ank affects its
balance sheet and present uncomfortable indices.
Thus, occurrence of these assets is to be avoided at any cost in the first
place by effective monitoring of performing assets. But, once they have
occurred and the accounts slipped into NPA, concerted efforts need to be
taken expeditiously for resolving the NPAs through all the channels for
recovery.
Negotiated Settlement or Compromise Settlement or One Time Settlement
has been found to be one of the quickest and easiest routes to resolve and
recover our dues in most of such NPAs. Though this route of recovery
results in sacrificing part of the Banks legitimate dues, the time value of
money plays a crucial part in deciding upon this course of action, besides
spending on legal complications.
Thus, keeping in view the importance of negotiated settlement in our Banks
efforts to resolve large portion of the non-performing assets and in order to
facilitate our field level officials to be apprised of themselves about the
Banks approved policy guidelines as well as the discretionary powers
vested to them while negotiating / concluding compromise settlement with
borrowers, the present simplified compromise policy for the year 2013-14
has been formulated.
1.2
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1.3
1.4
1.4.1
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1.4.2
1.5
RECOVERY STRATEGIES:
1.5.1
1.5.2
Legal Action: Legal action is resorted to for recovery of the dues and
branches have to appreciate that the action is not an end in itself. The
following are the steps that Branches have to resort towards recovery
through legal action:
i.
ii.
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Chapter 2
Negotiated Settlement
2.
NEGOTIATED SETTLEMENT:
2.1
2.2
2.2.1
2.2.2
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2.2.4
2.2.5
ii.
Yield / Effective rate of interest i.e. the amount of MOI recovery by the
OTS to the Principal dues recovered.
iii.
Net Present Value / Discounted Cash Flow for the total dues
recoverable.
2.2.6
2.2.7
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2.2.9
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Chapter 3
VALUATION OF SECURITIES:
3.1
3.2
Valuation Report less than one year: The extant guidelines on valuation
of securities in the case of NPAs stipulate that Sanctioning Authorities while
considering Compromise Settlements should ensure that the valuation of
securities is not more than one year old. In view of escalation in real estate
valuation, field level functionaries have been advised to obtain latest
valuation (with Realisable value of securities) on receipt of OTS proposal,
3.3
3.4
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3.5.1
3.5.2
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ii. The discounting factor for finding out NPV of future amount at different
discounting rates is shown in a separate table given below. The
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1 year
2 years
2 years
2 years
4 years
Where there are different types of securities available in the same borrowal
account, NPV for each type should be calculated by applying the relevant
discounting factor for the relevant year and sum of the different NPVs to be
compared with the OTS amount.
10.20%
10.25%
10.50%
10.75%
11.00%
11.50%
12.00%
12.50%
1 Year
1.1038
1.1060
1.1065
1.1092
1.1119
1.1146
1.1201
1.1255
1.1310
2 Year
1.2184
1.2232
1.2243
1.2303
1.2363
1.2424
1.2545
1.2668
1.2791
3 Year
1.3449
1.3528
1.3547
1.3647
1.3747
1.3848
1.4051
1.4258
1.4467
4 Year
1.4845
1.4961
1.4990
1.5137
1.5286
1.5435
1.5738
1.6047
1.6362
5 Year
1.6386
1.6547
1.6587
1.6790
1.6996
1.7204
1.7628
1.8061
1.8505
6 Year
1.8087
1.8300
1.8354
1.8624
1.8898
1.9176
1.9744
2.0328
2.0928
7 Year
1.9965
2.2039
2.0308
2.0658
2.1013
2.1374
2.2114
2.2879
2.3670
8 Year
2.2038
2.2384
2.2472
2.2914
2.3364
2.3824
2.4769
2.5751
2.6770
To get Net Present Value, divide the Realisable Value by the above factor.
3.5.4
3.6
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and the need to accept a lesser amount and the report of the committee be
placed to SAC and Sanctioning Authorities.
However, submission of the visit report is not required in respect of the
following categories:
In respect of all NPA accounts, where the book balance is upto Rs.10.00
lakhs and / or where the total outstanding is less than Rs.50.00 lakhs
Where the security is an agricultural land.
In respect of the above exempted categories, field level functionaries are
advised to continue to be guided by the valuation report furnished by the
independent valuers while finalizing the OTS amount.
Branch / Z.O. are to ensure realizing better value for the assets charged to
the Bank as security while considering OTS proposals.
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Chapter 4
(MRA)
In the previous Compromise Policies till the year 2012-13, the benchmark
compromise / OTS amount was described as Minimum Recoverable Amount
(MRA) and the methodologies to compute the amount were different for
different categories of advances.
It is the amount which the Bank would insist as the minimum for accepting a
Compromise Settlement from the borrower / guarantors etc. Actual OTS
amount finally agreed to by the Bank would be anything more than the MRA
mentioned above.
In the current Recovery Policy 2013-14 also, the said benchmark
amount of OTS will be called as Minimum Recoverable Amount (MRA).
4.2
4.3
In this new Policy 2013-14, the two different calculations at (B) and (C)
above are eliminated and made to one single calculation with BASE RATE
COMPOUNDED QUARTERLY to decide both Discretionary Powers as
well as Minimum Recoverable Amount (MRA) in respect of General OTS
Policy. No such interest calculation is necessary in respect OTS for
accounts with Book Balance upto Rs.10.00 lakhs.
4.4
The Actual Total Dues at applicable rate will be already available in the
books / CBS system which will be relevant only for communicating with the
borrower and, ultimately, for closure of the account
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4.5
Further, the new Policy 2013-14 has entirely two different yardsticks for
computing MRA as follows:
1. All borrowal accounts (including MSEs) where Book Balance is not
more than Rs.10.00 lakhs and with total dues (including actual
MOI/MLE/MOX) not exceeding Rs.40.00 lakhs. This will be known as
4.6
The above two different policy guidelines are applicable for computation of
the minimum amount of OTS i.e. MRA. Discretionary Powers for sanction
of OTS under these two different policies and eligibility criteria are
specifically indicated thereunder. All other norms and guidelines as provided
elsewhere in the Recovery Policy will be applicable to both the above two
categories unless otherwise stated.
4.7
IMPORTANT:
4.7.1
4.7.2
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Chapter 5
Applicability:
This OTS Policy is applicable to
i.
and
Total Dues including MOI/MLE/MOX in all these accounts
does not exceed Rs.40.00 lakhs as at end of the quarter in
which OTS proposal is taken up / submitted for sanction.
iv. NPAs of Farm Mechanisation Loans namely Tractor Loans,
Combined Harvester Loans etc. in the name of a borrower to
be considered independently, besides other eligible loans as
at (iii) above. However, total book balances in all such Farm
Mechanisation Loans should not exceed Rs.10.00 lakhs per
borrower and total dues including MOI/MLE/MOX should not
exceed Rs.40.00 lakhs.
5.2
Coverage:
5.2.1
Date of NPA of the accounts should be prior to 01.04.2013 i.e the account
should have become NPA as on or prior to 31.03.2013 including accounts
flagged as NPA for March 2013 on subsequent dates through MOCs by
Statutory Auditors / through directions issued by Corporate Office.
In case of fresh NPAs of the year 2013-14, OTS proposal under this OTS
for Book Balance upto Rs.10.00 lakhs Policy may be considered by Zonal
Managers based on merits. ZM should satisfy himself that due recovery
actions have been resorted to in these fresh NPAs but no recovery could be
made and / or recovery through OTS will yield better result.
5.2.2
As on the date of OTS negotiation under this Policy, the total book balance
in the accounts of the borrower as mentioned above should not exceed
Rs.10.00 lakhs (net of Interest reversal ie. Net of INCA/UIPA) and total dues
including normal MOI/MLE/MOX should not exceed Rs.40.00 lakhs as at
end of the current quarter in which the OTS is considered.
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5.3
5.4
ii.
5.5
5.6
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5.7
Settlement Formula / MRA under OTS Policy for Book Balance Upto
Rs.10.00 lakhs:
5.7.1
M.R.A. (In respect of NPAs with Book Balance Upto Rs.10 lakhs with Total Dues upto Rs.40
lakhs)
Asset Class
Sr.
MRA in case of
SubNo.
Doubtful
Loss
Standard
(A) In respect of all NPA
accounts mentioned at
5.1 above where total of
Book Balances is upto
80% of Book
60% of Book
50% of Book
Rs.2.00 lakhs.
Balance
Balance
Balance
(B)
B1
B2
SubStandard
Doubtful
Loss
100% of Book
Balance
75% of Book
Balance
60% of Book
Balance
Book Balance
+ Interest at
Base Rate
(Simple) (as
on 01 04 13)
from Cut-Off
date.
100% Book
Balance
Only 100% of
Book Balance
90% of Book
Balance
90% of Book
Balance
80% of Book
Balance
100% of Book
Balance
75% of Book
Balance
60% Book
Balance
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5.7.2.
5.7.3.
MRA is Minimum:
The guidelines under the OTS Policy for Book Balance Upto Rs.10.00
lakhs are designed to help faster recovery of NPA dues. In respect of
agricultural advances and advances where agricultural lands have been
taken as security, the realization of security property is to be through DRT /
Courts only. Therefore, in deciding upon the OTS amount in such cases
(Agri & MSE upto Rs 10 lakhs), stipulating OTS amount to be not less than
NPV of securities has not been made as condition.
However, as the above MRA amount indicated is the minimum, keeping the
Banks interest as paramount, Branch/ Zonal Office should strive to recover
maximum possible amount from the parties, depending on the merits of the
individual accounts and availability / enforceability of securities / net worth
of the borrower / guarantor/s. Branch / ZO should endeavour to
conclude OTS amount which is not less than the NPV of securities
also.
In respect of the small value Agriculture & MSE loans upto book balance of
Rs 10 lakhs, the NPV of securities is not reckoned and MRA only is insisted
upon. However, Branch/ZO are advised to keep in view the realizable
value of available security, if any, while negotiating for OTS to get
maximum possible amount over and above MRA.
Minimum Sacrifice and Maximum RecoveryMINISAC-MAXRECshould
be the avowed objective in any OTS negotiation.
5.8
Security Value:
To ascertain secured or unsecured nature of the advance as mentioned
above, the valuation report of the securities / VAOs certificate etc. should
not be more than one year old.
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5.9.
Appropriation of Subsidy:
Extant guidelines issued from time to time shall be followed while
appropriating the subsidy under Government sponsored Schemes. The
book balance for the purpose of OTS will be book balance Net of the
subsidy eligible for appropriation and kept separately.
5.10
5.11
Sanctioning Authority:
For exercising discretionary power for sanctioning / approving the OTS
under this Policy, the amount of Write-Off permitted alone is to be taken
into account. (As a cap has already been fixed for eligibility criteria, viz.
Total dues not exceeding Rs.40.00 lakhs, the sacrifice by way of Waiver is
not stipulated for discretionary powers. However, while communicating
OTS sanction to the parties, branches should ensure that total amount of
sacrifice viz. actual Waiver of MOI/MLE/MOX as per CBS / Books alone is
informed to the parties besides Write-Off, if any, allowed.)
Sanctioning Authority
ZLCC (GM/ZM)
ZLCC(DGM/ZM)
ZLCC(AGM/ZM)
Scale VI BMs
Scale V BMs
Scale IV BMs
Scale III BMs
Scale II BMs
Scale I BMs
(Rs. in lakhs)
Maximum Sacrifice by
way of Write-Off
permissible per OTS case
6.25
6.25
6.25
5.00
4.00
2.00
1.50
1.00
0.50
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5.12
Deviations:
In very exceptional cases, proposals involving deviations from the
stipulated norms in respect of MRA resulting in OTS amount being lesser
than the MRA can be considered by ZLCC (ZM). In such cases further
reduction in MRA may be allowed upto a maximum of 25% of the MRA
subject to the Write-Off Discretionary Powers mentioned as the limiting
factor. It is clarified that the additional reduction of 25% is on the MRA
already computed and not further on the Book Balance.
OTS in accounts where the write-off amount could not be contained within
the discretionary powers of the ZLCC(ZM) shall not be entertained. Either
the cases may be taken up under General OTS Policy or further recovery
action to be pursued.
5.13
Restrictions:
Write-Off Power allowed in this Policy under Discretionary Power can
be applied only for OTS proposals and not for Full Write-Off of
accounts. For such cases and Part Release of Securities, the
proposal should be considered only under the General OTS Policy
2013-14 as provided therein.
5.14
5.15
Acceptance of OTS:
Branch should obtain acceptance of OTS sanction within seven days.
5.16
5.16.1
5.16.2
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Failure to Pay: In the event of failure of the parties to honour the OTS
sanction after its acceptance by them, the OTS will be cancelled. Any
amount including upfront amount remitted by the parties towards the OTS
payment should not be refunded and should be appropriated to the total
dues of the parties and further recovery action should be taken to recover
the entire dues.
Cancellation of OTS sanctioned already as well as
appropriation of amounts as above should be intimated to the concerned
parties in writing.
5.16.4
5.17
Staff Accountability:
Branches should examine staff accountability and ensure that appropriate
action is taken in case of accountability.
5.18
5.19
Reporting:
Branches should report all sanctions made under the Scheme to Zonal
Managers in the prescribed format on monthly basis alongwith copies of
OTS proposals processed by them containing their OTS sanction details.
Zonal Managers should submit summary of the OTS sanctioned by the
branches in their Zone to CO: Recovery on monthly basis. Also ZO to
submit details of OTS sanctioned by ZO to CO:Recovery on monthly basis
5.20
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Chapter 6
Eligibility:
NPA accounts which were classified as NPA as on or prior to 31.03.2013
including accounts flagged as NPA for March 2013 on subsequent dates
through MOCs by Statutory Auditors / through directions issued by
Corporate Office.
Accounts eligible to be considered under OTS Policy for Book Balance
Upto Rs.10.00 lakhs, but could not be considered under it for valid
reasons, may also be considered under this General OTS Policy provided
reasons therefor is satisfactorily explained.
6.2.1
6.2.2
6.3
compounding)
if
the
advance
is
(Where Card Rate is less than BPLR, then Card Rate or minimum of 8%
CQ to be applied. For the Micro and Small Enterprise category, Simple
Interest at a rate lesser than BPLR was allowed.)
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ii.
Notional Dues
&
Future
D = (A + B + C)
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For all other purposes, like negotiation with the NPA borrowers, furnishing
particulars in the compromise proposals, conveying OTS sanctions to
Borrowers, Court Authorities etc., the Actual Total Dues shall be calculated
and furnished as per the existing practice which shall mean the amount
outstanding as on the Cut-Off Date together with unapplied interest
calculated at contract rate (QC or Simple as per sanction ticket terms), as
applicable from time to time, inclusive of penal interest or as per court
order, if decreed, plus legal and other expenses recoverable.
6.6
6.6.1
6.6.2
6.6.3
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6.7
6.7.1
%age of Interest
Component to be
deducted from Notional
Dues for arriving MRA
Fully
Partly Unsecu
Secured Secured
red
A.1
A.2
20%
40%
30%
50%
50%
100%
B
B.1
B.2
20%
40%
30%
50%
50%
60%
C
C.1
C.2
15%
30%
20%
40%
30%
50%
Note: Percentage indicated above are only for calculating reduction in the
amount of Compound Interest calculated for Notional Dues. That portion of
interest amount should be deducted from the Notional Dues to arrive at MRA.
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6.7.2
4
5.
Notional Dues
D = (A + B + C)
E
D minus E
6.8
Relaxations:
In all the above cases, the OTS amount accepted should not be less than
the NPV of realizable value of securities as described at Para No. 3.5 in
Chapter 3 of the Recovery Policy.
However, following relaxations may be allowed in the case of fully secured
advances only:
i.
b)
c)
ii.
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6.9
Compromise Amount:
Final Compromise Amount that can be sanctioned should not be less than
both:
Minimum Recoverable Amount (MRA) as arrived in Para at Sr. No.6.7.2
NPV of securities as per Para at Sr. No. 6.8.
Wherever NPV of realizable value of securities is more than the Total Dues,
then the NPV reckoning is restricted to the Total Dues.
Note: For computation of MRA by applying interest concession, the dues are
classified into Secured, Partly-Secured and Unsecured. If the RV/DSV/FSV
is less than 50% of the Notional Dues, the dues are treated as unsecured.
This unsecured classification is only for deciding the interest concession
percentage. However, even in this Unsecured cases, the OTS amount
should be compared with the NPV of available securities and the OTS
amount should not be less than the MRA and the NPV of securities.
6.10
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6.11
6.12
6.13
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Failure to pay the dues within 30 days will result in cancellation of the
waiver and Bank will have to proceed to recover full amount. Any amount
already appropriated should not be refunded.
Proper offer / acceptance letter from the parties should be obtained and
approval letter should be issued by the Bank stipulating the condition.
Waiver of Penal Interest in such cases may be permitted by Zonal
Managers without any ceiling in actual amount of Penal Interest.
In such cases, no formal OTS proposal need to be submitted. Request
letter of the party alongwith BMs recommendation letter (furnishing bare
details of the account, balance outstanding, securities, alongwith quantum
of Penal Interest to be waived) will suffice.
6.14
ii. Now, OTS in Home Loans are treated at par with other loans and can
be considered by the various sanctioning authorities within their
discretionary powers as prescribed.
The condition as to the OTS
amount should not be less than NPV of securities, wherever stipulated,
should not be violated.
iii. In respect of Home Loan borrowal accounts which are classified as
fraudulent, Zonal Office shall verify the status and if the EM created with
our Bank is prior in point of time, we should proceed against the
properties. If there are claims from other Banks on the same property,
enforceability of EM should be verified and appropriate action shall be
taken for recovery of our dues. In the case of Home Loans, which are
classified as fraudulent, the proposal for settlement should
continue to be referred to Corporate Office for consideration at
MCB / Board.
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6.15
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Chapter 7
PARTIAL REPAYMENT OF DUES AND RELEASE OF SECURITIES / RELEASE OF NONPROMOTER / THIRD PARTY GUARANTORS WHERE THERE IS NO OTS:
The Appropriate Authority is generally empowered to release the
securities only where there is total settlement through Compromise.
Whenever offers for part payment of realisable value of security held and
/ or release of guarantors are received, such proposals are considered
for the following reasons:
o Guarantors opting out of the account / firm etc,
o Old age of the owner of the property / guarantor / mortgagor
o For settlement of the property among the family members and
partners,
o Dispute over the title of the property, other legal disputes etc,
among the guarantor (s), partner (s),
o Borrower / Mortgagor intending to sell part of the securities and
reduce the liabilities.
Though withholding of securities belonging to third party may bring
pressure on the borrower, in case of non-payment, Bank may have to
ultimately sell the property for realizing its dues. As sale by the Bank is
fraught with the risk of not realizing market value besides the indefinite
delay before which we can see the color of the money, it is prudent on
the part of the Bank to release the security at the appropriate time in
meritorious cases after recovering not less than Realisable Value of the
securities.
Proposal for release of securities / guarantors should be submitted in the
same way and in the same format prescribed for submission of OTS
proposals. Two latest valuation reports should be obtained from two
different panel engineers. There should not be variation between the two
values by more than 5-10%. If the variation is more than 10% same
should be got clarified by the valuers. The higher value of the two should
be taken into account for release of assets / properties.
Any substantial fall in the value of properties / assets sought to be
released from its previous valuations at the time of sanction should be
examined thoroughly and it should be ensured that the latest values are
realistic taking into account the market conditions and other relevant
circumstances.
Similarly, for release of third party guarantors, the latest net worth of the
individual / party should be ascertained by obtaining latest credentials /
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AL statements etc. Any substantial fall in the net worth of the guarantor
sought to be released from its previous net worth at the time of sanction
should be examined thoroughly and it should be ensured that the net
worth is realistic taking into account current status of assets of the
individual and other relevant circumstances.
For releasing a specific asset / property, amount not less than the
Realisable Value / Distress Sale Value / Forced Sale Value of the asset
(not the NPV of the asset), should be recovered towards the Total Dues
in the account.
As regards releasing of third party guarantor the amount that should be
recovered for such release should be decided taking into account the Net
Worth of the concerned individual guarantor and other relevant
circumstances / issues justifying the amount so accepted.
Where part release of security alongwith personal guarantee of the
owner / mortgagor of the property is sought both need to be considered
independently.
It should be made clear that, after receipt of specified amount against
release of specified security asset / guarantor, the Bank will continue with
recovery action in respect of other securities available with the Bank and
against remaining guarantors for recovery of its balance Total Dues.
While considering release of part of securities as above, it should be
examined whether the remaining securities are worth ones to continue
with and would cover the balance liabilities. Acceptance of the proposal
should not result in the Bank being left with worthless securities /
guarantors and being not able to enforce the remaining securities and /
or recover further in the account. In such cases, instead of releasing the
specific securities / guarantors, effort should be made to negotiate for
compromise settlement for recovery of the Total Dues.
A decision in
the matter may have to be taken judiciously.
