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RBI Notification Circulars Master Circulars Master Circular on RBI/2007/234 UBD.BPD (PCB) MC. No. 13 /13.05.000/2006-07, DT. 22/01/2007
Master Circular on RBI/2007/234 UBD.BPD (PCB) MC. No. 13 /13.05.000/2006-07, DT. 22/01/2007

Master Circular on Management of Advances- UCBs (Part - II)


ANNEX - V

GENERAL GUIDELINES FOR REHABILITATION OF SICK SSI UNITS
[vide para 7(i)]


Incipient Sickness

1. It is of utmost importance to take measures to ensure that sickness is arrested at the incipient stage itself. The branch/bank officials should keep a close watch on the operations in the account and take adequate measures to achieve this objective. The managements of the units financed should be advised about their primary responsibility to inform the banks if they face problems which could lead to sickness and to restore the units to normal health. The organizational arrangements at branch level should also be fully geared for early detection of sickness and prompt remedial action. Banks/Financial Institutions will have to identity the units showing symptoms of sickness by effective monitoring and provide additional finance, if warranted, so as to bring back the units to a healthy track.

1.1 An illustrative list of warning signals of incipient sickness that are thrown up during the scrutiny of borrowal accounts and other related records e.g. periodical financial data, stock statements, reports on inspection of factory premises and godowns, etc. is given in given below, which will serve as a useful guide to the operating personnel.

i. Continuos irregularities in cash credit/overdraft accounts such as inability to maintain stipulated margin on continuous basis or drawings frequently exceeding sanctioned limits, periodical interest debited remaining unrealised;

ii. Outstanding balance in cash credit account remaining continuously at the maximum;

iii. Failure to make timely payment of instalments of principal and interest on term loans;

iv. Complaints from suppliers of raw materials, water, power, etc.about non-payment of bills;

v. Non-submission or undue delay in submission or submission of incorrect stock statements and other control statements;

vi. Attempts to divert sale proceeds through accounts with other banks;

vii. Downward trend in credit summations;

viii. Frequent return of cheques or bills;

ix. Steep decline in production figures;

x. Downward trends in sales and fall in profits;

xi. Rising level of inventories, which may include large proportion of slow or non-moving items;

xii. Larger and longer outstanding in bill accounts;

xiii. Longer period of credit allowed on sale documents negotiated through the bank and frequent return by the customers of the same as also allowing large discount on sales;

xiv. Failure to pay statutory liabilities;

xv. Utilization of funds for purposes other than running the units.

xvi. Not furnishing the required information/data on operations in time.

xvii. Unreasonable/wide variations in sales/receivables levels vis-à-vis level of co-operation for stock inspections, etc.

xviii. Delay in meeting commitments towards payments of instalments due, crystallized liabilities under LC/BGs, etc.

xix. Diverting/routing of receivables through non-lending banks.

1.2 Further, the system of asset classification introduced in banks will be useful for detecting advances, with are deteriorating in quality, well in time. When an advance slips into the sub-standard category, as per norms, the branch/bank should make full enquiry into the financial health of the unit, its operations, etc. and take remedial action. The bank/branch officials who are familiar with the day-to-day operations in the borrowal accounts should be under obligation to identify the early warning signals and initiate corrective steps promptly. Such steps may include providing timely financial assistance depending on established need, if it is within the powers of the branch manager, and an early reference to the controlling office where the relief required are beyond his delegated powers. The branch/bank manager may also help the unit, in sorting out difficulties which are non- financial in nature and require assistance from outside agencies like Government departments/undertakings, Electricity Boards, etc. He should also keep the term lending institutions informed about the position of the units wherever they are also involved.

2. Definition of Sick SSI Unit :

An SSI unit be considered 'Sick' if

i. any of the borrowal accounts of the unit remains substandard for more than six months i.e. principal or interest, in respect of any of its borrowal accounts has remained overdue for a period exceeding one year. The requirement of overdue period exceeding one year will remain unchanged even if the present period for classification of an as sub-standard, is reduced in due course;

or

ii. there is erosion in the net worth due to accumulated cash losses to the extent of 50 per cent of its net worth during the previous accounting year;

and

iii. the unit has been commercial production for at least two years.

