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    INTRODUCTION OF TOPIC

    The accumulation of huge non-performing assets in banks has assumed great

    importance. The depth of the problem of bad debts was first realized only inearly 1990s. The magnitude of NPAs in banks and financial institutions is overRs.1,50,000 crores. While gross NPA reflects the quality of the loans made by

    banks, net NPA shows the actual burden of banks. Now it is increasinglyevident that the major defaulters are the big borrowers coming from the non-

    priority sector. The banks and financial institutions have to take the initiativeto reduce NPAs in a time bound strategic approach. Public sector banks figure

    prominently in the debate not only because they dominate the bankingindustries, but also since they have much larger NPAs compared with the

    private sector banks. This raises a concern in the industry and academia

    because it is generally felt that NPAs reduce the profitability of a banks,weaken its financial health and erode its solvency. For the recovery of NPAs a

    broad framework has evolved for the management of NPAs under whichseveral options are provided for debt recovery and restructuring. Banks and FIshave the freedom to design and implement their own policies for recovery andwrite-off incorporating compromise and negotiated settlements.

    Source of data collection

    The data collected for the study was secondary data in Nature.

    Scope of the Study

    Concept of Non Performing Asset

    Reasons for NPAs

    Preventive Measures

    Tools to manage NPAs

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    CH-1 INTRODUCTION ABOUT BANKING

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    MEANING OF BANK:

    Bank is one type of organization or institute which deals in money. it

    means bank related with monitory activity. Bank received money from public

    and gives the needy personas advance class of bank.

    The bank is derived from the Latin word bonous or banca means

    bench. A bank refers to the function of accepting deposits, lending, repaying the

    deposit money of demand and functioning and agent whenever as

    ked.

    Banking Regulation Act of India, 1949 defined banking as Accepting

    for the purpose of lending or investment of deposit of the money from public,

    repayment of demand or otherwise & withdrawal by cheque, draft, and order.

    Banking is establishment which makes to individual, such advances of

    money as may be required & safely made to which individuals entrustedmoney when not needed by them for use.

    -Walter leat

    Most of the banking activities a bank performs are derived from the

    above definition. In addition bank are allowed to perform certain activities

    which are ancillary to This business of accepting deposits and lending a bank

    relationship with the public therefore ,revolves around accepting deposit and

    lending more both domestics & foreign from one place to another place.

    The banking activities

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    HISTORY OF BANK IN INDIA:

    Without a sound and effective banking system in India it cannot have

    a healthy economy. The banking system of India should not only be hassle free

    but it should be able to meet new challenges posed by the technology and other

    external & internal factors.

    For the past three decades Indias banking system has several

    outstanding achievements to its extensive reach. It is no longer confined to only

    metropolitans or cosmopolitans in the India. In fact Indian banking system has

    reach even to the remote corners of the country. This is one of the main reasons

    of Indias growth process.

    The governments regular policy for Indian bank since 1969 has paid reach

    dividend with the nationalization of 14 major private banks of India. not long

    ago ,on account holder had to wait for hours at the bank counters for getting a

    draft or for withdrawing his own money. Today, he has a choice gone are days

    when the most efficient bank transferred money from one branch to another

    branch in two days now it is simple as instant messaging or dial a pizza. Money

    has become a order of the day. The first bank in India, though conservative was

    established in 1786. From 1786 till today the journey of Indian banking system

    can be segregated in to three distinct phases. They are as mention below:

    PHASES

    1. Early phase from 1786to 1969 of Indian banks.

    2. Nationalization of Indian bank and up to 1991 prior to Indian banking

    sector reforms.

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    PHASE-2

    Government of India took major steps in this Indian banking sector

    reform after independence in 1955 it nationalized imperial bank of India with

    extensive banking facility on a large scale especially in rural and semi urban

    areas. it formed state bank of India to act as the principle agent of RBI and to

    handle banking transaction of the union and state governments allover country.

    Seven bank forming subsidiary of state bank of India was nationalized in 1960

    on 19th July, 1969, major process of nationalization was carried out it was the

    effort of then prime minister of India, Mrs. Indira Gandhi. 14 major commercial

    banks in country were nationalized.

    Second phase of nationalization of Indian banking sector reform was

    carried out in 1980 with seven more banks. This step bought 80% of the

    banking segment in India under government ownership. The following are the

    stapes taken by government of India to regulate banking institution in the

    country.

    1949: Enactment of banking regulation.

    1955: Nationalization of SBI.

    1959: nationalization of SBI subsidiaries.

    1961: Insurance cover extended to deposits.

    1969: Nationalization of 14 major banks.

    1971: Creation of credit Guarantor Corporation.

    1975: Creation of regional rural bank.

    After nationalization of Banks, the branches of the public sector bank India

    realized to approximately 800% in deposits and advances took a huge jump by

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    11000% banking in the sunshine of government ownership gave the public implicit

    faith and immense confidence about the sustainability of this institution.

    PHASE-3

    This phase has introduced many more products and facilities in the

    banking sector in its reforms measures in 1991 under the chairmanship of

    M.narasimham, a committee was set up by this name which worked for the

    liberalization of banking practices.

    The country is flooded with the foreign banks and their ATM

    stations efforts are being put to give a satisfactory service to customers. Phone

    banking, net banking, is introduced the entire system becomes more convenient

    and swift time is more important than money.

    The financial system of India has Shawn great deal of resilience. It is

    sheltered from any crisis triggered by any external macroeconomics shock as

    other East Asian country suffered. This is all due to a flexible exchange rate

    regime, the foreign reserves are high, the capital amount is not yet fully

    convertible, and banks and their customers have limited foreign exchange

    exposure.

