1 - Notes-Regulatary Institution
1 - Notes-Regulatary Institution
MODULE V
REGULATORY INSTITUTIONS
The Reserve Bank of India is the Central Bank of our country. The Reserve
Bank of India is the apex financial institution of the country’s financial system
entrusted with the task of control, supervision, promotion, development and
planning. Reserve Bank of India came into existence on 1 st April, 1935 as per the
Reserve Bank of India act 1935. But the bank was nationalised by the
government after Independence. It became the public sector bank from 1st January,
1949. Thus, Reserve Bank of India was established as per the Act 1935 and
empowerment took place in Banking Regulation Act 1949.
Reserve Bank of India is the queen bee of the Indian financial system which
influences the commercial banks’ management in more than one way. The Reserve
Bank of India influences the management of commercial banks through its various
policies, directions and regulations. Its role in bank management is quite unique.
In fact, the Reserve Bank of India performs the four basic functions of management,
viz., planning, organising, directing and controlling in laying a strong foundation
for the functioning of commercial banks. Reserve Bank of India has 4 local boards
basically in North, South, East and West – Delhi, Chennai, Calcutta, and Mumbai.
The Preamble to the Reserve Bank of India Act, 1934 spells out the objectives
of the Reserve Bank as: “to regulate the issue of Bank notes and the keeping of
reserves with a view to securing monetary stability in India and generally to operate
the currency and credit system of the country to its advantage.”
Prior to the establishment of the Reserve Bank, the Indian financial system
was totally inadequate on account of the inherent weakness of the dual control of
currency by the Central Government and of credit by the Imperial Bank of India.
The Hilton-Young Commission, therefore, recommended that the dichotomy of
functions and division of responsibility for control of currency and credit and the
divergent policies in this respect must be ended by setting-up of a central bank – called
the Reserve Bank of India – which would regulate the financial policy and develop
banking facilities throughout the country. Hence, the Bank wasestablished with this
primary object in view.
Another objective of the Reserve Bank has been to remain free from political
influence and be in successful operation for maintaining financial stability and
credit. The fundamental object of the Reserve Bank of India is to discharge purely
central banking functions in the Indian money market, i.e., to act as the note-
issuing authority, bankers’ bank and banker to government, and to promote the
growth of the economy within the framework of the general economic policy of the
Government, consistent with the need of maintenance ofprice stability.
A significant object of the Reserve -Bank of India has also been to assist the
planned process of development of the Indian economy. Besides the traditional
central banking functions, with the launching of the five-year plans in the country,
the Reserve Bank of India has been moving ahead in performing a host of
developmental and promotional functions, which are normally beyond the purview of
a traditional Central Bank.
The Reserve Bank of India performs all the typical functions of a good Central Bank.
In addition, it carries out a variety of developmental and promotional functions which
are tuned to the course of economic planning in the country:
Agricultural Finance.
Industrial Finance
Export Finance.
Institutional promotion.
a) Issue Department
b) Banking department
ii) Banker to the Government: - Reserve Bank of India acts as a banker to the
central and state Government. As a banker it provides all the services like
a commercial bank to these Governments. It accepts deposits of the
Government and allows them to withdrawal of cheques. It makes
payments and collect receipts on behalf of the government. It also
provides temporary advances for maximum period of 3 months to these
governments. It is known as “Ways” and “Means advances”. It is also the
financial advisor to the central and states. It also helps them in
formulation of financial policies.
iii) Bankers bank: - Reserve Bank of India is the apex financial institution acts
as banker to other bank. RBI accepts deposits, maintains cash reserves
and lends loans to all the banks operating under its preview. It is a
banker’s bank in the following grounds: It provides short-term loans to
the banks for 3 months against (security) i.e. eligible securities.
iv) Regulatory and Supervisor Function: -The most significant provision of the
Banking regulation act is supervision and regulation of banks. Section 35 of
the act say’s that RBI can inspect any branch of Indian Bank located in or
outside the country. Further, it issued licensing for the banks and can
establish new branches to maintain regional balance in the country. It also
arranges for training colleges to the banks employees and officers.