7.1.2
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7.2
7.3
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for obtaining of Consent Decree with Default Clause that, in the event of
default to make payment as per the agreed terms, the Bank is entitled to
recover the entire dues as per the suit claim. (Branch / ZO should, in the
first place, discuss with the borrower and obtain his concurrence that he
would agree to such condition if the compromise is sanctioned by the
Bank. This may not be insisted upon if payment term is short i.e. within a
month. Obtaining Consent Decree helps the Bank for pursuing with suits
/ DRT cases in the concerned account if the borrower fails to honour the
OTS. Bank can straight away go ahead to execute the decree / RC for
the suit claim and bring the securities to sale through DRT. After filing
the Memo, branch should closely pursue to obtain Consent Decree from
the Court / DRT without delay.)
g) In respect of non-suit filed accounts, documents should be kept alive by
obtaining periodical renewal letters till full payment of settlement amount
is received.
h) Branch should endeavour to obtain post-dated cheques for the OTS
amounts / instalments.
i) In respect of accounts under consortium, the OTS offer made to our
Bank should not be less than what has been offered to other members.
j) In case of fraudulent accounts or accounts where criminal cases are
pending, a condition to be included that the settlement will not have any
bearing whatsoever on the ongoing criminal cases / proceedings, if any,
pending in the court against the persons connected with the account.
Also the guidelines contained in Para No. 7.20 should be followed.
7.4
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7.5
Group Accounts:
The total sacrifice by way of waiver/write off made in all the group accounts
under General OTS Policy should be computed to find out the authority to
whom the relevant proposal has to be referred.
7.6
TERMS OF PAYMENT:
Normally, efforts should be made to recover the amount agreed within a
maximum period of 90 days from the date of communication of sanction.
Where, for reasons satisfactory to the Bank, the amount has to be paid in
instalments over a period of time it should not exceed 12 months payable in
monthly / quarterly/half yearly installments. The sanctioning authority may
decide on this depending upon the merits of each case together with interest
at the Base Rate + 2% (Quarterly Compound) from the date of settlement up
to the date of final payment.
7.7
7.8
7.8.1
7.8.2
Hence, branches shall take effective steps to recover the OTS money in
time without necessitating repeated extensions.
7.8.3
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7.8.4
7.8.5
7.9
7.9.1
Exercise of write off of NPA accounts: In order to weed out the unremunerative NPA accounts and to pave way for the field level functionaries
to devote more time for Business development, the exercise of write off is
undertaken after critically analyzing the chances of recovery in all the NPA
accounts. The accounts can be written off only after exhausting all avenues
of recovery through normal course / by legal means / through OTS etc. The
exercise of write off has to be undertaken on merits of each case after
considering various factors like low / nil income generation, capacity of the
borrower / guarantor to pay the dues, availability / state of the securities etc.
7.9.2
Therefore, Write-off option shall have to be used only as a last resort when,
i. The account is classified as doubtful or loss asset.
ii. There are no securities available or there is nil / nominal salvage
value of securities.
iii. Net worth of the borrower / guarantor is nil or nominal.
iv. The borrower/guarantor is not traceable after reasonable enquiries.
v. The borrower / guarantor has no source of income.
vi. Full provision has been made.
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The authority vested with powers under General OTS Policy for Write Off
can exercise such powers in respect of all NPA accounts requiring write off,
subject to overall powers for sacrifice delegated to them, if the write off
amount is fully covered by the provision made in the account.
However, such write off should be reported to the next higher authority
immediately.
7.9.4
Zonal Managers and above can consider write off, where the write off
amount exceeds the available provision, subject to obtaining budgetary
allocation from the Executive Director/Chairman & Managing Director for
such write off, over and above the provision already held. This should be
resorted to in exceptional cases only. In the normal course, the Z.M. should
ensure that adequate provisioning has been made in all such accounts
under IRAC norms before the exercise of write off is taken up.
7.9.5
COLCC(ED) and CAC can consider write off in all cases, irrespective of
whether provision is fully available or not.
7.9.6
The powers for write off can be for full or partial write off and whether eligible
guarantee (CGTMSE / DICGC/ECGC) cover is available or not.
7.9.7
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7.11
7.12
7.13
BIFR Accounts:
OTS in respect of Industrial Units under the purview of BIFR may be
considered at the rates of interest as stipulated by the BIFR as part of the
rehabilitation package. Where BIFR does not prescribe such
interest/amount, the guidelines under this Recovery Policy are applicable.
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7.14
7.15
7.16
Retrieval of Provision:
Provision made in the accounts where OTS has been sanctioned will be
retrieved to the extent of recoveries as per guidelines, during the period in
which the recovery has been booked.
7.17
7.17.1 While submitting / considering OTS proposals in any particular account, the
existence of other direct / indirect liabilities, extension of securities charged,
common guarantors, group liabilities, DRT/Court directions (if any related to
the borrowal account or securities held by the Bank) and all other relevant
issues should be completely brought up and discussed. Same should be
thoroughly factored into and appropriate conditions should be stipulated in
the OTS sanction itself regarding release of securities / guarantors /
progressive release of securities etc.
7.17.2 On payment of OTS dues and on compliance of all terms and conditions as
per the OTS sanction, Branch Manager can release the relevant securities
charged to the Bank as per sanction terms irrespective of OTS sanction by
any higher authorities.
7.17.4 Board directed that care has to be taken while releasing securities in
accounts where part payment of OTS or repayment of loan is being made
for ensuring that the balance amount outstanding is covered adequately and
release of security does not in anyway hamper / mar recovery prospects of
the balance amount of NPA.
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7.18
7.19
7.20
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7.22
CAUTION:
Any correspondence with our NPA borrowers should be avoided to the
extent possible. Branches should also avoid giving any counter offer
in writing as such a letter is also being produced in the courts
subsequently. Strictly ensure the above while handling OTS proposal
as the Courts tend to take a view which is helping the borrowers.
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Chapter 8
8.1.1
8.1.2
8.2
8.2.1
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8.4
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Chapter 9
9.1.1
It is not a rare instance where the Bank has to face the constraint of selling
charged assets when there is no bidder at the Reserve Price or no one is
participating in the auction either under DRT or SARFAESI. At times we
have to be on guard to defeat the nefarious designs of persons forming a
cartel so as to knock down the price or scuttle the sale itself. At times
borrowers also discourage/ threaten the intending bidders. With a view to
ensure that such a constraint is not blocking the way towards realization of
dues and thwart the attempts to defeat the sale, our Bank is participating
selectively in auction of properties and bidding for properties, where initial
auction held was not successful despite all efforts taken by the Bank for
marketing the sale. In this regard, the following developments may please
be noted:
9.1.2
9.1.3
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As regarding disposal of the property which has not been acquired by the
Bank for its own use, the following to be noted:
In terms of section 9 of Banking Regulation Act, 1949, ..no Banking
company shall hold any immovable property howsoever acquired, except
such as is required for its own use, for any period exceeding seven years
from the acquisition thereof or any extension of such period as in this
section provided and such property shall be disposed within such period
or extended period as the case may be:
Hence, care should be taken to comply with the above provisions of the
Banking Regulation Act in respect of properties which were obtained not for
Banks own use and steps to be taken to dispose of such properties within
the prescribed time period or extended time period.
