22nd August, 2002
Ministry of Law & Justice  


PRESIDENT PROMULGATES ORDINANCE FOR RECOVERY OF DEBTS


The President has re-promulgated the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Ordinance, 2002. Numbered as Ordinance No. 3 of the year 2002, it seeks to replace the similar Ordinance promulgated first on June 21, 2002.

The Ordinance seeks to deal with three distinct actions in respect of financial assets held by banks and financial institutions in the form of securitization of financial assets, setting up of assets re-construction companies and enforcement of security interest.

The Centre and the Reserve Bank of India (RBI) have advised banks and financial institutions to take several steps for recovery of dues by evolving and implementation of recovery policy, compromise settlements through Settlement Advisory Committee and Monitoring and follow-up of Non Performing Assets (NPAs) at various levels in the banks. The banks have also been advised to use the forum of Lok Adalats for compromise settlements of their NPAs and guidelines have been issued by the RBI in may 2001 for making use of Lok Adalats to settle disputes involving outstanding balance in NPA accounts up to Rs. 5 lakhs. Besides, Credit Information Bureau (CIB) is being set up to disseminate information on borrowers to the banks.

Meanwhile, the Debut Recovery Tribunals (DRTs), over a period, registered a substantial improvement in the recovery of debts due to banks and financial institutions. The amount recovered through DRTs increased from 752 crores in 1999-2000 to Rs. 1,185 crores in 2000-2001 and to Rs. 2153 crores during 2001-2002. The size of debts for recovery before DRTs is of the order of Rs. 1,10,000 crores as against the size of the Union Budget at Rs. 4,50,000.

 
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