Globalisation
has several dimensions arising out of what may be called the consequential enhanced
connectivity among people across borders. While such enhanced connectivity is
determined by three fundamental factors, viz., technology, taste and
public policy, cross-border integration can have several aspects: cultural,
social, political and economic. For purposes of this presentation, however,
the focus is on economic integration. Broadly speaking, economic integration
occurs through three channels, viz., movement of people, goods and services,
and movements in capital and financial services.
The
most notable achievement of recent globalisation is the freedom granted to some,
if not all, from the tyranny of being rooted to a place and the opportunity
to move and connect freely. For example, many Indians relatively from poorer
sections have benefited by developments in Middle East while many talented professions
gained from movement to UK and USA. At the same time, in reality, there are
several economic as well as non-economic, especially cultural or emotional reasons
for people not globalising.
In regard
to trade in or movement of goods and services across borders, there are two
types of barriers, viz., what are described as natural and artificial.
Natural barriers relate to various costs involved in transportation and information
over distances. Artificial barriers are those that are related to public policy,
such as, import restrictions by way of tariff or non-tariff barriers. The pace
and nature of globalisation will depend on the combined effect of technology
and public policy, both at national and international levels.
In regard
to capital movement also, the interplay between technology and public policy
becomes relevant. There are, however, some special characteristics of capital
flows. These characteristics have highlighted the issue of what is described
as contagion, namely, a country is affected by developments totally outside
of its policy ambit though domestic policy may, to some extent, determine the
degree of vulnerability to the contagion. In any case, cross-border flows of
capital have wider macroeconomic implications, particularly in terms of the
exchange rate that directly affects the costs and movement of people as well
as goods and services; the conduct of monetary policy and the efficiency as
well as stability of the financial system. Furthermore, capital flows by definition
involve future liabilities or assets and could involve inter-generational equity
issues.
Developments
in technology and innovation in financial services impact both domestic and
cross-border transactions. The implications for public policy of such developments
in the domestic area are on a different footing in the sense that domestic financial
markets are in some ways subject to governmental regulation by national authorities
while cross-border flows are not as susceptible to governmental regulation.
Finally, in the context of cross-border capital flows, in the absence of procedures
for dealing with international bankruptcy and facilities for the lender of last
resort, the liabilities incurred on private account can devolve on public account.
In brief, at this juncture, in respect of global economic integration through
movement of capital, several risks devolve on domestic public authorities, especially
in the case of developing countries.
Globalisation
is a complex phenomenon and a process that is, perhaps, best managed by public
policies. In managing the process, developing countries face challenges from
a world order that is particularly burdensome on them. Yet, as many developing
countries have demonstrated, it is possible for public policy to manage the
process with a view to maximising benefits to its citizens while minimising
risks. The nature of optimal integration, however, is highly country specific
and contextual. On balance, there appears to be a greater advantage in well-managed
and appropriate integration into the global process, which would imply not large-scale
but more effective interventions by governments. In fact, markets do not and
cannot exist in a vacuum, i.e., without some externally imposed rules
and such order is a result of public policy.
The
poor, the vulnerable and the underprivileged will continue to be the responsibility
of national governments and hence of concerns to public policy. Sound public
policies at the national level in countries like ours are very critical in the
current context of levels of development and extent of globalisation. In brief,
it is necessary to recognise that nation-states, as those still primarily responsible
for social order in the communities in which people live, have a duty to manage
the process of globalisation. This challenge is particularly complex in the
area of financial services, more so in the case of banks in the larger emerging
economies.
Globalisation
in the Context of the Financial Sector
At the
outset, it would be useful to consider the emerging picture of financial flows
as per the latest data released by IMF in the context of increasing globalisation.
For almost all the years from 1999, the current account balance of advanced
economies has been negative and it is estimated to reach US $ 225 billion in
the year 2004 from a positive of US $ 41 billion in 1998. The developing countries,
which had a current account deficit of US $ 83 billion in 1998, are estimated
to have a surplus balance of a projected US $ 28 billion in 2004. It is interesting
to note that while globalisation is expected to result in flows of capital from
developed to developing countries, it is not clear whether the turn arounds
in the current account deficits is a temporary phenomenon. The removal or attenuation
of cross-border barriers to trade and capital flows renders assessment of international
financial flows that much more difficult to capture in the data.