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    CLASSIFICATION OF BANKS:

    1. Commercial banks:

    Commercial banks perform all the business transaction of a typical bank.

    Commercial bank accepts three types of deposits.

    The saving deposit

    Fixed deposit

    Current deposit

    The commercial banks confines their activities to day to day functions of

    trade & industry for short duration they provide funds only short term needs or

    trade & commerce.

    2.Industrial banks:

    Industrial banks are those banks which provide funds on long term base for

    industries. The banks have specialized in providing long term loans to

    industries with a view to buy plant &Machinery and Obtain funds through share

    capital, debenture& long term deposits from bank.

    3.Exchange banks:

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    Exchange banks are known as foreign banks or foreign exchange banks

    which provide foreign exchange for import trade their main functions are to

    make international payment through the purchase &sell of exchange bill.

    4. Co-operative banks:

    Co-operative banks are promoted to meet the banking requirement of

    customers not only in urban areas but also the rural areas. The co-operative

    banks functions like commercial bank receiving deposits and lending money.

    They provide short medium term loans. The co-operative bank performs several

    functions connected with agriculture, industry trade, transport etc

    5. Saving banks:

    Saving banks are specified financial institution establish to mobilize

    saving from the people generally they pool savings of the small incomes of the

    community the banks are also offer interest on these deposits. The deposits are

    allowed to withdrawal from their accounts as and when necessary.

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    CH-2 INTRODUCTION OF BANK OF INDIA

    Bank of India was founded on 7th September, 1906 by a group

    of eminent businessmen from Mumbai. The Bank was under

    private ownership and control till July 1969 when it was

    nationalised along with 13 other banks.

    Beginning with one office in Mumbai, with a paid-up capital of

    Rs.50 lakh and 50 employees, the Bank has made a rapid

    growth over the years and blossomed into a mighty institution

    with a strong national presence and sizable international

    operations. In business volume, the Bank occupies a premier

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    position among the nationalised banks.

    The Bank has 3101 branches in India spread over all states/

    union territories including 141 specialised branches. These

    branches are controlled through 48 Zonal Offices . There are 29

    branches/ offices (including three representative offices)

    abroad.

    The Bank came out with its maiden public issue in 1997 and

    follow on Qualified Institutions Placement in February 2008. .

    Total number of shareholders as on 30/09/2009 is 2,15,790.

    While firmly adhering to a policy of prudence and caution, the

    Bank has been in the forefront of introducing various

    innovative services and systems. Business has been conducted

    with the successful blend of traditional values and ethics and

    the most modern infrastructure. The Bank has been the first

    among the nationalised banks to establish a fully computerised

    branch and ATM facility at the Mahalaxmi Branch at Mumbai

    way back in 1989. The Bank is also a Founder Member of SWIFT

    in India. It pioneered the introduction of the Health Code

    System in 1982, for evaluating/ rating its credit portfolio.

    The Bank's association with the capital market goes back to

    1921 when it entered into an agreement with the Bombay

    Stock Exchange (BSE) to manage the BSE Clearing House. It is

    an association that has blossomed into a joint venture with

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    BSE, called the BOI Shareholding Ltd. to extend depository

    services to the stock broking community. Bank of India was the

    first Indian Bank to open a branch outside the country, at

    London, in 1946, and also the first to open a branch in Europe,

    Paris in 1974. The Bank has sizable presence abroad, with a

    network of 29 branches (including five representative office) at

    key banking and financial centres viz. London, Newyork, Paris,

    Tokyo, Hong-Kong and Singapore. The international business

    accounts for around 17.82% of Bank's total business.

    LOGO OF BANK OF INDIA

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    Our Mission

    "to provide superior, proactive banking services to niche markets globally,while providing cost-effective, responsive services to others in our role as adevelopment bank, and in so doing, meet the requirements of our stakeholders".

    Our Vision

    "to become the bank of choice for corporates, medium businesses and upmarketretail customers and to provide cost effective developmental banking for small

    business, mass market and rural markets"

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    AWARDS&ACCOLADES

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    The NDTV business leadership awards 2008-Indiasbest PSU bank

    award.

    Business world-PWC survey-no.1 public Sector bank.

    Business today KPGM Survey ranked No.1 The best banks

    2008.

    Dun &Bradstreet study 2008- Best Public sector Bank and overall

    best bank in the country.

    Dun &Bradstreet-rolta corporate awards 2008-top Indian company

    under banks.

    Best performance in western zone under the rural employmentgeneration program of KVIC.

    BRANCH NETWORK & EXPANSION

    The Bank has a geographically well-spread branch network in

    India and abroad. The Bank 3207 branches in India as at the

    end of March 2010. In the foreign countries, 24 branches and 5

    representative offi ces keep our presence felt in all time zones

    and important fi nancial centres of the globe.

    During the year 2009-10, Bank opened 186 new branches

    including 13 Extension Counters converted into full-fl edged

    branches. Distribution of these branches is Metropolitan 43,

    Urban 39, Semi-Urban 77 and Rural 27.

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    MARKETING & PUBLICITY

    Marketing has been an important focus in the Bank to induct

    new customers and create a set of customer centric processes

    for enhancing value for them. A team of over 1000 proactive

    and well trained personnel for focused marketing and

    relationship efforts has been placed in all the zones.

    For automating the entire Sales Force process and consequently

    better administration of marketing staff, Sales Force Automation

    (SFA) Software Package has been launched and made LIVE

    from 01.02.2010 in all the zones. The system will effectively

    capture, monitor, track, close and analyze leads generated

    during pre-sales process. This system will also be used for

    administering the incentive schemes as well.