9.1.5
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Sanctioning Authority
Bid Amount
COLCC (GM)
Up to Rs.50.00 lakhs
COLCC (ED)
CAC
>Rs.100.00 lakhs
9.1.6
9.2
9.2.1
9.2.2
9.2.3
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Branches / Zonal Offices have to report the accounts where the default is on
account of any or all the reasons outlined above, for reporting to RBI. In
respect of other defaulters, if the branches do not have any conclusive
evidence of wilful default, such of those accounts need not be treated under
the category of wilful default.
9.3
Fraudulent borrowers:
9.3.1
Such of those cases which are reported as frauds to RBI through CO:
Vigilance Department should only be classified under the appropriate
category and full provision made.
9.3.2
As per existing Banks policy, NPA Accounts where irregularities have been
committed by the borrowers also can be considered for OTS. This is with a
view to avoid blocking of Banks funds in such accounts, while action under
the laws of the land can be continued.
9.3.3
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Zone. The team should play a crucial role in recovery of fraud cases, by
ensuring the role and functions as detailed in the above Government
guidelines (para C above) and periodically (every month) report the progress
to Zonal Manager.
9.4
9.4.1
9.4.2
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9.6
9.6.1
9.6.2
The above uniform accounting procedure should be adopted for all modes of
recovery, including normal mode, Compromise, SARFAESI and both for
suit-filed and non-suit filed accounts.
(When (i) recovery proceeds to be appropriated are in excess of the book
balance and
(ii) further recovery is expected in such NPA A/c, (out of
further recovery proceedings), appropriation may be done by retaining a
minimum Book Balance of Rs 1000/- in the NPA A/c. This will facilitate the
branch to keep the account alive (instead of keeping the a/c with Zero
balance) and pursue with further proceedings towards recovery of remaining
dues under MLE/MOX/MOI. The minimum book balance should also be
recovered at the time of closure of the account.
In case of sale of properties, unless the full sale amount is realized, the part
payment should not normally be appropriated to loan account, to ward off
difficulties in case the sale failed.
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9.7
9.7.1
As per the SARFAESI Act, any secured lender is not entitled to exercise the
power of enforcement of Securities under Section 13 (4) of the Act unless
Secured Creditors representing not less than 60% in value of the amount
outstanding (the total amount due to be payable) agree/consent for such
action under Section 13 (9) of the Act. This consent is required only at the
stage of taking possession and further proceedings and not at the stage of
issuance of Demand Notice.
CO/Legal Departments Circular No. ADV/144/2012-13 dtd. 26.2.2013 may
please be referred to.
9.7.2
9.7.3
In normal Recovery Proceedings, the 2nd Charge holders get only residual
value, if any after complete settlement of dues to the 1st Charge Holders.
However, in the case of recovery under SARFAESI Act, as consent of 2nd
charge holder is also required, the 1st Charge Holder / 2nd Charge holder
under consortium have started following the practice of apportioning the sale
proceeds in the ratio of 80:20, ie 80% of the recovery to 1st Charge holders
and 20% to the 2nd Charge Holders. All the FIs and Banks have now
accepted this as general sharing pattern .This arrangement is beneficial to
2nd charge holders. Generally, when action is taken under SARFAESI jointly
by Banks, the current assets may not fetch much value where as the
recovery through Fixed Assets may be substantial.
9.7.4
Sometimes when such sharing is done with first charge holders on sale
proceeds of fixed assets, they also demand a share in sale proceeds of
current assets. Therefore, present Policy provides for similar sharing pattern
of 80:20 among the first and second charge holders in the sale proceeds of
Current Assets / Fixed assets.
9.7.5
Bankers are to give their consent for initiating action under SARFAESI Act
as also the sharing pattern. In order to expedite the decision in such cases
and in line with the practice followed by the Banks, the policy provides the
following guidelines:
a)Bank will decide generally to accept the sharing pattern of 80:20 (80% for
first charge holders and 20% for second charge holders) in case of sale of
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
9.9
Page No. 52
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
Chapter 10
Miscellaneous
10
REPORTING SYSTEM:
10.1
10.1.1
10.1.2
10.1.3
The higher authorities should review the waiver/ write off granted and
ensure recovery as per the negotiated terms. A Register on the lines of
proforma is to be maintained for scrutiny by officials inspecting the Branch /
higher officials during the branch visit (REC Form 3)
10.2
SUBMISSION OF PROPOSALS:
10.2.1
10.2.2
Time Frame: Branch should forward the compromise proposal to the next
higher authorities within 7 working days from the date it is received with full
particulars, with its views / recommendations taking into account the
deliberations if any, in the joint meeting with the Zonal Manager and the
borrower. Zonal Managers should convey their decision on the proposal /
submit their recommendations to the Corporate Office, within 7 working
days of receipt of proposal at their end.
10.2.3
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
10.2.4
10.3
10.3.1
10.3.2
Notional Dues:
Dues arrived under General OTS Policy for the purpose of calculating
Minimum Recoverable Amount as described in Para at Sr. No. 6.5
10.3.3
10.3.4
Net Worth: Net Worth of the borrower / guarantor is the worth of the
borrower /guarantor minus the borrowings / outstanding other than that of
Bank borrowings from verifiable source as on a date very close to the date
of submission of the compromise proposal by the branch. In the case of a
limited company, the net worth shall be the paid up capital + accumulated
reserves minus accumulated losses in the Profit and Loss Account as given
in the Balance Sheet as at a recent date. Branches must insist for
submission of latest A&L when borrower is offering for OTS.
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
10.3.5
10.4
STAFF LAPSES/ EXAMINATION OF STAFF ACCOUNTABILITY:Determination of staff accountability in borrowal accounts which have
turned non-performing will be subject to guidelines issued by the Corporate
Office from time to time. Salient features on Examination of Staff
Accountability are reproduced hereunder:
(1)
10.5
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
Provisioning of NPAs:
RBI guidelines on general provisioning as per IRAC norms vis- a-vis actual
practice followed by our Bank as of now are reproduced hereunder:
General
guidelines
of RBI
Asset
Category
Sub
standard
Doubtful
General Provision
Unsecured
exposure **
Unsecured Portion
Secured Portion:
D1(upto 1 yr)
D2 (1-3 yrs)
D3(>3 yrs)
15%
25%
100%
Existing
system
followed by
the Bank
Effective
Date
Uniform 25%
irrespective of 01.07.11
security status
100%
25%
25%
01.07.11
40%
40%
01.07.11
100%
100%
Loss
100%
100%
Unsecured exposure is an exposure where the realisable value of security
is not more than 10 percent, ab-initio of the outstanding exposure.
Exposure shall include all funded and non-funded exposures (including
underwriting and similar commitments).
RBI norms permit Banks to make additional provisions for NPAs at higher
than prescribed rates. The decision of making provision over and above the
general regulatory norm was taken by the Bank, over a period of time so as
to build up reserves against possible loss. Such a reserve is being built
while the market conditions are conducive and financials are strong.