It is
also interesting to consider the pattern of net capital flows to emerging market
economies. While private net direct investment has been consistently positive
and above US $ 100 billion since 1995 to 2003, private net portfolio investment
which was positive in the years 1995 to 1999 is since negative in the rest of
the years. The range during 1995-2003 has been from a positive US $ 83 billion
to a negative of US $ 53 billion. It is, thus clear that both in terms of magnitude
and stability, private direct investment seems to have a significant edge over
portfolio investment.
On the
quality of capital flows, it is interesting to note that at the end of 1997,
the estimated share of Off-shore Financial Centres in the total of cross border
assets stood at 54.2 per cent, as per a recent study by OECD discussed in the
G-20 meeting in Mexico. The study mentions that inadequate access to bank information
in such centres greatly facilitates money laundering, smuggling of goods, counterfeiting
and financing terrorism, etc. In any approach to the policies relating
to the financial integration, it may be useful to keep these facts in mind,
particularly both quantitative and qualitative factors in such flows, particularly
in the context of the banking sector.
As already
mentioned, there is an increasing recognition of a distinction between trade
integration and financial integration and this distinction has been recognised
forcefully in a recent study made a few months ago by the IMF. The summary of
the study reads as follows:
"The
empirical evidence has not established a definitive proof that financial
integration has enhanced growth for developing countries. Furthermore, it
may be associated with higher consumption volatility. Therefore, there may
be value for developing countries to experiment with different paces and
strategies in pursuing financial integration. Empirical evidence does suggest
that improving governance, in addition to sound macroeconomic frameworks
and the development of domestic financial markets, should be an important
element of such strategies.
It
might not be essential for a country to develop a full set of sound institutions
matching the best practices in the world before embarking on financial integration.
Doing so might strain the capacity of the country. An intermediate and more
practical approach could be to focus on making progress on the core indicators
noted above, namely transparency, control of corruption, rule of law, and
financial supervisory capacity…….."
Apart
from this interesting research on the subject, on a judgemental basis, considering
the cross-country experiences, it is possible to discern some disconnects between
impressions and reality. Though many developing countries have adopted significant
policy measures for financial integration with the rest of the world, capital
flows both foreign direct investment and portfolio investment, are predominantly
accounted for by a few countries which are not very high in terms of financial
integration with rest of the world. In other words, de jure financial
integration seems to be distinct from de facto integration. Furthermore,
the way the financial markets as well as international financial institutions
respond to economies requiring adjustment problems appear to be asymmetrical.
The financial markets, in fact, tend to be far more pro-cyclical in the case
of the emerging economies, thus making emerging economies subject to greater
volatility in flows than the other countries. It is essential to recognise
that the capacity of economic agents in developing economies, particularly poorer
segments, to manage volatility in all prices, goods or forex are highly constrained
and there is a legitimate role for non-volatility as a public good.
Globalisation
and the Banking Sector
It is
in this overall scenario, the policy relating to the financial services, and
in particular banking, must be considered. It is interesting to note that WTO
negotiations on financial services have been cautious and the commitments of
many larger economies in the banking sector are rather particularly limited.
In other words, in the context of issue of national ownership of financial intermediaries,
banks appear to have a unique place in public policy. There are several
noteworthy features of ownership and control of banks in all major economies
– irrespective of whether they are developed or emerging. In almost all cases,
banks are either widely held or have substantial State ownership. Furthermore,
there are special conditions governing the extent of ownership, the nature of
ownership and control, and transfers of such ownership or control through statutory
backing. These are justified since the banks are admittedly special. The discussions
in WTO on Commitments relating to opening of domestic banking sector to foreign
banks/ownership reflects these concerns in most of the major economies.
It is
worth recalling what Sir Eddie George, the Governor of Bank of England had said
on the subject banks being special: "they remain special in terms of
the particular functions they perform - as the repository of the economy‘s immediately
available liquidity, as the core payments mechanism, and as the principal source
of non-market finance to a large part of the economy. And they remain special
in terms of the particular characteristics of their balance sheets, which are
necessary to perform those functions – including the mismatch between their
assets and liabilities which makes banks peculiarly vulnerable to systemic risk
in the traditional sense of that term." He is even more forthright
in making it clear that treatment of banks can not be on par with non-banks.
