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Microfinance Bill: A Major Step Forward for Financial Inclusion?
Submitted by admin on Fri, 07/08/2011 - 13:36
The draft Microfinance Bill placed by the Ministry of Finance on its website on 6 July 2011 represents a major step forward in the government’s engagement with the microfinance sector. In the first main paragraph of its circular of 3 May 2011 the Reserve Bank of India made a clear statement of the decision to regulate the microfinance sector as a separate category. However the circular itself focused on the priority sector status of bank loans to MFIs and did not indicate how the decision on separate regulation was to be implemented in practice. A reading of the draft Microfinance Bill clears this uncertainty to a large extent and creates the expectation that a promotional framework for microfinance as a tool of financial inclusion can now be put in place. However, the bill does raise questions about whether
1
The power to set rules for the conduct of business between the MFIs and their clients would result in the regulator micro-managing a business relationship, and
2
The power to delegate any aspect of development or regulation means that the main supervisory function would be delegated.
But first a brief presentation of some the key provisions of the bill of greatest interest to those engaged in the practice and provision of microfinance services
|
Aspects of microfinance |
Provisions |
Issues/remarks |
|
|
Regulator |
Reserve Bank of India |
A major step forward but RBI may, with the previous approval of the Government, delegate any of its powers with respect to any class of MFI to NABARD |
|
|
Institutions covered |
All those offering microfinance services including NBFCs but not cooperatives |
This is an important step since the earlier draft of the bill only covered not-for-profit MFIs… …the regulator will need to define the expression “micro-“ in monetary terms and keep it updated in line with inflation |
|
|
Jurisdiction over institutions covered |
Limited to the RBI – registered MFIs not to be treated as money lenders under state level enactments |
Also a major step forward freeing MFIs from populist actions of state governments |
|
|
Minimum capital + extent of deployment of assets in microfinance |
Rs5 lakh initially |
Minimum capital affects very small MFIs only but deployment of assets could affect other MFIs also – will ensure that MFIs focus largely on microfinance |
|
|
Systemically important MFIs – currently defined for NBFCs as those with assets in excess of Rs100 crore |
If not already a company, must transform to NBFC (or Section 25 company) |
Very large NGO MFIs will be affected – though only a few such exist |
|
|
Services offered |
Micro-credit, thrift, remittance, pension & insurance services |
A welcome measure; this opens the door for MF NBFCs to offer thrift services and enables the inclusiveness of financial services provided by MFIs |
|
|
Thrift services |
“money collected other than in the form of current account or demand deposits” from micro-clients |
No passbook savings, thrift must be as term or recurring deposits – denies clients the flexibility of frequent withdrawals |
|
|
Security of thrift |
Creation of free reserves in unencumbered securities + first charge over assets in favour of clients/members |
% of profit (to be specified by RBI) must be set aside to create the reserve and will help to protect savers’ interests – this is an excellent measure recommended by M-CRIL all along |
|
|
Prudential norms |
Covering
· income recognition
· accounting standards,
· provisioning for bad debts,
· capital adequacy based on risk weights of assets and
· credit conversion factors for off balance sheet items
· disclosure of assignments or securitizations
· specified norms of corporate governance |
To be specified by RBI – these are normal requirements in any regulatory regime covering banks and other types of financial institutions |
|
|
Business conduct rules |
· Maximum amount of loan
· Term/tenure of loan
· Periodicity of instalments
· Location of transactions |
A limit on the loan amount is needed to define microfinance (and needs to reflect income range in rural and urban areas) but the rest is unnecessary micro-management of a business relationship |
|
|
Pricing & profitability |
· Maximum APR
· Fees, levies, insurance premiums
· Margin cap |
||
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Client protection |
Mandatory membership of credit information bureaus + adherence to codes of conduct & transparency to clients; establishment of advisory councils at the central and state levels |
Inevitable and necessary given the situation that developed in the sector over the past few years; the varying codes of conduct will need to be resolved – a clear combined code of conduct is required for the sector applicable to different categories of MFIs (NBFCs, NGOs) |
|
|
Reporting/information requirements |
The usual reporting and information requirements that facilitate benchmarking and planning |
Normal in any regulatory regime and beneficial to the sector as a whole; this is important for ensuring compliance with the sector’s code of conduct |
|
|
Development resources |
Establishment of a MF Development Fund to enable lending, equity investment, capacity building and research. |
This is not the role of central bank and should, more appropriately, be performed by a dynamic agency with knowledge and understanding of the developmental needs of microfinance. |
|
It is apparent from the table that the bill proposes the adoption of many good practices. Nevertheless, a couple of comments
First, the micro-management of the business relationship between MFIs and clients recommended by the Malegam Committee and evident in most of the “business conduct” provisions of the bill risks leaving the regulation of the microfinance sector open to changing political winds almost in the way that the sudden promulgation of the Andhra Pradesh legislation brought microfinance in the state to a halt. It could be argued that the RBI is a highly respected, careful and knowledgeable institution and, therefore, it will only make changes that are practical, reasonable and necessary and will resist pressures to effect changes purely in response to political winds. M-CRIL expects that this will be the case.
Second, is the provision for the delegation of powers likely to result in the main supervisory function being performed by NABARD? Or is it simply that the RBI does not want to
(i)
perform the development functions incorporated in the bill, and
(ii)
supervise large numbers of small NGOs that it is not equipped to reach or understand.
If the RBI takes direct responsibility for supervising NBFCs (which are the largest MFIs) and delegates the supervision of NGOs to NABARD, this provision is reasonable and positive but greater clarity on the matter would be enlightening and more specific drafting, useful.
