The RBI action is based on the deficiencies in regulatory compliance
The Reserve Bank of India (RBI) has imposed a monetary penalty each on 4 cooperative banks and an NBFC. RBI has imposed a monetary penalty each on West End Housing Finance; Nagarik Sahakari Bank; Sevalia Urban Co-operative Bank Ltd., Sevalia, dist. Kheda, Gujarat; Makarpura Industrial Estate Co-operative Bank, Dist. Vadodara, Gujarat; and Gujarat Mercantile Co-operative Bank Ltd., Ahmedabad, Gujarat, as per the info, released by the RBI on October 16, 2023.
1: The Reserve Bank of India (RBI) has, by an order dated September 15, 2023, imposed a monetary penalty of Rs.1.70 lakh (Rupees One lakh Seventy thousand only) on West End Housing Finance Limited (the company) for non-compliance with National Housing Bank (NHB) directions on ‘Housing Finance Companies – Approval of Acquisition or Transfer of Control (NHB) Directions 2016’ and RBI direction on ‘Non-Banking Financial Company - Housing Finance Company (Reserve Bank) Directions, 2021’. This penalty has been imposed in exercise of powers conferred on RBI under the provisions of clause (b) of sub-section (1) of Section 52A read with clause (aa) of sub-section (3) of Section 49 of the National Housing Bank Act, 1987.
This action is based on the deficiencies in regulatory compliance and is not intended to pronounce upon the validity of any transaction or agreement entered into by the company with its customers.
Background
The Annual Report of the company for the financial year 2020-21 submitted to NHB revealed, inter alia, the company’s failure to obtain prior written permission of NHB/RBI for change in its shareholding due to progressive increases over time, resulting in transfer of shareholding beyond the permitted limit. In furtherance to the same, a notice was issued to the company advising it to show cause as to why penalty should not be imposed on it for failure to comply with the NHB and RBI directions, as stated therein.
After considering the company’s reply to the notice and oral submissions made during the personal hearing, RBI came to the conclusion that the charge of non-compliance with the aforesaid NHB and RBI directions was substantiated and warranted imposition of monetary penalty.
2 The Reserve Bank of India (RBI) has imposed, by an order dated September 18, 2023, a monetary penalty of Rs.2.00 lakh (Rupees Two lakh only) on Nagarik Sahakari Bank Ltd., Babra, Gujarat (the bank) for contravention of Section 26 A (2) of the Banking Regulation Act, 1949 (BR Act) and RBI directions on ‘Loans and advances to directors, relatives, firms/concerns in which they are interested’, ‘Placement of Deposits with Other Banks by Primary (Urban) Co-operative Banks (UCBs)’ and ‘Co-operative Banks - Interest Rate on Deposits’. This penalty has been imposed in exercise of powers conferred on RBI under the provisions of Section 47 A (1) (c) read with Sections 46 (4) (i) and 56 of the BR Act.
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.
Background
The statutory inspection of the bank conducted by RBI with reference to its financial position as on March 31, 2022, and examination of the Inspection Report, Risk Assessment Report and all correspondence related thereto, revealed, inter alia, that the bank (i) had not transferred eligible amount to Depositor Education and Awareness Fund, (ii) had sanctioned a credit facility to an individual where relative of one of the bank’s directors stood as guarantor, (iii) had breached the prudential inter-bank gross exposure limit, (iv) had breached the prudential inter-bank counterparty exposure limit, and (v) had not paid interest on matured unpaid term deposits for the period they remained unclaimed with the bank. In furtherance to the same, a notice was issued to the bank advising it to show cause as to why penalty should not be imposed on it for failure to comply with the provisions of the BR Act and directions, as stated therein.
After considering the bank’s reply to the notice and oral submissions made by it during the personal hearing, RBI came to the conclusion that the charge of non-compliance with the aforesaid provisions of the BR Act and RBI directions was substantiated and warranted imposition of monetary penalty.
3 The Reserve Bank of India (RBI) has imposed, by an order dated September 18, 2023, a monetary penalty of Rs.50,000/- (Rupees Fifty thousand only) on The Sevalia Urban Co-operative Bank Ltd., Sevalia, dist. Kheda, Gujarat (the bank) for non-compliance of directions issued by RBI on ‘Loans and Advances to directors, relatives and firms/concerns in which they are Interested’ read with ‘Loans and Advances to Directors etc. - Directors as surety/guarantors – Clarification’. This penalty has been imposed in exercise of powers conferred on RBI under the provisions of Section 47 A (1) (c) read with Sections 46 (4) (i) and 56 of the Banking Regulation Act, 1949.
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.
