Srinagar, March 17: Reserve Bank of India (RBI) has levied penalties on two co-operative banks in Jammu & Kashmir for violating its directives regarding the acceptance of fresh deposits. The RBI has imposed a penalty of Rs 1 lakh on Anantnag Central Co-operative Bank Ltd and Rs 5 lakh on Baramulla Central Co-operative Bank Ltd.

Both penalties stem from non-compliance with specific RBI directions that prohibited the banks from accepting new deposits. The actions were taken under the provisions of Section 47A(1)(c) read with Sections 46(4)(i) and 56 of the Banking Regulation Act, 1949, according to a press release issued by the Central Bank.

The statutory inspections of both banks, conducted by the NABARD with reference to their financial positions as of March 31, 2023, revealed these violations. Following the inspections, the RBI issued show-cause notices to both banks, requesting explanations for their non-compliance.

After reviewing the banks’ responses and, in the case of Baramulla Central Co-operative Bank Ltd., conducting a personal hearing, the RBI concluded that the charge of accepting fresh deposits in violation of its directives was sustained for both institutions.

According to an official statement by Chief General Manager Puneet Pancholy, “This action is based on deficiencies in regulatory compliance and is not intended to pronounce upon the validity of any transaction or agreement entered into by the bank with its customers. Further, imposition of this monetary penalty is without prejudice to any other action that may be initiated by RBI against the bank.”

The disparity in the penalty amounts, ₹1.00 lakh for Anantnag and ₹5.00 lakh for Baramulla, likely reflects the scale and severity of the violations as determined by the RBI.

Role of regulators and necessary compliances

Financial Investments
Irshad Mushtaq

Prior to investing one’s hard-earned funds, it is crucial for every investor to have a thorough understanding of certain key questions. What exactly is the Securities and Exchange Board of India (SEBI)? What roles do entities such as the National Securities Depository Limited (NSDL), Central Depository Services Limited (CDSL), the National Stock Exchange (NSE), and the Bombay Stock Exchange (BSE) play in the investment landscape? What is the purpose of the Central Know Your Customer (CKYC) process, and why is it deemed necessary? Additionally, why is direct communication through email and SMS to clients’ registered mobile and email addresses required? Furthermore, what is the rationale behind the prohibition of third-party cheques in clients’ trading accounts, and why is it important to engage only with SEBI-registered brokers or members? Why are Ponzi and pyramid schemes considered fraudulent, and why are high and assured returns viewed as deceptive traps in the Indian context? Additionally, what are the viewpoints of the financial minister regarding Ponzi schemes? It is always advisable to invest only through a SEBI-registered stockbroker, a bank registered with the RBI, or to obtain insurance exclusively through an IRDA-registered insurance company; entities offering high returns without these registrations are engaging in fraudulent activities through Ponzi and pyramid schemes. Prohibiting cash transactions and allowing only mapped bank transactions in the stock market is a fundamental practice, and having a nominee in a demat account is essential. Furthermore, why are hot tips not considered a suitable investment strategy? Taking the time to fully understand these concepts and complying with the established laws of the Government of India is crucial before making any investment decisions in order to avoid involvement in illegal schemes.

The Securities and Exchange Board of India (SEBI) is the regulatory body for the securities market in India, overseeing and regulating the functioning and activities of stock exchanges and other securities markets. Its primary role is to protect the interests of investors and maintain the integrity of the market.

The National Securities Depository Limited (NSDL) and Central Depository Services Limited (CDSL) are the two central depository agencies in India, responsible for holding securities in an electronic form. They play a crucial role in facilitating the seamless settlement of trades and the transfer of securities.

The National Stock Exchange (NSE) and the Bombay Stock Exchange (BSE) are the two primary stock exchanges in India. They provide a platform for trading in securities, including equities, derivatives, and debt instruments, and play a crucial role in price discovery and liquidity in the market.

