News Analysis (06 May, 2020) : Co-Operative Banks Under Sarfaesi Act
News Analysis (06 May, 2020) : Co-Operative Banks Under Sarfaesi Act
News Analysis (06 May, 2020) : Co-Operative Banks Under Sarfaesi Act
drishtiias.com/current-affairs-news-analysis-editorials/news-analysis/06-05-2020/print
Why in News
Recently, the Supreme Court held that Co-operative banks established under a State law
and multi-State level co-operative societies come within the ambit of the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest (Sarfaesi)
Act of 2002.
Key Points
Conflicting decisions by high courts: The judgment came in view of several
conflicting decisions by high courts on the issues of
Whether the Co-operative banks can be called ‘Banks (financial Institution)’
under the Banking Regulation Act of 1949 or,
Whether the Parliament has legislative competence to regulate financial assets
of cooperative banks formed under state law.
The argument was that under Lists I and II of the 7th Schedule, the
Constitution provides for distinct fields of legislative entries for the state
legislature and Parliament and once there is already a valid law made by
the state referring to its own field, there should not be a parallel
parliamentary law on the same topic.
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Supreme Court verdict:
Upholding the central government notification of January 28, 2003 which
brought co-operative societies within the purview of the Sarfaesi Act, the
Supreme court said Co-operative banks come within the definition of
“Banks” under the Banking Regulation Act, 1949 for the purposes of the Sarfaesi
Act.
The recovery procedure under the Sarfaesi Act is also applicable to co-
operative banks and there is no clash with the Banking Regulation Act,
1949.
The court also ruled that the Parliament has legislative competence to
provide procedures for recovery of loans under the Sarfaesi Act with respect
to cooperative banks.
The court was of the opinion that recovery of dues would be an essential
function of any financial institution and co-operative banks cannot carry on
any activity without compliance of provisions of the banking Act and any other
legislation applicable to such banks and the RBI Act.
Sarfaesi Act
Banks utilize Sarfaesi Act as an effective tool for bad loans (Non Performing Asset)
recovery.
The Sarfaesi Act is effective only against secured loans where banks can enforce
the underlying security.
Following are the main objectives of the Sarfaesi Act.
Provides the legal framework for securitization activities in India.
It gives the procedures for the transfer of NPAs to asset reconstruction
companies for the reconstruction of the assets.
Enforces the security interest without Court’s intervention.
Gives powers to banks and financial institutions to take over the immovable
property that is pledged to enforce the recovery of debt.
Major feature of Sarfaesi is that it promotes the setting up of asset reconstruction
companies (ARCs) and asset securitization companies (SCs) to deal with NPAs
accumulated with the banks and financial institutions.
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The Act provides three alternative methods for recovery of non-performing assets,
namely:
Securitisation
Securitization is the practice of pooling together various types of debt
instruments (assets) such as mortgages and other consumer loans and
selling them as bonds to investors.
Asset Reconstruction
Asset reconstruction is the activity of converting a bad or non-performing
asset into performing asset with the help of Asset reconstruction
companies.
Enforcement of Security without the intervention of the Court.
If the borrower defaults, the bank may enforce security interests by:
Take possession of the security;
Sale or lease or assign the right over the security;
Appoint Manager to manage the security;
Ask any debtors of the borrower to pay any sum due to the
borrower.
Source: IE
Why in News
The Covid-19 pandemic has left its impact on all sectors of the economy including the
Medium, Small and Micro Enterprises (MSMEs) sector.
Earlier the government had declared the relief package namely, the PM Garib Kalyan
Yojana for the poor to help them fight the battle against Coronavirus (Covid-19), the
second package is expected to primarily focus on the MSME sector.
MSMEs in India
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Definition of MSMEs:
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Statistical Data about MSMEs in India:
Total Number of MSMEs: According to the Annual Report of the Department of
MSMEs (2018-19), there are 6.34 crore MSMEs in the country.
Rural-Urban Distribution: Around 51% of these are situated in rural India and
49% of them are situated in urban India.
Employment: Both rural and urban MSMEs together employ over 11 crore
people but 55% of the employment happens in the urban MSMEs.
Category-wise Distribution: 99.5% of all MSMEs fall in the micro category.
While micro enterprises are equally distributed over rural and urban India, small
and medium ones are predominantly in urban India.
Social Distribution of MSMEs: About 66 % of all MSMEs are owned by people
belonging to the Scheduled Castes (12.5%), the Scheduled Tribes (4.1%) and
Other Backward Classes (49.7%).
Gender Ratio in MSMEs: The gender ratio among employees is largely
consistent across the board at roughly 80% male and 20% female.
Geographical Distribution: Seven Indian states account for 50 % of all MSMEs.
These are Uttar Pradesh (14%), West Bengal (14%), Tamil Nadu (8%),
Maharashtra (8%), Karnataka (6%), Bihar (5%) and Andhra Pradesh (5%).
