PUNJAB & SIND BANK
HO LAW & RECOVERY DEPTT.
RAJENDRA PLACE NEW DELHI
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LAW CIRCULAR NO. 197 DATED: 24.10.2009
ALL BRANCHES /CONTROLLING OFFICES
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REG:- GUIDELINES ON ONE TIME SETTLEMENT FOR MICRO AND SMALL ENTERPRISES (MSE) ACCOUNTS
 
As per the approval of the Board of Directors, the under noted guidelines on one time settlement of micro and small enterprises (MSE) accounts are being circulated for implementation.
 
(I) COVERAGE
   
I.1 The guidelines will cover:
   
a) All NPAs in MSE sector, including technically written off accounts , with present book outstanding or amount technically written off upto Rs 25 lacs, which have been categorized as doubtful or loss on or before 31st March, 2009 .
b) All NPAs, in MSE sector, in which Bank has initiated action under  SARFAESI Act, 2002 and also the cases pending before DRT/Courts/BIFR/ RC filed cases/decreed cases (excluding cases where consent decree has been obtained in any court/DRT.)
c) NPA  accounts, in  MSE sector,  in which Bank had approved a settlement but the same has expired.
   
I.2 The guidelines will not cover :
   
a) Cases of  malfeasance, wilful default and fraud. Such cases will continue to be dealt with as per Bank’s General Recovery Policy.
b) Cases in which the borrower has already executed a consent decree in a court/DRT.
c) Cases in which Bank has approved a settlement  and the same is still valid.
d) Accounts already adjusted shall not be reopened and amount recovered shall not be refunded in any case.
   
1.3. The last date for receipt of applications for above category of NPA/TWO borrowal accounts would be 31.12.2009 and the same would be processed latest by 28.02.2010.
   
I.4 STAFF CONNECTED CASES
   
  Borrowal a/cs in the name of any staff member or his/her spouse will not be eligible  for settlement under the present policy.  A/cs guaranteed by the staff member or where undertaking by any staff member to repay the loan is on record, will also not be covered under the policy.
   
  However, accounts in the name of relatives of staff and cases of ex staff members whose terminal benefits have been paid by the bank will be covered under the policy.
   
I.5. DEFINITION OF  MSE 
   
  In terms of the  RBI master circular No. RPCD.SME & NFS.BC.No.10/06.02.31/2009-10 dated 01.07.2009, the definition of MSE is as under:
1(a) Enterprises engaged in the manufacture or production , processing or preservation of goods as specified below:
   
 

i/ A micro enterprise is an enterprise where investment in plant and machinery does not exceed Rs 25 lacs.

ii/ A small enterprise is an enterprise where the investment in plant and machinery is more than 25 lacs but does not exceed Rs 5 crores;

In case of the above enterprises, investment in plant & machinery is the original cost excluding land & building and items specified by the Ministry of Small Scale Industries vide its notification No. S.O.1722(E) dated .5.10.2006(Annex 1).

   
1(b) Enterprises engaged in providing or rendering of services and whose investment in equipment (original cost excluding land & building and furniture, fittings and other items not directly related  to the service rendered or as may be notified under the MSMED Act 2006) are specified below:
   
 

i/ A micro enterprise is an enterprise where investment in equipment  does not exceed Rs 10 lacs .

ii/ A small enterprise is an enterprise where investment in equipment is more than  Rs 10 lacs  but does not exceed Rs 2 crores.

   
  The indicative list of activities considered as manufacturing/ service has been given in Annex.II to HO PS Circular No 390 dated 29.09.2009 and PS Circulatory letter No 68/2009 dated 09.10.2009.
   
1.1 Khadi & Village Industries Sector(KVI)
   
 

All advances granted to units in the KVI sector, irrespective of their size of operations, location and amount of original investment in plant & machinery will be covered under the small enterprise segment within the priority sector.

