Lok Sabha Passes Banking Laws Amendment Bill, 2024

Lok Sabha Passes Banking Laws Amendment Bill, 2024

04-12-2024
  1. On December 3, 2024, the Lok Sabha passed the Banking Laws (Amendment) Bill, 2024, marking the first major legislative move of the Winter Session.
  2. The Bill, introduced by Finance Minister Nirmala Sitharaman, was passed via a voice vote, indicating broad support for the proposed changes.
  3. The key provisions of the Bill aim to improve governance in the banking sector and enhance customer convenience, especially regarding nomination processes and regulatory compliance.

Key Provisions of the Bill:

  1. The Bill allows bank account holders to have up to four nominees for their accounts, enhancing the flexibility of account management.
  2. Locker holders will be allowed only successive nominations, ensuring smooth transfer of locker contents to the next nominee.
  3. The provision also allows for successive or simultaneous nominations for depositors, making the process more adaptable and secure for family members or heirs.
  4. The Bill proposes a change in the definition of “substantial interest” for directorships in cooperative banks, increasing the threshold from ₹5 lakh to ₹2 crore.
  5. The Bill also seeks to extend the tenure of directors (excluding the chairman and whole-time directors) in cooperative banks from 8 years to 10 years, aligning it with the Constitution (97th Amendment) Act, 2011.
  6. The Bill allows a director of a Central Cooperative Bank to also serve on the board of a State Cooperative Bank, facilitating smoother inter-bank cooperation and governance.
  7. The Bill provides greater freedom to banks to determine the remuneration of statutory auditors, enabling them to offer competitive compensation for auditing services, ensuring a more transparent and robust auditing process.
  8. The Bill proposes a change in the reporting dates for banks to ensure better regulatory compliance. Banks would now need to report on the 15th and last day of every month, instead of the second and fourth Fridays as is currently required.
  9. Strengthening Governance:
  10. According to Finance Minister Nirmala Sitharaman, the proposed amendments aim to strengthen governance in the banking sector, ensure greater customer convenience in terms of nominations, and offer better protection for investors.

Banking System in India

The Banking System in India refers to the network of financial institutions, such as banks and credit unions, which facilitate financial transactions and offer services to individuals, businesses, and governments.

These institutions primarily act as intermediaries between those with money (savers) and those who require it (borrowers). The core services provided by Indian banks include:

  1. Accepting Deposits: Collecting funds from the public.
  2. Lending Money: Providing loans to businesses, individuals, and governments.
  3. Facilitating Transactions: Handling payments, transfers, and other financial transactions.
  4. Offering Financial Products: Providing savings accounts, loans, credit cards, and more.

Classification of Banks in India:

Banks in India are primarily divided into two categories:

  1. Scheduled Banks
  2. Non-Scheduled Banks

Key Differences Between Scheduled and Non-Scheduled Banks:

Basis

Scheduled Banks

Non-Scheduled Banks

Definition

Listed in the second schedule of RBI Act 1934.

Not listed in the second schedule of RBI Act 1934.

Criteria

Minimum paid-up capital of ₹5 lakh or more.

No fixed criteria.

Regulation

Must maintain CRR deposits with RBI.

Maintain CRR with themselves.

Rights

Authorized to borrow from RBI, participate in Clearing House.

Cannot borrow from RBI under normal conditions.

Risk

Financially stable, lower risk.

Higher risk, less regulatory oversight.

Examples

Commercial Banks, Private Banks, Public Sector Banks.

Local Area Banks, Urban Cooperative Banks.

Structure of the Banking System in India

The Reserve Bank of India (RBI) is the apex institution and sits at the top of India's banking structure, regulating and overseeing the operations of various banks and financial institutions. Below the RBI, there are various types of banks and financial entities.

1. Reserve Bank of India (RBI)

The RBI is the central bank of India, responsible for regulating the country's financial system. Its functions include:

  1. Monetary Policy: Managing the money supply and interest rates to control inflation and promote economic growth.
  2. Regulation of Banks: Ensuring the stability and efficiency of the banking sector.
  3. Issuer of Currency: Issuing and managing the national currency, the Indian Rupee.
2. Commercial Banks

Commercial banks are profit-oriented institutions that offer a range of services, including deposit acceptance, loans, and facilitating payment transactions. These banks are regulated by the Banking Regulation Act, 1949.

Types of Commercial Banks:

  1. Public Sector Banks: Banks where the government holds a majority stake (e.g., State Bank of India, Punjab National Bank).
  2. Private Sector Banks: Banks where the majority of shares are owned by private entities (e.g., HDFC Bank, ICICI Bank).
3. Cooperative Banks

Cooperative Banks operate on principles of cooperation and mutual benefit for their members. Customers of these banks are also the owners. These banks typically serve rural areas and smaller businesses.

  1. Types of Cooperative Banks:
    1. Urban Cooperative Banks: Serve urban areas and focus on small loans and deposits.
    2. Rural Cooperative Banks: Focus on rural regions, providing financial services to farmers and small businesses.
4. Development Banks

Development Banks are specialized financial institutions that provide long-term finance to sectors that are unable to access funding from commercial banks. These sectors often include agriculture, infrastructure, and manufacturing.

  1. Examples: Industrial Finance Corporation of India (IFCI), National Bank for Agriculture and Rural Development (NABARD).
5. Differentiated Banks

Differentiated Banks cater to specific customer needs or niches. These banks offer specialized products and services to distinct market segments.

  1. Types:
    1. Payments Banks: Focus on providing basic banking services such as savings accounts and payments, but cannot lend money.
    2. Small Finance Banks: Provide loans to underserved sectors, such as micro, small, and medium enterprises (MSMEs) and small farmers.
6. Non-Banking Financial Companies (NBFCs)

NBFCs are financial entities that provide services similar to banks, like loans and investments, but do not hold a banking license. They are governed by the Companies Act, 1956, and regulated by the RBI.

Key Differences Between Banks and NBFCs:

Feature

Banks

Non-Banking Financial Companies (NBFCs)

Deposit Acceptance

Can accept demand deposits.

Cannot accept demand deposits.

Payment System

Part of the Payment and Settlement System (PSS), can issue cheques.

Cannot issue cheques or participate in PSS.

Deposit Insurance

Deposits insured by DICGC.

No deposit insurance for NBFC customers.

Reserve Ratios

Must maintain CRR and SLR with RBI.

Not required to maintain such reserves.

Regulation

Regulated under Banking Regulation Act, 1949.

Regulated under Companies Act, 1956.

Basel Norms

The Basel Norms are a set of international banking regulations developed by the Basel Committee on Banking Supervision (BCBS). These norms are aimed at ensuring that financial institutions maintain enough capital to cover risks and avoid large-scale financial failures.

  1. Basel I: Focused on credit risk and set a minimum capital requirement of 8% of Risk-Weighted Assets (RWA).
  2. Basel II: Introduced more comprehensive risk management, including operational and market risks.
  3. Basel III: Implemented after the 2008 financial crisis, focusing on capital adequacy, liquidity, and leverage ratios to strengthen the banking system.

Emerging Trends in India's Banking System

  1. Domestic Systemically Important Banks (D-SIBs)
    D-SIBs are banks that are considered "too big to fail" due to their significant size and impact on the economy. These banks include State Bank of India (SBI), ICICI Bank, and HDFC Bank.
  2. Neobanks
    Neobanks are digital-first financial institutions that operate entirely online without physical branches. They leverage technology to offer low-cost, personalized banking services. Examples in India: RazorpayX, Jupiter, and Open.

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