Default Loan Culture

Sunday, 20 December 2009

DEFAULT LOAN CULTURE ( Bangladesh Perspective)
M.S. Siddiqui

The book “Default Loan Culture” is based on study or Research Paper of M S Siddiqui, a Lecturer of Leading University, Dhaka Campus and a businessman is working with a different approach. The book has visible sign of experience of a businessman and research of a teacher. It is a first ever research on Management of Non Performing Loan in Bangladesh. Most of the research in Bangladesh to find the reasons of Default Loan and conclude by suggesting a simple solution of recovering default loan by enacting more strong law.

The finding of study that there is no law for proper utilization of Non Performing Loan (NPL) of Bank and management process of NPL like other countries.

All the laws and rules are related to recovery of loan has been evaluated with reference to laws and rules of other countries.

There are many alternate dispute solution processes in other countries and writer suggested some dispute solution process for Bangladesh. Loan recovery and Management of NPL, both should be go side by side for proper utilization of over Tk 23,000 cr creating employment and contribution to GDP.

There are some suggestions of Alternate dispute solution like Banking Ombudsman and formation of Asset Management Company.

The book has references of many good decisions of past but the question may arises why those decisions were not implemented. There were a number of commissions to find the reasons of default loan and recommendation of some way out of the problem. Those are seems in the file of the different departments of the Government. They writer has given due reference to those papers and those should be implemented immediately.

The book starts with history of Small and Medium Enterprises and history of Industrialization from British period. The writer has analysis of Import policy and evaluated the five year plans of Bangladesh since 1972 particularly the policy and guide line of Industrialization of Bangladesh.

The book more on solution of Default loan rather than trying to find the reason of default. We need immediate solution of problem not only blaming some one for the crisis.

The book forwarded by noted economist Dr Abul Barkat, Professor of Dhaka University of Economic Department. According to him the study provides an analysis in to various high utility dimensions pertaining the Industrial Sickness of SMEs. The author’s treatment of the subject is logically well-knitted. The recommendations forwarded towards rehabilitation of sick industries in both Bangladesh and India should of high interest to the relevant policy makers. The experience of both China and Japan towards changing pertinent laws to address sick industries should also be treated as positive learning issues.

The import part of the study is classification of defaulters to solve the issue has been evaluated nicely and need to note by our policy makers. The writer has shown courage to tell some of the truth about different decisions un-implemented, weakness of existing laws and eye opening suggestions to solve the issue.

The cover looks attractive and printing quality seems reasonably acceptable with some printing mistakes.

The relevant authority and researcher will find new dimension of the issue in the book.

This is an eye opener for Policy makers in Bangladesh to understand why we cannot overcome the problem.

The price of the book is Tk 200 for pages about 150 pages but worthy considering many new information and study. The available in some book stall in the country and also with writer at 15 New Baily Road, Dhaka-1000.Phone: 9346780-81, Mobile: +8801711469971, +8801198006616

We expect wide circulation of the book.

Contents:

Chapter-One

1. Introduction
1.1 -Sickness:

1.2 -Why Bank loan?

1.3 -Background of Bangladesh Economy:

Chapter-Two

2.1-The Industrial Sector

2.2-Government plan and policies for Industrialization:-

2.3- First Five years plan:-

2.3.1- Development of Capital Goods Sector:

2.3.2 -Small Industries:

2.3.3- Rural and Cottage Industries:

2.3.4- Export Oriented Industries:

2.3.5-Strategy for Increasing Industrial Output

2.3.5.1- Nationalized Sector:

2.3.5.2 -Private Sector:

2.3.5.3- Foreign Investment:

2.3.5.4- Geographical Dispersal:

2.3.5.5-Choice of Technology:

2.3.5.6-Increased Capacity Utilizations:

2.3.5.7-Growth through Linkages:

2.4-Second Five year plan

2.4.1-Objectives and Strategies of the Plan

2.4.1.1-Objectives:

2.4.1.2-Industrial Development Strategy:

2.5-Third Five Year Plan

2.5.1-Strategies:

2.6 Fourth Five Year Plan: Objectives of Industrialization:

2.6.1- Strategies and Policies:

2.7-The Fifth Five-Year Plan: Objectives and Strategies for Industrialization:

2.8- The Industrial Policy 1991:

2.9- The Industrial Policy 1999:

Chapter-Three

3. Industrial Sickness:

3.1-Concept of Sickness:

3.2- Chronology of Industrial Sickness:

3.3- Sickness Industries:

3.4- Definition of Sick Industry:

3.5- Factors of Sickness:

3.6- Industrial Sickness:

3.6.1- Bangladesh

3.6.2- Statistics:

3.7 -Reason of Sickness:

3.8. Reason of Sickness in Bangladesh:

3.8.1 Causes of Industrial sickness: A Study of BIDS

3.8.2. Symptoms and Factors:

3.8.2.1 Symptoms:

3.8.2.2- Internal Factors:

3.8.2.3 External Causes:

3.9. Constraints Faced in Production Cycle:

3.9.1-Implementation:

3.9.2- Production:

3.9.3- Personnel and Labor Relations:

3.9.4-Test of Hypotheses:

3.9.5- Findings of Sick Industries Cell, Government of Bangladesh:

Chapter-Four

4. Sickness and Remedy in others Countries:

4.1- Some recommendations to rehabilitate the Sick Industries.

4.2- Study in India to Measures to Control Sickness

4.3-Navak Committee:

4.4-Goswami Committee

4.5-Kapur Committee:-

4.6. Various Steps taken by Indian Government to Control the Sickness in SSIs:-

4.7 -Steps Taken in Ninth Five-Year Plan

4.8- Other steps:

4.9-Delayed payments:-

4.10- Rehabilitation of sick units:

4.11 Change of Laws:

4.11.1 The Recovery of Debts due to Banks and Financial Institutions Act 1993.

4.11.2-Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act 2002:-

4.11.3- Companies (Amendment) (Second Amendment) Act 2002:

4.11.4-Japanese policy:

4.11.5-Chinese experience:-

Chapter-Five

5. Sick Industry to Default Loan to Loan Defaulter:-

5.1-Classification of Defaulters:-

5.2- Classification of Defaulters in India:

5.2.1- Guidelines issued on willful defaulters (May 30, 2002)

5.3- Definition of willful default:

5.4 -Diversion and siphoning of funds:

5.5- Cut-off limits:

5.6- End-use of Funds:

5.7- Penal measures:

5.8- Guarantees furnished by group companies:-

5.9- Role of auditors:-

5.9.1- Role of Internal Audit / Inspection:-
5.9.2- Reporting to RBI / CIBIL:-

5.10- Grievances Redressal Mechanism:-

Chapter-Six

6. Criminal Action against Willful Defaulters:-

6.1- J.P.C.Recommendations:-

6.2 Monitoring of End Use

6.3- Criminal Action by Banks / FIs
6.4- Reporting names of Directors:-

6.4.1- Need for Ensuring Accuracy:

6.4.2- Position regarding Independent and Nominee directors:-

6.4.3- Government Undertakings:-

Chapter- Seven

7. - Recovery policy in Bangladesh and Others Country:-

7.1- Mediation in Bangladesh:

7.2 Recovery policy In India:

7.3- Alternate dispute solution method in India:-

7.4- Banking Ombudsman:-

7.5 Ombudsman for Bangladesh:-

7.6 Asset Management Company:-

Chapter-Eight

8. Policy for Sick Industries:

8.1- Intervention of PM:-

8.2- Sick Industries Rehabilitation Cell:-

8.3- Review Committee:-

8.4- Budgetary allocation:-

8.5- Action of Caretaker Government:-

Chapter-Nine

9. Conclusion:-

9.1- Recommendations of study:-

References:

* “Defaulted loans in banks rise 10.96 pc in 6 months” published by “The Daily Star” dated the September 16, 2007.

*The Constitution of Bangladesh -, Article 15

* Industrial policy of Bangladesh in 1982- Page no: 9.

*Daily Inquilab dt 9th October 1992

*Debt Default to the Development Finance Institutions- The Crisis of State Sponsored Entrepreneurship in Bangladesh- 1991 University Press Ltd Edited by Prof Rehman Sobhan- Page: 4

*The First Five Year Plan 1973, Published by Planning Commission, Government of the People’s Republic of Bangladesh., Chapter 4, page 195,208,209 and 210.

*The Second Five Year Plan 1980-1985, Published by Planning Commission, Government of the People’s Republic of Bangladesh, May 1980.,Chapter-II, pages II-1, II-7 and XIII – 46.

*The Third Five Year Plan 1985-1990, Published by Planning Commission, Government of the People’s Republic of Bangladesh, December 1985., pages233, 234,236 and 237.

*The Fourth Five Year Plan 1990-1995, Published by Planning Commission, Government of the People’s Republic of Bangladesh, June 1995, ). (Pages. XI -8)

*The Fifth Five Year Plan 1997-2002, Published by Planning Commission, Government of the People’s Republic of Bangladesh, March 1998, (Page-297 and so on)

* GOB (1991): The Industrial Policy 1991, Ministry of Industries, The Government of the People’s Republic of Bangladesh, Dhaka, (Page 4, Sec.W and so on)

* GOB (1999): The Industrial Policy 1999, Ministry of Industries, The Government of the People’s Republic of Bangladesh, Dhaka.