The Reserve Bank of India adopts two methods to control credit in modern times
for regulating bank advances. They are as follows
When the central bank sells securities, they are purchased by the commercial
banks and private individuals. So money supply is reduced in the economy and
there is contraction in credit.
When the securities are purchased by the central bank, money goes to the
commercial banks and the customers. SO money supply is increased in the
economy and there is more demand for credit.
It is also known as qualitative credit control. This method is used to control the
flow of credit to particular sectors of the economy. The direction of creditis
regulated by the central bank. This method is used as a complementary to
quantitative credit control discourages the flow of credit to unproductive sectors
and speculative activities and also to attain price stability. The main instruments
used for this purpose are:
Apart from trade and industry a great amount of credit is given to the
consumers for purchasing durable goods also. Reserve Bank of India seeks to
control such credit in the following ways:
Under this system, the central bank can issue directives for the credit control.
There may be a written or oral voluntary agreement between the central bank
and commercial banks in this regard. Sometimes the commercial banks do not
follow these directives of the Reserve Bank of India.
RBI is the most important constituent of the money market. The money market
comes within the direct purview of the Reserve Bank of India regulations. The
Reserve Bank of India influences liquidity and interest rates through a number of
operating instruments such as CRR, Open Market Operations, repos, change in
bank rates etc. The RBI has been taking several measures to develop money
market in India. A committee to review the working of the monetary system under
the chairmanship of Sukhamoy Chakravorty was set up in 1985. It underlined the
need to develop money market instruments. As follow up, the RBIset up a working
group on the money market under the chairmanship of [Link]. The committee
submitted its report in 1987. This committee laid the blueprint for the institution
of a money market. Based on its recommendations, the RBI initiated the following
measures:
1. The DFHI was set up as a money market institution jointly by the RBI, public
sector banks, and financial institutions in 1988 to impart liquidity to moneymarket
instruments and help the development of a secondary market for such
instruments.
3. To enable price discovery, the interest rate ceiling on call money was freed in
stages from October 1988. As a first step, operations of the DFHI in the call/notice
money market were freed from the interest rate ceiling in 1988. Interest rate
ceiling on interbank term money, rediscounting of commercial bills and interbank
participation without risk were withdrawn in May 1989. All the money market
interest rates are, by and large, determined by market forces.
In August 1991, the RBI set up a high level committee under the
chairmanship of [Link] (the Narasimham Committee) to examine all
aspects relating to structure, organization, functions and procedures of the
financial system. The committee made several recommendations for the
development of the money market. Based on its recommendations, the RBI
initiated the following measures:
4. The Securities Trading Corporation of India was set up in June 1994, to provide
an active secondary market in government securities.
5. Barriers to entry were gradually eased by (a) setting up the primary dealer
system in 1995 and satellite dealer system in 1999 to inject liquidity in themarket,
(b) enabling market evaluation of associated risks by withdrawing regulatory
restrictions such as bank guarantees in respect of CPs, and (c) increasing the
number of participants by allowing the entry of foreign institutional investors.
10. The minimum lock in period for money market instruments was brought
down to 7 days.
11. The RBI started repos both on auction and fixed interest rate basis for liquidity
management.
12. New money market derivatives such as forward rate agreements and interest rate
swaps were introduced in 1999.
13. Money market instruments such as CDs and CPs are freely accessible to non-
bank participants.
14. The payment system infrastructure was strengthened with the introduction of the
negotiated dealing system (NDS) in February 2002, setting up of the Clearing
Corporation of India Ltd. (CCIL) in April 2002, and the implementation of real time
grow settlement system from April 2004.
A basic objective of money market reforms in the recent years has been to
facilitate the introduction of new instruments and their appropriate pricing. The
RBI has endeavoured to develop market segments which exclusively deal in specific
assets and liabilities as well as participants. Accordingly, the call/notice money market
is now a pure inter-bank market. Standing liquidity support to banks from the RBI
and facilities for exceptional liquidity support has been rationalized. The various
segments of the money market have integrated with the introduction and successful
implementation of the LAF. The NDS and CCIL have improved the functioning of money
markets. Thus, RBI has been attempting to develop the Indian money market. RBI is
playing a key role in the development of Indian money market.