This would enable banks to take action at an early stage for revival of the units. For the purpose of formulating nursing programme, banks should go by the above definition with immediate effect.

3. Viability of Sick SSI Units

A unit may be regarded as potentially viable if it would be in a position, after implementing a relief package spread over a period not exceeding five years from the commencement of the package from banks, financial institutions, Government (Central/State) and other concerned agencies, as may be necessary, to continue to service its repayment obligations as agreed upon including those forming part of the package, without the help of the concessions after the aforesaid period. The repayment period for restructured (past) debts should not exceed seven years from the date of implementation of the package. In the case of tiny / decentralised sector units, the period of reliefs /concessions and repayment period of restructured debts which were hitherto, two years and three years respectively have been revised, so as not to exceed five and seven years respectively, as in the case of other SSI units. Based on the norms specified above, it will be for the banks/financial institutions to decide whether a sick SSI unit is potentially viable or not. Viability of a unit identified as sick, should be decided quickly and made known to the unit and others concerned at the earliest. The rehabilitation package should be fully implemented within six months from the date the unit is declared as 'potentially viable'/'viable'. While identifying and implementing the rehabilitation package, banks/ FIs are advised to do 'holding operation' for a period of six months. This will allow small-scale units to draw funds from the cash credit account at least to the extent of their deposit of sale proceeds during of such 'holding operation'.

4. Reliefs and Concessions for Rehabilitation of Potentially Viable Units

4.1 It is emphasised that only those units which are considered to be potentially viable should be taken up for rehabilitation. The reliefs and concessions specified are not to be given in a routine manner and have to be decided by concerned bank/financial institution based on the commercial judgement and merits of each case. Banks have also the freedom to extent reliefs and concessions beyond the parameters in deserving cases. Only in exceptional cases, concessions/ reliefs beyond the parameters should be considered. In fact, the viability study itself should contain a sensitivity analysis in respect of the risks involved that in turn will enable firming up of the corrective action matrix.

The viability and the rehabilitation of a sick SSI unit would depend primarily on the unit's ability to continue to service its repayment obligations including the past restructured debts. It is, therefore, essential to ensure that ordinarily there is no write-off of scaling down of debt such as by reduction in rate of interest with retrospective effect except to the extent indicated in the guidelines. Norms for grant of reliefs and concessions by banks/ financial institutions to potentially viable sick SSI units for rehabilitation are furnished in below:

i) Interest Dues on Cash Credit and Term Loan

If penal rates of interest or damages have been charged, such charges should be waived from the accounting year of the unit in which it started incurring cash losses continuously. After this is done, the unpaid interest on term loans and cash credit during this period should be segregated from the total liability and funded. No interest may be charged on funded interest and repayment of such funded interest should be made within a period not exceeding there years from the date of commencement of implementation of the rehabilitation programme.

ii) Unadjusted Interest Dues Unadjusted interest dues such as interest charged between the date up to which rehabilitation package was prepared and the date from which actually implemented, may also be funded on the same terms as at (i) above

iii) Term Loans The rate of interest on term loans may be reduced, where considered necessary, by not more than three per cent in the case of tiny/ decentralised sector units and by not more than two per cent for other SSI units, below the document rate.

iv) Working Capital Term Loan (WCTL)

After the unadjusted interest portion of the cash credit account is segregated as indicated at (i) and (ii) above, the balance representing principal dues may be treated as irregular to the extent it exceeds drawing power. This amount may be funded as Working Capital Term Loan (WCTL) with a repayment schedule not exceeding 5 years. The rate of interest applicable may be 1.5% to 3% points below the prevailing fixed rate/minimum lending rate of the bank, wherever applicable, to all sick SSI units including tiny and decentralized units.

v) Cash Losses Cash losses are likely to be incurred in the initial stages of the rehabilitation programme till the unit reaches the break-even level. Such cash losses excluding interest as may be incurred during the nursing programme may also be financed by the bank or the financial institution, if only one of them is the financier. But if both are involved in the rehabilitation package, the financial institution concerned should finance such cash losses. Interest may be charged on the funded at the rates prescribed by SIDBI under its scheme for rehabilitation assistance.

