Sunday, 24 March 2019

Financial Intelligence Unit – India (FIU-IND)


Financial Intelligence Unit – India (FIU-IND)
Financial Intelligence Unit – India (FIU-IND) was set by the Government of India in 2004 as the central national agency responsible for receiving, processing, analyzing and disseminating information relating to suspect financial transactions. FIU-IND is also responsible for coordinating and strengthening efforts of national and international intelligence, investigation and enforcement agencies in pursuing the global efforts against money laundering and related crimes. FIU-IND is an independent body reporting directly to the Economic Intelligence Council (EIC) headed by the Finance Minister.
Functions of FIU-IND
The main function of FIU-IND is to receive cash/suspicious transaction reports, analyse them and, as appropriate, disseminate valuable financial information to intelligence/enforcement agencies and regulatory authorities . The functions of FIU-IND are:
Collection of Information: Act as the central reception point for receiving Cash Transaction reports (CTRs) and Suspicious Transaction Reports (STRs) from various reporting entities.
Analysis of Information: Analyze received information in order to uncover patterns of transactions suggesting suspicion of money laundering and related crimes.
Sharing of Information: Share information with national intelligence/law enforcement agencies, national regulatory authorities and foreign Financial Intelligence Units.
Act as Central Repository: Establish and maintain national data base on cash  transactions and suspicious transactions on the basis of reports received from reporting entities.
Coordination: Coordinate and strengthen collection and sharing of financial intelligence through an effective national, regional and global network to combat money laundering and related crimes.
Research and Analysis: Monitor and identify strategic key areas on money laundering trends, typologies and developments.
Organisational Set-up
FIU-IND is a multi disciplinary body headed by a Director. Personnel in this Unit are being inducted from different organizations namely Central Board of Direct Taxes (CBDT), Central Board of Excise and Customs (CBEC), Reserve Bank of India (RBI), Securities Exchange Board of India (SEBI), Department of Legal Affairs and Intelligence agencies.
Authorities at FIU-IND
According to Section 48 of the Prevention of Money Laundering Act, 2002 there shall be the following classes of authorities for the purposes of this Act, namely:-
(a) Director or Additional Director or Joint Director,
(b) Deputy Director,
(c) Assistant Director, and
(d) such other class of officers as may be appointed for the purposes of this Act.
Appointment of Authorities
As per Section 49 of the Prevention of Money Laundering Act, 2002:
(1) The Central Government may appoint such persons as it thinks fit to be authorities for the purposes of this Act.
(2) Without prejudice to the provisions of sub-section (1), the Central Government may authorise the Director or an Additional Director or a Joint Director or a Deputy Director or an Assistant Director appointed under that sub-section to appoint other authorities below the rank of an Assistant Director.
(3) Subject to such conditions and limitations as the Central Government may impose, an authority may exercise the powers and discharge the duties conferred or imposed on it under this Act.
Director and officers subordinate to him deemed to be public servants Section 40 of the Prevention of Money Laundering Act, 2002 declares the Chairperson, Members  and other officers and employees of the Appellate Tribunal, the Adjudicating
Authority, Director and the officers subordinate to him shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
Powers of the Director
Section 13 of the Prevention of Money Laundering Act, 2002 confers following powers on the Director to ensure compliance:
(1) The Director may, either of his own motion or on an application made by any authority, officer or person, call for records referred to in sub-section (1) of section 12 and may make such inquiry or cause such inquiry to be made, as he thinks fit.
(2) If the Director, in the course of any inquiry, finds that a banking company, financial institution or an intermediary or any of its officers has failed to comply with the provisions contained in section 12, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may, by an order, levy a fine on such banking company
or financial institution or intermediary which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.
(3) The Director shall forward a copy of the order passed under sub-section (2) to every banking company, financial institution or intermediary or person who is a party to the proceedings under that sub-section. Powers of authorities regarding summons, production of documents and to give evidence: Section 50 of the Prevention of Money Laundering Act, 2002 confers following powers of summons, production of documents and to give evidence etc.:
(1) The Director shall, for the purposes of section 13, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:-
(a) discovery and inspection;
(b) enforcing the attendance of any person, including any officer of a banking company,
financial institution or a company, and examining him on oath;
(c) compelling the production of records;
(d) receiving evidence on affidavits;
(e) issuing commissions for examination of witnesses and documents; and
(f) any other matter which may be prescribed
(2) The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this Act.
(3) All the persons so summoned shall be bound to attend in person or through authorized agents, as such officer may direct, and shall be bound to state the truth upon any subject which they are examined or make statements, and produce such documents as may be required.
(4) Every proceeding under sub-sections (2) and (3) shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860).
(5) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this Act:
Provided that an Assistant Director or a Deputy Director shall not -
(a) impound any records without recording his reasons for so doing; or
(b) retain in his custody any such records for a period exceeding three months, without obtaining the prior approval of the Director. Assistance from other authorities for enforcement of the Act Section 54 of the Prevention of Money Laundering Act, 2002 empowers and requires various authorities to assist in the enforcement of the act. The following officers are empowered and required to assist the authorities in the enforcement of this Act, namely:-
(a) officers of the Customs and Central Excise Departments;
(b) officers appointed under sub-section (1) of section 5 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (61 of 1985);
(c) income-tax authorities under sub-section (1) of section 117 of the Income-tax Act, 1961 (43 of 1961);
(d) officers of the stock exchange recognised under section 4 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956);
(e) officers of the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934);
(f) officers of Police;
(g) officers of enforcement appointed under sub-section (1) of section 36 of the Foreign Exchange Management Act, 1973 (40 of 1999);
(h) officers of the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992);
(i) officers of any other body corporate constituted or established under a Central Act or a State Act;
(j) such other officers of the Central Government, State Government, local authorities or banking companies as the Central Government may, by notification, specify, in this behalf.
Agreements with foreign countries
Section 56 of the Prevention of Money Laundering Act, 2002 provides for agreements with foreign countries to facilitate exchange of information with them:
(1) The Central Government may enter into an agreement with the Government of any country outside India for-
(a) enforcing the provisions of this Act;
(b) exchange of information for the prevention of any offence under this Act or under the
corresponding law in force in that country or investigation of cases relating to any offence under this Act. and may, by notification in the Official Gazette, make such provisions as may be necessary for implementing the agreement.
(2) The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.
Disclosure of information
Section 66 of the Prevention of Money Laundering Act, 2002 provides for disclosure of information to other officers, authority or body:
The Director or any other authority specified by him by a general or special order in this behalf may furnish or cause to be furnished to-
(i) any officer, authority or body performing any functions under any law relating to imposition of any tax, duty or cess or to dealings in foreign exchange, or prevention of illicit traffic in the narcotic drugs and psychotropic substances under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
(ii) such other officer, authority or body performing functions under any other law as the Central Government may, if in its opinion it is necessary so to do in the public interest, specify by notification in the Official Gazette in this behalf, any information received or obtained by such Director or any other authority, specified by him in the performance of their functions under this Act, as may, in the opinion of the Director or the other authority so specified by him, be necessary for the purpose of the officer, authority or body specified in clause (i) or clause (ii) to perform his or its functions under that law.

Recovery of fines
Section 69 of the Prevention of Money Laundering Act, 2002 refers to recovery of fines. Where any fine imposed on any person under section 13 or section 63 is not paid within six months from the day of imposition of fine, the Director or any other officer authorised by him in this behalf may proceed to recover the amount from the said person in the same manner as
prescribed in Schedule 11 of the Income-tax Act, 1961 (43 of 1961) for the recovery of arrears and he or any officer authorised by him in this behalf shall have all the powers of the Tax Recovery Officer mentioned in the said Schedule for the said purpose. The new network, called FINnet (Financial Intelligence Network), is a technology-based secure platform for bringing together investigative and enforcement agencies to collect, analyse and disseminate valuable financial information for combating money laundering and related crimes.
Restriction on Civil Court Jurisdiction
Section 41 of the Prevention of Money Laundering Act, 2002 says that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Director, an Adjudicating Authority or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect
of any action taken or to be taken in pursuance of any power conferred by or under this Act."
Appeal to Appellate Tribunal Section 26 of the Prevention of Money Laundering Act, 2002 deals with appeal to Appellate
Tribunal.
(1) Save as otherwise provided in sub-section (3), the Director or any person aggrieved by an order made by the Adjudicating Authority under this Act, may prefer an appeal to the Appellate Tribunal.
(2) Any banking company, financial institution or intermediary aggrieved by any order of the Director made under sub-section (2) of section 13, may prefer an appeal to the Appellate Tribunal.
(3) Every appeal preferred under sub-section (1) or sub-section (2) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Adjudicating Authority or Director is received and it shall be in such form and be accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may, after giving an opportunity of being heard, entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
(4) On receipt of an appeal under sub-section (1), or sub-section (2), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.
(5) The Appellate Tribunal shall send a copy of every order made


Right of Appellant
Section 39 of the Prevention of Money Laundering Act, 2002 provides for the right of the appellant.
(1) A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take the assistance of an authorised representative of his choice to present his case before the Appellate Tribunal.
Explanation - For the purposes of this sub-section, the expression "authorized representative" shall have the same meaning as assigned to it under sub-section (2) of section 288 of the Income Tax Act, 1961.
(2) The Central Government or the Director may authorise one or more authorized representatives or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the Appellate Tribunal.
Appeal to High Court
Section 42 of the Prevention of Money Laundering Act, 2002 provides for appeal to High Court:
“Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law or fact arising out of such order: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
Explanation.-For the purposes of this section, "High Court" means-
(i) the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and
(ii) where the Central Government is the aggrieved party, the High Court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain.
Offences which can be seen by Special Courts
Section 44 of the Prevention of Money Laundering Act, 2002 provides for trial by Special Courts:
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
a. the schedule offence and the offence punishable under section 4 shall be tried only by the Special Court constituted for the area in which the offence has been committed; Provided that the Special Court , trying a schedule offence before the commencement of this Act, shall continue to try such scheduled offence, or
b. a Special Court may, upon a complaint made by an authority authorised in this behalf under this Act take cognizance of the offence for which the accused is committed to it for trial.
(2) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to "Magistrate" in that section includes also a reference to a "Special Court" designated under section 43.



MICRO FINANCE BILL and NABARD Role


MICROFINANCE BILL
The Microfinance Sector (Development and Regulation) Bill-2007 was introduced in Lok Sabha on March 20, 2007 as a first step in trying to regulate the sector. The preamble of the Microfinance Sector Development and Regulation Bill- 2007 sets the objective, "to provide for promotion, development and orderly growth of the micro financial sector in rural and urban areas to facilitate universal access to integrated financial services by the population not having banking facility and thereby securing prosperity of such areas and regulation of microfinance organisations (MFO) not being regulated by any law for the time being in force and for matters connected therewith or incidental thereto".1 The bill has at least four positive features. (i) the bill permits MFOs to accept savings from members subject to certain conditions. An 1 Source: MF Development and Regulation, By B. Yerram Raju, Hyderabad. Yojna, January 2008, P. MFO which has been in existence for at least three years having net owned funds of at least Rs. 0.5 million and satisfactory management can obtain registration from NABARD and therefore offer saving services. The non-availability of savings has been a major gap in the services provided by the sector. (ii) The Bill provides for mandatory registration and periodic report submission by all MFOs seeking to accept deposits. (iii) It provides for inspection of MFOs by the regulatory authorities in case of complaints of harmful practices (iv) The bill does not introduce interest rate caps which could have been damaging for the sector. But several provisions in the bill invite serious concern. It speaks of the sector and affirms to regulate only the MFOs. It excludes from its preview HUFs, NBFCs, Section 25 companies, scheduled banks including RRBs presumably because they are already being regulated by the RBI. The Bill recognizes only members of the group formed for microfinance purpose as clients. The bill also includes among others the small farmers of two hectares and less and women in general in the eligibility category. The exclusion of MFIs from the preview of the bill gives the advantage of having access to better off client bases with larger profit margins. Thus there is a danger of the institutions subject of regulatory vigor of the bill becoming unviable in the long run.
This bill fails to perform the balancing act of defining needs of its target customer base, perhaps invite regulatory arbitrage by financial players seeking to ‘pass’ as microfinance providers. Section 2 (e) (i) is silent about the societies that are registered / incorporated under various state laws that have been enacted by several states for registration of societies in their respective states (e.g. Rajasthan, 1958, Karnataka 1960, West Bengal 1961, Madhya Pradesh 1973, Tamil Nadu 1975, Meghalaya 1983, Andhra Pradesh 2001). It means that societies in these states are excluded from the preview of this bill, since the societies Regulation Act 1860 is not applicable in these states. It was realised on the basis of the above reasons that the Bill-2007 in the current form does not satisfy either development or regulatory aspects and hence in order to address the key issues, necessary steps were taken to modify the bill appropriately and adequately in 2011. Consequently a new Microfinance Institutions Development and Regulations Bill was enacted and was released on May 22, 2012.
MICRO FINANCE INSTITUTIONS (DEVELOPMENT AND REGULATIONS) BILL 2011
The Micro Finance Institutions (Development and Regulations) Bill 2012 is an updated version of an earlier Bill drafted in 2007. The bill had been released on May 22, 2012 after many changes to consider the most recent RBI regulation. The Bill addresses all legal forms of microfinance institutions, providing a comprehensive legislation for the sector. New regulation includes:-
 Designation of RBI as the sole regulator for all microfinance institutions.
 Micro credit facilities not exceeding Rs. 5 Lakh in aggregate or with RBI specification Rs. 10 Lakh to each individual
 Central Govt. will create a micro finance Development Council with officers from different ministries and departments for the development of MFIs.
 Central Govt. will also form state Micro Finance Councils to coordinate the activities of District Micro Finance Committees. Bill requires that all MFI should obtain a certificate of registry on from RBI after having net owned funds of Rs. 5 Lakh.
 Each MFI will create a reserve fund by appropriating the fixed percentage (specified by RBI) from net profit.
 MFI will provide an annual balance sheet and profit and loss account for audit to the RBI. Return of MFI will give details about any change in corporate structure, such as shut down, amalgamation, takeover etc.
 RBI can issue the directions to MFI regarding extent of assets deployed in Micro finance activities, ceilings on loans, limit of annual percentage, rate charged, limit on the margin etc.
 RBI will create the Micro-Finance Development Fund to provide loans, grants andother micro credit facilities to any MFI.
 RBI is responsible for redressal of grievances for beneficiaries of micro finance services.
 RBI can impose a penalty up to Rs. 5 Lakh for any contravention of the Bill’s provisions and No civil court can challenge.
 Bill gives the central govt. authority to delegate certain RBI powers to the NABARD or any other central Govt. agency.
 The central Govt. has the power to exempt certain MFIs from the provisions of the bill.
The designation of RBI as the sole regulator would be a positive step forward for the Micro Finance sector.
NABARD AS REGULATOR OF MICROFINANCE SERVICES
Despite the policy efforts of Government of India and RBI, gap remains in the availability of financial services in rural areas. The dependence of rural poor on money lenders continues, especially for meeting emergent requirements. Therefore, Government of India established NABARD in 1982 in accordance with the provisions of the NABARD Act, 1981 as a development bank for providing and regulating credit and other facilities for the promotion and development of agriculture, small scale industries, cottage and village industries, handicrafts and other allied economic activities in rural socio-economic development and secure prosperity of rural areas and for matters connected thereto.
For over three decades, NABARD as a national level apex institution has been playing a pro-active role in addressing important issues of the rural economy. It has been providing refinance to cooperative banks, RRBs, scheduled Primary Urban Cooperative Banks (PUCBs) and Agricultural Development Finance Companies (ADFCs) for supplementing them resources for credit flow to the agriculture and Rural Sector. NABARD has also provided loans to State Governments for their infrastructure projects under Rural Infrastructure Development Fund (RIDF). However, in the current global economic scenario, time is ripe for NABARD to review its strategies and policies with regard to micro financial sector in the light of the need and policy of government over the last few years. Consequently in 2007, the micro-financial sector (development and regulation) bill enacted by the Government of India, designated National Bank for Agriculture and Rural Development (NABARD) as the regulator for the micro-finance sector.
REGULATORY FUNCTIONS
1. The Banking Regulation Act, 1949 empowers NABARD to undertake inspection of the RRBs and Co-operatives.
2. Any RRB or Co-operative banks taking permission from RBI for opening new branches will have to obtain recommendation of NABARD.
3. RRBs and Co –operatives are required to file returns and documents with the NABARD.
It has been entrusted with the statutory responsibility of conducting inspections of the State Cooperatives Banks, District Central Cooperative Banks and Regional Rural Banks under the provisions of The Banking Regulation Act , 1949. In addition, it conducts periodic inspections of state level co-operative institutions on the voluntary basis.
NABARD’S POLICIES FOR MICRO FINANCE ACTIVITIES AND REGULATION
The term “micro-finance” has been given a working definition by the Task Force on Supportive Policy and Regulatory Framework for Micro-Finance set up by NABARD in November 1998 as: “provision of thrift, credit and other financial services and products of very small amounts to the poor in rural, semi-urban and urban areas for enabling them to raise their income levels and improve living standards”. It is, however, understood that the MFIs provide other non-credit services such as capacity building, training, marketing of the products of the SHGs, microinsurance, etc. In this background, the following considerations are relevant:
 First, micro-finance would be seen to be a broader concept than micro-credit.  Second, there is a recognition in the Annual Policy Statement of the RBI, 2005- 06, to review the existing practices to align them with the objective of financial inclusion in regard to banking services. This underlines the Importance of the micro-finance movement in addressing the issue of financial exclusion.
 Third, the increasing size and growth of MFIs seem to warrant a clearer policy framework to cover operations in financial services in addition to credit, in respect of both bank- and NABARD-led micro-finance through SHGs and micro-finance institutions.
 Fourth, the delivery of non-credit financial services, such as insurance and mutual funds by micro finance institutions seems to be possible but as a pre-condition, there is a need for a clear framework for the approach of different regulators to these non-bank financial services by MFIs.  Fifth, the organizational forms of micro-finance institutions appear varied, though the activities may in some cases include non-financial services. This makes them subject to differing legal frameworks as per the organizational form.  Sixth, different State Governments take varying approaches to the microfinance institutions –including subsidising interest rates. The nature and spread of microfinance movement also differ significantly across states.  Seventh, as per information available, a significant part of the current microfinance activity is related to credit and the absence of a conscious policy thrust in regard to non-credit related financial services.  Eighth, developments in technology seem to provide a window of opportunity to reduce the transaction costs and thus enable microfinance to be commercially viable and profitable activity.
Finally, the Finance Minister in his Budget Speech for 2005-06 made a reference to the possibility of a suitable legislation in this regard.
Broadly, the approach of RBI has been to emphasise the informality of microfinance and focus on the developmental aspects. The regulatory dispensation put in place by the RBI seeks to enable enhanced credit flow from banks through MFIs 85 and could be further refined by RBI, as necessary. On the suggestion for bringing the micro-finance entities under a system of regulation through a separate legislation, the RBI felt that microfinance movement across the country involving common people has benefited immensely by its informality and flexibility. Hence, their organization, structure and methods of working should be simple and any regulation will be inconsistent with the core-spirit of the movement. It was also felt that ideally, the NABARD or the banks should devise appropriate safeguards locally in their relationship with the MFIs, taking into account different organizational forms of such entities. In any case, if any statute for regulation of MFIs is contemplated, It may be at the State-level with no involvement of the RBI as a banking regulator or for extending deposit-insurance.
The National Bank for Agriculture and Rural Development (NABARD) set up a task force on Supportive Policy and Regulatory Framework for Microfinance in the late1998. This task force found microfinance an emerging activity to be nurtured. It was ahead of its times in calling for registration, and regulation through a selfregulatory organization (SRO). Pending an SRO, the task force recommended that RBI should put an interim regulatory framework. At the same time, Sa-Dhan, the association representing diverse non-governmental and private sector players in microfinance, was established. Sa-Dhan was expected to evolve as the voice of the industry and a SRO. This task force had a profound and simultaneous impact on policy making.
NABARD has adopted CAMELSC approach (Capital, Asset Quality, Management, Earnings, Liquidity, Systems and Compliance) with regard to inspection process and supervisory rating of RRBs and Cooperative Banks. NABARD, apart from making suitable recommendations to RBI for licensing and regulatory action and providing inputs from time to time, has evolved and implemented suitable supervisory best practices pertaining to RRBs and Cooperative Banks.
RURAL CREDIT AND MICRO-FINANCE MONITORING COMMITTEE FRAMED BY NABARD
NABARD has designed a very thorough grading system for NGO. The agreement between the NGOs and NABARD stipulates that the NGO should set up a project monitoring and implementation committee, to co-ordinate their SHG promotion activity with the banks, and also to enable NABARD to monitor progress. These committees do not always meet regularly, and it is very difficult for one NABARD District Development Manager (DDM), who may cover an area with a population of two million people, to be sure that every SHG which is promoted conforms to its social criteria. In this case, the ‘social’ quality of the groups has to be very carefully monitored.