10.7
10.8
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
10.9
10.10
10.11
Others:
Any guideline issued by RBI / Government of India received in the course
of the year with regard to NPA will also be suitably incorporated with the
approval by the Board and will form part of the Recovery Policy.
10.12
*****************
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
10-13: Indian Bank Model Code for Collection of Dues and Repossession of
Securities (CDRS Code)
Preamble:The Debt Collection Policy is built around dignity and respect to the
customers and will follow fair practices in collection of dues and repossession of
securities, thereby fostering customer confidence and long term relationship. Bank
will not follow policies that are unduly harsh in collection of dues.
The repayment schedule will take into consideration the paying capacity / cash flow
pattern of the borrower. The borrowers will be explained upfront about the method of
calculation of interest, the EMI calculation, repayment pattern and modes of
appropriation. Necessary guidance can be obtained from the Branches in case of
genuine difficulty in repayment.
Security Repossession policy is aimed at recovery of dues in the event of default and
not whimsical deprivation of property. The procedures / steps adopted will be fair
and transparent and in consonance with the Laws.
General guidelines:The staff or any person authorised to represent the Bank in
collection of dues/ repossession of securities will identify themselves to the
borrowers in the first instance and produce the authority letter issued by the Bank
upon request.
The Customer / borrowers will be contacted at the place of their choice or at the
place of their residence / business / occupation.
The privacy of the borrowers / customers will be respected and normally the Banks
representatives will contact them between 07.00 hrs and 19.00 hrs, unless special
circumstances require the Bank to contact at different time. The borrowers request
to avoid calls / visits at a particular time / place will be honoured as far as possible.
Inappropriate occasions such as marriage, bereavement in the family etc. will be
avoided for making calls/visits.
The written and verbal communication on behalf of the Bank will be in simple
business language and the Bank will adopt civil manners during the interactions with
the borrowers.
Bank will document the efforts made for recovery of dues and copies of the
communications sent to the borrowers will be kept on record.
All assistance will be given to resolve the disputes / differences in a mutually
acceptable and orderly manner.
Notice to the borrowers:Written communications, telephonic reminders or visits by
the Banks representatives to the borrowers place or residence will be used as a
loan follow up measure.
A prior written notice will be given before resorting to legal or other recovery
measures including re-possession of securites. In the said notice, it may be
stipulated that the borrower / guarantor / mortgagor ought to make repayment within
one week of issuing notice failing which further recovery action will be initiated.
Bank will follow all procedures as required under Law for recovery / repossession of
securities.
In accounts / cases which are entrusted to Recovery Agents, keeping in tune with
principles of natural justice, a notice will be sent to the borrower / guarantor /
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
mortgagor informing that as the borrower has failed to repay the dues, the portfolio of
recovery of dues in the account have been entrusted to Recovery Agents specifying
their names, who would be assisting the Bank in effecting recovery.
In the notice to be issued to the borrower/mortgagor it may be indicated that Bank
will take steps to retrieve / obtain back the documents from Court / DRT and within
seven days of receipt of title deeds from Court / DRT, the same will be handed over
to borrower / mortgagor.
Re-possession of securities:Bank will issue a notice prior to sale in accordance with
law and principles of Natural Justice.
Repossession of security will involve three steps viz., repossession, valuation of
security and realization of security by appropriate means. A prior notice will be
issued before resorting to repossession and due process of law will be followed while
taking repossession.
After taking custody of the property, Bank will take reasonable care to ensure its
safety and security, in the ordinary course of business.
While taking repossession, the inventory and panchnama shall be drawn, duly
witnessed and a copy shall be furnished to the customer / borrower.
The Bankers hold a right to continue to hold / retain the securities even after
adjustment of the specific loan dues for which the security has been offered, towards
general balance due to the Banker from the said borrower. This right is termed as
Bankers general lien. The Bankers general lien and its implications thereof are
contained in the loan documents which are obtained at the time of availing the loan.
In the notice to be issued to the borrower / mortgagor under CDRS code, the
following clause may be added.
Bank will take steps to retrieve/ obtain back the documents from Court / DRT and
within 7 days of receipt of title deeds from Court / DRT, the same will be handed over
to borrower/ mortgagor. In accounts which are non suit filed after ascertaining that
there is no direct or indirect liability of the said borrower with the Bank, the title
deeds/ securities will be handed over back to the borrower / mortgagor within 7 days
but not exceeding a time span of one month.
Valuation and sale of property:Valuation of the property will be obtained by the Bank
and thereafter sale will be conducted in a fair and transparent manner.
Excess amount received through sale of property, over and above the amount due to
the Bank and other expenses will be returned to the borrower, provided, Bank does
not have any other claims against the customer/borrower.
Bank will have right to recover from the borrower, the balance due if any, after sale
of the property.
Opportunity to the borrower to redeem the property: Any time after repossession but
before concluding sale of the property, if the borrower clears the Bank dues in full,
Bank may consider handing over the possession back to the borrower, if there are
no other constraints on / commitments to the Bank. Such a decision will be taken by
the Bank on a case to case basis based on merits.
Likewise, if the Bank is convinced about the genuineness of borrowers inability to
pay the loan instalments as per schedule, Bank may consider handing over the
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
An agreement is entered into between the Bank and the Recovery Agents broadly
defining the scope of the work to be performed by the Recovery Agent, terms of the
offer, the obligations of the Recovery Agents and the Bank. The agreement has
covered the requirement of adherence to CDRS code, maintenance of confidentiality
and providing records of RA for audit and other guidelines issued by RBI.
Page No. 60
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ANNEXURE I - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
Board had on 24 01 2011 approved the proposal to engage the services of retired
Bank personnel for recovery of loans assigned to ARCs. By virtue of Service Level
Agreement (SLA) executed, ARC requested the Bank to carry on the recovery
process initiated for a fee of 10%. Out of the fee levied, Bank was authorized to pay
a recovery incentive of 3% for recovery in secured advances and 5% on the amount
of unsecured loans recovered. The process will be continued till further direction.
10.16. SARFAESI Action to expedite recovery: Vital Dos and Donts are
furnished in All Branch Circular of our CO:Legal Department vide ADV:107/2012-13
dated 03 12 2012, for the guidance of branches and Authorised Officers.
Page No. 61
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
______________________Br.
ANNEXURE A- Compromise Proposal under OTS Policy for Book Balance up to Rs.10.00 lacs
Date: ____________
Branch:
A.
B
Zone
NPA Date
Asset Classification
as on 31.03.13
Provision Held
As on
Amt Rs
C.2
Farm Mechanisation Loan Accounts: (Amount in Rupees)
No.
CBS A/c No.
Facility
Limit
Book Bal
MOI
MLE/MOX
1
2
Total
C.3
Total dues
D. Security Details:
Subsidy: Amount and Date of credit to loan account
Guarantee cover: if eligible, amount settled details
At the time of Sanction
securities
held:
Nature of Security
Date of
Valuation
a) Primary
(Rs. in lacs)
Market
Value
Distress
Sale Value
Market
Value
Distress
Sale Value
b) Collateral
Total
securities
held:
Nature of Security
Present Position
Date of
Valuation
a) Primary
b) Collateral
Total
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
E. Recovery Action: In case of non-suit filed a/c: Date of expiry of Limitation: _____________
(Rs. in lacs)
If Suit filed?