"On the other hand, I am not persuaded that the special public interest
in banking activity extends to non-banking financial institutions, though different
functional public interests in many cases clearly do."
Data
clearly indicates that banks continue to play a pre-dominant role in financial
intermediation in developing countries. This is understandable for several reasons
viz., the savers’ eagerness for assured income; inadequate capacity to
manage financial risks and the fact that the banking institutions in some sense
and in different degrees, enjoy deposit insurance and either implicit or explicit
guarantee of government.
It is
important to note that banking crisis invariably results in heavy costs to the
Government, whether they are publicly owned, privately owned, domestically owned
or foreign owned. The fiscal costs of banking crises are ownership-neutral.
An important
question in this context is whether the role of banks in financial integration
in developed countries is different from that in the emerging market economies.
It is useful to assess the significant differences in the structure of the banking
industry in emerging vis-à-vis developed markets.
In most
emerging markets, banks assets comprise well over 80 per cent of total financial
sector assets, whereas these figures are significantly lower in developed economies.
In most emerging market economies, the five largest banks (usually domestic)
account for over two-thirds of bank assets. These figures are much lower in
developed economies. Another difference in the banking industry in developed
and emerging economies is the degree of internationalisation of banking operations.
Internationalisation defined as the share of foreign-owned banks as a percentage
of total bank assets, tends to be much lower in emerging economies. This pattern
is, however, not uniform within world regions.
Finally,
a significant feature of banking in developed versus emerging economies, especially
in recent years, has been the process of consolidation. The most notable difference
between the consolidation process in developed and emerging markets is the overwhelming
cross-border nature of mergers and acquisitions in the latter. In particular,
cross-border merger activity in continental Europe and also between US and European
institutions has been more of an exception rather than the rule. In contrast,
there has been a sharp increase in foreign ownership of some emerging market
banks due to process of privatisation often associated with crises.
An important
difference in this context has been the role played by the authorities in the
financial sector consolidation process. In mature markets, consolidation has
been seen as a way of eliminating excess capacity and generating cost savings
to the institution. In emerging markets, on the other, consolidation has been
predominantly a way of resolving problems of financial distress, with the authorities
playing a major role in the process.
Indian Context
While
there has been a significant progress towards globalisation in the recent past
and policy-wise, there have been impressive initiatives, the extent to which
India is globalised is considerably at the lower end of the emerging economies.
This indicates enormous opportunities but also challenges in terms of transition
from a stage of low base. More importantly, the issue of financial integration
and in particular the integration of banking sector has to be considered in
terms of overall sequencing in this process of integration with the rest of
the world. The overriding issue is not whether to globalise or not, but how
best to manage the process of globalisation, particularly with a view to accelerating
the process at the current juncture where the global outlook on India and India’s
confidence as well as competitiveness are strong.
There
is now a consensus among academicians and policy makers that trade liberalisation
should take precedence over financial liberalisation. Even in the context of
financial liberalisation, the liberalisation in regard to borrowings in foreign
currency should have a lower priority compared to all other capital flows. There
is also consensus that the foreign currency exposures of households, corporate
sectors and financial intermediaries should be assessed separately and in a
continuous fashion to assess the gains as well as the vulnerabilities to the
system. In particular, there is a greater recognition of the need to put in
place appropriate prudential regulation in regard to the financial intermediaries
insofar as foreign currency transactions are concerned in all emerging countries.
There is virtual unanimity that the currency mismatches of financial intermediaries
is a major source of downside risks of financial integration which can be mitigated
by monitoring and regulations. Among the financial intermediaries, banks no
doubt have a unique place. There is also a strong consensus, globally, on the
importance of what have been described as preconditions for capital account
convertibility – in particular on the fiscal front and efficiency of the financial
sector.
In the
context of maximising benefits of financial integration and minimising the risks,
the link with conditions in the real sector cannot be lost sight of. In China,
reforms in real sector preceded reforms in the financial sector and it was possibly
the reason for some vulnerability of the latter. In India, reforms in financial
sector started early in the reform cycle which imparts significant efficiency,
and stability to the financial sector. The financial sector can add competitive
strength and growth if reforms in the financial and real sectors keep apace.
