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Friday, June 15, 2001   
 
LETTERS TO THE EDITOR
 


  SBI’s audited accounts
This has reference to the news report that the Reserve Bank proposes to dispose of its holding in State Bank of India to the government. The regulator should not have a dual responsibility of ownership and regulation. The government proposes to amend the State Bank of India Act to enable the bank to have greater access to capital from both the domestic as well as the international markets.

While nomination facility is available to depositors, the State Bank’s Registrar and Transfer Agent states that the SBI Act does not provide for nomination facility. This should be made available to SBI shareholders as is available to shareholders in public limited companies under Companies Act. Presently the Directors’ report to shareholders and annual audited accounts of the Bank are merely “received” by the shareholders at the annual general meeting and not “adopted” by shareholders at the general meeting which is a normal practice for limited companies under the Companies Act. It is essential that shareholder approval is sought for the annual audited accounts. Indeed it is a measure of the confidence of members in the management and promotes functioning of corporate democracy.
-- K B Dabke, Mumbai


Good amendment
In order to provide relief to genuine borrowers, at the insistence of the Supreme Court of India, the central government has already amended the Debt Recovery Act. The said borrowers can now raise their counterclaims against the lending bank if there is any wrongdoing such as breach of statutory duties as laid down in Reserve Bank guidelines or breach of duty of care, negligence, malicious civil proceedings etc.
In fact a small scale industrial unit with bank borrowings of Rs 17 lakh had already filed a counter-damage-suit of Rs 29 crore against a nationalised bank based on the law of torts and the law of damages and compensation. On account of such well-defined legal provisions, bank borrowers need not be afraid of the Debt Recovery Tribunal anymore.
-- Ram Kishan, on e-mail

Strange clause
Recently, various banking service recruitment boards came out with advertisements for specialists officers such as computer professionals, MBAs, CAs etc. in their participating banks. The eligibility qualifications for these posts were M.Tech, MBA, CA, ICWA etc, besides post qualification experience which depended upon the posts applied for. In terms of the guidelines mentioned in these advertisements, the Other Backward Caste certificate — particularly in respect of creamy layer clause — is required to be within twelve months old from the date of release of the advertisement.

This condition is impossible to fulfill in view of the qualification and experience mentioned in the advertisements. A candidate, after acquiring professional qualifications, will doubtless get a minimum salary of Rs 1000 per month and it is impossible for him/her to get an OBC certificate after he/she has 5-7 years of experience. Further, the above condition is not imposed by UPSC and other government organisations wherein the certificate issued by the competent authorities is acceptable irrespective of the date of issue. In view of the above, it is requested that the respective authorities look into the matter and amend the above condition.
-- C P Vichitra, Uttar Pradesh
 
 
 
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