   
1.2. Indirect finance to MSE
   
i) Persons involved in assisting the decentralized sector in the supply of inputs and marketing of outputs of artisans, village and cottage industries.
   
ii) Advances to cooperatives of producers in the decentralized sector viz., artisans, village and cottage industries.
   
iii) Loans granted by banks to NBFCs for on-lending to small & micro enterprises(manufacturing as well as service)
   
  II- SETTLEMENT  AMOUNT
(a)

MRA: The minimum recoverable amount (MRA) under these guidelines  will be 100% of the book outstanding in the account as on the date on which the account had been classified as Doubtful /Loss, PLUS litigation expenses & other expenses incurred or become due which include present & future expenses on account of SARFAESI action/Recovery Agents/Detective Agents etc. PLUS DICGC/ECGC/CGTMSE claim appropriated in the a/c, if any which is to be refunded back  MINUS recoveries made in the account after the date of classification of the account as Doubtful/Loss. In technically written off a/cs, the MRA will be the amount as arrived at above PLUS the  amt. technically written off.

   
(b) NPV: The method of calculation of Net Present Value (NPV)of securities, though already  explained in Law Circular No 195 dated 01.04.2009, is reproduced hereunder.
   
  CALCULATION OF NPV OF REALIZABLE VALUE OF SECURITIES
   
 
(a)
Gross Net Present Value of Realizable value of charged securities =

Realizable Value of charged securities
------------------------------------------------
[1 + r/100] n

r = Prevailing PLR of the Bank.

   
n = No. of Years for realization of securities, which shall generally be a period of One Year.       
(b) From the amount calculated as (a) above, 5% shall be deducted as expenses towards cost/expenses/Fee payable to Enforcement Agent etc. for realization of securities.
(c)

Net Present Value of Realizable Value of Charged Securities = (a) – (b)

   
  EXCEPTION: Calculation of NPV not required in Direct Agricultural Advances and NPAs under Govt. Sponsored Schemes.
   
  However,  for the purpose of this scheme, only those securities shall be considered which are available to the Bank as security but shall not include the properties  `restrained’  by the order of any court but not attached.
   
  The settlement amount shall be higher of  (a) and (b), subject to maximum of total recoverable amount.
   
  For the purpose of this scheme, the notional recoverable dues and total recoverable dues will have the same meaning as given in Law Circular No 195 dated 01.04.2009, as also reproduced hereunder:
   
  CALCULATION OF NOTIONAL  AND ACTUAL RECOVERABLE DUES
   
(a) 

NOTIONAL RECOVERABLE  DUES:

  For the purpose of processing of settlement proposal, the notional recoverable dues are to be calculated in the following manner.
   
i) Non suit filed accounts: Interest (without penal interest) to be applied at the rates as per HO circulars issued from time to time on compounded basis since inception upto the date of categorization of account as NPA and thereafter on simple basis upto date.
ii) Suit filed accounts: Interest (without penal interest) to be applied on the suit amount, at the rate as prayed in the plaint, on simple basis w.e.f. the date of suit PLUS litigation expenses, upto date.
iii) Decreed accounts: Interest to be applied as per the terms of decree PLUS costs awarded, upto date.
iv) Appeal filed cases: As per appeal, if appeal has been filed against the decree PLUS litigation expenses upto date.
   
 

Please note that the above calculations are ONLY for the purpose of arriving at the notional concessions involved in the case.

   
(b) TOTAL RECOVERABLE  DUES:
   
  Please, note that the notional recoverable dues are different from actual Total Recoverable Dues in the sense that the latter include up to date memoranda interest (i.e. actual interest along with penal interest, if any, on compounded basis as applicable from time to time /plaint/decree/appeal). However, in Decreed cases where appeal has not been filed, Total Recoverable Dues shall be equal to the decreetal amount
   
 

(III)PAYMENT:

   
 

The amount of settlement arrived at as above, shall preferably be paid in lump sum.  In cases where the borrowers are unable to pay the entire amount in lump sum, at least 25% of the amount of settlement shall be paid upfront within 30 days of the communication of approval of settlement to the party and the balance amount of 75% should be recovered in instalments within a maximum period of one year. Interest @ existing PLR, on simple basis, shall also be recovered from the date of settlement up to the date of final payment. In such cases, cheques towards the repayment of settled amount are to be obtained in advance. In case the entire amount is paid within 30 days, no interest would be payable.