Background
The statutory inspection of the bank conducted by RBI with reference to its financial position as on March 31, 2022, and examination of the Inspection Report, Risk Assessment Report and all correspondence related thereto revealed, inter alia, that the bank had sanctioned a loan, wherein a relative of one of the bank’s directors stood as surety/guarantor. Consequently, a notice was issued to the bank advising it to show cause as to why penalty should not be imposed on it for failure to comply with the directions, as stated therein.
After considering the bank’s reply to the notice and oral submissions made by it during the personal hearing, RBI came to the conclusion that the charge of non-compliance with the aforesaid RBI directions was substantiated and warranted imposition of monetary penalty.
4 The Reserve Bank of India (RBI) has imposed, by an order dated September 18, 2023, a monetary penalty of Rs.2.00 lakh (Rupees Two lakh only) on Makarpura Industrial Estate Co-operative Bank Ltd., Dist. Vadodara, Gujarat (the bank) for contravention of Section 26A (2) of the Banking Regulation Act, 1949 (BR Act) and RBI directions on ‘Loans and advances to directors, relatives, firms/concerns in which they are interested’. This penalty has been imposed in exercise of powers conferred on RBI under the provisions of Section 47 A (1) (c) read with Sections 46 (4) (i) and 56 of the BR Act.
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.
Background
The statutory inspection of the bank conducted by RBI with reference to its financial position as on March 31, 2022, and examination of the Inspection Report, Risk Assessment Report and all correspondence related thereto, revealed, inter alia, that the bank had (i) not transferred eligible amount to Depositor Education and Awareness Fund, and (ii) sanctioned a loan wherein a relative of the director of the bank stood as guarantor. In furtherance to the same, a notice was issued to the bank advising it to show cause as to why penalty should not be imposed on it for failure to comply with the provisions of the BR Act and directions, as stated therein.
After considering the bank’s reply to the notice and oral submissions made by it during the personal hearing, RBI came to the conclusion that the charge of non-compliance with the aforesaid provisions of the BR Act and RBI directions was substantiated and warranted imposition of monetary penalty.
5 The Reserve Bank of India (RBI) has imposed, by an order dated September 18, 2023, a monetary penalty of Rs.4.50 lakh (Rupees Four lakh Fifty thousand only) on Gujarat Mercantile Co-operative Bank Ltd., Ahmedabad, Gujarat (the bank) for non-compliance with the directions issued by RBI on ‘Placement of Deposits with Other Banks by Primary (Urban) Co-operative Banks (UCBs)’ and ‘Maintenance of Cash Reserve Ratio (CRR)’. This penalty has been imposed in exercise of powers conferred on RBI under the provisions of Section 47 A (1) (c) read with Sections 46 (4) (i) and 56 of the Banking Regulation Act, 1949.
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.
Background
The statutory inspection of the bank conducted by RBI with reference to its financial position as on March 31, 2022, and examination of the Inspection Report, Risk Assessment Report and all correspondence related thereto, revealed, inter alia, that the bank had (i) breached the prudential inter-bank gross exposure limit, (ii) breached the prudential inter-bank counterparty exposure limit, and (iii) not maintained minimum Cash Reserve Ratio (CRR) for certain days. In furtherance to the same, a notice was issued to the bank advising it to show cause as to why penalty should not be imposed on it for failure to comply with the directions, as stated therein.
After considering the bank’s reply to the notice and oral submissions made by it during the personal hearing, RBI came to the conclusion that the charge of non-compliance with aforesaid RBI directions was substantiated and warranted imposition of monetary penalty.
Directions under Section 35A read with Section 56 of the BR Act, 1949
6 The Reserve Bank of India, vide directive DCBS.CO.BSD-I/D-5/12.22.039/2017-18 dated April 17, 2018, had placed The City Co-operative Bank Ltd, Mumbai under Directions from the close of business on April 17, 2018. The validity of the directions was extended from time-to-time, the last being up to October 16, 2023.
It is hereby notified for the information of the public that, the Reserve Bank of India, in exercise of powers vested in it under sub-section (1) of Section 35 A read with Section 56 of the Banking Regulation Act, 1949, hereby directs that the aforesaid Directions shall continue to apply to the bank from close of business on October 16, 2023 to close of business on January 16, 2024, vide DOR.MON.D-76/12.22.039/2023-24 dated October 16, 2023, subject to review.
All other terms and conditions of the Directives under reference shall remain unchanged. A copy of the directive dated October 16, 2023 notifying the above extension is displayed at the bank’s premises for the perusal of public.
The aforesaid extension and /or modification by the Reserve Bank of India should not per-se be construed to imply that Reserve Bank of India is satisfied with the financial position of the bank.