1992. Before that, the Capital Issues (Control) Act, 1947 was repealed. SEBI hasbeen
constituted on the lines of Securities and Exchange Commission of USA. SEBI is
consisting of the Chairman and 8 Members (one member representing the Reserve
Bank of India, two members from the officials of Central Governmentand five other
public representatives to be appointed by the Central Government from different
fields). Securities and Exchange Board of India has been playing an active role in the
Indian Capital Market to achieve the objectives enshrined in the Securities and
Exchange Board of India Act, 1992.
To provide a degree of protection to the investors and safeguard their rights and
to ensure that there is a steady flow of funds in the market.
Section 11 of the SEBI Act deals with the powers and functions of the SEBI
as follows:
It shall be the duty of Board to protect the interests of the investors in securities
and to promote the development of and to regulate the securities market by
measures as deemed fit.
To achieve the above, the Board may undertake the following measures :
4. Registering and regulating the working of venture capital funds and collective
investment schemes, including mutual funds;
In order to attain these objectives, Securities and Exchange Board of India has issued
Guidelines, Rules and Regulations from time to time. The most important of these
is the “SEBI (Disclosure and Investor Protection) Guidelines, 2000″. The provisions of
these Guidelines, 2000 are aimed to protect the interest of the investors in securities.
Guidelines on advertisements,
In order to regulate and control and to provide a code of conduct for the merchant
bankers, other participants of capital market, and other matters relating to trading
of securities, SEBI has issued several Rules and Regulations. These are related to
Bankers to the issues, Buy back of securities, Collective Investments Schemes,
Delisting of securities, Depositors, Derivatives, Employee stock options, Foreign
Institutional Investors(FII’s), Insider Trading, Lead Manager, Market Makers,
Merchant Bankers, Mutual Funds, Ombudsman, Portfolio Manager, Registrars and
Share Transfer Agents, Securities Lending Scheme, Sweat Equity, Stock Brokers and
sub-brokers, Takeover Regulations, Transfer of Shares, Underwriters, unfair Trade
Practices, venture capital Funds, Annual Reports, etc.
The primary market is under the control of Securities and Exchange Board
of India. Securities and Exchange Board of India has an important role to keep
the primary market healthy and efficient. It has been taking several measures
for the development of primary market in India. In the meantime it is attempting
to protect the interest of investors. It is issuing guidelines in respect of new issues
of securities in the primary market. The role being played by the Securities and
Exchange Board of India in the primary market can be understood from the
following points:
1. The prime objective of establishing Securities and Exchange Board of India was
to protect the interests of investors in securities, promoting the development of,
and regulating the securities markets.
2. The Securities and Exchange Board of India Act came into force on 30th January,
1992. With its establishment, all public issues are governed by the rules and
regulations issued by Securities and Exchange Board of India.
3. Securities and Exchange Board of India was formed to promote fair dealing in
issue of securities and to ensure that the capital markets function efficiently,
transparently and economically in the better interests of both the issuers and
investors.
4. The promoters should be able to raise funds at a relatively low cost. At the same
time, investors must be protected from the unethical practices. Their rights must be
safeguarded so that there is a ready flow of savings into the market. There must be
proper regulation and code of conduct and fair practice by intermediaries to make
them competitive and professional. These are taken care of by Securities and
Exchange Board of India.
5. Since its formation, Securities and Exchange Board of India has been
instrumental in bringing greater transparency in capital issues. Under the
umbrella of Securities and Exchange Board of India, companies issuing shares
are free to fix the premium provided that adequate disclosure is made in the offer
documents. Securities and Exchange Board of India has become a vigilant
watchdog with the focus towards investor protection.
6. The Securities and Exchange Board of India introduced the concept of anchor
investor on June 18, 2009 to enhance issuer’s ability to sell the issue, generate
more confidence in the minds of retail investors and better price discovery in the
issue process. Anchor investors are qualified institutional buyers that buy a large
chunk of shares a day before an IPO opens. They help arriving at an appropriate
benchmark price for share sales and generate confidence in retail investors. A
retail investor is one who can bid in a book-built issue or applies for securities for
a value of not more than Rs. 1,00,000.
