SMALL AND MEDIUM ENTERPRISES

By | August 12, 2015

MICRO, SMALL AND MEDIUM ENTERPRISES

 Q.1. What is the definition of MSME?

A.1. The Government of India has enacted the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 in terms of which the definition of micro, small and medium enterprises is as under:

 (a) Enterprises engaged in the manufacture or production, processing or preservation of goods as specified below:

  (i) A micro enterprise is an enterprise where investment in plant and machinery does not exceed Rs. 25 lakh;

 (ii) A small enterprise is an enterprise where the investment in plant and machinery is more than Rs. 25 lakh but does not exceed Rs. 5 crore; and

(iii) A medium enterprise is an enterprise where the investment in plant and machinery ismore than Rs.5 crore but does not exceed Rs.10 crore.

In case of the above enterprises, investment in plant and machinery is the original cost excluding land and building and the items specified by the Ministry of Small Scale Industries vide its notification No.S.O.1722(E) dated October 5, 2006 (Annex I).

 (b) Enterprises engaged in providing or rendering of services and whose investment in equipment (original cost excluding land and building and furniture, fittings and other items not directly related to the service rendered or as may be notified under the MSMED Act, 2006 are specified below.

   i.  A micro enterprise is an enterprise where the investment in equipment does not exceed Rs. 10 lakh;

  ii.  A small enterprise is an enterprise where the investment in equipment is more than Rs.10 lakh but does not exceed Rs. 2 crore; and

  iii. A medium enterprise is an enterprise where the investment in equipment is more than Rs. 2 crore but does not exceed Rs. 5 crore.

Q.2.What is the status of lending by banks to this sector?

A.2. Bank’s lending to the Micro and Small Enterprises is reckoned for priority sector advances. Lending to Medium enterprises is not eligible to be included for the purpose of computation of priority sector lending. Detailed guidelines on lending to the Micro, Small and Medium enterprises sector are available in our Master Circular no. RPCD.SME & NFS. BC. No. 09/06.02.31/2011-12dated July 1, 2011. The Master circulars issued by RBI, to banks, on various matters are available on our website www.rbi.org.inand updated in July each year.

Q.3.What is meant by Priority Sector Lending?

A.3. Priority sector lending include only those sectors as part of the priority sector, that impact large sections of the population, the weaker sections and the sectors which are employment-intensive such as agriculture, and tiny and small enterprises. Detailed guidelines on Priority sector lending are available in our Master Circular on Priority sector lending no.RPCD.CO.Plan.BC 10 /04.09.01/ 2011-12 dated July 1, 2011. The Master circulars issued by RBI, to banks, on various matters are available on our website www.rbi.org.in and updated in July each year.

Q.4. What is the status of loans granted to Khadi and Village Industries Sector (KVI)?

A.4. All advances granted to units in the KVI sector, irrespective of their size of operations, location and amount of original investment in plant and machinery will be treated as loans to the micro enterprises segment within the MSE Sector and covered under priority sector advances.

Q.5. Are there any targets prescribed for lending by banks to MSMEs?

A.5. As per extant policy, certain targets have been prescribed for banks for lending to the Micro and Small enterprise (MSE) sector. The targets for domestic banks and foreign banks are slightly different keeping in mind the limited presence of the foreign banks. The domestic commercial banks are expected to enlarge credit to priority sector and ensure that priority sector advances (which include the micro and small enterprises sector) constitute 40 per cent of Adjusted Net Bank Credit (ANBC) or credit equivalent amount of Off-Balance Sheet Exposure, whichever is higher.

A Prime Minister’s Task Force was set up in 2009 by Government of India (Chairman:Shri T.K.A. Nair, Principal Secretary) to look into the various issues pertaining to MSMEs. In terms of the recommendations of the Task Force banks have been advised to achieve a 20 per cent year-on-year growth in credit to micro and small enterprises and a 10 per cent annual growth in the number of micro enterprise accounts (Refer circular RPCD.SME & NFS.No.BC.90/06.02.31/2009-10 dated June 29, 2010).

