labels: economy - general
Kerala awaits RBI, Nabard nod news
James Paul
15 December 2001
Thiruvananthapuram: Revenue and Law Minister K M Mani said here that the state government is awaiting clearance from the Reserve Bank of India (RBI) and Nabard to reschedule loans taken by Kerala farmers from scheduled commercial banks.

In an article explaining the salient features of the Kerala Agriculture Debtors (Temporary Relief) Act, passed by the state assembly recently, Mani said the government plans to take steps to get short-term loans rescheduled as medium-term, and medium-term loans as long-term loans respectively, subject to the RBI clearance. The government would also make provisions for the repayment of non-performing loans by extending concessions in terms of interest payments and installments.

Mani said this is the first time that the state government is taking such a comprehensive step while taking on the burden of providing relief to the farming community, reeling as it is under a major crisis. The state was witness to two similar Debt Relief Acts in 1958 and 1970, but these covered only loans taken from individual money-lenders and did not cover loans taken from cooperative societies or the loan commitments to the government involving payments out of the consolidated fund. In 1955 and 1956, similar Acts were passed in Malabar and Travancore-Kochi covering loans taken from private parties.

Even though the government would have to incur an additional financial burden of Rs 150 crore under this head, the farming community would benefit by an estimated Rs 600 crore. Terming the Debtors Act as a landmark legislation, Mani said it would provide relief to farmers owning less than two hectares with an annual income of Rs 60,000. It would provide relief to agriculture workers as well.

All loans taken by them from cooperative banks, the government or individuals would come under the purview of the Act. The benefits cover not only government loans but all other overdues payable to the government, including loans taken from government-owned financial institutions. But loans taken under the Kudumbashree scheme, implemented with the financial assistance of Nabard, and the housing schemes implemented by the Kerala State Housing Board with the financial assistance of Hudco have not been brought under the purview of the Act.

The farmers income would not be decided on the basis of the family income. All loans taken by a member or more than one member of a family from one or more than one bank will get the benefits on all loans that do not exceed Rs 50,000. The new Act declares a moratorium of one year on all loans taken from the government or individual financiers and on all such overdues. In the case of cooperative banks, the moratorium would be for six months. Loans need not be repaid during the moratorium period. The overdues need be repaid in 30 installments after the moratorium period.

Mani said the government would pay up the estimated Rs 50-crore loss that the cooperative banks would have to sustain on interest dues. In addition, the government will also take on the burden of the Rs 100-crore loss on interest dues on loans taken from the government and private agencies. Mani said only the RBI-nominated rates would be applicable to loans taken from private agencies irrespective of the interest rates mentioned in the loan documents. Any interest rate lower than the RBI rates would prevail. Revision of interest rates on all repayments made prior to the implementation of the Act would not be allowed.

Even though a moratorium period, ranging from six months to one year, has been provided along with a 30-month installment facility, those who pay up their overdues ahead of the stipulated time would be eligible for all the benefits announced as per the Act.

The Debtors Act also prohibits filing of any kind of appeal or revision petition or review petition in any civil court, tribunal or any other authority in all cases disposed off against the farmer. All court proceedings relating to recovery of loan dues and other commitments have been stayed during the moratorium period.

Similarly, all proceedings, complaints and appeals would be stayed during the moratorium period. In addition, the Act gives protection to farmers against whom criminal proceedings have been initiated for non-repayment of dues in the event of his filing a petition claiming to be a farmer coming under provisions of the Act.

The protection has been extended to all cases related to bouncing of cheques filed in criminal courts under Section 138 of the Negotiable Instruments Act. Mani said his government is in the process of preparing comprehensive schemes to revive the fortunes of the agriculture sector.

 



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Kerala awaits RBI, Nabard nod