M-CRIL welcomes the draft bill as a means of transforming the microfinance sector into a beacon of hope for the financial and economic inclusion of millions of low income families across the country.



Useful tips for fine tuning Financial Inclusion and MF Bill
Recently Finance Minister said that the primary expectation of the nation from banks, including NABARD, in the next decade was to eradicate financial exclusion. He stated that the biggest challenge was to deepen and broaden the inclusive nature of growth which is the central focus of the Government’s agenda. Here are some useful tips for way forward for the task
1. SHG-Bank linkage, MFIs ,Kisan Credit Card (KCC) BCs remain attractive vehicles for financial inclusion in the rural financial landscape. While no doubt these models facilitate financial inclusion, one should not fail to observe the inherent phenomenon like continuous drop out and inactive/inoperative accounts in these conduits are causing serious concern and amply demonstrating the unceremonious exclusion of once ceremoniously included poor. .The drop out was reported by 43% of the SHG The drop out rate was 8.2% of members.(Srinivasan’s report on Indian MF sector) This event also incurs cost. and wastages. In the context of FI being the central focus of Government’s agenda the sordid happenings like drop outs, group mortality, defunct in MF arena is unjust and unfair remaining neglected. ‘Deepening’ requires not only the nascent inclusion but also sustaining the presence of already included, The exclusion of already included merit immediate attention of policy makers and apex institution like NABARD/RBI for making these models into viable one with intensive MIS on this matter for sustaining the inclusion.
2.Role of RIDF & NABARD
The Finance Minister further said that agriculture sector should enhance production and focus should be on improving the situation in Eastern India and dry lands. These region requires adequate infrastructure development to absorb the credit productively. The continuous presence of low Credit/Deposit ration (CD Ratio) of the banking system over a period of time in this region comparatively with others in India indicates inadequate infrastructure facilities(roads, bridges, transport, Market yards. Power, warehouse, communication etc., ) for effective broadening the financial outreach. Dr Rengarajan’ committee report on Financial Inclusion highlighted the fact that ‘ In the absence of this ( physical assets)Financial Inclusion cannot work’.(Page 106) It is therefore suggested that RIDF(Rural Infrastructure Development Fund ) need to be arranged in tune with the demand arising from Potential Linked Credit Plan and District Credit Plan by NABARD as it would facilitate reduction in infrastructure gap on one hand and increase financial inclusion with enhancement of productivity of micro credit on the other
3.Fine tuning MF Bill
3.1 There is ambiguity in the terms ‘Institution’ and ‘micro’ . The institution should not confine to credit services only. The ‘micro’ need to be defined more ethically with non monetary consideration besides monetary term from development perspectives.
3.2 Regarding Classification of qualifying assts’ as priority sector, I consider that treatment of bank financing to NBFC – MFIs as ‘indirect finance’ in general is not ideal one and making them eligible as ‘priority sector advance’ status to such finance (85% of total asset) is also irrational. Because in the first, it keeps the principal funder or supplier –the banks away from the ultimate poor borrowers and eventually they are kept dark on the happenings of their micro credit -so called ‘qualifying asset’ at client level .embedded with the declared ‘characteristics’. This is much against the norms of ‘supervised credit’ followed by the banks under this sector advances at field level. Second the detailed guidelines for ‘priority sector advance’ , meticulously designed by RBI, with the focus on development of agriculture, small scale industry and services sectors at large in rural area with an exclusive sub sector ‘weaker section advances ’ for the upliftment of poor , cannot be adopted justifiably by NBFC- MFI .Earlier, Priority sector (P.S)advances guidelines( issued by RBI for the banks) have been meticulously drafted for each one of the schemes under the above sectors taking cognizance of the economics of the activity concerned and accordingly the norms and procedures for loan amount, margin, interest, collateral, eligibility, moratorium, repayment schedule for all the micro credit products have been worked out. For certain schemes like crop loans, livestock, coverage of insurance is mandatory .Besides, both outlay for this sector and the schemes to be covered are to based on the service area credit plan for the banks. I am afraid all these credit discipline rules are truly followed by the so called NBFC-MFIs in practice.. Even the recommended norms for repayment , pattern ( weekly. fortnightly Monthly, )/ moratorium period do not rationally coincide with income generation of the activity financed( e.g. under P.S , repayment for crop loan only during harvest period, initial repayment holiday for many types of livestock loan, ) There are therefore lot of inconsistencies from development perspectives in practice..
4. Imperative for effective monitoring
In fine, the concept of ‘Priority sector advances’ and ‘Microfinance’ as conceived by Apex bank /policy makers in India, have immense development potential values and have more positive role in the battle against poverty. But many times for the sake of regulation of the institutions albeit necessary, there appears to be a lot of compromises on development perspectives. Reckoning the loan to NBFC-MFI as priority sector advances is one coming under this purview. In this regard we have enough lessons from RRB functioning in India in terms of its contribution towards the welfare of the rural poor .Further I wonder whether the performance of these MFI’s under this classification priority sector status is monitored effectively in the various coordination forums at block/district/.state level (BLBC/DCC/SLBC) created for the bankers and development agencies by RBI under lead bank scheme
5. Client protection
What I emphasize here is that ‘client protection’ should cover provision of all MF services besides micro credit holistically to the clients according to their need so that qualitative positive impact on poverty reduction is ensured more transparently and monitored both from regulatory and development perspectives as well instead of mere adhering some mandated conduct codes and claiming some credit rating quantitatively at institutional level .
Dr.V.Rengarajan
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