* “Basket-Case” by Henry Kissinger (The Economist, 1996),

* Memo no: B-Board/UMP (P&P) 91/3/274 (! () dt 18-03-1998- Minutes of Meeting of Sick Industries cell, MOI.

*The Sick Industrial Companies (special provisions) Act, 1985 in INDIA, Section 3[(o)

*. Master Circular on Wilful defaulters by Reserve Bank of India. Circular No.RBI/2007-2008/59DBOD No.DL.BC.12928/20.16.003/2007-08, July 02, 2007. Application Number 2, 2.1, 2.2, 2.2.1 and 2.2.2

*The companies (rehabilitation of sick industrial units) rules, 1999 in Pakistan. Published by authority, august 03, 1999. Clause no. 5, 6 &7.

*Why does an Industry become sick? The case of a material engineering enterprise.(Bank Parikarma, Volume xxv, No.1, March, 2000 (Pp 48-66), By Syed Golam Maola & Md. Ali Akkas Page 63.

*Reported from meeting dt 01-07-1991 of Sick Industries Rehabilitation cell of Ministry of Industries.

*“Sick Industries: Causes, Remedies and Prevention,” Economic Policy Papers Published by The Dhaka Chamber of Commerce and Industry (DCCI).

* GOB (1986): The Industrial Policy 1986, Ministry of Industries, The Government of the People’s Republic of Bangladesh, Dhaka, (page 3, para-4).

*The Memo of Ministry of Industries: Memo no MI/11-1/2A-47/91/195 (15) dt 15-6-1991

*The Review Committee was made under the governorship of the executive Chairman, BoI, and other members of the committee were Member (Industry), Planning Commission, Secretary, MoI , additional secretary (Banking and Investment), Finance Division, MoF, Deputy Governor, Bangladesh Bank, and Managing Director ( concerned bank/FI).

* Notification No. AOMO/BAABI/Shakha-8/31/94/01/97 dated 4th February 1997, published in Bangladesh Gazette on 06.03.1997.

*Notification bearing number OAMO/OABI/banking Shakha-8 / Rungno Shiplo/98/342 (18) dated 2.08.1198 published in Bangladesh Gazette on 04.10.1998.

* “Public sector banks’ lackluster performance annoys Aziz” Reported by Financial Express on January 12. 2008.

*Artho Rin Adalat Act 2003 (Section 2 subsections ‘Ka’ and section 3)

* Ref case of Sonali Bank vs Ali Tanner, 48 DLR, 57:

*Harunur Rashim vs Sub Judge 50 DRL 170: 3 MLR, 1998, 165

* Sultana Jute Mills vs Agrani bank 46 DLR ad, 174. and Sec 7)

*Artho Rin Adalat Act 2003 sec 7, (Sub section; 12,13,14,15,16,17,)

*Bankruptcy Act

*Public Demand Recovery Act 1913

*Peoples Representative Acts

*Artho Rin Adalat Act 2003 (sect 21-25,)

*The Code of civil procedure, 1908. (Sect.22)

*The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 in India.

*‘The Recovery of Debts due to Banks and Financial Institutions Act 1993.’

*Recovery policy of State Bank of India.

*The circular of Reserve Bank of India ref:RBI/2007-2008/59 DBOD No.DL.BC.12928/20.16.003/2007-08 dt July 07, 2007 (Sect-1,.2,2.1,2.2, 2.2.1 &2.2.2)


Writer Another Book



Regulatory Reform Bangladesh Perspective:


This book is the inauguration of an epoch making era in the sphere of Regulatory Reform. It has come up with some bold steps in accordance with the demand of the time. It is not only the combination of some critical analysis regarding law but also it has shown the loopholes of law and order of the society with wise recommendation. Most possibly it is the first organized attempt of a Bangladeshi author to write down something on a sensitive but well observed subject like Regulatory Reform. This book can be treated as Path Finder as far as the inspiring force of the insight of it is concerned. One of the most striking features of this book is that it critically analyzes the drawbacks of the existing law and order. It nakedly exposes the real fact about the difference between practical implementation and existence of law. This is a kind of microscope in which a reader can easily realize the perception of stakeholders. Interestingly, this book states an issue from the vantage point of several representatives such as law makers, regulating authorities and business community etc. Thus the discrepancy becomes prominent when it discovers that law is used by several groups to reach their goal. Although such kind of strong and direct analysis is very rare in the context of the writing of Bangladesh, “Regulatory Reform” is full of it.