   
  IV   SANCTIONING AUTHORITY
   
(1) Irrespective of the amount of concessions involved, the decision on the one time settlement shall be taken by the concerned Zonal Manager, on the recommendations of the relevant Settlement Advisory Committee.
   
(2)

In order to bring transparency and fairness in decision making, the official who had allowed the last sanction/enhancement of credit facilities to the borrower:

   
a) Shall not exercise the powers delegated to him for Settlement/waiver in respect of the concerned borrower.  Such cases may be considered by the authority, immediately next higher to the authority in whose powers the case otherwise falls.
   
b) Shall not participate in the proceedings of Settlement Advisory Committee where the compromise/settlement proposal of the concerned borrower comes up for consideration.
   
 

The fact/reasons of his non participation in the relative meeting, shall be recorded in the minutes/office note.

The Branches/ZOs are advised to specifically record the name of last sanctioning/enhancing  official in the settlement proposal form, without which no proposal should be considered/sanctioned by the competent authority.

   
(3) OTS approved under the scheme shall be placed before the next higher authority(LHO/HO) for post facto scrutiny on monthly basis.
   
  V     NON DISCRETIONARY TREATMENT:
   
 

The above guidelines for one time settlement of NPAs are applicable without discrimination.  Branches should give wide publicity to the scheme and give immediate notice to all the eligible defaulting borrowers latest by 30.11.2009 to avail of the opportunity for one time settlement of their outstanding dues in terms of these guidelines

   
  VI  - FORMAT FOR PREPARATION OF SETTLEMENT PROPOSALS
   
  The format for preparation/submission of settlement proposal under the scheme is enclosed.
   
  VII    MONITORING OF THE SCHEME
   
 
  1. As the above scheme is time bound and is valid up to 31.12.2009( last date of receipt of applications from the borrowers), the ZMs are required to personally monitor the scheme for its effective implementation.

  2. ZMs shall be submitting the monthly consolidated data of their Zone giving details of settlements made to MIS Section at HO Law & Recovery Department.
   
 

VIII. CASES NOT COVERED UNDER THE POLICY FOR MSE SECTOR.

   
  The cases which do not fall under the above policy shall continue to be covered under Bank’s Recovery Management Policy, Circulated vide Law Circular No 195.
   
  IX. DEVIATION ONLY BY  BOARD OF DIRECTORS.
   
 

Any deviation from the above settlement guidelines for any borrower shall be made only by the Board of Directors.

It may, however be ensured that no deviations are to be encouraged and only cases falling within the framework of  above Guidelines are entertained.

   
  X. ACCOUNTS  BELONGING TO A GROUP
   
 

Different a/cs belonging to a group can also be dealt with individually but the connected/ common securities shall not be released till all the accounts of the group are adjusted.

   
  XI. GRANTING OF CREDIT FACILITIES IN FUTURE
   
 

No further credit facility in any shape whatsoever will be allowed to the borrower or guarantor(s) in future, except where the borrowers have suffered losses due to riots etc.  In case, the guarantors are already availing credit facilities and their accounts are classified as "Standard" no further enhancement will be allowed.

Fresh/additional credit facility in case of guarantor(s), where the guarantor(s) are not availing credit facilities or are already availing credit facilities, will be considered only if the guarantors themselves were instrumental in getting recoveries through settlement and their accounts ( if already availing credit facility) were classified as standard. Such cases, as per this para are to be dealt with at Head Office only.

It is clarified that the cases involving i) waiver of penal interest and overdue interest, ii) rectification of the interest rates charged in the past, iii) concessions in the future rates of interest only under a rehabilitation package of a sick industrial company/weak unit/sick SSI unit, iv) adjustment of an account under an interest subsidy scheme/other subsidy schemes announced by the Government and v) refund of DICGC/ECGC guarantee fee wrongly debited to the account will not be considered as settlement cases for the purpose of this Para and hence will continue to be  eligible for credit facility in future.

