Karnataka Bank Limited



LEGAL & RECOVERY DEPARTMENT

 

NON-DISCRETIONARY ONE TIME SETTLEMENT SCHEME  FOR MICRO AND SMALL ENTERPRISES (MSE) SECTOR



SALIENT FEATURES OF THE SCHEME:

 

A. Title :


The scheme is called as `Non-discretionary One Time Settlement Scheme for Micro and Small Enterprises  (MSE) Sector’.

B. Applicability: 


The scheme will apply to Micro  Enterprises and Small Enterprises depending upon the amount of investment in Plant & Machineries, investment in Equipments, as defined in the `Micro, Small and Medium Enterprises Development (MSMED) Act 2006’ enacted by the Govt. of India on 16.06.2006 and notified on 2.10.2006, as detailed below:

 

(a) Enterprises engaged in the manufacture or production, processing or preservation of goods:

 

i) A Micro Enterprise is an enterprise where investment in plant and machinery [original cost excluding land and building and the items specified by the Ministry of Small Scale Industries vide its notification No. S.O. 1722(E) dated October 5, 2006 (Annexure-I] does not exceed Rs.25.00 lakh.

 

ii) A Small Enterprise is an enterprise where the investment in plant and machinery (original cost excluding land and building and the items specified by the Ministry of Small Scale is more than Rs.25.00 lakh but does not exceed Rs.5.00 crore.

 


 

 

(b) Enterprises engaged in providing or rendering of services:

 

These will include small road & water transport operators (owning a fleet of vehicles not exceeding ten vehicles), retail trade (with credit limits not exceeding Rs.10.00 lakh), small business (whose original cost price of the equipment used for the purpose of business does not exceed Rs.20.00 lakh) and professional & self employed persons (whose borrowing limits do not exceed Rs.10.00 lakh of which not more than Rs.2.00 lakh should be for working capital requirements except in case of professionally qualified medical practitioners setting up of practice in semi-urban and rural areas, the borrowing limits should not exceed Rs.15.00 lakh with a sub-ceiling of Rs.3.00 lakh for working capital requirements)  provided investment in equipment (original cost excluding land and building and furniture, fittings and other items not directly related to the service rendered or as may be notified under the MSMED Act, 2006) are as specified below.

 

(i)A Micro Enterprise is an enterprise where the investment in equipment does not exceed Rs. 10.00 lakh.

 

(ii) A Small Enterprise is an enterprise where the investment in equipment is more than Rs.10.00 Lakh but does not exceed Rs. 2.00 crore.

 

C. GUIDE LINES FOR COMPROMISE SETTLEMENT:

 

1.COVERAGE:


a)These guidelines will cover all NPAs in the MSE Sector which are NPA as on 31-03-2009 including SARFAESI, Suit Filed and BIFR accounts. 

    

b) Cases of willful default, fraud & malfeasance will not be eligible to be covered under this Scheme.


 

2. Settlement formula:


Minimum amount to be recovered:

 

Particulars

Substandard Assets

Doubtful Assets (DS1, DS2, DS3)

Loss Assets

NPA prior to 31.03.2004:

Accounts with book balance upto Rs. 5.00 lakhs.

70% of net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

60% of net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

40% of net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

Accounts with book balance above Rs. 5.00 lakhs

90% of net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

75% of net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

60% of net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

NPA after 31.03.2004:

Accounts with book balance upto Rs. 5.00 lakhs.

Net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

80% of Net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

50% of net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

Accounts with book balance above Rs. 5.00 lakhs

Net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses plus interest @10%  (simple) from the date of NPA till the date of payment.

Net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses plus interest @ 8%  (simple) from the date of NPA till the date of payment.

75% of net balance as at 31.03.2009 plus expenses debited subsequently, and outstanding lawyer’s bill/other expenses.

 

Note:

 

In case of loans with book balance exceeding Rs. 5.00 lakhs secured by equitable mortgage of immovable properties, the minimum settlement amount will be the value of securities or amounts specified above, whichever is higher. For this purpose, the properties shall be re-valued at the time of submission of proposal by the branch.


 

 

3. Payment of OTS amount:


The application for OTS under the Scheme should be accompanied by at least 10% of the OTS amount upfront. Balance OTS amount should be paid within 2 months from the date of communication of acceptance. In exceptional circumstances, the OTS Permitting Authority may extend the period by another one month.

 

4. Approving Authority:

 

The decision on compromise settlement & consequent sanction of waiver or remission or write off will be taken by the competent authority at Head Office under the delegated powers, as applicable to other compromise settlements.

 

5.Time frame of the Scheme:

 

The Scheme will come into force from 15.10.2009 and will remain in force up to 31.03.2010. Applications received at the branches up to 31.03.2010 will be considered.