The Securities and Exchange Board of India (SEBI) has introduced various
guidelines and regulatory measures for capital issues for healthy and efficient
functioning of capital market in India. The issuing companies are required to make
material disclosure about the risk factors, in their offer documents and also to
get their debt instruments rated. Steps have been taken to ensure that continuous
disclosures are made by firms so as to enable to investors to make a comparison
between promises and performance. The merchant bankers now have greater
degree of accountability in the offer document and the issue process. The due
diligence certificate by the lead manager regarding disclosure made in the offer
document, has been made a part of the offer document itself for better
accountability and transparency on the part of the lead managers.
The book-building process in the primary market has been introduced with
a view to further strengthen the price fixing process. Indian companies have been
allowed to raise funds from abroad by issue of ADR/GDR/FCCB, etc.
Since its birth, Securities and Exchange Board of India has been playing an
active role to make the secondary market healthy and efficient. It will issue guidelines
for the proper functioning of the secondary market. It has the power to call
periodical returns from stock exchanges. It has the power to prescribe maintenance of
certain documents by the stock exchanges. It may call upon the exchange or any
member to furnish explanation or information relating to the affairs of the stock
exchange or any members.
Recent Developments in the Secondary Market (Steps taken by SEBI and Govt to
reform the Secondary Market)
In recent years several steps have been taken to reform the secondary market
with a view to improve the efficiency and effectiveness of secondary market. Some
of the developments in this direction are as follows:
country in general and the investors in particular. Strict rules have been framed
with regard to recognition of stock exchanges, membership, management,
maintenance of accounts etc. Again, stock exchanges are inspected by the officers
of the Securities and Exchange Board of India from time to time.
7. Prevention of price rigging: Greater powers have been given to Securities and
Exchange Board of India under Securities and Exchange Board of India
(Prohibition of fraudulent and unfair trade practices relating to security markets)
Regulations, 1995 to curb price rigging.
9. Free pricing of securities: Now any company is free to enter the capital market
to raise the necessary capital at any price that it wants. Recently, the Securities and
Exchange Board of India has permitted companies to issue shares below the face
value of Rs. 10 and liberalised the norms for initial public offerings.
10. Freeing of interest rates: Interest rates on debentures and on PSU bonds were
freed in August 1991 with a view to raising funds from the capital market at
attractive rates depending on the credit rating.
11. Setting up of credit rating agencies: Credit rating agencies have been set upfor
awarding credit rating to the money market instruments, debt instruments, deposits
and equity shares also. Now all debt instruments must be compulsorily credit rated by
a credit rating agency so that the investing public may not be deceived by financially
unsound companies.
Indian Financial Management Page 105
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12. Introduction of electronic trading: The OTCEI has started its trading
operations through the electronic media. Similarly, BSE switched over to
electronic trading system in 1995, called BOLT. Again, NSE went over to screen
based trading with a national network.
14. Introduction of depository system: To avoid bad delivery, forgery, theft, delay
in settlement and to speed up the transfer of securities, the depository system has
been approved by the Parliament on July 23, 1996.
15. Buy back of shares: Now companies have been permitted to buy back their
own shares.
16. Disinvestment of shares of PSUs: To bring down the Govt. holding and to
push up the privatisation process, the disinvestment programme has been
implemented. A Disinvestment Commission has been established for this
purpose.
17. Stock watch system: The Securities and Exchange Board of India introduced
a new stock watch system to trace out the source of undesirable trading if any in
the market. The stock watch system simply works as a mathematical model which
keeps a constant watch on the market movements.
18. Trading in derivatives: L.C. Gupta Committee which had gone into the question
of introduction of derivative trading, has recommended introducing trading in index
futures to start with and then trading in options. Recently, future funds also have
been permitted to trade in derivatives.
19. Stock lending mechanism: To make the capital market active by putting idle
stocks to work, stock lending scheme has been introduced by the Securities and
Exchange Board of India.
20. International listing: The big event in the history of Indian capital market is the
listing company’s share on an American stock exchange.
21. Rolling settlement: In July 2001, Securities and Exchange Board of India made
rolling settlement on a T + 5 cycles compulsory in 414 stocks and the restof the
stocks should follow it from January 2002. But now T + 2 rolling settlement have
been introduced for all securities.