    The Bank has with a view to enhance its corporate image and

    identity, initiated media campaigns on the existing theme

    "Relationships beyond Banking". Towards this end three TVCs

    were produced in line with our Relationship theme viz. Old

    Couple, Friends and Bus which were aired on both National as

    well as Regional Channels.

    Bank has also been advertising our products in newspapers,

    magazines, television, hoardings, banners, bus panels, trains,

    glow signs at railway stations, events and sponsorships, leafl ets

    and brochures.

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    CH-3 INTRODUCTION OF NPA

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    PREAMBLE

    Lending is a business associated with risks. One of the risks being risk of

    default. Banks being commercial organisations have to continue lending

    activity to earn profits. Profitability very much depends on how Banks are able

    to roll over their advances portfolio. Rolling over of advances would be

    possible only if there is a timely recovery of money lent. Prompt recovery of

    Loans and Advances by Banks not only increases liquidity and profitability but

    it also keeps funds cycle moving by continuous lending for the development of

    the economy. Further, recoveries in written-off accounts/URI/UCI have direct

    and significant bearing on the Banks bottom-line.

    Income Recognition and Asset Classification (IRAC norms) and Capital

    Adequacy norms, Banks have become increasingly sensitive to credit risks and

    there is a growing awareness of the need to keep Non Performing Assets

    (NPAs) at a low level. For all Banks having international exposure, required to

    maintain Capital Adequacy Ratio as per Basel II recommendations, it is

    imperative to abide by stricter risk assessment norms and provision

    requirements.

    With the last modifications in IRAC norms and provision requirement

    announced by the Reserve Bank of India in July 2004, it is implied that an asset

    will require 100% provision after 48 months from the date of the account

    becoming NPA, irrespective of availability of any security or not. The 100%

    provision to be made on an account which does not yield any income to the

    organisation is a severe strain on the bottom line of any Bank. In this context,

    the management of NPA portfolio assumes paramount importance.

    For the focussed attention of NPA Management, we have established 15

    specialised Asset Recovery branches in various main centres.

    Asset Quality

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    Quality of borrower accounts assumes greater importance in the wake of stricter

    Prudential Accounting Norms. The quality of borrowal accounts can be ensured

    by :

    i) Proper and careful evaluation of risks associated with the borrowers andtheir activities;

    ii) Meticulous compliance of pre-sanction / post-sanction formalities;

    iii) Regular follow-up of borrowal accounts to ascertain the efficiency of

    operations and end use of credit;

    iv) Timely recovery of interest and instalment;

    v) Timely detection of symptoms of sickness;

    vi) Timely initiation of corrective measures in respect of irregularities.

    On account of changing market scenario, the monitoring system is required to

    be changed by identifying the risks associated with the individual borrower.

    In order to maintain the quality of assets, Branches may look into the cash flowof the borrowers so as to assess the payment of interest and instalments in time.

    Quality of assets charged to the Bank like stocks, goods, properties mortgaged,

    etc. assumes great significance for their marketability and realisation of the

    values presumed. In order to have a clear picture of the realisable value of

    securities, especially mortgaged immovable assets (land, building, plant and

    machinery) it is advisable that a valuation of the same is done once in every two

    years. Preferably the task may be assigned to a different panel value at each

    time. If the present valuation shows substantial variation from the previous

    valuation (other than on account of standard depreciation) by about 15%

    downwards, we may analyse the case in detail and endeavour to impress upon

    the borrower to provide additional securities.

    Monitoring and Follow Up Measures

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    Zones / Branches / Offices are required to keep updating the master

    circularswith the modifications that may be advised by RBI / our Bank

    from time to time.

    With the Income Recognition and Asset Classification Norms becoming

    stricter, Branches are required to be more alert and proactive in monitoring the

    accounts. For this purpose, monthly interest application has become a useful

    tool to tackle potential delinquencies or defaults in standard accounts. To retain

    the asset quality, Branches should promptly act and :-

    a) Recover the overdues or at least the critical amount through active follow up

    with borrowers;

    b) Put the accounts under holding on operations in case of temporary cash flow

    mismatches;

    c) Reschedule the repayment terms as per expected cash flows;

    d) Restructure the dues in keeping with the expected cash flows and gaps in

    cash flows, if any as per guidelines given in the restructuring policy.

    Any one or more of the above actions should be taken before the account

    becomes NPA as per extant guidelines under Restructuring / Rehabilitation

    Policies. These aspects have been dealt with in detail in the Credit Monitoring

    Policy of the Bank.

    The above measures can also be taken under the auspices of Corporate Debt

    Restructuring mechanism (CDR) and/ or BIFR mechanism, as well as Banks

    own Restructuring Policy which are dealt with separately in their policy

    guidelines by the concerned departments and hence not detailed in this booklet.

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    viii) Filing suit in Court / DRT Execution of decree

    ix) ECGC claim, if any, to be lodged after recalling the advance, reporting the

    default and follow up for early settlement of the claim

    x) Sale of financial assets to ARCs

    xi) Sale of financial assets to Banks / FIs / NBFCs

    xii) Lastly, after all the chances of recovery of dues are exhausted, we may

    resort to writing off of the balance dues

    All these means have to be effectively pursued for resolution of NPAs.