In other words, flexibility in product and factor markets play a part not only
in capturing the gains from financial sector reform but also more generally
from globalisation. A major agenda for reform at this juncture for us, given
the impressive all-round confidence in the economy, relate to the structure
and functioning of institutions and in particular the high transaction costs
prevalent in our systems. There are several dimensions to the transaction costs
– ranging from legal provisions, judicial system, procedures, etc. to attitudes.
It is proposed to mention a few measures being contemplated by RBI in this direction.
Some measures
by RBI
At the
outset it must be recognised that the improvements in efficiency of the financial
sector in India, in particular banking sector have won the respect and admiration
of most observers, including capital markets. The banking sector in India is
poised for a quantum jump in productivity and scope for expansion in view of
the competitive strengths acquired in Indian industry. Public sector banks have
shown substantial improvements, though in view of their large presence and some
institutional constraints, further progress in reform is desirable. The analysis
in the Report on Trends and Progress of Banking in India a few weeks ago provides
an excellent overview of problems, prospects, and areas for further reforms,
and hence that will not be covered here. The ongoing efforts of RBI, in close
co-ordination with Government and consultations with market participants, especially
in moving up the policy as well as regulatory regimes to global standards, have
been narrated in successive announcements on Monetary and Credit Policy statements
by Dr. Rangarajan, Dr. Bimal Jalan, and most recently in the Mid-term Review.
These narrations would indicate that RBI’s effort is to open up the economy,
maximise benefits from globalisation while minimising risks and enable as well
as equip banks to face global competition. This is an ongoing process and I
believe we in India are better equipped now than ever before to globalise with
a sense of confidence and pride. Having said this, it is useful to mention a
few initiatives being considered by RBI at this juncture.
Governor
Jalan in his Inaugural address to this forum in January 2001, said – "The
long term vision for India’s banking system to transform itself from being a
domestic one to the global level may sound far fetched at present. However,
it is not beyond our capacity provided we have the will and the determination".
It is interesting that this year, the subject chosen relates to globalisation
and perhaps I should enlist a few measures taken by RBI to demonstrate the will
and determination to make our banking industry really global.
Consolidation
As mentioned
by Governor Jalan in his address to this forum in 2002, "In financial systems
worldwide, todays buzzwords are competition, consolidation and stability".
There has been impressive stability and considerable competition in India but
the process of consolidation in banking industry has just commenced. The issue
of consolidation has been addressed by the Narasimham Committee Report on Banking
Sector Reforms (1998) but the issue in regard to policy is yet to be pursued
vigorously. There are three aspects to consolidation viz., clear cut
legal and regulatory regime governing consolidation, enabling policy framework
especially where several banks are owned by Government, and market conditions
that facilitate such consolidation, recognising that all mergers and acquisitions
may not necessarily be in the interests of either the parties concerned or the
system as a whole.
As regards
the legal framework, the Reserve Bank is not very comfortable with lack of clear
statutory provision regarding takeover of management of banks. In 1970, the
Reserve Bank had issued directions to the banks requiring them to seek the Reserve
Bank’s permission or acknowledgement before effecting any transfer of shares
in favour of any person which would take the holding of shares to more than
one per cent (subsequently raised to five per cent) of the total paid up capital
of such banking company. Since shares are acquired first and then lodged for
registration, the Reserve Bank’s directions create a somewhat piquant situation.
To plug the gap, a Bill has now been introduced in the Parliament relating to
banking regulation. The RBI’s proposals in this regard should reasonably take
care of takeover of the management by one from another and the Reserve Bank
will have appropriate regulatory power to satisfy itself that persons proposing
to acquire such shares are fit and proper persons.
The
procedure for amalgamation of two banking companies under Section 44A of the
Banking Regulation Act, 1949 (the Act) is easy to follow and cost effective.
After the two banking companies have passed the necessary resolution in their
general meetings representing not less than two third value of the shareholding
of each of the two banking companies, proposing for the amalgamation of one
bank with another bank, such resolution containing scheme of amalgamation is
submitted to the Reserve Bank for its sanction and if sanctioned, by an order
in writing by the Reserve Bank, is binding not only on the banking company concerned,
but also on all shareholders thereof. While sanctioning the scheme of amalgamation,
the Reserve Bank takes into account the financial health of the two banking
companies to ensure, inter alia, that after the amalgamation, the new
entity will emerge as much stronger bank. The experience of the Reserve Bank
has been by and large satisfactory in approving several schemes of amalgamation
in the recent past.
