By Rohit & Anirudh A modified 'Modernization of State Police Forces' scheme was started by the central government in 2000-01. One of the objectives was to help police forces in meeting the emerging challenges to internal security in the form of terrorism, naxalism etc. The scheme aims to modernize police forces in terms of:

  • Mobility (including purchase of bullet proof and mine proof vehicles)
  • Weaponry
  • Communication Systems
  • Training
  • Forensic Science Laboratory/ Finger Printing Bureau
  • Equipments
  • Buildings

Under this scheme, States have been clubbed into different categories and Centre-State cost sharing is category specific. Since 2005-06, States have been categorized as category ‘A’ and ‘B’ with 100% and 75% Central funding respectively. All the North Eastern States, namely Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim have been placed in category ‘A’ and thus, are entitled to receive 100% Central assistance for implementation of their annual approved plans. Recently, CAG decided to evaluate the working of the scheme and commissioned ‘performance audit’ reviews covering select general category and special category States. Each review covers a contiguous five year period between 2000 and 2007, but varies across selected states. For the periods under review, each state had a plan outlay (the total amount proposed to be spent in modernizing the state's police forces). However, in most cases, the actual release of funds fell significantly short of this outlay - in some cases the Centre did not contribute its share, in others the States lagged behind. For instance, in the case of Bihar, the Centre released only 56% of its share; while in the case of Rajasthan and West Bengal, the States did not release any funds at all. The graph below shows the actual releases by the Centre and the States (as percentages of their share in the proposed outlays): Further, even the funds that were released were not fully utilized. Thus, the amount finally spent fell significantly short of the initial proposal. The graph below shows the actual expenditure by State: Following are some of the other main findings from the CAG report:

Table 1: Summary of main findings in the CAG audit for different states for Modernisation of State Police Forces

Purpose for which money was sanctioned

Summary of CAG Findings

Planning

(Every state has to propose an Annual Action Plan every year. The plan is approved by the Ministry of Home Affairs and money is released as per the plan.)

§ Submissions by the states to the MHA were delayed.

§ There were also delays in the clearance granted by the MHA.

§ In various states such as,

a) Andhra Pradesh – the government spent money on works not covered by the Annual Action Plan.

b) Bihar – Persistent delays in preparation of the Plan by the state police.

c) West Bengal – the plans drawn up by the state did not include items covered under the scheme.

Mobility

§ Overall shortage of vehicles was observed. Most of the new vehicles replaced the old ones.

§ The police response time was too long in some states.

§ To give examples from some states:

a) Andhra Pradesh – 58 percent of vehicles procured were utilised for replacing old vehicles.

b) Bihar – the shortage of vehicles was 43 percent.

c) Uttar Pradesh – 2400 vehicles were procured against a shortage of nearly 10,000 vehicles.

Residential and non-residential buildings

§ There were considerable delays in construction of buildings in most states. Consequently, police forces’ own security was in jeopardy.

§ In states such as:

a) Andhra Pradesh – 53 percent of staff quarters and 43 percent of official buildings were not completed (2007).

b) Bihar – The total requirement of housing was nearly 60,000. Only six percent of this were included in the Plan.

c) Jharkhand – District Control rooms remained non-functional because of shortage of manpower.

Weapons

§ Police force in states continue to depend on outdated weapons.

§ Shortages of weapons also happened as acquisition from ordnance factories was very slow.

§ The weapons that were procured were mostly kept in the district headquarters.

§ In some states such as,

a) Bihar – AK-47s were kept at the disposal of bodyguards of VIPs.

b) West Bengal – Adequate weapons were not supplied to extremist prone police stations.

Communication

§ Police Telecommunication Networks were not set up successfully in some states. In others, network was functional only up to the district level.

§ Shortages of various communication equipments were also observed.

§ In some states such as,

a) Bihar - The Police Telecommunication Network system (costing Rs. 4.96 crore) remained non-functional due to non-construction of tower.

b) Maharashtra – Of the 850 purchased Remote Station Units, 452 were lying in stores.

Forensic Science Laboratory/ Finger Printing Bureau

§ In most States the Forensic Science Laboratories lacked adequate infrastructure.

§ In the absence of automatic finger print identification systems, investigation was being done manually in some States.

