RBI/2008-2009/136
Ref.
DGBA.CDD. No. H - 1772/13.01.299/2008-09
August 21, 2008
Shravana
30, 1930 (S)
The Chairman and Managing Director
State Bank of India &
Associate Banks
17 Nationalised Banks
Axis Bank Ltd / HDFC Bank Ltd / ICICI
Bank Ltd/ IDBI Bank Ltd &
Stock Holding Corporation of India Ltd
Dear
Sir,
7% Savings Bonds 2002, 6.5% Savings Bonds 2003 (Non-taxable) &
8% Savings (Taxable) Bonds 2003 - Collateral facility
As
you are aware of, in terms of relevant Government of India Notifications, Savings
Bonds issued under the captioned schemes, are presently not eligible as collateral
for loans from banks, financial institutions and non banking financial companies
etc.
2. It has now been decided by the Government of India
to allow for pledge or hypothecation or lien of the bonds issued under the captioned
schemes as collateral for obtaining loans from scheduled banks. Accordingly, the
holders of the said bonds will be entitled to create pledge or hypothecation or
lien in favour of scheduled banks in accordance with section
28 of the Government Securities Act, 2006 (the G S Act) and regulations 21
and 22 of the Government Securities Regulations, 2007 (the G S Regulations). Copy
each of the following amending notifications issued by the Government of India
- No.
F.4(13)-W & M/2002 dated August 19, 2008 for 7% Savings Bonds, 2002
- No.
F.4(9) -W & M/2003 dated August 19, 2008 for 6.5% Savings Bonds, 2003 (Non-taxable)
and
- No.
F.4(10)-W & M/2003 dated August 19, 2008 for 8% Savings (Taxable) Bonds, 2003
is
enclosed.
3. In view of the above amendments, you may please
advise the designated branches suitably for facilitating extension of collateral
facility through pledge or hypothecation or lien as per the procedure laid down
in Section 28 of the GS Act and Regulations 21 and 22 of the GS Regulations. You
may also arrange to put in place necessary systems, controls and procedures at
the issuing offices for recording pledge or hypothecation or lien as also invocation
of the same. Relevant extracts of the Act / Regulations along with the forms and
the relative press release issued by the Government of India are enclosed for
ready reference.
4. It may be noted that collateral facility
is available only for the loans extended to the holders of the bonds and,
as such, the facility is not available in respect of the loans extended to
third parties. In this connection, a separate instruction to all the scheduled
banks is being issued by the regulatory departments concerned of RBI.
5.
Please acknowledge receipt.
Yours faithfully,
(Dr.
Balu K.)
Deputy General Manager