The “Regulatory Reform” warns about the catastrophic force within Regulatory Reform Commission. It shows that the rules and regulations of the very commission itself hinder the implementation of law in our country. The persons related with the commission don’t maintain proper formation of exercising law in a proper way. Basic ingredients to run kind of commission such as legal expert, social scientist, research facility of regulatory impact etc. are not available although the commission is the nucleus to confirm smooth running of law and order. The book exposes these ironic problems. The greatest feature of this book is that it identifies the sectors in which some reformations are badly needed. It prescribes some remedy in accordance with socio-economical condition of Bangladesh. Some laws have become ineffective but these are not reformed with the demand of time. The reformation must be done on SOS basis as backdated laws are more harmful than no law at all. Even the author has analyzed the situation with great craftsmanship. His logical solutions have given the scope to think about better future of Law and Order of the society. The proverb goes on that prevention is better than cure. This book is the store house of some preventive ideas that can finish the problem regarding law even before it arises. Some sectors of the book are totally related with preventing measures which are must for the betterment of Regulatory Commission. Actually the lack of pace in accordance with the situation has become the basic problem with Bangladesh’s law and order. The author has brought some dynamic ideas into light to steer the society in a better position. He criticizes the lack of transparency of law from one section to another section. Some laws are self contradictory. The author has identified and analyzed these in this book. His analytical brain and the ability to understand the situation deserve praise. A vast section of the book has dealt with a common issue like ‘black’ and ‘white money’. In discussing both black and white money, he has given the idea of ‘grey money’ too. The new term should be taken in consideration as it has become a common practice. Although the source of income is honest, only for the procedural cause it has become money laundering. As a matter of fact, the book deals with so many modern out come which must be focused via regulatory reform. Neither his occupation nor his studentship will give any idea about the cause of writing such kind of unconventional but necessary book. It is obvious that his own interest on Legal System of Bangladesh is the real power house to carry the load of an enormous task of completing an analytical book such as this. This book can be considered a real asset for the smooth running of Law and Order of Bangladesh.

((((((((The price of the book is Tk 350 for pages about 205 pages but worthy considering many new information and study. The available in some book stall in the country and also with writer at Bangla Chemical, 15, New Baily Road, Dhaka-1000.Phone: +88029346780-81, Mob: +8801711469971, +8801198006616

We expect wide circulation of the book.)))))))))))


TABLE OF CONTENTS


01. An introduction to Regulatory Reform


02. Law and delegated law in modern state


03. Reform in Bangladesh, donor's prescriptions


04. Making Regulations Work Better for Businesses


05. Money Laundering & 75 million suspects


06. Overhauling the Foreign Exchange Regulation Act of 1947


07. The need for professionals' indemnity insurance


08. For dynamism, banks need reforms


09. Default Culture and Sickness in Industries, Part One


10. Default Culture and Sickness in Industries, Part Two


11. Ombudsman and Justice System in Different Sectors, Part One


12. Ombudsman and Justice System in Different Sectors, Part Two


13. Importance of Tort Act in restoring justice, Part One


14. Importance of Tort Act in restoring justice, Part Two


15. Analysis of VAT in the Proposed Budget 2009-2010, Part One


16. Analysis of VAT in the Proposed Budget 2009-2010, Part Two


17. Analysis of VAT in the Proposed Budget 2009-2010, Part Three


18. Birth and Death Registration Act and name of citizen


19. Grey, black and white money


20. Realities of Black Money, Ways for Curbing its Growth


21. Ways for makin2 AMCs effective


22. Tackling Systemic of NPLs through AMCs Problems


23. Thoughts on Proposed Competition Act


24. Making upcoming competition law really effective


25. Payments in international trade


26. Facilitating international trade by smoothening the process


27. Accreditation of Accreditation authority in Bangladesh


28. Consumers need education & knowledge


29. Cost of extra service & professional risk


30. Wholesale market- global experience and Bangladesh


M. S. Siddiqui

The writer is a Part Time Lecturer of Leading University and the Propritor of Bangla Chemical, Managing Director of Hydro Machines Limited, Managing Director of Meet Bangladesh Ltd, Senior Vice President of Bangladesh Indenting Agents' Association.


Mohammad Hasibur Rahman

Mohammad Hasibur Rahman [ BBA, MBA(doing) from LU] is an Assistant Researcher of the above Honorable Writer. He is also Senior Executive ( Depart. of Sales) of Bangla Chemical.email: hasib_bba@yahoo.com, Mobile: +8801711469971

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