ROLE OF NABARD
NABARD established and accredited with all matters concerning policy, planning and operations in the field of credit for agriculture and other economic activities in rural India with a vision to facilitate sustained access to financial services for the reached poor in rural areas through various microfinance innovation in a cost effective and sustained manner. NABARD has been working as a catalyst in promoting and linking more and more SHGs to the banking system. The pioneering efforts at this direction were made by NABARD. In 1991-92 a pilot project for linking about 500 SHG with banks was launched by NABARD in consultation with the RBI. It is considered as a landmark development in banking for the poor. On the recommendation of the NABARD, RBI advised that the banks financing to SHGs would be covered as a part of their lending to weaker sections. Banks were advised to consider lending to SHGs as a part of their main-stream credit operations, to identity branches having potential for linkage with SHGs and provide necessary support services to such branches. Further, it was decided that NABARD would continue to provide refinance to banks under the linkage projects at the rates stipulated from time to time. NABARD has taken an initiative to increase an access to credit for the poor, particularly SC/ST, although more subsidisation as well extension to all ages in its various schemes has been covered. NABARD has been providing refinance to Cooperative Banks Commercial Banks, RRBs, Scheduled Primary Urban Cooperative Banks (PUCBs) and Agricultural Development Finance Companies (ADFCs) for supplementing their resources for credit flow to the agriculture and rural sector. NABARD has also provided loans to the State Governments for their infrastructure projects under rural infrastructure Development Fund (RIDF). The RIDF projects have accelerated the rate of development in the rural areas with ‘Downstream effects’ attracting further private investments and leading to spurt in economic activities. SHG, Bank linkage programme was started on the basis of recommendations of S.K. Kalia Committee. The pilot project was launched by NABARD after extensive consultations with Reserve Bank, commercial banks and non Governmental Organisations (NGOs) with the following objectives:
(i) To evolve supplementary credit strategies for meeting the credit needs of the poor by combining the flexibility, sensitivity and responsiveness of the informal credit system with the strength of technical and administrative capabilities and financial resources of the formal credit institutions;
(ii) To build mutual trust and confidence between the bankers and the rural poor; and
(iii) To encourage banking activity, both on the thrift as well as on credit sides, in a segment of the population that the formal financial institutions usually find difficult to cover.
The Pilot project was designed as a partnership model between three agencies viz. the SHGs, Banks and Non Governmental organizations. It also provided technical support and guidance to the agencies participating in the programme for selecting SHGs who had followed the following Criteria:
a) The group should be in existence for at least 6 months.
b) The group should have actively promoted the savings habit.
c) Groups could be formal (registered) or informal (unregistered)
d) Membership of the group could be between 10 to 25 persons.
The pilot project envisaged linking of only 500 SHGs to the banks. By the end of March 1993, 225 SHGs were actually linked. The figure reached to 625 in 1994 and 836 by the end of 2001 respectively. The pilot project was a success. NABARD refinances the financial institutions engaged in micro-finance, to the extent of actual disbursement. NABARD, SIDBI are bulk financiers, who cleverly leverage resources obtained from a variety of resources (donors, government, market) for rural finance including microfinance. The data shows that NABARD has played a key role not only in promoting SHGs but also in standing behind the SHG Bank Linkage Programme. Under the SHG Bank linkage programme of NABARD, about 560 financial institutions, cooperative, RRBs and Commercial Banks have participated across the country. Under SBL programme the financial institutions have financed about 10,00,000 SHGs which are promoted either directly by them or by the NGOs. NABARD provides refinance to these financial institutions for on lending to SHGs.
RECOMMENDATIONS OF VARIOUS COMMITTEES AND WORKGROUPS
A survey of rural credit in 1950-51 showed that cooperatives could meet barely 3.3 percent of the total credit requirement of farmers while money lenders accounted for 93 percent of credit needs of the farmers. The All India Rural Credit Survey Committee (1954) stated - "Cooperation has failed, but cooperation must succeed". On the recommendations of this committee, the RBI took a series of measures to strengthen cooperative institutions. The All India Rural Survey Committee (1969), recommended the adoption of "Multiagency approach" to finance the rural sector. The government accepted that rural credit could not be met by cooperative societies alone and the commercial banks should play an important role in the rural sector. This was a reason for the takeover of 14 leading banks in 1969. This was followed by setting up of Regional Rural Banks (RRBs) in 1995. The working group under the Chairmanship of C.E. Kamata (1976) identified the problem of existence of a number of agencies relating credit in a common area of operations and disbursing credit in an uncoordinated manner resulted in multiple financing, over-financing, under-financing, financial indiscipline and diversion of scarce resources to unproductive purposes.
RECOMMENDATIONS OF KHAN WORKING GROUP (2004)
‘Khan working Group’ was constituted by RBI (2004), to examine issues relating to Rural Credit and Microfinance. The report pinpointed that there are several reasons for the rural poor remaining excluded from banking system. These are-high transaction cost at client level, cumbersome documentation and procedures at the formal sector, lack of awareness, small size of loans, availability of doorstep services from informal sector and indifference of the formal banking system.
The working group broadly recommended that.
i) Business Correspondent Model to be implemented for expansion of banking outreach.
ii) A separate and exclusive regulatory supervisory framework for MFIs may not be required for the present, as the major players undertaking microcredit are well regulated.
iii) Non-deposit taking MFIs with help of SIDBI and NABARD may attempt for self regulation.
iv) Setting up of national microfinance information bureau.
v) Direct finance facilities by MFIs from NABARD.
vi) Rating of MFIs.
vii) Capacity building in MFIs.
viii) Extending outreach through ICT.
The group said it may not be appropriate to fix any ceiling on interest rates. However, it cautioned the cost of credit should not be usurious. The group suggested that comprehensive regulatory framework may be taken up for a review at a later stage. A certain recommendations of the Khan working group to expand the outreach of banking in rural sector have been implemented.
RECOMMENDATIONS OF VEDA COMMISSION (2004)
Veda Commission was appointed by RBI in August 2003 for identifying the issues relating to
 (i) Structure and sustainability (ii) funding (iii) Regulations
(iv) Capacity building in the areas of micro-finance.
The Regulatory issues have been classified under four tiers.
 Those pertaining to SHGs.
 Those pertaining to NGOs.
 Those pertaining to micro credit institutions MCIs.
 Those pertaining to microfinance institutions MFIs.
Recommendations for SHGs1
i) SHGs may not lend outside the groups.
ii) SHGs may decide on some cap on borrowings per member.
iii) Group to decide on apportioning of income earned during a year.
iv) Pass-books may be issued to each SHG member.
v) A rating matrix by lender to assess SHGs while making credit decisions to be made mandatory.
vi) The rating exercise to be done by the lender (NGO/MFI/Bank) on a yearly basis to ensure no stoppage in the ratings.
Recommendations for Micro-Finance Institutions
i) Minimum entry - level capital requirement for micro-finance NBFCs which are involved exclusively in financing SHGs be reduced to Rs. 25 lakhs from 1 Source : The Journal of Indian Institute of Banking & Finance, July-Sept. 2007, P. 31. 92 Rs. 200 lakhs at present. However, such NBFCs may not be allowed to accept deposit until their capital is raised to Rs. 200 lakhs.
ii) Capital adequacy norms should be more stringent compared to formal financial institutions as all the loans provided by MFIs are collateral free loans. A minimum capital adequacy ratio (CAR) of 10% of the risk-weighted
assets is suggested.
iii) MFIs/NBFCs to maintain separate books of accounts for microfinance activity. Financial statement should be in a standard proforma with adequate transparency and disclosures.
iv) All incomes and interest on loans should be recognized on accrual basis. All accounts, where interest / installment are overdue for more than 45 days should be treated as NPAs.
v) The organisation should provide adequate provisioning to take care of loan losses to begin with, it should be 2% on the standard assets. Exemption to be provided under IT Act for reserves created for the loan loss. These guidelines to be more stringent when compared to formal institutions as all the loans provided by NBFCs are collateral free loans.