In order to ensure that sufficient credit is available to micro enterprises within the MSE sector, banks should ensure that:

 (a) 40 per cent of the total advances to MSE sector should go to micro (manufacturing) enterprises having investment in plant and machinery up to Rs. 5 lakh and micro (service) enterprises having investment in equipment up to Rs. 2 lakh ;

 (b) 20 per cent of the total advances to MSE sector should go to micro (manufacturing) enterprises with investment in plant and machinery above Rs. 5 lakh and up to Rs. 25 lakh, and micro (service) enterprises with investment in equipment above Rs. 2 lakh and up to Rs. 10 lakh. Thus, 60 per cent of MSE advances should go to the micro enterprises.

 (c) While banks are advised to achieve the 60% target as above, the allocation of 60% of the MSE advances to the micro enterprises is to be achieved in stages viz. 50% in the year 2010-11, 55% in the year 2011-12 and 60% in the year 2012-13 (Refer circular RPCD.SME & NFS.No.BC.90/06.02.31/2009-10 dated June 29, 2010).

For Foreign banks the targets are the same except that Foreign banks are expected to enlarge credit to priority sector and ensure that priority sector advances (which includes the MSE sector) constitute 32 per cent of Adjusted Net Bank Credit (ANBC) or credit equivalent amount of Off-Balance Sheet Exposure, whichever is higher. Within the overall target of 32 per cent to be achieved by foreign banks, the advances to MSE sector should not be less than 10 per cent of the adjusted net bank credit (ANBC) or credit equivalent amount of Off-Balance Sheet Exposure, whichever is higher. For details, the Master Circular RPCD.SME & NFS. BC. No. 09/06.02.31/2011-12 dated July 1, 2011 on ‘Lending to Micro, Small and Medium Enterprises (MSME) Sector, may please be seen.

Q.6. Are there specialized bank branches for lending to the MSMEs?

A.6. Public sector banks have been advised to open at least one specialized branch in each district. The banks have been permitted to categorize their MSMEgeneral banking branches having 60% or more of their advances to MSME sector, as specialized MSME branches for providing better service to this sector as a whole. As per the policy package announced by the Government of India for stepping up credit to MSME sector, the public sector banks will ensure specialized MSME branches in identified clusters/centres with preponderance of small enterprises to enable the entrepreneurs to have easy access to the bank credit and to equip bank personnel to develop requisite expertise. Though their core competence will be utilized for extending finance and other services to MSME sector, they will have operational flexibility to extend finance/render other services to other sectors/borrowers.

Q.7. How many such specialized branches for lending to MSMEs are there?

A.7. As on March 2011 there are 1220 specialized MSME branches.

Q.8. How do banks assess the working capital requirements of borrowers?

A.8. The banks have been advised to put in place loan policies governing extension of credit facilities for the MSE sector duly approved by their Board of Directors (Refer circular RPCD.SME & NFS.BC.No.102/06.04.01/2008-09 dated May 4, 2009). Banks have, however, been advised to sanction limits after proper appraisal of the genuine working capital requirements of the borrowers keeping in mind their business cycle and short term credit requirement. As per Nayak Committee Report, working capital limits to SSI units is computed on the basis of minimum 20% of their estimated turnover up to credit limit of Rs.5crore. For more details paragraph 4.12.2 of the Master Circular on lending to the MSME sector dated July 1, 2010 may please be seen.

Q.9. Is there any provision for grant of composite loans by banks?

A.9. A composite loan limit of Rs.1crore can be sanctioned by banks to enable the MSME entrepreneurs to avail of their working capital and term loan requirement through Single Window in terms of our Master Circular on lending to the MSME sector dated July 1, 2010. All scheduled commercial banks were advised by our circular RPCD.SME&NFS. BC.No.102/06.04.01/2008-09 on May 4, 2009 that the banks which have sanctioned term loan singly or jointly must also sanction working capital (WC) limit singly (or jointly, in the ratio of term loan) to avoid delay in commencement of commercial production thereby ensuring that there are no cases where term loan has been sanctioned and working capital facilities are yet to be sanctioned. These instructions have been reiterated to scheduled commercial banks on March 11, 2010.