    Appointment of Nominee Director:

    As an effective measure for closely monitoring the NPA accounts where our

    exposure is substantial or where we are the sole bankers (or in consortium

    where we have substantial share), we may appoint Nominee Director in

    consultation with the borrower company. Recommendations for appointing

    Nominee Director shall be submitted by the Zonal Office for approval at Head

    Office. A committee of 3 General Managers shall process the requirement and

    after their clearance, the same shall be submitted to Executive Director andChairman & Managing Director for approval. The Nominee Director shall be an

    official of the Bank, not below the rank of Assistant General Manager, who is

    conversant with the affairs of the company. The appointments (and also

    changes due to transfer/retirement of officials) shall be subject to annual

    review.

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    Prudential norms of income recognition, asset classification & provisioning

    pertaining to impaired assets

    Standard Assets :-

    The standard assets consists of assets which are totally regular, safe and

    conducted as per norms of sanction. However, during the operations of such

    accounts, some of them, at times, show signs of deviations, sickness, out of

    order position wherein they became irregular. When such irregularities are

    noticed, they are classified as Watch Category assets with Code No. 12 but

    continues to be a part of Standard Asset. These accounts need higher level of

    monitoring and have to be regularised before these irregularities continue for

    more than 90 days. Provision requirement for a standard asset (including Watch

    Category asset) is given below:

    i) Amount receivable

    from Govt. of India

    under Agri-Debt

    Waiver Scheme

    0.00%

    ii) Amount receivable

    from Govt. of India

    under Agri-Debt Relief

    Scheme

    0.25%

    iii) Direct advances toagriculture and SME

    Sector

    0.25%

    iv) All other loans and

    advances

    0.40%

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    Definition of an NPA :-

    An asset becomes non-performing when it ceases to generate income to the

    Bank. A non-performing asset (NPA) is defined as a credit facility in respect of

    which the interest and / or instalments of principal has remained overdue for a

    specified period of time.

    The concept of specified period is reduced in a phased manner. The

    shortening of the period is from 4 quarters in 1993 when the concept of IRAC

    norms was first introduced in India to present level of 90 days. 7 8

    Thus in the present context, 90 days overdue norms for identification of NPAs

    has been adopted from 31.3.2004 onwards in all advances except direct

    agricultural advances where the norms are different. Thus from 31.3.2004 an

    advance or loan (other than direct agricultural advance) shall be classified as anNPA where -

    a) Interest and / or instalment of principal remain overdue for a period of more

    than 90 days in respect of a term loan.

    b) The account remain out of order in respect of an overdraft / cash credit for

    more than 90 days.

    c) The bill remain overdue for a period of more than 90 days in the case of bills

    purchased and discounted.

    d) Any amount to be received remains overdue for a period more than 90 days

    in respect of any other accounts.

    In case of direct agricultural advances, w.e.f. 30.9.2004, a loan granted for short

    duration crops will be treated as NPA, if the instalment of principal or interest

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    thereon remains overdue for 2 crops seasons. In case of long duration crops, the

    loan will be treated as NPA if the instalment of principal or interest thereon

    remains overdue for 1 crop season. All direct agricultural loans specified in the

    annexure to our Branch Circular 98/100 dated 26.8.2004 (reproduced from

    Annexure to RBI Circular No.DBOD.BP.BC.102:21.04.048:2003-04 dated

    24.6.2004 RPCD.PLAN.BC.42A:04.09.01:2001-02 dated 11.11.2002) shall

    also be governed by these norms. All other direct / indirect agricultural

    advances including allied activities (not listed in the said annexure) shall be

    governed by 90 days delinquency norms as applicable to other general

    advances.

    Asset Classification

    Categories of NPAs

    Banks are required to classify NPAs further into following categories, based on

    the period for which asset has remained non-performing and realisability of

    dues.

    a) Sub-standard Asset

    b) Doubtful Asset

    c) Loss Asset

    Substandard Asset

    With effect from 31st March 2005, substandard asset is one which has remained

    NPA for a period less than or equal to 12 months. Its Asset Code is 20. The

    provision requirement in substandard asset was earlier flat 10% of the

    outstanding dues, irrespective of the category of the advance (secured or clean).

    Now RBI has removed the CAP on the unsecured exposures and individual

    Bank Boards were given the freedom to formulate their own policy guidelines

    for prudential norms on unsecured exposures. Simultaneous with this

    liberalisation, RBI has made norms of provision requirement on unsecured

    exposure of Banks more stringent. Unsecured exposure is defined as an

    exposure where the realisable value of security as stipulated and ascertained by

    the valuation is not more than 10% `ab initio. That means all clean / unsecured

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    III on or after 1.4.2004 shall require 100% provision as on 31.3.2005 and

    thereafter (irrespective of RVS).

    As an intermediate measure for smooth transition, RBI had implemented

    a graded system of provision requirement at 60% and 75% of the RVS + 100%of shortfall for the year ending 31.03.05 and 31.03.06 for accounts which were

    classified as Doubtful III category as on 31.03.04 (i.e. Stock Doubtful III A/cs).

    However, these accounts also will require 100% provision from 31.03.07

    onwards.

    As per the existing provisioning norms, all accounts entering into or already

    classified as Doubtful III will uniformly require 100% provision as on 31.3.07

    and thereafter.

    Loss Assets Code 40

    A loss asset is one where loss has been identified by Bank or internal or

    external creditors or RBI inspectors but the amount has not been fully written

    off. Such an asset is considered uncollectible and of such little value that its

    continuance is not warranted, even though there may be some small (less than

    10%) salvage recovery value. The provision requirement is 100% of net

    outstanding dues. These loss assets should be gradually written off from the

    books. 10

    Government guaranteed advances

    The credit facilities backed by the guarantee of Central Government though

    overdue may be treated as NPA only when the Government repudiates its

    guarantee when invoked. As per recent RBI guidelines, w.e.f. 31.3.2005, all

    State Government guaranteed advances will attract asset classification and

    provisioning norms if interest and / or principal instalments or any other

    amounts due to the bank remain over due. (i.e. despite the availability of State

    Government guarantee, the accounts will become NPA if they are not

    conducted as standard assets and will require normal NPA classification and

    income recognition and provision norms as applicable to all other NPAs).