Way Forward
The government can provide tax relief (GST and corporate tax), give swifter refunds,
and provide liquidity to rural India (may be through PM-Kisan) to boost demand for
MSME products.
A credit guarantee by the government can help as it assures the bank that its loan will
be repaid by the government in case the MSME falters. If such defaults happen, credit
guarantees are shown as a departmental expense in the Budget.
Source: IE
Why in News
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Iran's parliament has passed a bill allowing the government to slash four zeros from the
rial and authorizing its replacement with another basic unit of currency called the toman
(redenomination).
Under the bill, Iran's national currency will be changed from the rial to the Toman,
which is equal to 10,000 rials.
Redenomination:
It is the process whereby a country's currency is revalued due to significant
inflation and currency devaluation, or when a country adopts a new
currency and needs to exchange the old currency for a new one at a fixed
rate.
In simpler words, it is exchanging old currency for new currency, or changing the
face value of existing notes in circulation.
Key Points
Eliminating the four zeros was a necessary action to simplify financial
transactions.
It would vastly simplify financial calculations by eliminating the need for Iranian
shoppers to carry loads of rials to make purchases, which they have to do
because of inflation.
According to the Iran's Students News Agency (ISNA), the bill needs to be approved
by the Guardian Council, a body of conservative clerics that supervises the
Parliament.
After its approval, the Central Bank of Iran will have two years to implement the
change for removing rial from circulation and issuing toman instead.
Background
This move comes after a sharp fall in the value of the currency as a result of
crippling US sanctions.
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The currency has been devalued 3,500 times since 1971. It declined steadily since
the Iranian Revolution, 1979 brought the religious government to power.
The idea of removing four zeros has been floated since 2008 but gained strength after
2018 when the US exited Iran's 2015 nuclear deal and reimposed sanctions and
the rial lost more than 60% of its value.
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2013-16: Closer ties and a nuclear deal
In September 2013, Iran's new moderate President Hassan Rouhani took office.
In 2015, after a flurry of diplomatic activity, Iran agreed on a long-term deal on
its nuclear programme- Joint Comprehensive Plan of Action (JCPOA) with a
group of world powers known as the P5+1 - the US, UK, France, China, Russia
and Germany.
Under the accord, Iran agreed to limit its sensitive nuclear activities and
allow in international inspectors in return for the lifting of crippling economic
sanctions.
2018-19: US-Iran Tensions in current times
Policy of maximum pressure: In May 2018, the US abandoned the nuclear deal
and reinstated economic sanctions against Iran.
Policy of strategic patience: Iran acted with restraint, with thinking that by
abiding by the nuclear deal it could get economic favour from the EU. However,
this policy failed to work for Iran and thereby it began a counter-pressure
campaign.
In June 2019, Iranian forces shot down a US military drone over the Strait of
Hormuz and then began the cycle of response and escalation between the two
countries.
Source: TH
Silent Hypoxia
Why in News
Amidst the ongoing Covid-19 pandemic, medical practitioners have reported a condition
called silent or happy hypoxia, in which patients have extremely low blood oxygen
levels, yet they do not show signs of breathlessness.
It has left medical practitioners confused and many of them are now advocating for its
early detection as a means to avoid a fatal illness called Covid pneumonia.
Key Points
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Hypoxia
It is a condition wherein there is not enough oxygen available to the blood
and body tissues.
Hypoxia can either be generalised, affecting the whole body, or local, affecting
a region of the body.
Normal arterial oxygen is approximately 75 to 100 millimetres of
mercury (mm Hg) and normal pulse oximeter readings usually range
from 95 to 100%.
Values under 90% are considered low.
When levels fall below 90%, patients could begin experiencing lethargy,
confusion or mental disruptions because of insufficient quantities of oxygen
reaching the brain.
Levels below 80% can result in damage to vital organs.
Silent Hypoxia
It is a form of oxygen deprivation that is harder to detect than regular hypoxis
because patients appear to be less in distress.
Covid pneumonia, a serious medical condition found in severe Covid-19
patients, is preceded by silent hypoxia.
Many Covid-19 patients with oxygen levels below 80% look at ease and alert.
There have been a few cases of oxygen levels below 50% as well.
Those with such low levels of oxygen would normally appear extremely ill
but not in silent hypoxia cases.
In many cases, Covid-19 patients with silent hypoxia did not exhibit symptoms
such as shortness of breath or coughing until their oxygen fell to acutely
low levels, at which point there was a risk of acute respiratory distress (ARDS)
and organ failure.
Reasons:
The reason why people are left feeling breathless is not because of the
fall in oxygen levels itself but due to the rise in carbon dioxide levels
that occur at the same time, when lungs are not able to expel this gas
efficiently.
In some Covid-19 cases, this was not the response and patients did not
feel breathless.