Q.10.What is Cluster financing?

A.10. Cluster based approach to lending is intended to provide a full-service approach to cater to the diverse needs of the MSE sector which may be achieved through extending banking services to recognized MSE clusters. A cluster based approach may be more beneficial (a) in dealing with well-defined and recognized groups (b) availability of appropriate information for risk assessment (c) monitoring by the lending institutions and (d) reduction in costs.

The banks have, therefore, been advised to treat it as a thrust area and increasingly adopt the same for SME financing. United Nations Industrial Development Organisation (UNIDO) has identified 388 clusters spread over 21 states in various parts of the country. The Ministry of Micro, Small and Medium Enterprises has also approved a list of clusters under the Scheme of Fund for Regeneration of Traditional Industries (SFURTI) and Micro and Small Enterprises Cluster Development Programme (MSE-CDP) located in 121 Minority Concentration Districts. Accordingly, banks have been advised to take appropriate measures to improve the credit flow to the identified clusters of micro and small entrepreneurs from the Minorities Communities residing in the minority concentrated districts of the country.

Banks have also been advised that they should open more MSE focussed branch offices at different MSE clusters which can also act as counselling centres for MSEs. Each lead bank of the district may adopt at least one cluster (Refer circular RPCD.SME & NFS.No.BC.90/06.02.31/2009-10 dated June 29, 2010)

Q.11. Is there a time frame for disposal of loan applications made by the micro small enterprises?

A. 11. Banks have been advised to dispose of all loan applications for MSE borrowers up to a credit limit of Rs. 25,000/-, within 2 weeks and those up to Rs.5 lakh within 4 weeks provided the loan applications are complete in all respects and accompanied by a ‘check list’ (Refer Master Circular RPCD.SME & NFS. BC. No. 09/06.02.31/2011-12 dated July 1, 2011 on ‘Lending to Micro, Small and Medium Enterprises (MSME) Sector).

Q.12. What are the RBI guidelines on interest rates for loans disbursed by the commercial banks?

A.12. As part of the financial sector liberalisation, all credit related matters of banks including charging of interest have been deregulated by RBI and are governed by the banks’ own lending policies. With a view to enhancing transparency in lending rates of banks and enabling better assessment of transmission of monetary policy, all scheduled commercial banks had been advised in terms of our circular DBOD.No.Dir.BC.88/13.03.00/2009-10 on April 9, 2010 to introduce the Base Rate system w.e.f. July 1, 2010. Accordingly, the Base Rate System has replaced the BPLR system with effect from July 1, 2010. All categories of loans should henceforth be priced only with reference to the Base Rate. It is expected that the above deregulation of lending rate will increase the credit flow to small borrowers at reasonable rate.

Q.13. Can the MSE borrowers get collateral free loans from banks?

A.13. In terms of guidelines contained in circular RPCD.SME&NFS.BC.No.16/06.02.31(P)/2009-10 dated August 24, 2009 issued by Reserve Bank of India, banks have been mandated to grant collateral free loans upto Rs.5 lakh to all MSE borrowers. Banks have been further advised vide our circular RPCD/PLNFS/BC.No.39/06.02.80/2003-04 dated November 3, 2003 that they may, on the basis of good track record and financial position of the SSI (Now MSE) units, increase the limit of dispensation of collateral requirement for loans from the existing level of Rs.15 lakh to Rs.25 lakh with the approval of the appropriate authority.

