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Policy for One-Time Settlement (OTS) scheme for Micro & Small
Enterprises (MSE) Sector
Particulars
Guidelines
General
In terms of RBI's Master Direction on Lending to Micro,
Small and Medium Enterprises (MSME) Sector", the Bank
has put in place non-discretionary One-Time Settlement
(OTS) Scheme for the recovery of Non-Performing Assets
(NPAs) under MSE Sector as a part of its Board Approved
Recovery Policy. The salient terms and features of the
said Policy are as below.
Units / Borrowers Covered:
This OTS Scheme shall cover all NPAs of borrowers from
MSE sector (only MSE units as per the above referred RBI
Master Circular), as at the end of previous month. Any
eligible borrower who is in default and classified as NPA
in the books of the Bank, intending to clear the
outstanding dues through compromise/settlement, can
submit the written settlement proposal to the Bank. The
competent authority of the Bank, after examining the said
proposal, shall revert on the acceptance or rejection of the
said OTS proposal within 30 working days from the
receipt of such a proposal.
Computation of Settlement
Amount
The minimum amount required for entering into a
settlement/compromise would be 100% of the total
outstanding balance/dues including interest as on the
date of approval of compromise/settlement along with
the expenses incurred by the Bank for recovery
proceedings
Interest from the date of settlement approval to the date
of final payment shall be waived, provided the borrower
adheres to the conditions as outlined in the settlement /
compromise approval.
Note - The outstanding balance means the outstanding
balance including interest in the loan account as on date
of NPA plus unapplied interest from date of NPA
(substandard) till the date of compromise/settlement
minus any recoveries received plus expenses and charges
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in the account till date, including but not limited to
Cheque Bounce Charges, Late Payment fees,
Repossession Charges, inventory holding costs, legal &
court fees and auction charges.
Repayment Terms
The settlement amount is to be repaid entirely in one
lumpsum i.e. one tranche after the approval of OTS
proposal.
In case, lump sum payment cannot be made, then a
minimum of 25% of the settlement amount to be paid
upfront in the form of DD/RTGS/NEFT and deposited
by the borrower immediately after the approval of
settlement and the balance settlement amount along with
simple interest at 10 % p.a from the date of settlement up
to date of final payment to be paid within 60 days from
the date of communication of acceptance of settlement
proposal by the Bank.
Source of Payment
The borrower intending to enter into compromise
settlement has to provide a written statement/letter about
source of settlement amount. The statement thus
provided would be examined before official acceptance or
rejection of the compromise proposal to ascertain the
certainty and feasibility of the settlement proposal.
Non-compliance of
settlement terms/default in
payment
In case of default in payment of full dues or any
tranche/instalment as per the settlement terms and non-
compliance of other terms of settlement, the Bank
reserves the right to cancel the OTS immediately and
withdraw all relief, waiver and concessions given to the
Borrower and restore the original dues prior to sanction
of OTS proposal and shall initiate/continue with legal
actions, for continued default beyond 90 days, to recover
the dues prior to the settlement, minus amount already
paid during settlement, along with future interest thereon
till the date of receipt of all the outstanding dues.
Other General Terms
1. All eligible customers should submit a written
settlement proposal to the branch concerned.
2. The decision on the amount of one-time settlement
and consequent sanction of waiver of unapplied
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interest and / or write off shall be taken by the
competent authority as per the delegated board
approved powers.
3. Wherever borrowers have filed cases against the
bank/made counter claim in any Court or
Tribunal, settlement under the Scheme shall be
subject to withdrawal of the case/counter claim.
4. OTS proposals submitted by the parties under
MSE Sector which are not in accordance with this
Scheme will be taken up and processed as per the
Bank’s existing Recovery and OTS Policy.
5. Indian Banks’ Association (IBA) vide Lr. No.
CandI/Misc/1435 dated May 14, 2007 informed
that Reserve Bank of India advised banks that
they may enter into compromise settlement with
wilful defaulters/fraudulent borrowers without
prejudice to the criminal case against the borrower
and that such cases of compromise settlement
should be vetted by Management
Committee/Board of the respective Banks.
6. Wherever OTS amount is funded by other
Banks/Financial Institutions/NBFCs/SC/RC, the
Bank may assign the debt/ securities in their
favour. In such cases, the guidelines framed for
sale of financial assets will apply.
7. There are cases, where Guarantors in NPA
accounts come forward with settlement proposal
so that they can seek release of their
guarantees/securities or discharge them from
payment of bank dues. Such proposals from
guarantors and/or one of the Directors would be
treated on par with the proposals received from
Borrowers.
8. This OTS scheme will be valid and may be subject
to changes as per directions of the RBI in this
regard from time to time.