It happened because in patients with Covid pneumonia, the virus causes
air sacs to fall, leading to a reduction in levels of oxygen. However, the
lungs initially do not become stiff or heavy with fluid and remain
compliant meaning they are able to expel carbon dioxide and avoid its
buildup. Thus, patients do not feel short of breath.
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A medical device called a pulse oximeter can be used in the early detection of silent
hypoxia.
Active Covid-19 or suspected cases can check their oxygen levels early on by
using the device.
A fall in oxygen levels can serve as a signal for seeking additional treatment
immediately.
Concerns have been raised against it arguing that the frequent use of the device
would lead to increased anxiety.
Pulse Oximeter
It is a test used to measure the oxygen level (oxygen saturation) of the blood.
The device measures the saturation of oxygen in red blood cells (RBCs) and can be
attached to a person’s fingers, toes, nose, feet, ears or forehead.
The method is easy and painless and the device can be reused or disposed of after
use.
It is generally used to check the health of patients with known conditions that affect
blood oxygen levels like heart and lung conditions.
Covid Pneumonia
It is a potentially deadly condition in Covid-19 patients which affects the lungs’
ability to transfer oxygen and causes breathing difficulties.
When a person cannot inhale enough oxygen and exhale enough carbon dioxide, the
pneumonia can lead to death.
Covid pneumonia is especially severe because it is viral and it completely affects
the lungs instead of small parts.
Other kinds of pneumonia which are caused mainly by bacteria and can be
treated using antibiotics are less severe than Covid pneumonia.
Patients are required to be put on ventilator support in such severe cases to ensure
adequate circulation of oxygen in the body.
Source: IE
Why in News
Recently, China has successfully launched the Long March 5B’ rocket and prototype
spacecraft.
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It is being considered as China’s successful step to operate a permanent space station
and send astronauts to the Moon.
India is also planning to launch its own space station.
A space station is a spacecraft capable of supporting crew members, designed to
remain in space for an extended period of time and for other spacecraft to dock.
One fully functional space station in the Earth's lower orbit is the International
Space Station and astronauts conduct different experiments in it.
Key Points
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ISS is a habitable artificial satellite - the single largest man-made structure in low earth
orbit. Its first component was launched into orbit in 1998.
It circles the Earth in roughly 92 minutes and completes 15.5 orbits per day.
The ISS programme is a joint project between five participating space agencies: NASA
(United States), Roscosmos (Russia), JAXA (Japan), ESA (Europe), and CSA
(Canada) but its ownership and use has been established by intergovernmental
treaties and agreements.
It serves as a microgravity and space environment research laboratory in which crew
members conduct experiments in biology, human biology, physics, astronomy,
meteorology, and other fields.
Continuous presence at ISS has resulted in the longest continuous human presence in
the low earth orbit.
It is expected to operate until 2030.
Source:TH
Why in News
Recently, the Department of Science and Technology (DST) conducted a webinar on
‘Fighting Corona - Leveraging Scientific Research & Innovation’ on the occasion of its
50th foundation day.
The webinar also mentioned some of the schemes implemented by the DST namely,
SUPRA, IRHPA, NIDHI, SATHI and MANAK.
Schemes
SUPRA: The Scientific and Useful Profound Research Advancement ( SUPRA) intends to
fund exploration of new scientific and engineering breakthroughs with global impact.
IRHPA: The Intensification of Research in High Priority Areas (IRHPA) program of the
Science and Engineering Research Board (SERB) supports proposals in high priority
areas from the viewpoint of advances in fundamental science.
SERB was set up as a statutory body in 2009 under the Department of Science
and Technology to promote and fund research in different scientific disciplines.
NIDHI Scheme: National Initiative For Developing And Harnessing Innovations (NIDHI)
is an end to end plan for startups to double the number of incubators and startups in
the last five years.
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MANAK Scheme: MANAK (Million Minds Augmenting National Aspirations and
Knowledge) intends to trigger innovations from annually 10 lakh school children
throughout the country to convert their ideas into prototypes, preparing the children
for challenges of future like innovation and entrepreneurship and helping them
harness the power of their ideas.
SATHI Scheme: Sophisticated Analytical & Technical Help Institutes (SATHI) intends to
create centres housing equipment dedicated to the needs of MSMEs and startups for
rapid prototyping developed at the cost of Rs 125 crore each to connect industry with
academia.
Source:PIB
Why in News
Recently, five Indian photojournalists won the 2020 Pulitzer Prize for feature photography.
Key Points
Pulitzer Prize is awarded for outstanding public service and achievement in
American journalism, letters, and music.
It is awarded in the name of Joseph Pulitzer, a newspaper publisher who gave money
in his will to Columbia University to launch a journalism school and establish the
Prize.
It was established in 1917 and is administered by Columbia University and Pulitzer
Prize Board.
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Each winner receives a certificate and a US$15,000 cash award. The winner in the
public service category is awarded a gold medal.
Source: IE
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