Future cash losses in this context will refer to losses from the time of implementation of the package up to the point of cash break-even as projected. Future cash losses as above, should be worked out before interest (i.e., after excluding interest) on working capital etc., due to the banks and should be financed by the financial institutions if it is one of the financiers of the unit. In other words, the financial institutions should not be asked to provide for interest due to the banks in the computation of future cash losses and this should be taken care of by future cash accruals. The interest due to the bank should be funded by it separately. Where, however, a commercial bank alone is the financier, the future cash losses including interest will be financed by it.

The interest on the funded amounts of cash losses/interest will be the rates prescribed by Small Industries Development Bank of India under its scheme for rehabilitation assistance.

vi) Working Capital

Interest on working capital may be charged at 1.5% below the prevailing fixed/ minimum lending rate charged by the bank wherever applicable. Additional working capital limits may be extended at a rate not exceeding the minimum lending rate chargeable by the bank.

vii) Contingency Loan Assistance

For meeting escalations in capital expenditure to be incurred under the rehabilitation programme, banks/financial institutions may provide, where considered necessary, appropriate additional financial assistance upto 15 per cent of the estimated cost of rehabilitation by way of contingency loan assistance. Interest on this contingency assistance may be charged at the concessional rate allowed for working capital assistance.

viii) Funds for Start-up Expenses and Margin for Working Capital

There will be need to provide the unit under rehabilitation with funds for start-up expenses (including payment of pressing creditors) or margin money for working capital in the form of long-term loans. Where a financial institution is not involved, banks may provide the loan for start-up expenses, while margin money assistance may either come from SIDBI under its Refinance Scheme for Rehabilitation or should be provided by State Government where it is operating a Margin Money Scheme. Interest on fresh rehabilitation term loan may be charged at a rate 1.5% below the prevailing fixed/minimum lending rate chargeable by the bank wherever applicable or as prescribed by SIDBI/NABARD where refinance is obtained from it for the purpose.

All interest rate concessions would be subject to annual review depending on the performance of the units.

ix) Promoters' Contribution

As per the extent RBI guidelines, promoter's contribution towards the rehabilitation package is fixed at a minimum of 10 per cent of the additional long-term requirements under the rehabilitation package in the case of tiny sector units and at 20 per cent of such requirements for other units. In the case of units in the decentralized sector, promoters' contribution may not be insisted upon. A need is felt for increasing the promoters' contribution towards rehabilitation from the present limits. It is, therefore, open to banks and financial institutions to stipulate a higher promoters' contribution where warranted. At least 50 per cent of the above promoters' contribution should be brought in immediately and the balance within six months.

For arriving at promoters' contribution, the monetary value of the sacrifices from banks, financial institutions and Government may be taken into account, in addition to the long-term requirement of funds under the rehabilitation package. While evolving packages, it should be made a precondition that the promoters should bring in their contribution within the stipulated time frame. Further, in regard to concessions and relief made available to sick units, banks should incorporate a 'Right of Recompense' clause in the sanction letter and other documents to the effect that when such units turn the corner and rehabilitation is successfully completed, the sacrifices undertaken by the FIs and banks should be recouped from the units out of their future profits/cash accruals.

4.2 Units becoming sick on account of wilful mismanagement, wilful default, unauthorized diversion of funds, disputes among partners/promoters, etc. should not be considered for rehabilitation and steps should be taken for recovery of bank's dues. The definition of wilful default, will broadly cover the following :

i. Deliberate non-payment of the dues despite adequate cash flow and goodnet-worth.

ii. Siphoning off of funds to the detriment of the defaulting unit.

iii. Assets financed have either not been purchased or have been sold and proceeds have been mis-utilised.

iv. Misrepresentation /falsification of records.

v. Disposal/removal of securities without bank's knowledge; and.

vi. Fraudulent transactions by the borrower.

vii. The views of the lending banks in regard to wilful mis-management of funds/defaults will be treated as final.

5. Delegation of Powers The delay in the implementation of agreed rehabilitation packages should be reduced. One of the factors contributing to such delay was found to be the time taken by banks having multiple branches for obtaining clearance from the Head Office for the relief and concessions. As it is essential to accelerate the process of clearance, the banks may delegate sufficient powers to senior officers at various levels to sanction the bank's rehabilitation package drawn up in conformity with the prescribed guidelines.