These
provisions, however, do not apply to the banks in public sector, viz.,
the nationalised banks, State Bank of India and its subsidiary banks. As regards
the nationalised banks, the Act authorises the Central Government, after consultation
with Reserve Bank, to prepare or make a scheme, inter alia, for transfer
of undertaking of a corresponding new bank (i.e. a nationalised bank)
to another corresponding new bank or transfer of whole or part of any banking
institution to a corresponding new bank. Under this procedure, the New Bank
of India was amalgamated with Punjab National Bank but the experience in this
regard was considered to be not altogether satisfactory. Unlike the sanction
of schemes by the Reserve Bank under Section 44A of the Act, the scheme framed
by the Central Government is required under Section 9(6) of the Nationalisation
Act to be placed before the two Houses of Parliament.
The
State Bank of India Act, 1955, empowers the State Bank of India with the consent
of the management of any banking institution (which would also include a banking
company) to acquire the business, including the assets and liabilities of any
bank. Under this provision, what is required is the consent of the concerned
bank and the approval of the Reserve Bank and the sanction of such acquisition
by the Central Government. Several banks were acquired by the State Bank of
India by invoking this section.
Section
23A of the Regional Rural Banks Act, 1976 (RRBs Act), empowers the Central Government,
in consultation with the NABARD, concerned State Government and sponsored bank,
to amalgamate two RRBs, by issue of notification in the official gazette, with
such liabilities, duties and obligations as may be specified in the notification.
As in the case of amalgamation of a nationalised bank under Section 9(2) of
the Nationalisation Act, every notification under this section is also required
to be laid before both the Houses of Parliament.
Of course,
in the case of a banking company in financial distress and having been placed
under the order of moratorium, on an application being made by the Reserve Bank
to the Central Government under sub-section (2) of Section 45 of the Act, the
Reserve Bank can frame a scheme of amalgamation for transferring the assets
and liabilities of such distressed bank to a much better and stronger bank.
Such a scheme framed by the Reserve Bank is required to be sanctioned by the
Central Government and has to be notified in the official gazette. As in case
of amalgamation sanctioned by the Central Government under the Nationalisation
Act and RRBs Act, the notification issued for compulsory amalgamation under
Section 45 of the Act is also required to be placed before the two Houses of
Parliament.
One
area of concern to the Reserve Bank is amalgamation of non-banking companies
with banking companies as the law does not impose any obligation on the part
of such non-banking company (for that matter, even of the concerned banking
company) to seek the Reserve Bank’s regulatory approval before filing the scheme
of amalgamation in the High Courts under Sections 391 of the Companies Act,
1956. To take care of these gaps, Reserve Bank has proposed some amendments
to the legislation on Banking Regulation Act that amalgamation of a non-banking
company with a banking company will be made by following the similar procedure
which is applicable for amalgamation of two banking companies.
Payment
System
Payment
and settlement systems in India have had a long history. The current predominant
mode of funds settlement is through the clearing process - achieved by the functioning
of about 1050 clearing houses in the country. These clearing houses function
on the basis of the ‘Uniform Regulations and Rules for Bankers’ Clearing Houses’
(URR), a model regulation propounded by the Reserve Bank. Though the systems
are predominantly confined to cheque clearing, many other types have also gained
significance - such as electronic payment and settlement, securities settlement,
and foreign exchange settlement. All these are regulated by their respective
rules and procedures, as in the case of the Rules relating to Electronic Clearing
Service (ECS), the Electronic Fund Transfer (EFT) Regulations and the bye-laws
relating to the operations of the systems of the Clearing Corporation of India
Ltd.
The
Bank for International Settlements, Basel, has formulated a set of ‘Core Principles
for Systemically Important Payment Systems’ which are the minimum requirements
for a sound payment system. These requirements were also highlighted in the
year 2000 by the Bhide Advisory Group which examined the International Standards
and Codes relating to payment systems, from the perspective of conformity in
the Indian context.