In terms of our circular RPCD.SME&NFS.BC.No.79/06.02.31/2009-10 dated May 6, 2010, the limit of collateral free loans to MSE borrowers has been increased from Rs.5 lakh to Rs. 10 lakh based on the recommendations of the Working Group to review the Credit Guarantee Scheme of the Credit Guarantee Fund Trust for Micro and Small Enterprises (Chairman: Shri V.K.Sharma, Executive Director, Reserve Bank of India)

Q.14. What is the Credit Guarantee Fund Trust Scheme for MSEs?

A.14. The Ministry of MSME, Government of India and SIDBI set up the Credit Guarantee Fund Trust for Micro and Small Enterprises ( CGTMSE) with a view to facilitate flow of credit to the MSE sector without the need for collaterals/ third party guarantees. The main objective of the scheme is that the lender should give importance to project viability and secure the credit facility purely on the primary security of the assets financed. The Credit Guarantee scheme (CGS) seeks to reassure the lender that, in the event of a MSE unit, which availed collateral- free credit facilities, fails to discharge its liabilities to the lender, the Guarantee Trust would make good the loss incurred by the lender up to 85 per cent of the outstanding amount in default.

The CGTMSE would provide cover for credit facility up to Rs. 100 lakh which have been extended by lending institutions without any collateral security and /or third party guarantees. A guarantee and annual service fee is charged by the CGTMSE to avail of the guarantee cover. Presently the guarantee fee and annual service charges are to be borne by the borrower.

Q.15. Why is credit rating of the micro small borrowers necessary?

A.15. With a view to facilitating credit flow to the MSME sector and enhancing the comfort-level of the lending institutions the MSME units credit rating done by reputed credit rating agencies should be encouraged. Banks are advised to consider these ratings as per availability and wherever appropriate structure their rates of interest depending on the ratings assigned to the borrowing SME units.

Q.16. Is credit rating mandatory for the MSE borrowers?

A.16. Credit rating is not mandatory but it is in the interest of the MSE borrowers to get their credit rating done as it would help in credit pricing of the loans taken by them from banks.

Q.17. What are the guidelines for delayed payment of dues to the MSE borrowers?

A.17. With the enactment of the Micro, Small and Medium Enterprises Development (MSMED), Act 2006, for the goods and services supplied by the MSEME units payments have to be made by the buyers as under:

  (i) The buyer to make payment on or before the date agreed on between him and the supplier in writing or, in case of no agreement before the appointed day. The agreement between seller and buyer shall not exceed more than 45 days.

 (ii) The buyer fails to make payment of the amount to the supplier, he shall be liable to pay compound interest with monthly rests to the supplier on the amount from the appointed day or, on the date agreed on, at three times of the Bank Rate notified by Reserve Bank.

(iii) For any goods supplied or services rendered by the supplier, the buyer shall be liable to pay the interest as advised at (ii) above.

(iv) In case of dispute with regard to any amount due, a reference shall be made to the Micro and Small Enterprises Facilitation Council, constituted by the respective State Government.

To take care of the payment obligations of large corporate borrowers to MSEs, banks have been advised that while sanctioning/renewing credit limits to their large corporate borrowers (i.e. borrowers enjoying working capital limits of Rs. 10 crore and above from the banking system), to fix separate sub-limits, within the overall limits, specifically for meeting payment obligations in respect of purchases from MSEs either on cash basis or on bill basis.

Banks were also advised to closely monitor the operations in the sub-limits, particularly with reference to their corporate borrowers’ dues to MSE units by ascertaining periodically from their corporate borrowers, the extent of their dues to MSE suppliers and ensuring that the corporates pay off such dues before the ‘appointed day’ /agreed date by using the balance available in the sub-limit so created. In this regard the relevant circular is circular IECD/5/08.12.01/2000-01 dated October 16, 2000 (reiterated on May 30, 2003, vide circular No. IECD.No.20/08.12.01/2002-03) available on our website.

Q.18. What is debt restructuring of advances?