Appendix
Master Circular
Management of Advances


A. List of Circulars consolidated in the Master Circular

NoCircular No.DateSubject
1UBD.PCB.Cir.No.58/09.09.01/05-0619.06.2006Adherence to National Building Code(NBC)-specifications necessary for lending institutions
2UBD.PCB.BPD.Cir.No. 46/13.05.000/05-0619.04.2006Bills discounted under LC-Risk weight and exposure norms.
3UBD.PCB.Cir.No.34/13.05.000/05-0602.03.2006Advances against Gold Ornaments and Jewellery
4UBD.PCB.Cir.No. 8/09.116.00/05-0609.08.2005Prudential norms on capital adequacy-risk weight on housing finance/commercial real estate exposures
5UBD.PCB.Cir.No.14/09.11.01/2004-05 24.08.2004 Opening of Current Accounts by banks-need for discipline.
6UBD.PCB.Cir.No.7/09.11.01/2004-0529.07.2004Opening of Current Accounts by banks-need for discipline.
7.UBD.BPD.PCB.CIR.37/13.05.00/2003-0416-03-2004 Discounting/Rediscounting of Bills By Banks
8UBD.POT.PCB.No.1/09.09.0/2002-0319-07-2002 Guidelines for Rehabilitation of Sick SSI Units
9.UBD.No.DS.PCB.Cir.34/13.05.00/2001-02 28.03.2002Loan System for Delivery of Bank Credit
10.UBD.BSD.1.No.8/12.05.00/200-1-02 31-08-2001 Issue of banker’s cheques/pay orders/demand drafts
11.UBD.NO.POT.No.33/09.17.03/2000-200120-02-2001 Relief measures for the persons/business affected by the earthquake in Gujarat
12.UBD.DS.32/13.04.00/2000-0112-02-2001 Reliefs/Concessions for Exporters Affected by the Earthquake
13UBD.No.PO.CIR.30/09.20.00/2000-0101-02-2001 Branch Advisory Committees
14UBD No.BR.11/16.74.00/98-9930-06-1999 Collection and Dissemination of Information on Cases of Wilful Default of Rs. 25.00 lakh and above
15UBD.No.DS.SUB.Cir.4/13.05.00/98-9905-10-1998 Guidelines for Sanction of Working Capital Finance to Information Technology (IT) and Software Industry
16.UBD.No.DS.PCB.8/13.04.00/98-9930-09-1998 Reliefs/Concessions for Exporters Affected by Cyclone in Gujarat
17.UBD No.BR.3/16.74.00/98-9929-07-1998 Disclosure of information regarding defaulting borrowers of banks at-id financial institutions
18UBD.No.DS.SUB.19/13.05.00/97-9812-02-1998 Reporting of Credit Sanctions
19UBD.No.DS.PCB.05.00/97-9816-12-1997 Guidelines for lending by banks-Assessment of working capital
20UBD.No.DS.PCB.Cir.25/13.05.00/97-9804-12-1997 'Bill' finance for settlement of dues of SSI suppliers
21.UBD.No.DS.PCB.Cir15/13.05.00/97-9821-10-1997 Loan system for delivery of bank credit
22.UBD.No.DS.PCB.Cir.47/13.05.00/96-9723-04-1997 Guidelines for lending by banks-Assessment of working capital-Concept of maximum permissible bank Finance - Review of policy
23UBD.No.DS.PCBcir.31/13.05.00/96-9723-04-1997 Loan system for delivery of bank credit
24.UBD.No.DS.PCB.CIR.31/13.05.00/96-9729-11-1996 Loan system for Delivery of Bank Credit
25UBD.No.Plan.PCB.5/09.08.00/96-9716-07-1996 Management of advances portfolio and control over advances
26.UBD.No.DS.PCB.Cir.64/13.05.00/95/9631-05-1996 Loan System for Delivery of Bank credit
27UBD.No.DS.PCB.Cir.63/13.05.00/95-9624-05-1996 Lending to non-banking financial companies
28UBD.No.BR.6/16.74.00/95-966/5/1996Disclosure of information regarding defaulting borrowers of banks and financial institutions
29UBD.No.Plan.PCB.60/09.78.00/95-968/4/1996Equipment leasing and hire purchase financing activities
30UBD.DS.PCB.CIR.54/13.05.00-95/9623-03-1996Realistic assessment of credit requirement Measures to prevent diversion of funds