RECOMMENDATIONS OF WORK GROUP OF RBI (2002)
RBI constituted four informal groups to further stimulate the process of constructive dialogue amongst the major players in the area of micro finance. Therecommendations of these groups are as follows:-
i) Group recommended creation of an autonomous and professionally managed National Micro Finance Equity fund with an initial subscription of RS. 200 Crore. This fund will be used for weaker section lending under the priority 93 sector. The corpus of fund is to be raised to Rs. 500 Crore over two to three years.
ii) A separate category of non-banking finance companies (NBFCs) for attending to Micro finance business with entry capital of Rs. 25 Lakh is to be created. MFI would mobilize deposits Rs. 5000 per depositor covered by the guarantee of Deposit insurance credit corporation
iii) Group recommended that RBI should establish micro finance funds for capacity building. RBI should constitute a permanent working group on micro finance to monitor and review the progress on allocation of resources.
iv) NGOs / Federation of SHGs involved in mobilization of savings and lending activity should transform themselves in to mutually aided cooperative societies/NBFCs within two years. If NGOs intend to transform themselves in to section 25 companies, they would carry lending activity only. The size of the loan to individual members of SHGs should not exceed Rs. 50,000. The interest charged by NGO to be made public and method of fixation should be transparent, it could cover the capacity building and management costs as well.
RECOMMENDATIONS OF VYAS COMMITTEE (2004)
RBI setup an advisory committee on provision of credit to agriculture and allied activities under the chairmanship of professor V.S.Vyas in Dec. 2003. Committee submitted its report to RBI on 30th June 2004 with following recommendations related to micro finance.
i) Where SHG-Bank linkage programme has not shown satisfactory progress, Banks may evolve a three year action plan at each controlling unit level for scaling up the programme. Special attention to micro finance will go a long way in expanding this segment of business. All banks may set up adequately staffed micro finance cells at central offices and in each state.
ii) Banks need to make efforts to make access to financial services smooth and client friendly.
iii) Banks may explore possibilities of offering SHGs Credit cards similar to KCC and Swarojgar credit cards.
iv) Banks may encourage using local book writers to maintain the books of accounts in association with concerned agencies promoting these SHGs on a cost sharing basis, with some support from Banks.
v) All development agencies need to converge on SHGs to provide them necessary skills, market linkages, technological support etc. NABARD should continue to take the lead role in this regard.
vi) Cooperative banks may take up SHG banking on a significant scale with support from NABARD and state Govts.
vii) Non-Financial intermediary type federation need to be encouraged to provide umbrella support to member SHGs. Experimentation of the Financial intermediary type federations is needed to determine cost of promotion of such federations, capacity building of federations, their organizational and financial sustainability and above all the quality of value addition being achieved by these federations.
viii) NGO-MFI require regulatory and supervisory framework to be strengthened. MFIs should be encouraged in unbanked and rural areas.
ix) NGO-MFI can facilitate client’s access to saving services of regulated banks. Without RBI’s permission; MFI’s are not to accept Public deposits.
x) As MFIs charge high rate of interest from borrowers, lenders to MFIs ensure that these institutions determine the rates of interest they charge to their clients on a cost plus reasonable margin basis.
RANGARAJAN COMMITTEE (2008)
Committee on Financial Inclusion which was constituted under the chairmanship of Dr. C. Rangarajan had given the major recommendations, which are summarized as follows:-
i) Farm household not accessing credit from formal sources is large; it varies across regions, social groups and asset holdings.
ii) In order to improve the level of inclusion, demand side efforts should be made like human and physical resource endowments, enhancing productivity, mitigating risk, strengthening market linkages, improve the delivery system.
iii) Policy changes are required for achieving desired level of financial inclusion.
iv) The committee proposed the constitution of two funds with NABARD- the financial inclusion promotion & development fund and the financial inclusion Technology fund with an initial corpus of Rs. 500 Crore each to be contributed in equal proportion by GOI/ RBI/NABARD.
v) For extending financial inclusion adoption of appropriate technology or Business Facilitator, Business Correspondent (BF/BC) models would enable the branches to go to customers. To extend the coverage of BF/BC some recommendations for relaxation of norms has been made by committee.
vi) Members of well established SHGs want to expand and diversify their activities for economies of scale. So many groups are organizing themselves into federations and other higher level structures. These federations at village and taluk level should be encouraged. But committee felt that they cannot be entrusted with the financial intermediation function, committee recommended amendment to NABARD Act to enable it to provide micro finance services to the urban poor.
vii) The clients like share croppers / oral lessees / tenant farmers, who have no collaterals to fit in to traditional financing approaches of the banking system, joint liability groups (JLGs), an up gradation of SHG model could be an effective way. Adoption of JLG concept for purveying credit to mid segment clients can reduce their dependence on informal sources of credit.
viii) Committee recommended a separate category of micro finance-Non banking finance companies (MF-NBFCs) without any reposition on start-up capital and subject to the regulatory prescription applicable for NBFCs. Such MF-NBFC may also be recognized as Business correspondents of banks for providing only savings and remittance services and also act as micro insurance agents.
ix) Committee recommended the linking of micro credit with micro- insurance, which is the key element in the financial services package for people at the Bottom of the Pyramid.
MALEGAM COMMITTEE REPORT FOR MFI REGULATION (2011)
RBI constituted Sub-committee under the chairmanship of Sh.Y.H. Malegam to address the important issues concerning the micro finance sector, which released the report of recommendations on 19th January 2011. This committee was to review the scope and objectives of regulations governing MFIs with regard to interest rates, lending and recovery practices, need for grievance redressal machinery, applicability of existing money lending legislations and other issues concerning the sector.
This committee recommended the creation of NBFC-MFIs providing short term and unsecured loans to the Low income borrowers for income generating activities. Some of the recommendations for NBFC-MFIs are:
i) NBFC-MFI to hold not less than 90% of its total assets as qualifying assets.
These NBFC-MFIs cannot provide loans to microfinance sector exceeding 10% of its total assets.
ii) Maximum limit to a single borrower i.e. Rs. 25,000.
iii) 75% of Loans given by the MFI should be for income generating purposes.
iv) All the services of MFI should be according to the guidelines.
v) All NBFC-MFIs are recommended to have a minimum net worth of Rs. 15 Crores.
Some other recommendations of Malegam Committee are as follows:
i) A borrower can be a member of only one self help group (SHG) or a joint liability Group (JLG). Single borrower cannot get loan from not more than two MFIs.
ii) Period of moratorium between disbursement of Loan and the commencement of recovery should be minimum.
iii) To avoid multiple lending and over borrowing, a credit information Bureau should be formed.
iv) Proper code of conduct for field staff for prevention of coercive methods of recovery should be followed.
v) RBI should frame a draft customer protection code, specified code of corporate Governance, grievance redressal procedure for all MFIs.
vi) Tenure of loan will be 1 year for the loan amounting to Rs. 15,000 and for other loans not less than 2 years without prepayment penalty.
vii) MFI cannot charge more than 1% of the gross loan amount as insurance premium, interest charges and loan processing fees.
viii) MFI should make aware the borrowers about effective interest rates to enable comparability.
ix) Only aggregate provision for loan losses should be maintained and disclosures in regard to outstanding loan pools should be made by MFIs.
x) Banks lending to MFIs would continue to be entitled to priority sector status. A cap of 24% is provided for interest on individual loans, an average margin cap of 10% for MFIs having loan portfolio of Rs. 100 Crores and above and cap of 12% for smaller MFIs.
xi) Sub Committee also recommended that entities governed by the Micro Finance (Development and Regulation) Bill 2010 should not be allowed to do business of providing thrift Services.
A key gap in these recommendations is that they apply only to NBFCs and focus on the prudential aspects of a MFI business. Emphasis of these recommendations is more on bank lending under PSL targets and less on framework for the MFI sector as a whole. Rather they focus on the business operations of the MFI, instead of broad principles of regulation. Inclusive growth always received special emphasis in the Indian policy making. Government of India and the Reserve Bank of India has taken several initiatives to expand access to financial systems to the poor. Some of the salient measures are nationalisation of banks, prescription of priority sector lending, differential interest rate schemes for the weaker sections, development of credit institutions such as Regional Rural Banks, etc. Despite the policy efforts, gap remains in the availability of financial services in rural areas.