With
the growing importance being ascribed towards payment and settlement systems
the world over, and in view of their significance for financial stability, most
central banks have set up an appropriate machinery to regulate and supervise
such systems to provide for an explicit legal base for payment and settlement
systems. In this background, a draft ’Payment and Settlement Systems’ bill was
prepared by the Reserve Bank and forwarded to the Government of India.
In anticipation
of the statutory changes, certain preliminary steps are proposed to be taken
by the Reserve Bank to build the requisite infrastructure for having effective
supervision over payment and settlement systems. A Board for Payment and
Settlement Systems (BPSS) is proposed to be constituted soon. The Board
would function in a manner similar to the Board for Financial Supervision. BPSS
would provide policy directions in areas relating to regulation and supervision
of payment and settlement systems, approval of payment systems, criteria for
membership, various aspects relating to admission, continuation and denial of
membership, handling of offences etc. This initiative would ensure that
all the payment and settlement systems in the country are subject to good and
efficient governance and that they adopt the best practices in risk management
which is a prime requirement relating to a safe, secure and efficient payment
and settlement systems. These arrangements should facilitate easy transition
to a more formal statutory system.
Rating of
Supervision
The
supervision of banks is, on all accounts, becoming extremely complex. The supervisors
are required to acquire technical skills, exhibit considerable judgements on
systems and develop inter- institutional interactions on a continuing basis.
While every effort is made by the Reserve Bank in this regard, there is considerable
benefit in introducing a system of feedback from the supervised banks on the
adequacy, appropriateness and quality of supervision. This would help in rating
of our supervisory performance from time to time and obtain suggestions for
improvements from a range of banks, large and small foreign and local. In the
light of discussions in the RBI earlier this week, a decision has been taken
to introduce such a system of feedback on supervision from the supervised on
a regular and continuing basis. We expect to seek further guidance from Board
for Financial Supervision, due to hold its meeting next week and finalise an
ongoing system of feedback.
It is
hoped that with these arrangements, some of the unnecessary elements will be
eliminated while enhancing quality of supervision particularly in terms of its
utility to the supervised and result in overall reduction of transaction costs.
Users’ Panel
on Regulatory Instructions
A Standing
Technical Committee on Financial Regulation has been constituted recently
to advise on regulatory regimes administered by RBI. It is recognised that in
spite of existing consultative process, several regulatory instructions, while
laudable in their context are not clear or unambiguous in capturing operational
issues at the implementation stage. On the basis of discussions in the RBI,
it has been decided to prepare, in consultation with self regulatory organsiations,
a Users’ Consultative Panel consisting of those incharge of compliance in the
regulated institutions. The intention is to obtain feedback on regulations at
the formulation stage to avoid ambiguities and operational glitches. The Reserve
Bank will, from time to time, seek advice from select members of the panel to
avoid burdening all officials in the regulated units. I would seek full co-operation
from the banking industry in this regard.
Conclusions
In conclusion,
I would like to emphasise the role of institutions and incentives in ensuring
globalisation that benefits all. The global giants in banking all over the world
are manned by Indians, educated and trained in India. The best of technology
for the most sophisticated banks in the world is provided by Indian companies
and by Indians in foreign companies. Yet, banks in India do not as yet appear
to be world class, though I have, no doubt, that our banks could well be on
the anvil of being reckoned to be on par with international banks. My submission
is that, to reach global standards, and hopefully surpass them, we need to focus
on legal, institutional and transactions aspects; and the RBI’s measures detailed
today try to make a small beginning in addressing some of these issues.
Let
me thank the organisers for the opportunity and RBI looks forward to getting
the benefit of your discussions in this Conference.
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Barth, J,
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Around the World: A New Database", mimeo, World Bank.
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Eddie (1997): "Are Banks Still Special?", Bank of England Quarterly
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James. A (2003): "Are Small Countries Underbanked?", In James A. Hanson,
Patrick Honohan, and Giovanni Majnoni (eds.): Globalisation and National
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Lamfalussy,
Alexandre (2000): Financial Crisis in Emerging Markets, New Haven: Yale
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Prasad,
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Bank of India (2003), Report on Currency and Finance, 2001-02.
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