   
  XII. STAFF ACCOUNTABILITY ASPECT
   
 

It should be ensured that Staff accountability is examined before considering the proposal for settlement and a certificate on the enclosed format is placed on record.

We hope that the above guidelines will facilitate the field functionaries in effecting maximum recoveries/reduction in NPAs, keeping in view the spirit in which the above guidelines have been issued.

   
   
 

GENERAL MANAGER(L&R)

   
 

APPRAISAL & SANCTION NOTE IN TERMS OF LAW CIRCULAR NO 197 DATED 24.10.2009 FOR ONE TIME SETTLEMENT  UNDER POLICY IN RESPECT OF ELIGIBLE NPAS UNDER MSE SECTOR.

 
1. NAME OF THE BRANCH  
2. NAME OF THE BORROWER  
3. DATE/AMT/PURPOSE OF ADVANCE  
3(A). CATEGORY/ACTIVITY OF ADVANCE  
     
4. PRESENT BOOK O/S(PLUS AMT  
   TECH. WRITTEN OFF, IF ANY)  
     
4(A) TOTAL RECOVERABLE AMOUNT  
  (AS CALCULATED IN TERMS OF LAW CIRCULAR NO. 195 DATED 01.04.2009)  
     
5. ASSET CLASSIFICATION AS ON 31.03.2009  
 

(ACCOUNT MUST HAVE BEEN DECLARED AS DF/LOSS ON OR BEFORE 31.03.2009)

 
     
6. NAME OF LAST SANCTIONING /ENHANCING  
  AUTHORITY OF FACILITY  
     
7 DATE WHEN THE A/C BECAME DF/LOSS ASSET:  
     
8. SETTLEMENT AMOUNT AS PER POLICY  
     
(A1). MRA(Minimum Recoverable Amount) FOR NPAs  
     
 
S.No. PARTICULARS Amount (Rs)
i) Balance o/s on (date)…………….on which the a/c was categorized as Doubtful/Loss  
ii) Plus:Litigation & other expenses* incurred or become due  
iii) Minus: Recovery effected in a/c after the date as per item i)  
iv) Minimum  Recoverable  Amount(MRA) (i)+(ii)-(iii)  
     
(A2) FOR TECHNICALLY WRITTEN OFF ACCOUNTS  
     
 
S.No. PARTICULARS Amount (Rs)
i) Balance o/s in books  
ii) Plus: Amount technically written off  
iii) Plus:Litigation & other expenses* incurred or become due  
iv) Plus: DICGC/ECGC/CGTMSE claim appropriated, required to be refunded back  
v) Minus: Recovery effected in a/c after the date was classified as Doubtful/Loss or after the date of technical write off  
vi) Minimum Recoverable Amount(MRA):  (i)+(ii)+(iii)+(iv)-(v)  
     
 

* other expenses include: present & future expenses on account of SARFAESI action/Recovery Agents/Detective Agents etc.

     
(B) NET PRESENT VALUE(NPV) OF SECURITIES AVAILABLE IN THE ACCOUNT BUT  EXCLUDING THOSE RESTRAINED BY COURT BUT  NOT ATTACHED
     
  i/ Realisable value of securities as per  
 

valuation report dated…………….

 
     
  ii/ Realisable value of securities  as per  
  BM/2nd man certificate dated………..  
     
  iii/ Value of securities reported in the  
  last  SLA as on ………..  
     