INITIATIVES TAKEN
In case of India, the banking sector witnessed large scale of branch expansion after the nationalisation of banks in 1969, which facilitated a shift in focus of banking from class banking to mass banking. It was, however, realised that, not withstanding the wide spread of formal financial institutions, these institutions were not able to cater completely to the small and frequent credit needs of most of the poor. This led to a search for alternative policies and reforms for reaching out to the poor to satisfy their credit needs. Recognising the potential of micro finance to positively influence the development of the poor, GOI, RBI, NABARD and SIDBI have taken several initiatives over the years to give a further fillip to the micro finance movement in India. This segment of the present chapter traces the supportive policies and current status in this regard. India has recognized the unmet financial needs of poor people and has initiated and supported many progressive financial inclusion efforts in early 19th century. Priority sector lending is a government initiative which requires banks to allocate a percentage of their portfolios to investment in specified priority sectors at a reduced interest rate. Both the SHG approach and MFIs have been aided by the Reserve Bank of India’s priority sector lending policy, which requires domestic banks to lend significant portions of their loan portfolio to underserved sectors and small producers. Lending to SHGs and MFIs meets part of this requirement. The Reserve Bank of India (RBI) encouraged banks to participate in microfinance by reckoning lending to the sector as part of their priority sector lending, which needs to account for 40% and 32% of net bank credit in the case of domestic and foreign banks respectively. Currently only microfinance institutions registered as NBFC-MFIs are designated as a priority sector. The number of priority sectors has recently been reduced, which suggests that banks will rely more heavily on lending to microfinance institutions to meet the priority sector requirements. In order to register as a NBFC- MFI, an institution must meet requirements specified by RBI. In 1994, RBI constituted working group on NGOs and SHGs and banks were advised inter alia, that financing of SHGs should be included by them as part of their lending to weaker sections. The Govt. of India also initiated to set up a Rashtriya Mahila Kosh (RMK) with initial fund of Rs. 310 Million to act as a provision of wholesale funds for the sector and to develop the sector through capacity building and advocacy.


TECHNOLOGY APPLICATIONS BY BANKS - SMART CARDS AND BIO- METRIC CARDS: Financial inclusion could be a cost-effective business proposition
if appropriate low-cost technology is adopted by commercial banks and rural financial institutions. Such technology should reduce transaction costs of providing banking services in the rural, unbanked and backward areas of the country. For instance, technology will allow branchless banking and establishment of new partnerships between financial service providers and a range of other service providers, that was not feasible before, to provide services to clients in remote areas and low-population density areas. Banks in India have initiated pilot projects utilizing smart cards/mobile technology to increase their outreach. Biometric methods for uniquely identifying customers are also being increasingly adopted. Banks are also increasingly adopting technological solutions for delivery of credit at affordable price and to a wider section of the population. Technology-enabled projects, viz. the Unique Identification Number (UID) project, CBS in RRBs and cooperative credit institutions, mobile banking, hand-held devices, smart cards, biometric cards, tech-savvy BCs (trained out of FITF), routing of payment under government social schemes through banks and microfinance have the ability to catapult financial inclusion into mainstream banking business. State Bank of India initiated a project called the SBI Tiny Card Accounts [SBITCAs] recently in Aizwal. The SBITCAs are based through new generation mobile phones based on near-field communication [NFC] technology, enhanced with fingerprint recognition software and attached to receipt printer. The card allows activation of transfer of funds for the purpose of micro-savings, cash deposits and withdrawal, micro-credit, money transfer [account-to-account within the system], micro-insurance, cashless payments to merchants, SHG Savings-cum-credit accounts and attendance systems, disbursements of Government benefits like the national rural employment guarantee scheme, for equated monthly installments, utility payments, coupons, vouchers, tickets, automatic fare collection systems, etc.
INITIATIVES TAKEN BY NABARD
SHG-Bank Linkage Programme: One of the early attempts at financial inclusion during the period of economic reforms in India has been the launching of the Pilot Project on SHG-Bank Linkage in February 1992 by NABARD. It proved to be a revolutionary programme for alleviating poverty through capacity building and empowerment of the rural poor, especially women. Microcredit extended either directly or through any intermediary is reckoned as part of bank’s priority sector lending. The SHG-Bank Linkage Programme provides opportunities for the rural poor to participate in the development process. It is cost effective, and ensures that more and more people are brought under sustainable developmental activities, within a short span of time. As on end-March 2004, about 1.1 million self-help groups (SHGs) were linked to banks covering 16 million poor families. Total flow of credit was Rs.3,900 crore with an average loan of Rs.36,000 per SHG and Rs.2,400 per family. Banks are encouraged to further strengthen this process. As per announcement in the Union Budget for 2004-05, credit linking of 5.85 lakh SHGs need to be completed by March 2007. Specific steps are being taken to identify district level bottlenecks in regions where linkage has been relatively low. The SHG-Bank Linkage Programme, over the past twenty two years has become the common vehicle in the development process, converging important development programmes. The small beginning of linking only 500 SHGs to banks in 1992, had grown to over 0.5 million SHGs by March 2002 and further to 8 million SHGs by March 2012. From almost 100% of the SHGs linked to Banks at the pilot stage from southern states, the share of southern States in the total number of SHGs linked shrank to 46% by March 2012, while the share of eastern States (especially, West Bengal, Odissa, Bihar) shot up to over 20%. The third decade of the programme promises to be one of maturing the linkage programme with livelihoods support, lot more innovations in the product range offered through SHGs and path breaking reforms in leveraging technology to improve efficiency, while extending its outreach to more geographical regions, especially the most resource poor regions of the country. It is widely believed that the SHGs of the poor will be the vehicles leading the march of India’s emergence as a super economic power in the next decade. A number of countries, especially the developing countries and international agencies are turning to India to learn from its experiments with micro Finance and to explore possibilities of replication of the model in other parts of the globe. Rating of Micro Finance Institutions (MFIs): In order to identify MFIs, classify and rate such institutions and empower them to intermediate between the lending banks and the clients, NABARD has decided to extend financial assistance to Commercial Banks and Regional Rural Banks by way of grant to CBs, RRBs and Co- operative Banks to avail of the services of accredited rating agencies for rating of MFIs. The banks can avail the services of credit rating agencies, M-CRIL, ICRA, CARE and Planet Finance in addition to CRISIL for rating of MFIs. The financial assistance by way of grant for meeting the cost of rating of MFIs would be met by NABARD to the extent of 100% of the total professional fees subject to a maximum of Rs.3,00,000. The remaining cost would be borne by the concerned MFI. MFIs which have a minimum loan outstanding of more than Rs. 50.00 lakh (Rupees fifty lakh only) and maximum of Rs. 10 crore (Rupees Ten crore only) would be considered for rating and support under the scheme. Financial assistance by way of grant would be available only for the first rating of the MFI. The Scheme was operational up to 31 March 2010. MFIs availing Capital Support and/or Revolving Fund Assistance from NABARD are also eligible for re-imbursement of 50% of the cost of professional fee charged by Credit Rating Agency for second rating subject to a maximum of Rs.1.50 lakh (i.e. 50% of Rs.3 lakh). This will be in addition to the reimbursement of professional fee for first rating of the MFI. During 2009-10, NABARD has provided grant support of Rs. 15.83 lakh for rating of 13 MFIs to Banks or MFIs. The MFI-wise details of the grant support provided by NABARD for rating of the MFIs during the year are given below.