    Presently (w.e.f. 31.3.2006), these State Govt. guaranteed accounts will also

    become NPA with 90 days delinquency norms.

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    FACTORS FOR RISE IN NPAs

    The banking sector has been facing the serious problems of the rising NPAs. Butthe problem of NPAs is more in public sector banks when compared to privatesector banks and foreign banks. The NPAs in PSB are growing due to external aswell as internal factors.

    EXTERNAL FACTORS :

    Ineffective recovery tribunal

    The Govt. has set of numbers of recovery tribunals, which works for recovery ofloans and advances. Due to their negligence and ineffectiveness in their work the

    bank suffers the consequence of non-recover, their by reducing their profitabilityand liquidity.

    Willful Defaults

    There are borrowers who are able to payback loans but are intentionallywithdrawing it. These groups of people should be identified and proper measuresshould be taken in order to get back the money extended to them as advances and

    loans.

    Natural calamities

    This is the measure factor, which is creating alarming rise in NPAs of the PSBs.every now and then India is hit by major natural calamities thus making the

    borrowers unable to pay back there loans. Thus the bank has to make largeamount of provisions in order to compensate those loans, hence end up the fiscalwith a reduced profit.

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    Mainly ours farmers depends on rain fall for cropping. Due to irregularities of rainfall the farmers are not to achieve the production level thus they are not repayingthe loans.

    Industrial sickness

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    Improper project handling , ineffective management , lack of adequate resources ,lack of advance technology , day to day changing govt. Policies give birth toindustrial sickness. Hence the banks that finance those industries ultimately endup with a low recovery of their loans reducing their profit and liquidity.

    Lack of demand

    Entrepreneurs in India could not foresee their product demand and startsproduction which ultimately piles up their product thus making them unable topay back the money they borrow to operate these activities. The banks recover theamount by selling of their assets, which covers a minimum label. Thus the banksrecord the non recovered part as NPAs and has to make provision for it.

    Change on Govt. policies

    With every new govt. banking sector gets new policies for its operation. Thus ithas to cope with the changing principles and policies for the regulation of therising of NPAs.

    The fallout of handloom sector is continuing as most of the weavers Co-operativesocieties have become defunct largely due to withdrawal of state patronage. Therehabilitation plan worked out by the Central government to revive the handloomsector has not yet been implemented. So the over dues due to the handloomsectors are becoming NPAs.

    INTERNAL FACTORS :

    Defective Lending process

    There are three cardinal principles of bank lending that have been followed by thecommercial banks since long. i. ii. iii. Principles of safety Principle of liquidity

    Principles of profitability

    i.

    Principles of safety :-

    By safety it means that the borrower is in a position to repay the loan bothprincipal and interest. The repayment of loan depends upon the borrowers:

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    a. Capacity to payb. Willingness to pay

    Capacity to pay depends upon: 1. Tangible assets 2. Success in business

    Willingness to pay depends on: 1. Character 2. Honest 3. Reputation of borrower[Comparative analysis on NPA of Private & Public sector Banks] Page 28

    The banker should, there fore take utmost care in ensuring that the enterprise orbusiness for which a loan is sought is a sound one and the borrower is capable ofcarrying it out successfully .he should be a person of integrity and good character.

    Inappropriate technology

    Due to inappropriate technology and management information system, market

    driven decisions on real time basis can not be taken. Proper MIS and financialaccounting system is not implemented in the banks, which leads to poor creditcollection, thus NPA. All the branches of the bank should be computerized.

    Improper SWOT analysis

    The improper strength, weakness, opportunity and threat analysis is anotherreason for rise in NPAs. While providing unsecured advances the banks dependmore on the honesty, integrity, and financial soundness and credit worthiness ofthe borrower.

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    REASONS FOR NPA:

    Reasons can be divided in to two broad categories:

    A] Internal FactorB] External Factor

    [A] Internal Factors:

    Internal Factors are those, which are internal to the bank and are controllable bybanks.

    Poor lending decision:

    Non-Compliance to lending norms:

    Lack of post credit supervision:

    Failure to appreciate good payers:

    Excessive overdraft lending:

    non Transparent accounting policy:

    [B] External Factors:

    External factors are those, which are external to banks they are not controllableby banks.

    Socio political pressure

    Chang in industry environment

    Endangers macroeconomic disturbances

    Natural calamities

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    Industrial sickness

    Diversion of funds and willful defaults

    Time/ cost overrun in project implementation

    Labour problems of borrowed firm

    Business failure

    Inefficient management

    Obsolete technology

    Product obsolete

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    Types of NPA

    A] Gross NPAB] Net NPA

    A] Gross NPA:

    Gross NPAs are the sum total of all loan assets that are classified as NPAs asper RBI guidelines as on Balance Sheet date. Gross NPA reflects the quality of

    the loans made by banks. It consists of all the non standard assets like as sub-standard, doubtful, and loss assets. It can be calculated with the help offollowing ratio:

    Gross NPAs Ratio

    Gross NPAs Gross Advances

    B] Net NPA:

    Net NPAs are those type of NPAs in which the bank has deducted the provisionregarding NPAs. Net NPA shows the actual burden of banks. Since in India,

    bank balance sheets contain a huge amount of NPAs and the process ofrecovery and write off of loans is very time consuming, the provisions the

    banks have to make against the NPAs according to the central bank guidelines,are quite significant. That is why the difference between gross and net NPA isquite high. It can be calculated by following_ Net NPAs Gross

    NPAsProvisions Gross Advances - Provisions

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    Wilful defaulters :

    Wilful Default is defined as follows :-

    "A Wilful Default would be deemed to have occurred if any of the

    following events is noted :-

    The unit has defaulted in meeting its payment / repayment obligations to the

    lender even when it has the capacity to honour the said obligations.