Date of Suit:
Suit amount:
If decreed?
Date of decree:
If under SARFAESI
Dt. of Notice :
(Rs. in lacs)
Rs.
Principal
MOI
MLE
Other
Loans
Particulars
Amt. in Rupees
Farm Mechn.
Loans
6.
Branch Manager
TOTAL
TOTAL
(i)
(ii)
(ii)
(iv)
(iv)
Interest,
if any, as
per Policy
(Rupees)
(v)
(v)
MLE / MOX,
if any
(Rupees)
(vi)
= (iii) + (iv) + (v)
(vi)
= (iii) + (iv) + (v)
Final MRA
(Rupees)
Annexure A1
______________________Br.
* Please see Recovery Policy Chapter 5, Para 5.7.1 Give the category as (A), (B 1), B2.a, B2.b, B2.c as given in the Para.
** Existing Book balances should be reduced by the amount of (a) Subsidy and (b) Claims Settled amounts, if any received and kept still
unappropriated to the loan accounts.
H.2
(i)
H.1
No
H.
A/c:_______________________________ of Branch______________
____________________Br.
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
Annexure B - Proposal under General OTS Policy
Branch:
Zone:
Date:
Proposal for:
(Mention whether the proposal is for (a) OTS, (b) Write-Off of Entire Dues, (c) Release of Part of
Securities or for (d) Other PurposePlease Specify)
Competent Authority
to Approve / Sanction:
Reason for referring to
the Competent Authority:
(Mention whether due to (a) Sacrifice for the OTS / Write off of the account, (b) Relaxation /
Deviation from Norms, (c) Part Release of Securities as per guidelines, (d) Fraud involved /
Wilful Defaulter (e) Staff / Staff Related Account etc.falls under the Authority, (f) Extension of Time
for Payment of OTS dues, (g)Others Specify)
Nature of Deviation /
Relaxation from Norms
(Mention whether (a) OTS is less than MRA, (b) OTS is less than NPV of securities, (c) Or Both,
(d) Longer Time for Payment of OTS, (e) Extension of Time without interest, (f) Others Specify.)
Borrower / Name of
Account:
This Proposal comprises of the following Annexures forming part of the proposal:
1. Borrower / Account Profile / Brief History
3. Guarantor Details
5. Recovery Action Taken
7. Staff Accountability
9. Computation of Minimum Recoverable Amount
11.Pending Legal Proceedings by / against Bank
13.Zonal Managers Recommendations
(A
(B
(Rs. in lacs)
MOX
Total
Liability
Account Details:
Sector and Line of Activity
NPA Date
Asset
Class
Provisio
n Held
Suit filed
on
Decreed
on
A
ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
(C
D.
E.
Rs.
Date of Deposit:
A
ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
G.
H.
I.
J.
Benefits of
Compromise:
Effective Rate of
Return
At Simple
At Q.C.
Cash recovery
Reduction of NPA
MOI/MLE/MOX
Recovery (Income)
Retrieval of Provision
Impact on P/L
G.
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
H.
J.
K.
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
Date:
Branch:
Zone :
Account:
Annexure 1
Borrower / Account Profile / Brief History
1.1
Address:
1.1.1
1.1.2
Factory Address:
1.1.3
1.2
Constitution
and
Date
Incorporation / Partnership
1.3
Customer since.
1.4
CIF Number
1.5
Name(s)
of
the
Partners / Directors
of
Proprietor/ 1.
2.
3.
4.
5.
1.6
At the time of sanction
Net Worth of the borrower
Date of A&L /
Amount
(Rs. in lacs)
Credit Report /
Balance Sheet
1.6.1. Individual / Proprietorship:
1.6.2
Firm / Company:
1. Paid up Capital
2. Reserves /Surplus
3. Drawings / Accumulated
Losses
4. Net Worth (1+2-3)
1.7
1.7.1
Sole Banking
Indian Bank
Present Position
Date of A&L /
Amount
Credit Report /
Balance Sheet
Consortium
Multiple Bkg.
Share% or Dues
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
1.7.2
1.8
Brief History:
1.8.1
1.8.2
1.8.3
1.8.4
1.8.5
1.8.6
1.8.7
1.8.8
If
any
fraudulent
transactions, activities, etc.
were involved, full details
thereof.
If it is a Wilful
Defaulter,
reasons
for
declaring them so and
details of reporting made.
1.8.9
1.
2.
3.
4.
b)
c)
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
Annexure 2
Details of Credit Sanctioned by the Bank and Present Position
2.1
2.2
2.3
2.4
Nature of
facilities
CBS Account
No.
Limit
MOI *
From:
To :
MLE
MOX
Total
Dues
Total
Note:
MOI should be at applicable ROIs from time to time from Cut-Off Date upto the end of the quarter
in which OTS is submitted. (Cut Off Date = date from which interest ceased to be charged in the
NPA a/c)
In case of decreed accounts, the MOI interest amount should be computed at the ROI (simple or
compounding) as awarded by the Court in the decree.
In case the Bank has appealed or has decided to appeal against the decree, the MOI should be
continued to be at card / applicable ROI only.
Annexure 3
Guarantor Details
3.1
Name of Guarantor/s
Individuals:
3.2
Net Worth
At the time of sanction
A/L Stmt. / Cr
Amount
Report / Bal
Sheet Date
(Rs. in lacs)
Net Worth
At present
A/L Stmt. / Cr
Amount
Report Date /
Bal Sheet Date
1.
2.
3.
4.
Corporate Guarantees
Name:
1. Paid up Capital
2. Reserves / Surplus
3. Accumulated Losses
4. Net Worth (1+ 2 3)
3.3
3.3.1
ECGC / CGTMSE
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____________________Br.
3.3.2
Annexure 4
Security Details
(Rs. in lacs)
Nature of Security
4.1
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
Present Valuation
Valuer /
Value
Date
Source
Primary:
Stocks
Plant/Machinery (MV)
(RV)
2nd Valuation: (MV)
(RV)
Factory
(MV)
(RV)
nd
2 Valuation: (MV)
(RV)
Other Immovables (MV)
(RV)
2nd Valuation: (MV)
(RV)
Other Securities:
4.2.2
Collaterals:
Immov. Property (MV)
(RV)
2nd Valuation: (RV)
(RV)
Other Securities:
4.3
4.2
4.2.1
2nd Valuation
4.4
(Note: MV = Market Value, RV = Realisable Value / Distress Sale Value / Forced Sale Value)
Present Valuation report should not be more than one year old;
For any security of value of more than Rs 50 lakhs- Valuation to be obtained from two independent
valuers which should be cross verified by Branch Manager by making local enquiries
If our charge on the securities is on Pari-Passu basis or Second Charge, our share of the value of
securities should also be indicated.
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
Wherever properties / assets of borrower / guarantor/s are attached through Attachment Before
Judgement (ABJ) after tracing through Private Detective Agency (PDA) / Recovery Agents / Market
Enquiries etc., the details to be furnished under Other Securities above at 4.2.2.