31UBD.No.DC.23/13.05.00/95-9619-10-1995Credit Monitoring System-Introducing of Health Code for borrowal accounts in banks
32UBD.No.DS.PCB.CIR.22/13.05.00/95-9613-10-1995Loan System for Delivery of Bank Credit
33UBD.No.DS.PCB.CIR.14/13.05.00/95-9628-09-1995Introduction of a loan system for delivery of bank credits.
34UBD No.DS.CIR.PCB.62/13.05.00/94-9512/6/1995Assessment of Working Capital limits of less than Rs. 1 crore-Clarifications
35UBD No.DS.PCB.CIR.59/13.06.00/94-9531-05-1995Norms for bank lending for working capital purposes-Revised guidelines
36UBD.No.DS.PCB.CIR.60/13.05.00/94-9530-05-1995Lending to Non-Banking Financial Companies
37UBD.No.DS.(PCB)CIR.58/13.05.00/94-9517-05-1995Bridge Loans/Interim Finance
38UBD.No.DS.PCB.CIR.41/13.05.00/ 94-954/2/1995Compliance with lending discipline-(a) Charging of uniform rates of interest for lending under consortium arrangement and (b) penal interest for non-compliance with the discipline
39UBD No.DS.CIR.PCB.43/13.05.00/94-9510/2/1995Guidelines on lending under consortium arrangements
40UBD No.DS.CIR.PCB.39/13.05.00/94-9514-01-1995Levy of commitment charge on unutilised portion of credit limit
41UBD.No.DS.CIR.25/13.05.00/94-9521-10-1994Leading to non-Banking financial companies
42UBD.No.DS.CIR.PCB.19/13.04.00/94-955/10/1994Inventory/Receivables norms for various industries
43UBD.No.DS.CIR.PCB18/13.05.00/94-9519-09-1994Report of the in-House Group setup to review the role of Reserve Bank of India in laying down norms for bank lending for working capital purposes - Revised guidelines.
44UBD.No.DS.CIR.PCB-3/13.05.00/94-956/7/1994Guidelines on lending under consortium arrangements
45UBD.No.(PCB).CIR.80/13.05.00/93-941/6/1994Credit Authorisation Scheme - Co-ordination between banks and Financial institutions in ex-tending term loans
46UBD.No.(PCB)50/13.05.00-93/9414-01-1994Restrictions on credit to certain sectors-Real Estate Loans
47UBD.No.POT.47/09.51.00/93-946/1/1994Incidence of guarantee premium payable to Deposit Insurance and Credit Guarantee Corporation
48UBD.No.(PCB)DC.40/13.05.00/93-9413-12-1993Credit Authorisation Scheme - Treatment of term loan instalments for assessment of working capital requirements
49UBD.No.Plan.22/09.11.00/93-9428-09-1993Monitoring of flow of funds
50UBD(PCB)5/13.06.00/93-9414-08-1993Credit Authorisation Scheme - Co-ordination between banks and Financial institutions in ex-tending term loans.
51UBD.No.(PCB)1/13.06.00/93-9412/7/1993Review of inventory/receivable norms for financing vegetable and hydrogenated oil industry
52UBD.No.DC(PCB)99/13.06.00/92-9330-06-1993Review of inventory/receivables norms for financing biscuits and bakery products industry
53UBD.No.(SUC)DC.124/13.06.00/92-9330-06-1993Inventory and Receivables Norms Basmati Rice
54UBD.No.(PCB)54/DC(R.1)-92/937/4/1993Restriction on Credit to Certain Sectors
55UBD.No.(PCB).DC45/R.1/92-9325-02-1993Credit Authorisation Scheme Treatment of term loan instalments for assessment of working capital requirements
56UBD.No.41-UB.17(c)-92/9310/2/1993Guidelines for relief measures by urban banks in areas affected by recent riots
57UBD.No.I&L.40J.1.-92 /939/2/1993Diversion of working capital funds
58UBD.No.(PCB)29/1)C.(R.1)-92/9326-12-1992Bridge Loans/Interim Finance