    The unit has defaulted in meeting its payment / repayment obligations to the

    lender and has not utilised the finance from the lender for the specific purposes

    for which finance was availed of but has diverted the funds for other purposes.

    The unit has defaulted in meeting its payment/repayment obligations to the

    lender and has siphoned off the funds so that the funds have not been utilised

    for the specific purpose for which finance was availed of, nor are the funds

    available with the unit in the form of other assets.

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    SARFAESI Act 2002

    The Securitisation & Reconstruction of the Financial Assets and Enforcement

    of Security Interest Act 2002 (SARFAESI Act 2002)

    The Securitisation and Reconstruction of Financial Assets and Enforcement ofSecurity Interest Act, 2002 is an effective tool in the hands of the Bank to

    enforce the security interests and recover the dues thereby reducing NPAs. The

    Act has three segments

    a) Securitisation and Asset Reconstruction Companies

    b) Central Registry

    c) Enforcement of Security Interest

    This Chapter confines itself to enforcement of Security Interest and gives

    the gist of the salient features of the Act, Rules and important

    instructions. The instructions contained below are to be read alongwith

    the following:

    i) The Securitisation and Reconstruction of Financial Assets and Enforcementof Security Interest Act, 2002;

    ii) The Security Interest (Enforcement) Rules, 2002;

    iii) The Enforcement of Security Interest and Recovery of Debts Laws

    (Amendment) Act, 2004.

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    iv) The Security Interest (Enforcement) Amendment Rules, 2007 i.e.

    02.02.2007.

    v) Security Interest (Enforcement) (Amendment) Rules, 2007 w.e.f.

    26.10.2007.

    The SARFAESI Act enables the Bank wherever the Bank is a secured

    creditor to enforce security interest for recovery of its dues without the

    intervention of the Court or Debt Recovery Tribunal provided that

    secured interest has been properly created in favour of the Bank.

    The term Security Interest has been defined under the SARFAESI Act as

    under:

    Security Interest means right, title and interest of any kind whatsoever

    upon property, created in favour of any secured creditor and includes

    mortgage, charge, hypothecation and assignment

    Criteria for invoking the provisions of the SARFAESI Act.Before enforcing security interest, branches should ensure that the

    borrower accounts comply with the following criteria

    The contractual dues in the account should be Rs.1.00 lakh and above

    The default must have occurred i.e. the account should have become

    NPA as per RBI norms.

    The security charged to the Bank must be specific, clear and available to

    the Bank. It must be duly and effectively charged to the Bank and

    therefore, enforceable if the borrower fails to pay in response to the

    Notice. The security documents in the advance account should be in full force on

    the date of serving the 60 days notice. As an abundant caution, it should

    be ensured that they are in force even at the time of the Action that will

    follow for enforcement of security i.e. at least up to one year from the

    date of serving the notice.

    The security documents should be duly filled in and no column should

    be kept blank.

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    a) Identification of accounts & Obtention of Approval for Action

    the entire NPA portfolio of the Branch should be gone through and

    accounts fulfilling the eligibility conditions as given above should be

    identified.

    Out of those identified accounts such account should be short-listed in

    which charged security can be taken into possession for sale/lease for

    recovery of Banks dues.

    The Branch must put up the proposal before the Competent Authority for

    approval for Action under the Act as per the prescribed format.

    on objection of approval, 60 days notice(s) should be sent under the

    signature of the Authorised Officer.

    there is no waiting period for issuing notices under the Act. As soon as

    the account becomes NPA, notices under the Act should be issued after

    obtaining appropriate approval from Competent Authority.

    b) Issue of notices.

    Service of proper notice is a pre-requisite for enforcement of security interest.

    Hence, it should be ensured that proper notices are served on the borrowers/

    guarantors who have created the security interest.

    The authority for approving proposal for issuing notice and taking Action

    under the SARFAESI Act is as under :-

    (Rs.in lakh)

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    Chairman and Managing

    Director

    Executive Director

    General Manager/ Scale VII

    Dy. Gen. Manager/ Scale VI

    Asst. Gen. Mgr./ Scale V

    Chief Manager / Scale IV

    Senior Branch Manager (Large

    Branch) Scale III

    Full powers

    2500.00

    1000.00

    750.00

    250.00

    50.00

    10.00

    Note:

    i) The amounts represent suit claims/ contractual dues.

    ii) The delegate approving issue of notice should not have sanctioned the credit

    proposal. In such a case, it should be submitted to the next higher authority.

    iii) The powers are to be exercised by the chief incumbent at the Branch. Inrespect of administrative/ controlling/ Zonal Offices, designated officers of the

    rank of Chief Manager/ Scale IV and above may exercise the above delegation

    within their functional area.

    iv) At Head Office Level the powers will be exercised by Dy. General Manager

    (Law/ARD) onwards as per the above delegation.