In case there are more than one immovable property securities (both primary & collateral), additional
rows may be inserted at the relevant place and details may be furnished.
Description
(Agricultural /
Residential / Industrial
/ Commercial)
Location /
Address
Surve
y No.
Owner /
Freehold
/ Lease
Hold
Date
of EM
First / PariPassu /
Second
Charge
4.5.1
4.5.2
4.5.3
4.5
Variation in Value: If there is any variation (+) of more than 10% in present security
value compared to the value at the time of sanction, reasons for variation in securities /
valuation. If any asset was sold by the Bank, give detail of security sold, date a & amt.
4.6
4.7
4.8
Visit Report by Team of Officials: Where OTS recommendation is less than the
Realisable Value of Securities, Visit Report to be submitted. (Para 3.6 of Recovery
Policy). Report to be attached. To be highlighted in brief here:
4.9
4.9.1
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____________________Br.
4.9.2
Collaterals:
4.9.3
4.10
4.11
Security
I
Security
II
Security
III
10.20%
10.20%
10.20%
Annexure 5
Recovery Action Taken
5.1
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
5.1.6
5.1.7
5.1.8
5.1.9
5.1.10
5.1.11
5.2
SARFAESI Action:
Total
(I+II+III)
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____________________Br.
5.2.1
5.2.2
5.2.3
5.2.4
5.2.5
5.2.6
5.2.7
5.2.9
5.1.10
5.3
5.3.1
5.3.2
Annexure 6
Recoveries Made From the Date of NPA
(Rs. in
lacs)
6.1
6.1.1
6.1.2
6.1.3
6.1.4
6.1.5
6.1.6
Date
Amount
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____________________Br.
Annexure 7
Staff Accountability
7.1
7.2
7.3
7.4
7.5
7.6
7.7
Annexure 8
Group Accounts / Exposure / Indirect Liabilities
8.1
Name of Account/
Branch
8.2
Present position of
group accounts,
Whether Operation
Satisfactory or
Recovery action
being taken / taken
and its present
position.
8.3
Name/s of Common
directors / partners.
Limits
sanctioned
Date of
Sanction /
By Whom
Outstanding
Dues
Asset
Status
Value of
Security held
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
8.4
Name/s of Common
Guarantors.
8.5
Details of Common /
Extended Securities.
8.6
Action proposed, if
any:
Whether to
continue with the
group account or
Take recovery
action or
Hold securities
in the subject
account till
adjustment of
group dues, etc.
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
Annexure 9
Computation of Minimum Recoverable Amount
9.1.1
Date on which the borrowal account was classified as NPA (NPA date)
9.1.2
Date from which the borrowal account ceased to earn interest (Cut-Off
Date)
9.1.3
9.2.1
9.2.2
9.3
NOTIONAL DUES:
9.3.1
9.3.2
9.3.3
(Rs. in lacs)
- do-
9.4
9.5
9.6
9.7
9.8
9.9
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
9.9
Annexure 10
Part Release of Securities
(Rs. in lacs)
10.1
10.2
Out of the Securities listed at Sr. No. 4.1, 4.2 & 4.5, specify below and
give description of the security proposed to be released:
10.3
10.4
Balance amount of Realisable Value of securities that will be left with the
Bank after release of the proposed security. (Sr. 10.1 minus 10.3)
10.5
10.6
Book
Balance
MOI
MLE +
MOX
10.7
10.8
10.9
10.10
Total
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ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
Annexure 11
Details of Pending Legal Proceedings, if any, by and against the Bank
Sr.
No.
Issues involved /
Details of the case
Present Status
Next
Hearing on
Annexure - 12
Detailed Recommendations of Branch Manager
Annexure 13
Detailed Recommendations of Zonal Manager
Annexure 14
1.
2.
3.
4.
5.
6.
A
ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
ANNEXURE C- REC -2
DRAFT OF THE COMMUNICATION OF COMPROMISE SANCTION TO BE SENT BY
THE BANK TO BORROWERS / GUARANTORS/ MORTGAGERS ETC.
( Non-Suit filed accounts)
"WITHOUT PREJUDICE TO THE
RIGHTS OF THE BANK"
To
Dear Sir/s,
Sub: Accounts M/s
compromise settlement
with
A
ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
____________________Br.
ANNEXURE- D
DRAFT OF THE COMMUNICATION OF COMPROMISE SANCTION TO BE SENT BY THE
BANK TO BORROWERS / GUARANTORS/ MORTGAGERS ETC.
( Suit filed accounts)
"WITHOUT PREJUDICE TO THE RIGHTS OF THE BANK"
Under the O.S./O.A/T.A.No. / DECREE AWARDED IN THE COURT OF .
To
Dear Sir/s,
Sub: Accounts M/s
Proposal for compromise settlement
with
branch --
Branch
REC. FORM 1
____________________Br.
Date of Sanction
Branch
Name of Borrower
Account No
Nature of Facility
Sanctioned
Date of Sanction of
Loan/Facility
Sanctioning Authority
for
________________
NPA Date
Branch / Zone :
Book Balance
MOI
10
MLE
11
Total Dues
12
Sanctioning Authority
for
14
Write Off
16
Waiver
17
Recovery
18
Asset Class
19
Provision
20
Whether Classifed
under Willful Default
Activity/
Occupation of the
22
25
Security
SIGNATURE of BM/ZM
Date:
21
26
Sector
COMPROMISE PROPOSALS CONSIDERED UNDER THE FINANCIAL POWERS OF GM/ DGM/ AGM/ CMs at ZO/ BRANCH MANAGER
(SCALE I, II, III,IV)
(To be submitted to the next higher authority within the 5th of the succeeding month)
ANNEXURE E
27
Sub Sector
_______Branch
ANNEXURE -F
REC. FORM II
COMPROMISE PROPOSAL -- COMPLIANCE REPORT
(to be submitted within the 5th of the succeeding month)
A/c_____________________
Ref: Sanction communication No.
dt.
Amount
Appropriated to
Principal
interest
Place : ____________
____________
Date : ____________
BRANCH MANAGER
To
Zonal Manager
Indian Bank
Zonal Office
_______________
_______Branch ________Zonal
Office
ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
ANNEXURE- G
5. Amount offered
6. Sacrifice (4 minus 5)
7. Of 6 above
a) Waiver :
b) Write off :
9. Sanctioned by
10.Amount sanctioned
:
:
_______Branch ________Zonal
Office
ANNEXURE II - ADV 160/2012-13 DT. 30.03.2013 ON RECOVERY POLICY 2013-14
ANNEXURE - H
NO DUE CERTIFICATE
To
M/s / Shri..
..
Sir,
Sub : Loan Account of M/s with our Branch
We wish to inform that in the above borrowal account, pursuant to the OTS/compromise
offered by M/s bank agreed to receive a sum of
Rs.. (Rupeesonly) towards full and final
settlement
of
the
outstanding
in
the
subject
borrowal
account
viz.
Rs(Rupees.onl
y)
involving
sacrifice
of
Rs...
(Rupees.only). Accordingly the OTS/compromise amount of
Rs (Rupees.only) has
been paid in full and as on date there is no dues to the Bank in the subject account.
Yours faithfully,
Branch Manager.