Introduction to the SARADA Act
The SARADA Act, or The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, is a legislative act in India. It enables banks and other financial organizations to auction properties when borrowers fail to repay their loans. It reduces the time span of loan settlements, allowing the financial institutions to maintain a healthy economy.
Underpinning Principles
The SARADA Act is based on two main principles:
- