NABKISAN FINANCE LIMITED
NABKISAN Finance Limited (NKFL) (formerly “Agri Development Finance (Tamilnadu) Limited”) was incorporated under the Companies Act, 1956 on 14.02.1997. NKFL is a subsidiary of National Bank for Agriculture and Rural Development (NABARD) with equity participation from NABARD, Govt. of Tamilnadu, Indian Bank, Indian Overseas Bank, Tamilnad Mercantile Bank, Canara Bank, ICICI Bank, Federal Bank, Lakshmi Vilas Bank and a few Corporates / Individuals. The company is notified as a Non-Banking Finance Company (NBFC) by RBI. The main objective of the company is to provide credit for promotion, expansion and commercialization of enterprises engaged in agriculture, allied and rural non-farm activities. NKFL is providing support for livelihood/ income generating activities by extending credit to Panchayat Level Federations, Trusts, Societies and Section 25 companies/ MFIs for on-lending to its member SHGs/ JLGs.
The present focus of the company is to support Producers Organisation for term loan and working capital requirements.
“The Nabkisan Finance limited presently operates in 20 states, viz., Andhra Pradesh, Assam, Bihar, Chattisgarh, Delhi, Gujarat, Haryana, Jharkhand, Karnataka, Kerala, Maharashtra, Madya Pradesh, Odisha, Punjab, Rajasthan, Tamilnadu, Telangana, Uttar Pradesh, Uttarakhand, and West Bengal.”
Fair Practices Code
FAIR PRACTICES CODE FOR NABKISAN FINANCE LIMITED
Intent and Content
This Code has been drafted by NABKISAN Finance Limited (NABKISAN) as per the Guidelines issued by the Reserve Bank of India on Fair Practices Code for Non-Banking Finance Companies vide its Circular No.RBI / 2006-07 / 138 / DNBS (PD) CC No.80 / 03.10.042 / 2005-06 dated September 28, 2006. This Code sets minimum Fair Practice standards for NABKISAN to follow when it is dealing with the customer. It provides information to customers and explains how NABKISAN is expected to deal with the customers on day-to-day basis. This Code will come into force from the date of approval and adoption by the Board for implementation by NABKISAN.
Objectives of the CodeThe Code has been developed with an object to:
- Promote good, fair and transparent business practices by setting minimum standards in dealing with the customer which NABKISAN shall follow.
- Increase transparency so that the customer can have a better understanding of what type of service level can be expected from NABKISAN.
- NABKISAN will interact with the customers in such manner so as to promote cordial relationship.
- NABKISAN shall endeavour to achieve, through fair means, higher operating standards and foster customer confidence in NABKISAN in the financing undertaken.
Application of the Code
The Code applies to all products, offered by NABKISANas envisaged in its Memorandum of Association.
Key CommitmentTo help borrower/customer to understand how NABKISAN's financial products and services work by:
- Ensuring that the customer is given clear information about NABKISAN's products and services, the terms and conditions and interest rates/ service charges, which apply to them.
- Keeping customer informed about changes in the interest rates, charges, terms and conditions.
- Meeting the commitments and standards in this Code for products and services offered by NABKISAN.
- Making sure that products and services meet relevant principles of integrity and transparency.
- Informing customer about the time limit by which loan application will be processed and informing them of the status at regular intervals.
- Handling customer complaints promptly.
- Informing customers about the process to take their complaints forward to higher authorities.
To treat personal information of customers as private and confidential.
Applications for Loan and their ProcessingApplication for Loan
- Loan application forms will be designed and implemented depending upon the loan products offered.
- The loan application forms will clearly indicate the details required to be submitted with the application form.
- All loan applications received from the borrowers will be duly acknowledged.
- All loan proposals received would be placed before the Board /Loan Committee /competent authority after the receipt of the loan application.
- The acceptance / rejection of the loan application shall be intimated to the borrower in writing, irrespective of the loan amount sought.
- In case of rejection, the reasons for rejection shall also be intimated to the concerned borrower.
The rate of interest on loan products will be reasonable in relation to market conditions. The sanction letter will convey the amount to be financed and the rate of interest and the method of application thereof, mode and time at which the interest will be debited and other terms and conditions applicable to loan. This will be in duplicate. One copy would be handed over to the customer and one copy will be retained in customer’s file after due acceptance of the terms and conditions by the borrower.
Disbursement of loans including changes in terms and conditions
- A copy of the loan agreement along with a copy each of all enclosures quoted in the loan agreement will be furnished to the borrower at the time of sanction of loan.
- Any change in terms of conditions like change in interest rate, tenure, all charges / fees would be communicated to the borrower in writing. The Company will ensure that changes are effected only prospectively.
- Any decision to recall or to accelerate payment would be communicated to the borrower in writing as per the terms of the loan agreement.
- NABKISAN will release all securities on repayment of all dues or on realization of the outstanding amount of loan subject to any legitimate right or lien for any other claim NABKISAN may have against the borrower. If such right of set off is to be exercised, the borrower shall be given notice about the same with full particulars about the remaining claims and the condition under which NABKISAN is entitled to retain the securities till the relevant claim is settled / paid.
- NABKISAN would not discriminate on grounds of sex, caste and religion in the matter of lending. However, this does not preclude the Company from participating in credit linked schemes for the weaker sections of the society and in respect of schemes formulated by NABARD/ other Government Agencies, implemented through NABKISAN.
- NABKISANwill take recourse / actions only through legally permissible remedies as per the terms and conditions of loan agreement entered into with the borrower.
- Only written request from customers for transfer of liabilities will be evaluated by the Company and written confirmation/ rejection will be intimated to the customer within 21 days after due diligence. Such transfer shall be as per transparent, contractual terms in consonance with the law.
- Any agency to whom various activities are outsourced/ entrusted will have to be short listed and empanelled as per the Company policies issued from time to time.
- NABKISAN shall refrain from interference in the affairs of the borrower except for the purpose provided in terms and conditions of the loan agreement (unless new information not earlier disclosed by the borrower has come to the notice of NABKISAN).
- NABKISAN shall treat customer information as private and confidential.
- The information shall be parted by NABKISAN only in the following circumstances:
- Information required to be given under law or as demanded or required by statutory authorities.
- Information is given with customer's specific written permission.
Collection of Dues
- In the matter of recovery of loans, NABKISAN shall not resort to undue harassment viz., persistently bothering the borrowers at odd hours, use of muscle power for recovery of loans, etc.
- NABKISAN's collection policy shall be built on courtesy, fair treatment and persuasion. Efforts will be made in building customer confidence and long-term relationship.
- The staff deputed to make recovery calls shall identify themselves and shall provide details with regard to outstanding claims to the customer.
Complaints, Grievances and Feedback
- Complaint register would be maintained. If complaint is received in writing, complaint number would be given which would be referred to in future.
- NABKISAN will endeavour to sort out the matter within 15 days of receipt of a complaint.
- In case the complaint requires more time, then, the same would be informed to the customer. Customer would be updated at regular intervals regarding the status of the same.
- The grievance redressal mechanism within the organisation will be explained to the customer to resolve any dispute, such a mechanism would ensure that all disputes arising out of decisions of NABKISAN’s functionaries are heard and disposed off at least at the next higher level.
- A complaint of misconduct against an official of NABKISAN shall be redressed by the next level of authority.
- The officials of NABKISAN shall ensure that the grievances of the borrowers are brought to the notice of the Board. A consolidated report will be submitted to the Board on a quarterly basis.
The Board of Directors of NABKISAN will periodically review the compliance of the Fair Practices Code and the functioning of the grievance redressal mechanism at various levels of management.
The objective of KYC guidelines is to prevent the Company from being used, intentionally or unintentionally, by criminal elements for money laundering activities or terrorist financing activities. KYC procedures shall also enable the Company to know and understand its Customers and its financial dealings better which in turn will help it to manage its risks prudently.
NABKISAN Finance Limited (NKFL) (Formerly “Agri Development Finance (Tamilnadu) Limited”) is a subsidiary of National Bank for Agriculture and Rural Development (NABARD) and was incorporated on 14th February 1997 with the objective of carrying on the business of providing credit and other facilities to enterprises engaged in agriculture and allied activities and for promoting the social and economic welfare of the public in rural area, in the state of Tamilnadu. Subsequently, with the change in name, the operations were expanded to pan India basis with focus on financing Producer Organisations (POs).
NKFL meets the criteria for undertaking the mandatory CSR activities corresponding to the provisions specified in the Companies Act, 2013 coming to effect from April 01, 2016.
The CSR policy aims to lay down norms to enable the Company to contribute to the society through the activities it envisages from time to time.
The policy framed hereunder may be called as “NABKISAN Corporate Social Responsibility Policy”.
It shall come into force with effect from April 01, 2016.
- “Act” means the Companies Act, 2013.
- “Rules” means the Companies (Corporate Social Responsibility) Rules, 2014 and any modifications and /or re-enactment made thereof from time to time.
- “CSR Policy” means a policy framed by the Company under the provisions of Section 135 of the Companies Act,2013, the Companies (Corporate Social Responsibility) Rules, 2014, Schedule VII to the Companies Act, 2013 and any other applicable provisions of the Companies Act, 2013 and any modifications and /or re-enactment made thereof from time to time
- “NABKISAN” means NABKISAN Finance Limited.
- “The Company” / “Company” means NABKISAN.
- “Board” means the Board of Directors of NABKISAN.
- “CSR” / “Corporate Social Responsibility” means the projects or programs relating to activities undertaken by the Board of the Company in pursuance of recommendations of the CSR Committee of the Board as per declared CSR Policy of the Company.
- “CSR Committee” means the Committee of the Board on CSR constituted under the provisions of Section 135 of the Companies Act, 2013 and includes any reconstitution thereof from time to time.
- “Net Profit” means the net profit of the Company as per its financial statement prepared in accordance with the applicable provisions of the Companies Act, 2013.
CSR activities taken up by the Company shall include the activity / activities amongst and relating to the list provided under the Companies Act or any relevant act / provisions as envisaged by the Government of India from time to time.
The activities according to Schedule VII of the Companies Act, 2013 are:
- Eradicating hunger, poverty and malnutrition, promoting preventive health care and sanitation and making available safe drinking water
- Promotion of education including special education and employment enhancing vocation skills especially among children, women, elderly and the differently abled and livelihood enhancement projects
- Promoting gender equality, empowering women, setting up homes and hostels for women and orphans; setting up old age homes, day care centres and such other facilities for senior citizens and measures for reducing inequalities faced by socially and economically backward groups
- Ensuring environmental sustainability, ecological balance, protection of flora and fauna, animal welfare, agroforestry, conservation of natural resources and maintaining quality of soil, air and water
- Protection of national heritage, art and culture including restoration of buildings and sites of historical importance and works of art; setting up public libraries; promotion and development of traditional arts and handicrafts
- Measures for the benefit of armed forces veterans, war widows and their dependents
- Training to promote rural sports, nationally recognized sports, Paralympic sports and Olympic sports
- Contribution to the Prime Minister’s National Relief Fund or any other fund set up by the Central Government for socio-economic development and relief and welfare of the Scheduled Castes, the Scheduled Tribes, other backward classes, minorities and women
- Contribution or funds provided to technology incubators located within academic institutions which are approved by the Central Government
- Rural development projects.
Broad Guidelines for Implementation
- The identified CSR activities will be implemented as per Section 135 of the Companies Act, 2013 and the rules framed thereunder.
- Company shall give preference to the local areas and areas around which it operates.
- The CSR expenditure would be on activities permitted under Section 135 read with Schedule VII of the Companies Act, 2013.
- The company can collaborate with other companies for undertaking CSR activities.
- Contributions to corpus of a trust /society / Section 8 companies, etc., will qualify as CSR expenditure as long as such entity is created exclusively for undertaking CSR activities or where corpus is created exclusively for a purpose directly relatable to a subject covered in Schedule VII of the Companies Act, 2013.
- It will be ensured that CSR activities are beneficial to the community and benefits are available on long term basis.
CSR Committee of the company will be responsible for the monitoring of various CSR projects or programs undertaken by the company directly or indirectly. The Committee shall ensure that:
- Company undertakes the CSR activities as provided in the CSR Policy.
- The projects / programs are implemented as per the program approved by the Board of Directors.
- The budget allocated for each of the project is utilized for the projects as per the approved plans.
- The objective of the project / program is achieved as per the plans.
- Wherever projects /programs are undertaken in partnership with one or more organisations, the part of the project undertaken by the company shall be distinguishable and necessary supporting documents in respect of the same shall be obtained from the other partners / implementing agency on an annual basis.
- A quarterly report on implementation shall be submitted to the Board by the CSR Committee.