    Other important instructions regarding issuing of notices:

    a) Though approval for issuing notices can be given as above, notices are to be

    signed by the officer duly authorised by the Zonal Manager as `Authorised

    Officer.

    b) The period of notice will be 60 days.

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    c) Notices can be issued not only to the principal borrower but also to the

    guarantor if security interest is created by the guarantor. However, if no security

    is created by the borrower but only by the guarantor then notice can be issued

    ONLY to the guarantor who has created security and the borrower should be

    issued usual RECALL NOTICE. Notices must be issued in the prescribed

    format, specimen of which are given in Annexure I & II.

    d) The service of the notice is to be made by Regd. Post / A.D., Speed Post,

    Courier, E-mail, UPC, Fax etc. In case of non-delivery of service, the service is

    to be affected by affixing the notice on the conspicuous part of the building

    where the borrower / guarantor resides and / or carries on business and also on

    the property in which the security interest is created. It may also be published in

    two leading newspapers, one in vernacular language having sufficient

    circulation in that locality and the other in English.

    e) Where the borrower is a Body Corporate, the Demand Notice shall be served

    on the Registered Office and also on any of the branches of such Body

    Corporate as specified under Sub Rule (1) of Rule 3 of Security Interest

    Enforcement Rules 2002.

    f) When there is more than one borrower, the Demand Notice shall be served on

    each borrower.

    g) In case of Joint Financing/Multiple Lending, whenever it is decided to

    proceed under the Act, all the Banks shall issue their notices separately for their

    respective dues.

    h) The Authorised Officers so issuing the notice as well as monitoring and

    follow up of the action will have immunity granted for all Action done in good

    faith and without negligence while exercising the right on the securities created.

    C) Objection / Representation received from the borrower on receipt of

    Notice:

    After issuance of notice under Section 13(2) of the SARFAESI Act by

    the Bank, if any borrower/guarantor makes any representation or raises

    any objection, then the Bank, being a secured creditor, has to consider

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    Bank can issue notice and take possession and other measures under Section 13

    (4) of the Act for recovery of the Banks dues {where there is no rehabilitation

    scheme in operation} when our Bank is the sole Banker or our dues against the

    borrowers constitute 75 % in value of the amount outstanding against financial

    assistance disbursed to the borrower/s whose units have been referred to BIFR.

    Where our Bank is neither the sole Banker nor Banks dues constitute 75% as

    aforesaid, then for taking Action under the Act, the consent of secured creditors

    representing not less than 75 % in value of the amount outstanding against such

    borrower is required. Alternatively, in

    such cases our Bank can give consent to other secured creditors / Lead

    Bank for taking Action. However, our Bank must issue the Notice under

    Section 13 (2) for our dues only, after taking permission from appropriate

    authority. Once the Notice is issued and/or possession of a secured asset

    is taken or any other measure under Section 13 (4) is taken by any of the

    secured creditor then the reference before BIFR shall abate and further

    Action for recovery of Banks dues can be initiated / continued before

    other forums, DRTs etc.

    h) Enforcement action in suit filed / DRT accounts:

    Position prior to Supreme Court Judgement in M/s Transcore vs Union of

    India: -

    The Banks were taking simultaneous action for recovery under the

    SARFAESI Act as well as DRT Act, prior to the following amendment.

    The Government has promulgated an Ordinance on 11.11.04 named as

    Enforcement of Security Interest and Recovery of Debts Laws

    (Amendment) Ordinance, 2004. By the said Ordinance, Section 19 of the

    DRT Act has been amended. The said Ordinance was repealed and the

    Act was passed and notified in the Gazette on 31.12.04. The amendedSection 19 of the DRT Act prohibits the Banks and Financial Institutions

    from taking simultaneous action under the SARFAESI Act as well as

    DRT Act.

    However, our Bank had taken a view that the said Amendment Act is not

    having retrospective effect i.e. the said amendment became effective

    prospectively from the date of the promulgation of the Ordinance on

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    11/11/2004. In case of suits pending before the amendment of Section 19

    of the DRT Act i.e. suits filed prior to 11/11/04, Bank could always take

    simultaneous action under the SARFAESI Act as also the DRT Act. As

    regards the suit filed/decreed cases after 11/11/2004 where the Bank had

    not taken any action under the SARFAESI Act and decided to take action

    i.e. after the issuance of the said Ordinance, then it had been decided to

    file a suitable application before the Honble DRT/Civil Court to keep

    the Banks OA/Suit adjourned with liberty to the Bank to revive the same

    after the completion of the proceedings initiated under the SARFAESI

    Act. If the Honble DRT/Court did not entertain the Banks Application,

    in that case it was decided to continue the proceedings before the

    Honble DRT/Court as withdrawing the OA / Suit against the

    borrowers/guarantors, the Bank may lose its legal right to file fresh OA /Suit as it will be hit by the provisions of the Limitation Act.

    Position after Supreme Court Judgement in M/s Tran score vs. Union of

    India:-

    The issue relating to simultaneous action under the DRT Act and the

    SARFAESI Act was examined by the Humble Supreme Court of India in

    the Civil Appeal No. 3228 of 2006 between M/s.Transcore and Union of

    India & Another and a detailed judgment has been given on 29.11.06. Inthe said Civil Appeal, the Honble Apex Court has interalia considered

    the following points/issues and has given its findings:

    (i) Whether the banks or financial institutions having elected to seek their

    remedy in terms of DRT Act, 1993 can still invoke the SARFAESI Act, 2002

    for realizing the secured assets without withdrawing or abandoning the O.A.

    filed before the DRT under the DRT Act. 68

    (ii) Whether recourse to take possession of the secured assets of the

    borrower in terms of Section 13 (4) of the SARFAESI Act comprehends

    the power to take actual possession of the immovable property.