A.18. A viable/potentially viable unit may apply for a debt restructuring if it shows early stage of stickiness. In such cases the banks may consider to reschedule the debt for repayment, consider additional funds etc. A debt restructuring mechanism for units in MSME sector has been formulated and advised to all commercial banks .The detailed guidelines have been issued to ensure restructuring of debt of all eligible small and medium enterprises. Prudential guidelines on restructuring of advances have also been issued which harmonises the prudential norms over all categories of debt restructuring mechanisms (other than those restructured on account of natural calamities). The relevant circulars in this regard are circularDBOD.BP.BC.No.34/21.04.132/2005-06 dated September 8, 2005 and circular DBOD.No.BP.BC.37/21.04.132/2008-09 dated August 27, 2008 which are available on our website www.rbi.org.in.

Q.19. On restructuring of advances does the asset classification by the bank change?

A.19 The principles and prudential norms for asset classification on restructuring of advances are prescribed in Part B of the Master Circular DBOD.No.BP.BC.12/21.04.048/2011-12 dated July 1, 2011 on ‘Prudential Norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances’.

The special regulatory treatment for asset classification, under which the asset classification would not change upon restructuring, will be available to the borrowers engaged in important business activities, subject to the compliance with certain conditions as specified in para 14 of the above circular.

Q.20. What is the definition of a sick unit?

A.20. As per the extant guidelines, a unit is considered as sick when any of the borrowal account of the unit remains substandard for more than 6 months or there is erosion in the net worth due to accumulated cash losses to the extent of 50% of its net worth during the previous accounting year andthe unit has been in commercial production for at least two years. The criteria will enable banks to detect sickness at an early stage and facilitate corrective action for revival of the unit.

Q.21. Is there a time frame within which the banks are required to implement the rehabilitation package?

A.21. Viable/potentially viable MSE units/enterprises, which turn sick in spite of debt re-structuring would need to be rehabilitated and put under nursing. It will be for the banks/financial institutions to decide whether a sick SSI unit is potentially viable or not. Viability of a unit identified as sick, should be decided quickly and made known to the unit and others concerned at the earliest. The rehabilitation package should be fully implemented within six months from the date the unit is declared as ‘potentially viable’ / ‘viable’. The rehabilitation package should be fully implemented by banks within six months from the date the unit is declared as potentially viable/viable. During this six months period of identifying and implementing rehabilitation package banks/FIs are required to do “holding operation” which will allow the sick unit to draw funds from the cash credit account at least to the extent of deposit of sale proceeds. The relevant circular on rehabilitation of sick units is RPCD. NO. PLNFS.BC.57/06.04.01/2001-2002 dated January 16, 2002 available on our website.

Q.22. What are the RBI guidelines on One Time Settlement scheme(OTS) for MSEs for settlement of their NPAs?

A.22. Scheduled commercial banks have been advised in terms of our circular RPCD.SME&NFS. BC.No.102/06.04.01/2008-09 dated May 4, 2009 to put in place a non -discretionary One time Settlement scheme duly approved by their Boards. The banks have also been advised to give adequate publicity to their OTS policies. (Refer circular RPCD.SME&NFS. BC.No.102/06.04.01/2008-09 dated May 4, 2009)

Q.23. What is the Banking Codes and Standard Board of India (BCSBI) and its role for MSEs?

A.23. The Banking Codes and Standard Board of India (BCSBI) constituted a Working Group comprising members from select banks, Indian Banks Association, Rural Planning & Credit Department of Reserve Bank of India to formulate a Banking Code for SME Customers. On the basis of discussions with Industry Associations, banks, SIDBI and Government agencies, The Banking Codes and Standard Board of India (BCSBI) has formulated a Code of Bank’s Commitment to Micro and Small Enterprises. This is a voluntary Code, which sets minimum standards of banking practices for banks to follow when they are dealing with Micro and Small Enterprises (MSEs) as defined in the Micro Small and Medium Enterprises Development (MSMED) Act, 2006. The Code may be accessed on the website of BCSBI www. bcsbi.org.in

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