§ In some states such as,

a) Maharashtra - There were significant delays in receipt and installation. There was also shortage (284 vacant posts) of technical manpower.

b) West Bengal - Performance of the Forensic Science Laboratory was poor and in some cases, the delay in issue of investigation reports was as high as 45 months.

Training

§ It was observed that the percentage of police personnel trained was very low.

§ Training infrastructure was also inadequate.

§ In some states such as,

a) Bihar - Only 10 per cent of total force was trained.

b) West Bengal - Live training was not imparted for handling useful weapons and this severely affected the performance of police forces.

Sources: CAG Compendium of Performance Audit Reviews on Modernisation of Police Force; PRS.

Note: The audit has been done broadly from 2000 to 2007. Consequently, the period of audit for different states may vary.

Table 1: Summary of main findings in the CAG audit for different states for Modernisation of State Police Forces

Purpose for which money was sanctioned

Summary of CAG Findings

Planning

(Every state has to propose an Annual Action Plan every year. The plan is approved by the Ministry of Home Affairs and money is released as per the plan.)

§ Submissions by the states to the Ministry of Home Affairs (MHA) were delayed.

§ There were also delays in the clearance granted by the MHA.

§ In various states such as,

a) Andhra Pradesh – the government spent Rs 32 crore on works not covered by the Annual Action Plan.

b) Bihar – Persistent delays in preparation of the Plan by the state police.

c) West Bengal – the plans drawn up by the state did not include items covered under the scheme.

Mobility

§ Overall shortage of vehicles was observed. Most of the new vehicles replaced the old ones, and no additions were made.

§ The police response time was too long in some states.

§ To give examples from some states:

a) Andhra Pradesh – 58 percent of vehicles procured were utilised for replacing old vehicles.

b) Bihar – the shortage of vehicles was 43 percent.

c) Uttar Pradesh – 2400 vehicles were procured against a shortage of nearly 10,000 vehicles. 203 ambassador cars were procured, though only 55 were approved by the MHA.

Residential and non-residential buildings

§ There were considerable delays in construction of buildings in most states. Consequently, police forces’ own security was in jeopardy. Satisfaction levels with the housing provided were also very low.

§ In states such as:

a) Andhra Pradesh – 53 percent of staff quarters and 43 percent of official buildings were not completed (2007).

b) Bihar – The total requirement of housing was nearly 60,000. Only six percent of this were included in the Plan, and only 1045 units were completed by 2006.

c) Jharkhand – District Control rooms remained non-functional even after spending Rs 2 crore because of shortage of manpower.

Weapons

§ It was observed that the police force in states continue to depend on outdated weapons.

§ Shortages of weapons also happened as acquisition from ordnance factories was very slow.

§ The weapons that were procured were mostly kept in the district headquarters.

§ In some states such as,

a) Bihar – AK-47s were kept at the disposal of bodyguards of VIPs.

b) West Bengal – Adequate weapons were not supplied to extremist prone police stations.

Communication

§ Police Telecommunication Networks were not set up successfully in some states. In others, network was functional only up to the district level.

§ Shortages of various communication equipments were also observed.

§ In some states such as,

a) Bihar - The Police Telecommunication Network system (costing Rs. 4.96 crore) remained non-functional due to non-construction of tower.

b) Maharashtra – Of the 850 purchased Remote Station Units, 452 were lying in stores.

Forensic Science Laboratory/ Finger Printing Bureau

§ In most States the Forensic Science Laboratories lacked adequate infrastructure.

§ In the absence of automatic finger print identification systems, investigation was being done manually in some States.

§ In some states such as,

a) Maharashtra - There were significant delays in receipt and installation. There was also shortage (284 vacant posts) of technical manpower.

b) West Bengal - Performance of the Forensic Science Laboratory was poor and in some cases, the delay in issue of investigation reports was as high as 45 months.

Training

§ It was observed that the percentage of police personnel trained was very low.

§ Training infrastructure was also inadequate.

§ In some states such as,

a) Bihar - Only 10 per cent of total force was trained.

b) West Bengal - Live training was not imparted for handling useful weapons and this severely affected the performance of police forces.

Sources: CAG Compendium of Performance Audit Reviews on Modernisation of Police Force; PRS.

