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September 03, 2018

Why in news?

The Reserve Bank of India is said to tighten the regulatory norms for the private banks.

What is the proposal?

  • Reserve Bank of India (RBI) plans to “sensitise” the private banks' boards.
  • RBI officials will brief bank boards on the role of independent directors.
  • They would also sensitise independent directors on their liabilities under the
  1. Prevention of Corruption Act (PCA)
  2. Companies Act
  3. Criminal Procedure Code (CrPC)
  • The central bank may even tighten the criterion for electing and appointing such directors.

What is the need?

  • The central bank’s move comes two years after a decision by the Supreme Court (SC) in 2016.
  • SC observed that “officers” of private banks are “public servants” under the PCA.
  • The judgment paved way for strengthening the anti-corruption enforcement measures in the private arena.
  • The PCA (Amendment) Bill, 2013 also sought to include private players into the ambit of the PCA.
  • The immediate trigger is a recent Central Bureau of Investigation’s (CBI’s) first information report.
  • It named two independent directors of IDBI Bank over a Rs 6-billion loan given by it to former Aircel promoter.
  • Notably, the bank is not a private one and is government-owned (but not nationalised).
  • Besides, a recent case of possible misconduct by ICICI Bank CEO highlighted the concerns in corporate governance.
  • Also, there are concerns with the disclosed levels of non-performing assets at few private banks.
  • There are variations in these when compared to the RBI’s assessment.
  • These have led the central bank to tighten its regulation on the role of independent directors.

 

Source: Business Standard

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