59UBD.(PCB)5/DC.R.1A/92-9324-07-1992Inventory and Receivables norms for power Generation/Distribution Industry
60UBD.(PCB)3/DC.R.1A.92/9314-07-1992Inventory and Receivables norms for certain segments of Chemical Industry Essential Oil based chemicals
61UBD(PCB)38/DC.(R.1)-91/9213-11-1991Restriction on Credit to Certain Sectors
62>UBD.(SUC)36 /DC.R.1(A)-90/9131-05-1991Restrictions of Drawals Under Large Cash Credit Limits
63UBD(PCB)42/DC.HC.(Policy).90/9111/2/1991Credit Monitoring System Health Code for Borrowal Accounts in Urban Co-operative Banks
64UBD.PCB.2/DC.(R-1)-90/9120-07-1990Financing of Leasing/Hire Purchase Companies
65UBD.(SUC)22/DC.R-1-90/917/7/1990Credit Monitoring Arrangement Lending Discipline - Quarterly Information System (QIS)
66UBD.No.DC.113/R.1A-89/8924-04-1989Assessment of Working Capital Requirements - Inventory/Receivable Norms for Paper Industry and for Consumable Spares
67UBD.No.DC.27/R.1.A-88/8923-08-1988Inventory/Receivables Norms for Engineering Industry
68UBD.No(DC)2/R.1-A-88/898/7/1988Inventory/Receivable norms for Certain Segments of Chemical Industry
69UBD.No.(DC)123/R.1-87/8831-05-1988Credit Monitoring System - Introduction of Health Code for Borrowal Accounts in Banks
70UBD.No.(DC)101/R.1-A-87/8815-02-1988Inventory/Receivable Norms for Various Industries
71UBD.NO.I&L.67/J.1-87/8821-11-1987Advances to Builders/Contractors
72UBD(DC)104/R.1-86/8725-06-1987Guidelines for Assessment of Working Capital Requirements, Opening of Letters of Credit and Issue of Guarantees
73UBD.DC.84/R.1-86/873/6/1987Credit Monitoring System - Introduction of Health Code for Borrowal Accounts in Banks
74UBD.(DC)57/R.1-86/8719-02-1987Defaults In Payment of Statutory Dues by Borrowers
75UBD.No.DC.41/R.1-86/877/11/1986Withholding of Credit Facilities to Borrowers to Ensure Financial Discipline
76UBD(DC)83/R.1-85/8624-03-1986Certification of Accounts of Non-Corporate Borrowers by Chartered Accountants
77UBD.NO.I&L.38 /J.1-85/8611/10/1985Advances Granted by Urban Co-operative Banks - Diversion of Funds
78UBD.P&O.1383/UB.17(C)-84/8522-05-1985Guidelines for relief measures by urban banks in areas affected by natural calamities
79UBD.POT.654/UB.17(C)-84/8523-11-1984Banks assistance to persons affected by recent disturbances
80ACD.OPR.1569/A.35-79/802/10/1979Measures to restrict further credit expansion
81ACD.OPR.2697/A.75/74-524-12-1974Credit authorisation scheme for co-operative banks
82ACD.OPR.1222/A.75/74-57/9/1974Credit authorisation scheme for co-operative banks
83ACD.Plan.3109/PR.414(9)/68-918-06-1969Working group on industrial financing through co-operative banks - recommendations pertaining to the urban co-operative banks - action required


B. List of Other Circulars from which instructions relating to Management of Advances have also been consolidated in the Master Circular

No.Circular No. Date Subject
1UBD.No.I&L/69/12.05.00/93-9413-05-1994 Committee to enquire into various aspects relating to frauds and malpractices in banks (Ghosh Committee)
1UBD.21/12:15:00/93-9421-09-1993Committee to enquire into various aspects relating to frauds and malpractices in banks primary (urban) co-operative banks
1UBD.No.2420-J.20-83/8402-04-1984 Frauds, Mis-Appropriation, Embezzlements And Defalcation Of Funds In Primary (Urban) Co-operative Banks


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