Table 3.2: MFIs Assisted With Grant Support for Rating during the Year 2009- 2010
(Amount in Rs.)
Sr.
No.
Name of Agency State Grant
Amount
1. Unique Social Equity – State Bank of
India
Kolkatta 80000
2. Asha Welfare – State Bank of India Kolkatta 100000
3. Organization for Development and Coordination Orissa 155000
4. SAMUHA – State Bank of India Karnataka 100000
5. PARAYAS Gujarat 112360
6. Vardan Socio Development Foundation Gujarat 100000
7. Sanjana Finance Pvt. Ltd. Bihar 165450
8. CDOT Nalanda Bihar 112360
9. Vikas MACTS Vishkhapatnam Andhra Pradesh 132360
10. Chinyard – State Bank of India Karnataka 112360
11. SMS Ltd. Orissa 110300
12. Gram Utthan Orissa 165450
13. Gram Vikas Kendra Kolkatta 137875
Total 1583515
Source: NABARD Annual Report, 2009-10.
Revolving Fund Assistance (RFA) to MFIs: Recognising the role played by MFIs, in extending micro finance services in the unbanked areas, NABARD extends support to these institutions through grant and loan based assistance. NABARD has been selectively supporting MFIs for experimenting with various micro finance models such as replication of Grameen Model, NGO networking (bigger NGOs supporting smaller NGOs), credit unions and SHG federations, among others, to meet credit requirements of the unreached poor. NABARD provides loan funds in the form of revolving fund assistance (RFA) on a selective basis to MFIs to be used by them for on-lending to SHGs or individuals.
Micro Finance Development and Equity Fund (MFDEF): Recognising the need for upscaling the micro finance intervention in the country, the Union Finance Minister, in the budget for the year 2000-01, announced creation of a Micro Finance Development Fund (MFDF). The objective of the MFDF is to facilitate and support the orderly growth of the micro finance sector through diverse modalities for enlarging the flow of financial services to the poor, particularly for women and vulnerable sections of society, consistent with sustainability. Consequently MFDF with a corpus of Rs.100 crore was established in NABARD. The Reserve Bank and NABARD contributed Rs.40 crore each to the fund, while the balance was contributed by eleven selected public sector banks. As per the Union Budget announcement for the year 2005-06, the MFDF was re-designated as ‘Micro Finance Development and Equity Fund’ (MFDEF) with an increased corpus of Rs.200 crore and same has been further increased to Rs. 400 crore during 2010-11. The fund is being managed by a board consisting of representatives of NABARD, commercial banks and professionals with domain knowledge. The Reserve Bank is a member of the Advisory Committee of the MFDEF. The MFDEF maintained by NABARD is used for capacity building management information services, regulatory and supervisory framework, studies and publications etc. It was later in 2005-06, doing re- promotion of micro finance through scaling-up of the SHG-bank linkage programme, extending RFA and capital support to MFIs and undertook various promotional initiatives. Accordingly, NABARD formulated a scheme called ‘Capital/Equity Support to MFIs’ in 2007-08 for providing Capital/equity support to various types of MFIs to enable them to leverage commercial and other funds from banks. This would help MFIs in providing financial services at an affordable cost to the poor. During 2009-10, NABARD introduced a new scheme for ‘Capital Support to start-up MFIs having potential to scale-up their activities but lacking in capital, infrastructural facilities and managerial skills. Micro-Finance Organisations (MFOs) and MFI-NBFCs, identified as ‘Start ups’ on the basis of area of operation, client outreach, lending model, borrowing history, etc., are eligible for support under the scheme. Financial support will be in the form of ‘subordinated debt’ which shall be sub-ordinate to the claims of all other creditors. The quantum of support will be commensurate with the business plan of the MFO / MFI-NBFC but not exceeding Rs. 50 lakh in any case. The rate of interest has been fixed at 3.5 per cent to be repaid over a period of 7 years including moratorium of 2 years. During 2009-10, under Capital Support Scheme, 10 proposals amounting to Rs. 6.87 crore were sanctioned to 10 MFIs and disbursed Rs. 7.87 crore. The outstanding under Capital support as on 31 March 2010 was Rs. 24.17 crore against 31 MFIs. During 2011-12, Rs. 33.31 crore was released of which Rs. 28.68 crore was grant support for promotional activities and Rs. 4.63 crore for capital support and lending resources to MFIs. As against a total corpus of Rs. 200 crore contributed by RBI, NABARD and commercial banks, the actual (cumulative) utilisation of the fund stood at Rs. 278.31 crore as on 31 March 2012. NABARD has been augmenting this fund from its own resources and has also been crediting interest on the unutilized portion of this fund. There have been no further receipts forthcoming from other contributors of this fund.


INITIATIVES COMMENCED BY NABARD DURING THE YEAR 2011-12
Tablet PC Based Accounting System for SHGs: This is a web cum tablet enabled SHG bookkeeping solution being piloted in 100 SHGs in Maharashtra state. The tablet will be used by field staff of NGOs to maintain and update SHG’s data and it would facilitate the monitoring of SHGs. SHG can also access copies of financial transactions, final accounts etc on payment of nominal fees. The pilot scheme also intends to work out a revenue model for such field staff. Various graphical as well as analytical reports can be generated which help to monitor the particular SHG at micro level. All the SHG members and cooperative bank personnel who have promoted the groups have been trained and have started using the Tablet. Mobile Based Accounting System for SHGs: NABARD has initiated a pilot project on SHG Book keeping project for 100 SHGs in Tamil Nadu, using mobile handsets. The application is expected to help SHGs to maintain their financial transactions electronically in the local language and allows ease of monitoring to all stakeholders.  SHG transactions are entered through the mobiles owned by SHGs. Besides the financial transactions, attendances etc. are also captured through this mechanism. The other stakeholders including SHPI /Bank /NABARD could generate MIS report on a regular basis through a web access or through automated e-mail system. SMS updates
are sent to every member of the group on weekly basis to ensure smooth running of
the group.
Web Based MIS for Tracking SHPI-Partners: A web-based application for
monitoring the progress of all SHPIs partners provided with grant assistance by
NABARD for promotion of SHGs has been launched by NABARD. The website
(www.nabardshg.in) will help electronic updation of progress on real time basis by
SHPI and help monitoring the progress of all SHPI projects. The SHPIs will be
required to register themselves in the website and also gain access to guidelines, tool
kits, study materials etc.
E-bookkeeping Through POS/Handheld Device: This is yet another ICT enabled
bookkeeping endeavor for SHGs using handheld devices which are normally used for
electronic ticketing. The device will capture the accounting and book keeping aspects
of SHGs and generate no. of reports which can be printed instantly. The data can also
be transferred to a PC and reports can be generated. SHG members can know their
savings, loan outstanding, bank balance etc. It is being implemented on a pilot basis in
Uttar Dinajpur district of West Bengal.
Computer Munshi System: PRADAN evolved the Computer Munshi System to
improve the book keeping of the self Help groups (SHGs), so as to improve
transparency, equity and longevity of its groups. The model basically aims to improve
the accounting and book keeping of the SHGs. A member, acceptable to all the
members and capable, of the group is selected and trained in book keeping. He is the
Group Accountant (GA). He is supported by a Computer Munshi (CM), who is
equipped with a computer and printer in a central location with power connection. A
CM is expected to serve about 300 groups. Regular Monthly Transaction Statement
(RMTS) consisting of the weekly savings and credit transactions and balances,
including expenditure and income statement is delivered to the CM. The CM enters
these accounts in the computer and sends back the corrected statement to the GA. The
system is designed to be self-corrective, as the GA is warned each week about the
discrepancies, if any. Similarly the CM is also warned of discrepancies every week.