The company shall report the details of CSR program or projects undertaken under its CSR Policy to the CSR Committee of the Board and thereafter for disseminating the same to the Members of the Company together with the Annual Report in the format prescribed in the Companies (CSR) Rules, 2014. Progress under CSR will be placed before the Board at regular intervals.
The fund for the CSR should be allocated based on at least two percent of the average net profits of the company made during the three immediately preceding financial years. The net profits shall be computed as per Section 198 of the Companies Act, 2013. In case the company could not spend the envisaged amount on CSR activities during the relevant financial year, the Board shall specify the reasons thereof in its Annual Report. The corpus would include (a) 2% of the average net profits, and (b) surplus arising out of CSR activities.
- Any surplus arising out of the CSR projects/programs or activities shall not form part of the business profits of the company.
- If it is observed that any CSR Activity taken up for implementation is found not properly implemented, the CSR Committee may, with approval of the Board, may discontinue funding the project at any time during the course of implementation and use such funds for any other project.
- The CSR Committee shall have the power to clarify any doubts or rectify any anomalies that may exist in connection with the effective execution of this CSR Policy.
The objective of Vigilance policy is to frame guidelines to structure efficient and effective vigilance system in the Company in the larger interest of all stake holders. Vigilance policy will be a useful tool for reference and guidance to the staff of the Company, discharging their duties/responsibilities in whichever capacity. It will also be of assistance to the Management of the Company, to be fully compliant with vigilance related instructions/guidelines and also for maintaining better corporate governancestandards.
Internal Guidelines on Corporate Governance
Corporate Governance is a set of systems and practices to ensure that the affairs of the Company are being managed in a way which ensures accountability, transparency and fairness in all transactions in the widest sense and meet the stakeholder’s aspirations and social expectations. Corporate Governance is a journey for constantly improving sustainable value creation and is an upward moving targe
TERMS OF APPOINTMENT OF INDEPENDENT DIRECTORS
Your appointment is subject to the following:
- 1. During your tenure as an Independent Director, you will have to submit a declaration at the beginning of every Financial Year under Section 149 (7) of the Companies Act, 2013 (“Act”) stating that you meet the criteria of Independence.
- 2. So long as you are an Independent Director of the Company, the number of companies in which you hold office as a Director or a chairman or committee member will not exceed the limit stipulated under the Act.
- 3. So long as you are an Independent Director of the Company, you will ensure that you do not get disqualified to act as a Director pursuant to the provisions of Section 164 of the Act.
- 4. You will ensure compliance with other provisions of the Act as applicable to you as an Independent Director.
Your Appointment is for a term of _____ years commencing from your date of appointment.
C. Code of Conduct and Duties and Responsibilities
1. You will abide by the guidelines of professional conduct, role, function and duties as an Independent Directors provided in Schedule IV of the Companies Act, 2013.
2. You will not hold office as a Director or any other office in a competing firm/entity.
3. You are expected to stay updated on how best to discharge your roles, responsibilities, and duties and liabilities, as an Independent Director of the Company under applicable law, including keeping abreast of current changes and trends in economic, political, social, financial, legal and corporate governance practices.
4. You are expected to:
- 1. take decisions objectively and solely in the interests of the Company;
- 2. facilitate Company’s adherence to high standards of ethics and corporate behavior;
- 3. guide the Board in monitoring the effectiveness of the Company’s governance practices and to recommend changes, required if any;
- 4. guide the Board in monitoring and managing potential conflicts of interest of Management, Board Members and Stakeholders, including misuse of corporate assets and abuse in related party transactions;
- 5. guide the Board in ensuring the integrity of the Company’s accounting and financial reporting systems, including the independent audit, and that appropriate systems of control are in place, in particular, systems for risk management, financial and operational control, and compliance with the law and relevant standards.
D. Payment of sitting fees and reimbursement of other incidental expenses
As may be fixed by the Board of Directors.
You will have access to confidential information, whether or not the information is marked or designated as “confidential” or “proprietary”, relating to the Company and its business.
You shall use reasonable efforts to keep confidential and to not disclose to any third party, such Confidential Information.
If any Confidential Information is required to be disclosed by you in response to any summons or in connection with any litigation, or in order to comply with any applicable law, order, regulation or ruling, then any such disclosure should be, to the extent possible, with the prior consent of the Board.