The Central Know Your Customer (CKYC) process is a mandatory requirement for all financial institutions to verify the identity of their clients. It is aimed at preventing money laundering, terrorist financing, and other illegal activities by ensuring that customers’ identities are verified and their risk profiles are assessed.

Direct communication through email and SMS to clients’ registered mobile and email addresses is required to ensure that investors receive timely and accurate information about their investments and transactions. This helps in enhancing transparency and reducing the risk of fraud and misinformation.

The prohibition of third-party cheques in clients’ trading accounts is aimed at preventing unauthorized transactions and ensuring that the funds are sourced from the investor’s verified bank account. This helps in preventing fraud and unauthorized access to the investor’s funds.

It is important to engage only with SEBI-registered brokers or members to ensure that the investment activities are conducted in compliance with the regulatory requirements and that investors’ interests are protected.

Ponzi and pyramid schemes are considered fraudulent as they involve using new investors’ funds to pay off earlier investors, with the promise of high returns. Such schemes eventually collapse when there are no new investors to sustain the payouts, leading to significant financial losses for the participants.

High and assured returns are viewed as deceptive traps in the Indian context as they often involve high levels of risk and are usually offered by entities that are not registered with SEBI or other regulatory bodies. The financial minister has expressed concerns about the proliferation of Ponzi schemes and has emphasized the need for stricter regulations and enforcement to protect investors from such fraudulent activities.

In conclusion, it is essential for investors to have a clear understanding of the regulatory framework and compliance requirements before making any investment decisions. By engaging with SEBI-registered entities and following the established laws and regulations, investors can safeguard their funds and avoid falling victim to illegal schemes and fraudulent activities in the market.

 The author is the founder of MI Securities and business partner of Sharekhan in Srinagar. He can be reached at irshad@bp.sharekhan.com

Jasir Haqani

Srinagar, Dec 18: Federation of Chambers of Industries Kashmir (FCIK) has urged on J&K Bank authorities to withdraw their latest decision regarding levying of ‘Commitment Charges’ on the unutilised portion of the loans and credit lines provided to the enterprises.

While expressing its displeasure, the FCIK in a statement issued to Business Kashmir said that it was for the first time in the history of J&K Bank that borrowers were being made to pay for loans or the portion of loans which actually they didn’t lift or utilize. The bank would not so far levy such charges probably in acknowledgement of the un-conducive working atmosphere.

According to the guidelines issued by RBI, levying of commitment charges was not mandatory upon the financing banks but discretionary, and it was left to the wisdom of banks to charge or not to charge it, said the FCIK.

“If the plea of the bank was that they could have earned interest on the unutilised portion of the loan, had they lent it to other borrowers, the question could be asked about the gap between their credit flow and permissible limit of lending which continues to be huge despite some narrowing in the recent past,” reads the statement.

FCIK agreed that J&K Bank had been extending some small concessions including waiver of commitment charges to the borrowers of Jammu, Kashmir and Ladakh, but that was only peanuts in reciprocity to the gesture that 88.2% of the total deposits of the bank comes from the kith and kin of these borrowers at an unprecedentedly low rate of just 3.67%  which was the lowest than available to any other national or commercial bank in the country.

While criticizing the decision, FCIK questioned the wisdom of the bank to perceive that the condition of entrepreneurs had changed for to better now to take additional brunt even after facing long spells of business interruptions from the 2014 floods to the aftermath of the Covid-19 situation. The bank should know that currently the product market appetite ran at its lowest ebb for the complexities caused by these situations besides the change in policies which obviously resulted in the lifting of lower amounts from sanctioned credit lines, reads the statement.

Hailing the prudent entrepreneurs for lifting only the required portion of the amount out of their sanctioned credit line in tune with market demand for their products, FCIK cautioned the bank not to force them to lift entire sanctioned loans for illegally siphoning it off towards any other non-bonafide activity. It was as such imperative upon the bank to withdraw the decision of levying commitment charges till the product market appetite stabilized.