Monthly trial balance for the group is prepared by the CM which is discussed in the
monthly meetings of the group. The group pays a fee to both the GA and CM. As on
March 2005, there were 48 CMs saving about 2000 groups. The model is cost
effective, helps in timely preparation of accounts and identifying the discrepancies at
the initial stages. PRADAN was provided with grants by NABARD, SIDBI, and
DFID.

INITIATIVES BY SIDBI

SIDBI launched its micro finance programme in February 1994 on a pilot
basis. The programme provided small doses of credit funds and limited amount of
capacity building grant to the NGOs all across the country. To take the agenda
forward, the SIDBI Foundation for Micro Credit (SFMC) was created in January
1999. SFMC’s mission is “to create a national network of strong, viable and
sustainable Micro Finance Institutions from the informal and formal financial sector
to provide micro finance services to the poor, especially women’’.
SIDBI’s pilot programme of 1994 showed that collateral-based lending does
not work insofar as micro finance is concerned. NGOs/ MFIs acting as financial
intermediaries do not have tangible collateral to offer as security for the loans. With a
view to catering to this objective, SIDBI pioneered the concept of capacity assessment
rating (CAR) for the MFIs. As part of its developmental agenda, SIDBI encouraged a
private sector development consulting firm to develop a rating tool for the MFIs
which were rolled out in 1999. Two mainstream rating agencies, viz., CRISIL and
CARE have also started undertaking micro finance ratings, besides M-CRIL. SIDBI
has also adopted the institutional capacity assessment tool (I-CAT) of access
development services (ADS), a private sector consulting organisation, for rating of
start-up/small and mid-sized MFIs.
SIDBI introduced a product called ‘transformation loan’ in 2003 to enable the
MFIs to transform themselves from an informal set up to more formal entities. This
loan is a quasi-equity product with longer repayment period and features for
conversion into equity at a later date, when the MFI decides to convert itself into a
corporate entity. Consequently, a number of MFIs went ahead with the transformation
and some of them have now grown significantly and are serving millions of clients
across several states. Today, SIDBI is one of the largest providers of micro finance
through the MFIs.
Table 3.3: MFIs Supported by SIDBI
(Amount in Crore)
No. of MFIs Amount
Loans disbursed to MFIs during 2009-10 88 2665.75
Loans outstanding against MFIs as on 31 March 2010 146 3808.20
Source: NABARD Annual Report, 2009-10. MFI-BANK LINKAGE PROGRAMME: INITIATIVES
The Committee on Financial Inclusion (Government of India, 2008) has recommended that greater legitimacy, accountability and transparency will not only enable MFIs to source adequate debt and equity funds, but also eventually enable them to take and use savings as a low cost source for on lending. These developments resulted in Andhra Pradesh Government promulgating an ordinance to severely restricting their lending operations and recovery mechanism. As a result, the lending operations of these institutions virtually came to a halt not only in AP where most of their lending operations were concentrated but in other areas as well while the recovery of loans nose-dived. The Reserve Bank of India has since notified guidelines for the lending operations of MFIs based on the Malegam Committee recommendations. A new class of financial organizations named as NBFC-MFIs has been created and subject to certain conditions regarding the capital to be employed, landings to SHG members, cap on interest to be charged and margin to be retained, etc. The loans extended to these NBFC-MFIs by banks now qualify for priority sector loan.
The progress under MFI-Banks linkage programme during the last 4 years is
shown in table below:
Table 3.4: Progress under MFI-Bank Linkage Programme
(Amount in Crore)
Particulars
2008-09 2009-10 2010-11 2011-12 2012-13
No. of
MFIs Amount No. of
MFIs Amount No. of
MFIs Amount No. of
MFIs Amount No. of
MFIs Amount
Loans
disbursed by
banks to MFIs
581
(12.2%)
3732.33
(89.4%)
779
(34%)
10728.50
(187.4%)
471
(-39.5%)
8448.96
(-21.3%)
465
(-1.3%)
5205.29 (- 38.39%)
426
(-8.4%)
7839.51
(50.6%)
Loans
outstanding
against MFIs
as on 31
March
1915
(72.7%)
5009.09
(82.2%)
1659
(-13.4%)
13955.75
(178.6%)
2315
(39.5%)
13730.62 (- 2.0%)
1960
(-15.3%)
11450.35 (- 16.6%)
2042
(4.2%)
14425.84
(26.0%)
Fresh loans as
% of loans
outstanding
74.5 76.9 61.5 45.5 54.3
Note: Actual number of MFIs availing loans from Banks would be less than the figures shown as most of MFIs avail loans from more than one Bank. Source: NABARD Annual Reports.
112
MFI BANK PARTNERSHIP MODEL – AN INITIATIVE BY ICICI BANK
In 2002, India’s largest private sector bank, ICICI Bank, initiated an MFI partnership model according to which MFI loans remained on the bank’s balance sheet though the loan origination, monitoring and collection services were performed by the MFI for a fee. The MFI also shared the credit risk up to a specified level. The policy environment largely supported this innovation which increased considerably the pool of funds available for MFIs. In 2006, undesirable practices of some MFIs in
Andhra Pradesh led the RBI to initiate new measures. RBI urged banks to strengthen
their Know-Your-Customer (KYC) procedures by ensuring receipt of day-end
transaction information, as the loans were on the books of the bank. This means that
the model can be used only in situations where the bank and MFI have the
technology, necessary to meet the above requirement.
Institutions agree to promote and strengthen the micro-finance movement in
the country by bringing the low-income clients to the mainstream financial sector.
They also agree to build progressive, sustainable and client-centric MFIs in the
country to provide integrated financial services to the clients. Their aim should be to
promote cooperation and coordination among MFIs and other agencies to achieve
higher operating standards and avoid unethical competition in order to serve the
clients better. The Voluntary Mutual Code of Conduct for member-MFIs sharply and
elaborately focus on integrity, fair practices, governance and feedback/grievance
mechanisms, transparency in interest rates is an attempt to introduce uniform practices
in the sector. Since the country has adopted ‘Multi-Agency Approach’ for providing
financial services in rural areas through two-tier cooperative credit structure, public
and private sector commercial banks, regional rural banks, local area banks it is most
important that these financial institutions among them adopt this voluntary mutual
code of conduct in their own interest in particular and for the larger benefit of rural
households in general. Demand for financial services in rural areas has indeed not
been genuinely created [clients are served as and when they approach] through
creating enabling environment by the Government, rural financial institutions and
private sector business community. As a result, at present there is in reality no
competition. However, there is need for healthy competition, for obvious reasons,
among rural financial institutions, which need to voluntarily adopt this mutual code of
conduct. In addition the microfinance industry has taken some significant steps
towards systemic regulation.
Recognizing the need for better governance practices, and in the absence of
formal regulation, several MFIs came together in 2009 to constitute the previously- mentioned Micro Finance Institution Network (MFIN). MFIN is a self-regulatory
organization created by 44 NBFC MFIs in India, who share an interest in protecting
and building the integrity of the sector. This was in response to controversies such as
multiple lending and lack of transparency by MFIs. MFIN has already taken some
steps such as building a credit bureau, creating task forces for transparency and
establishing a code of conduct.