Enhanced RBI Supervision Over Co-operative Banks

The Banking Regulation (Amendment) Act, 2020 has strengthened the Reserve Bank of India’s (RBI) oversight over co-operative banks by expanding its powers in management, audit, capital requirements, and bank restructuring. These amendments, effective from June 26, 2020, have made several governance provisions of the Banking Regulation Act, 1949, applicable to Urban Co-operative Banks (UCBs), ensuring better financial stability and depositor protection. Additionally, RBI’s Master Direction on Fraud Management (2024) provides strict guidelines for fraud prevention, early warning mechanisms, and governance improvements in co-operative banks. Further governance reforms include amendments to the Multi-State Co-operative Societies (MSCS) Act, 2002, incorporating the 97th Constitutional Amendment, and the establishment of a Co-operative Ombudsman and a Co-operative Election Authority to enhance transparency, accountability, and fair elections in the co-operative sector.

Key Highlights of RBI’s Enhanced Supervision

Banking Regulation (Amendment) Act, 2020

• Grants RBI additional regulatory powers over Co-operative Banks.

Key amendments cover

• Management & governance (Sections 10, 10A, 10B, 35B, 36AB now applicable to co-operative banks).
• Audit and capital requirements.
• Reconstruction and amalgamation provisions to safeguard depositors.
• Amendments came into effect for Urban Co-operative Banks (UCBs) from June 26, 2020.

RBI’s 2024 Master Direction on Fraud Management

• Comprehensive guidelines for fraud prevention and reporting in co-operative banks.

Key provisions include,

• Early warning mechanisms for detecting fraud.
• Governance framework to ensure accountability.
• Staff accountability measures to prevent internal corruption.
• Third-party responsibility fixation for external auditors and service providers.
• Ensures compliance with principles of natural justice in fraud investigations.

Prompt Corrective Action (PCA) Framework for Co-operative Banks

• Identifies financially weak UCBs and mandates them to implement remedial measures.
• Helps in restoring financial health and ensuring depositor protection.

Financial Safety Measures for Co-operative Banks

• Deposit Insurance through DICGC (Deposit Insurance and Credit Guarantee Corporation) provides a financial safety net for bank account holders, including co-operative banks.
• Ensures depositors’ funds are protected even in cases of bank failures.

Public Awareness Initiatives by RBI

“RBI Kehta Hai” campaign educates people about,

• Different types of bank frauds.
• Modus operandi of fraudsters.
• Steps to protect depositors’ interests.

Amendment in Multi-State Co-operative Societies (MSCS) Act, 2002

• Enhances governance, transparency, and accountability in Multi-State Co-operative Societies.

Key reforms introduced,

• Electoral process reforms for democratic functioning.
• Incorporation of the 97th Constitutional Amendment provisions.
• Stronger financial disclosure norms.

Introduction of Co-operative Ombudsman (Section 85A, MSCS Act, 2002)

• Handles complaints and appeals from MSCS members.
• Addresses issues related to:
• Deposits & financial benefits in co-operative societies.
• Inequitable treatment of members.
• Other grievances affecting individual rights.

Establishment of the Co-operative Election Authority

• Ensures free and fair elections in Multi-State Co-operative Societies (MSCS).
• Strengthens democratic governance and accountability in the sector.

NABARD’s Role in Fraud Reporting & Prevention

• National Bank for Agriculture and Rural Development (NABARD) has issued guidelines for:
• Mandatory fraud reporting by banks.
• Law enforcement agencies (State Police, CID, Economic Offense Wing) to handle fraud cases.
• Strengthens co-operative bank fraud investigation and legal action.

Role of the Ministry of Cooperation (MoC)

• Responsible for strengthening the co-operative movement in India.

Works towards “From Cooperation to Prosperity” by,

• Expanding co-operative reach to grassroots levels.
• Creating a favorable policy & legal framework for co-operative growth.
• Providing training & education to co-operative society members & officials.