 

(The valuations should not be more than 6 months old. Any major variations in i/ ,ii/ &  iii/  should be properly accounted for and higher of  i/ & ii/  should be considered)

     
 
(a)
Gross Net Present Value of Realizable value of charged securities =

Realizable Value of charged securities
------------------------------------------------
[1 + r/100] n

r = Prevailing PLR of the Bank.

   
n = No. of Years for realization of securities, which shall generally be a period of One Year.       
(b) From the amount calculated as (a) above, 5% shall be deducted as expenses towards cost/expenses/Fee payable to Enforcement Agent etc. for realization of securities.
(c)

Net Present Value of Realizable Value of Charged Securities = (a) – (b)

     
(C) SETTLEMENT AMOUNT  (HIGHER OF A & B) =   Rs.____________________
     
 

( SUBJECT TO MAXIMUM  OF TOTAL RECOVERABLE AMOUNT AS PER 4(A) ABOVE)

     
9. CALCULATIONS OF NOTIONAL CONCESSIONS  
     
i. Notional recoverable dues calculated up  
  to the date of settlement  
     
ii Settlement Amount, as at  8(C)  above  
     
iii Notional concessions (9i-9ii)  
     
10. EFFECT ON  BANK’S  REVENUE  
     
i. Settlement Amount Rs.
ii. Provision  held in the a/c +)Rs.
iii. Present Book o/s (-) Rs.
iv. Effect on Bank’s Revenue (+/-)

Rs.

     
11. CERTIFICATE  BY THE BM AND ZONAL MANAGER
     
a) It is certified that the account is eligible for settlement under the scheme for MSE Sector as per policy guidelines on the subject.
b) It is certified that the borrower is not a wilful defaulter.
c) It is certified that the borrower is not a staff member of the bank or spouse of staff member of the bank.
d)

It is certified that it is not a case of fraud or malfeasance .

e) It is certified  that in the said account , no consent decree has been executed in any court.
f) It is certified that in the account no earlier settlement is alive as on the date of present settlement.
g) It is certified that the sanctioning authority had not  last sanctioned/enhanced the credit facilities.
h) It is certified that borrower/guarantors are not related to sanctioning authority.
i)

It is certified that the securities available in the account have been verified by the BM and valuation certificate by Bank’s approved valuer and BM/2nd man valuation certificate have been placed on record.

     
12. BRANCH  MANAGER’S  RECOMMENDATIONS:
     
     
     
     
    Signature of the Branch Manager
    ( Name of the BM___________________)
     
13.

ZONAL MANAGER’S RECOMMENDATIONS(The staff accountability certificate on the enclosed format should invariably accompany the recommendation)

     
     
     
     
     
    Signature of the Zonal Manager
    (Name of the ZM___________)
     
     
 
STAFF ACCOUNTABILITY CERTIFICATE
____________________________________________________________________________________Dated:.................
 
REG: ____________________________________________
 
B.O. ____________________________________________
 

We have looked into the staff accountability aspect of the captioned case and have to certify that:-

 
  • There is no fraud, by staff, involved in the case. (If there is any fraud involved, please submit details and action taken report)

  • There is no vigilance angle involved in the case (If there is any vigilance angle involved, please submit details and action taken report)

  • Account became NPA due to factors beyond control of staff / staff lapses have contributed to the account becoming NPA (In the later case submit details and action taken report)
  • No staff member is held accountable in the captioned case / the following staff members have been held accountable in the captioned case and action initiated / taken is as under: -  (please give details)
 
 
 
ZONAL MANAGER
ZONAL OFFICE......................
 
 
 
MONTHLY STATEMENT OF SETTLEMENTS IN ELIGIBLE NPAs UNDER MSE SECTOR AS PER LAW CIRCULAR NO.197 DATED 24.10.2009, FOR THE MONTH OF .................
ZONAL OFFICE....................
 
S.NO. BRANCH
OFFICE
NAME OF
BORROWER
DATE/AMT OF
ADVANCE
SECTOR
CODE
ASSET CLASS.
31.03.2009
PRESENT BOOK
O/S(+ T.W.O.
AMT., IF ANY)
TOTAL
RECOVERABLE
DUES
NPV OF
REALIZABLE
VALUE OF
SECURITIES
MRA NOTIONAL
CONCESSIONS
EFFECT ON
BANK'S
REVENUE
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
 
IT IS CONFIRMED THAT STAFF ACCOUNTABILITY ASPECT HAS BEEN LOOKED INTO IN ALL THE ABOVE ACCOUNTS .
     
DATED...............   ZONAL MANAGER