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In respect of assets, that have been doubtful for over three years on or after April 1, 2004, the provision has been raised
to 100% with effect from March 31, 2005.
Loss Assets: The entire asset is required to be written off or provided for.
While the provisions indicated above are mandatory, banks are encouraged to make higher provisions over and above
the mandatory level.
Regulations relating to Making Loans
The provisions of the Banking Regulation Act govern the making of loans by banks in India. The RBI issues directions
covering the loan activities of banks. Some of the major guidelines of RBI, which are now in effect, are as follows:
The RBI has prescribed norms for bank lending to non-bank financial companies and financing of public sector
disinvestment.
The banks should charge interest on loans/advances/cash credits/overdrafts or any other financial accommodation
granted/provided/renewed by them or discount usance bills in accordance with the directives on interest rates on
advances issued by RBI from time to time. Banks are free to determine their own lending rates but each bank must
declare its benchmark prime lending rate as approved by its board of directors. Benchmark prime lending rate is
determined on the basis of various parameters, which inter alia, include cost of funds, operating expenses, capital
charge and profit margin. Each bank should also indicate the maximum spread over the benchmark prime lending
rate for all credit exposures other than retail loans over Rs. 200,000. The interest charged by banks on advances up
to Rs. 200,000 to any one entity (other than most retail loans) must not exceed the benchmark prime lending rate.
Banks are also given freedom to lend at a rate below the prime lending rate in respect of creditworthy borrowers
and exporters on the basis of a transparent and objective policy approved by their boards. Interest rates for certain
categories of advances are regulated by the RBI. Banks are also free to stipulate lending rates without reference to
their own benchmark prime lending rates in respect of certain specified categories of loans.
In terms of Section 20(1) of the Banking Regulation Act, a bank cannot grant any loans and advances on the
security of its own shares. A bank is also prohibited from entering into any commitment for granting any loans or
advances to or on behalf of any of its directors, or any firm in which any of its directors is interested as partner,
manager, employee or guarantor, or any company (not being a subsidiary of the banking company or a company
registered under Section 25 of the Companies Act, or a Government company) of which, or the subsidiary or the
holding company of which any of the directors of the bank is a director, managing agent, manager, employee or
guarantor or in which he holds substantial interest, or any individual in respect of whom any of its directors is a
partner or guarantor. There are certain exemptions in this regard as the explanation to the Section provides that
‘loans or advances’ shall not include any transaction which the RBI may specify by general or special order as not
being a loan or advance for the purpose of such Section.
Legislation introduced in the Indian Parliament to amend the Banking Regulation Act has proposed to prohibit lending to
relatives of directors and to non-subsidiary companies that are under the same management as the banking company,
joint ventures, associates or the holding company of the banking company.
There are guidelines on loans secured by shares, debentures and bonds, money market mutual funds, fixed deposits
receipts issued by other banks, gold/silver bullion etc. in respect of amount, margin requirement and purpose.
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