Note: The audit has been done broadly from 2000 to 2007. Consequently, the period of audit for different states may vary.

Last month, Reserve Bank of India (RBI) released the report of the Expert Committee on Urban Co-operative Banks (Chair: Mr. N. S. Vishwanathan).  In this blog, we discuss some broader issues with the functioning and regulation of urban co-operative banks (UCBs), and some of the suggestions to address these as highlighted by the committee in its report.

Need for Urban Co-operative Banks

The history of UCBs in India can be traced to the 19th century when such societies were set up drawing inspiration from the success of the co-operative movement in Britain and the co-operative credit movement in Germany.  Urban co-operative credit societies, were organised on a community basis to meet the consumption-oriented credit needs of their members.  UCBs are primary cooperative banks in urban and semi-urban areas.  They are co-operative societies that undertake banking business.  Co-operative banks accept deposits from the public and lend to their members.  Co-operative banks are different from other co-operatives as they mobilise resources for lending and investment from the wider public rather than only their members.

Concerns regarding the professionalism of urban cooperative banks gave rise to the view that they should be better regulated.  Large cooperative banks with paid-up share capital and reserves of one lakh rupees were brought under the scope of the Banking Regulation Act, 1949 with effect from March 1, 1966.  Prior to this, such banks were regulated under the scope of state-specific cooperative laws.  The revised framework brought them under the ambit of supervision of the RBI.  Till 1996, these banks could lend money only for non-agricultural purposes.  However, this distinction does not apply today.  

The Expert Committee noted that UCBs play a key role in financial inclusion.  It further observed that the focus area for UCBs has traditionally been communities and localities including workplace groups.  They play an important role in the delivery of last-mile credit, even more so for those sections of the population who are not integrated into the mainstream banking framework.  UCBs primarily lend to wage earners, small entrepreneurs, and businesses in urban and semi-urban areas.  UCBs can be more responsive than formal banking channels to the needs of the local people.

Over the years, concerns have been raised about non-professional management in UCBs and that this can lead to weaker governance and risk management in these entities.  RBI has also taken regulatory action on several UCBs.  For instance, in September 2019, RBI placed Punjab and Maharashtra Co-operative Bank under restrictions on allegations of serious underreporting of non-performing assets.  The bank could not grant loans, make investments or accept deposits without prior approval from RBI.  While these restrictions were originally put in place for six months, the time frame was extended several times and has now been extended till December 31, 2021.  In addition, low capital base, poor credit management and diversion of funds have also been issues in the sector.

Shrinking share in the banking sector

There were 1,539 UCBs in the country as of March 31, 2020, with deposits worth Rs 5,01,180 crore and advances worth Rs 3,05,370 crore.   Even though 94% of the entities in the banking sector were UCBs their market share in the banking sector has been low and declining and stands at around 3%.  UCBs accounted for 3.24% of the deposits and 2.69% of the advances in the banking sector.  The Committee noted that state-of-the-art technology adopted by new players, such as small finance banks and fintech entities, along with commercial banks can disrupt the niche customer segment of the UCBs.

Figure 1:  Growth in deposits of UCBs (in Rs crore)
  image

Source: Report of the Expert Committee on Urban Co-operative Banks; PRS.

Figure 2:     Growth in advances of UCBs (in Rs crore)
 
image

Source:  Report of the Expert Committee on Urban Co-operative Banks; PRS.

Burden of non-performing assets

UCBs had the highest net non-performing asset (NNPA) ratio (5.26%) and gross non-performing asset (GNPA) ratio (10.96%) across the banking sector as of March 2020.  These levels correspond to around twice that of private sector banks, and around five times that of small finance banks.  The Committee noted that, as of March 2020, UCBs have the lowest level of net interest margin (difference between interest earned and interest spent relative to total interest generating assets held by the bank) and negative return on assets and return on equity. 

Figure 3: Asset quality across banks (in percentage)

image
 
Sources:   Report of the Expert Committee on Urban Co-operative Banks; PRS.