    The Honble Apex Court has answered the above questions in the affirmative

    i.e. in favour of the Banks/Financial Institutions (FIs) and accordingly the

    Appeal filed by the borrower was dismissed. Having regard to the fact that the

    Honble Apex Court has decided the above issues in favour of the Banks/FIs,

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    Write off Policy

    Write off is resorted to in the borrow accounts when the Bank has exhausted all

    possible avenues of recovery and there are no more chances for effecting the

    recovery.

    Write off is of two kinds 1) prudential write off and 2) Regular write off.

    The basic difference between prudential and regular write off is that in

    Prudential write off there is possibility of recovery at a distant future even after

    write off while in Regular write off there is no/ little possibility of recovery.

    It is open to the Bank to resort to partial write off also. Partial write off would

    be in the accounts classified as doubtful assets, to the extent of provision heldon the outstanding and not covered by any security.

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    Ch-4 ANALYSIS& INTERPRETATION

    The following table show the management of NPA.

    2010 2009 2008 2007

    Gross npa 2471 1931 2101 2479

    Less:cash recovery 622 752 814 676

    up gradation 204 325 275 132

    Write off 743 384 446 441

    Agr.debt waiver/debt

    relief scheme2008

    0 175 0 0

    Total reduction 1569 1560 1535 1325

    Add:

    slippages 4162 2100 1365 947

    Gross npa(closing) 4883 2471 1931 2101

    Recovery in write off 300 280 368 352

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    Net npa 2207 628 592 812

    %of gross Npa to gross

    advances

    2.85 1.71 1.68 2.42

    %of net Npa to net

    advances

    1.31 0.44 0.52 0.96

    INTERPRETATION:

    From the following table we show that the gross NPA of the bank is increasesin the year 2010 and it is 2471 carore .

    Cash recovery is increases up to the year 2009 752carore inthen it is

    decreases by 622 crore in the year 2010.

    Write-off is also decreases up to 2009 then it is increases in 2010 i.e.

    51%.

    Slippages are also increases in the year 2010 it is by 51%. it is impact on

    the profitability of the bank.

    Net NPA of the bank are increases in the year 2010 i.e. 2207carore.

    Recovery in write off increases by 9o% it is good sign for the bank.

    Gross npa of the bank are increases by 2.85%.

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    Interpretation:

    In the following graph we show that the percentage of the gross npa to

    gross advances ratio is increases in the current year so bank has to

    minimize this ratio

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    Interpretation:

    In the second graph is of % of net npa to net advances. This ratio is also

    increases in the year 2010. it is bad for the bank.

    ANALYSIS OF BHARUCH BRANCH:

    May1

    0

    Apr10 Mar1

    0

    Feb10 Jan10 Dec09 Nov0

    9

    Oct09

    Npa outstanding 93327 92781 92804 91824 91824 90857 112315 112245

    Cash

    recovery

    46 24 23235 23188 23188 23123 842 807

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    upgradatio

    n

    - - - - - - - -

    slippages - - 11425

    1

    11180

    4

    11180

    4

    11180

    4

    110981 110876

    Write-off - - 345 - - - - -

    Recovery

    in

    UCI/URI

    - - 4430 4430 120 75 75 75

    Recovery

    in write off

    - 11 575 - - - - -

    Total

    advances

    290235 28998

    4

    28660

    1

    59247

    3

    45815

    8

    40479

    2

    674715 298603

    32.15 31.99 32.38 15.49 20.04 22.44 16.65 37.59

    Interpretation:

    The npa the of the bharuch branch is decreases every month so it is good

    for the branch.

    The cash recovery of the branch is increases up to the march then it is

    decreases so bank is attention on the getting the cash recovery of npa

    amount.

    Recovery in UCI or URI is also increases up to march month

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    Findings

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    Recovery camps and participation in LOK ADALAT for speedy

    Resolutions of small NPAs has been undertaken in a big way at the

    Zones. The Bank has made recovery of Rs.28.64 Crores

    Through LOK-ADALAT and Recovery Camps.

    The Operating Profi t of the Bank for the year 2009-10 stood at

    Rs.4705 crore as against Rs.5457 crore last year and the Net

    Profi t stood at Rs.1741 crore as compared to Rs.3007 crore

    for last year. The Banks Profit was impacted by drop in Net

    Interest Margin mainly because of high cost deposits picked up

    during the earlier part of the year and decline in the yields on

    advances. The fall in Treasury income due to adverse market

    conditions and higher NPA provisions also affected the profit

    level.

    Book Value per share Rs.236.84

    (Rs.211.89 previous year)

    profitability of the bank is affected because of one reason is the NPA the

    banks NPA ratio is increases by

    Gross NPA ratio at 2.85% as on 31.03.2010 and Net NPA ratio at 1.31%

    as on 31.03.2010.

    we also found that the profitability of the bharuch branch is also good

    It has npa a/c is decrease day by day npa is not harm the banks

    Profitability.

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    Total business (Deposit + Advances) reached at Rs. 401,079 crore

    recording a growth of Rs. 66,639 crore (19.93%). Domestic business

    grew by 20.72% to reach the level of Rs.331, 779 crore.

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    SUGGETION

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    BANK SHOULD MAKE CQNTRALERMAINTAIN ITS EXPENSES

    TO IN GREASES ITS INCOME & PROFIT OF THE BANK.

    BANK HAS CONSERNTRUTE ON NPA A/C.FOR THEIR

    REDUCTION.

    BANK HAS TO