Supervisory Action Framework (SAF):  SAF envisages corrective action by UCB and/or supervisory action by RBI on breach of financial thresholds related to asset quality, profitability and level of capital as measured by Capital to Risk-weighted Asset Ratio (CRAR).  The Committee recommended that SAF should consider only asset quality (based on net non-performing asset ratio) and CRAR with an emphasis on reducing the time spent by a UCB under SAF.  The RBI should begin the mandatory resolution process including reconstruction or compulsory merger as soon as a UCB reaches the third stage under SAF (CRAR less than 4.5% and/or net non-performing asset ratio above 12%).

Constraints in raising capital

The Committee also observed that UCBs are constrained in raising capital which restricts their ability to expand the business.  According to co-operative principles, share capital is to be issued and refunded only at face value.  Thus, investment in UCBs is less attractive as it does not lead to an increase in its value.   Also, the principle of one member, one vote means that an interested investor cannot acquire a controlling stake in UCBs.  It was earlier recommended that UCBs should be allowed to issue fresh capital at a premium based on the net worth of the entity at the end of the preceding year.

Listing of securities:  The Committee recommended making suitable amendments to the Banking Regulation Act, 1949 to enable RBI to notify certain securities issued by any co-operative bank or class of co-operative banks to be covered under the Securities Contracts (Regulation) Act, 1956 and the Securities and Exchange Board of India Act, 1992.  This will enable their listing and trading on a recognised stock exchange.   Until such amendments are made, the Committee recommended that banks can be allowed to have a system on their websites to buy/sell securities at book value subject to the condition that the bank should ensure that the prospective buyer is eligible to be admitted as a member.   

Conflict between Banking Regulation Act, 1949 and co-operative laws 

The fundamental difference between banking companies and co-operative banks is in the voting rights of shareholders.  In banking companies, each share has a corresponding vote.  But in the case of co-operative banks, each shareholder has only one vote irrespective of the number of shares held.  Despite RBI being the regulator of the banking sector, the regulation of co-operative banks by RBI was restricted to functions related directly to banking.  This gave rise to dual regulation with governance, audit, and winding-up related functions regulated by state governments and central government for single-state banks and multi-state banks, respectively.  

2020 Amendments to the Banking Regulation Act: In September 2020, the Banking Regulation Act, 1949 was amended to increase RBI’s powers  over the regulation of co-operative banks including qualifications of management of these banks and supersession of board of directors.  The Committee noted that due to the amendment of the Act, certain conflicts have arisen with various co-operative laws.  For instance, the Act allows co-operative banks to issue shares at a premium, but it is silent on their redemption.  It noted that if any co-operative societies’ legislation provides for redemption of shares only at par, then, while a co-operative bank incorporated under that legislation can issue shares at a premium, it can redeem them only at par.   

Note that on September 3, 2021, the Madhya Pradesh High Court stayed a circular released by the RBI on appointment of managing director/whole-time director in UCBs.  The circular provided for eligibility and propriety criteria for the appointment of such personnel in UCBs.  The petitioner, Mahanagar Nagrik Sahakari Bank Maryadit, argued that the service conditions of the managing director and chief executive officer of co-operative banks are governed by bye-laws framed under the M.P. State Cooperative Societies Act, 1960.  The petition noted that co-operative as a subject falls under the state list and hence the power to legislate in the field of co-operative societies falls under the domain of the states and not the central government.


Umbrella Organisation

Over the years, several committees have looked at the feasibility to set up an Umbrella Organisation (UO) for UCBs.  It is an apex body of federating UCBs.  In 2011, an expert committee on licensing of new UCBs recommended that there should be two separate UOs for the sector.  In June 2019, RBI granted an in-principle approval to National Federation of Urban Co-operative Banks and Credit Societies Ltd to set up a UO in the form of a non-deposit taking non-banking finance company.  The UO is expected to provide information technology and financial support to its federating members along with value-added services linked to treasury, foreign exchange and international remittances.   It is envisaged to provide scale through network to smaller UCBs.  The report of the current Committee recommended that the minimum capital of the UO should be Rs 300 crore.  Once stabilised, the UO can explore the possibility of becoming a universal bank.  It can also take up the role of a self-regulatory organisation for its member UCBs.  The Committee also suggested that the membership of the UO can be opened-up to both financial and non-financial co-operatives who can make contributions through share capital in the UO.

Comments on the report of the Expert Committee are invited until September 30, 2021.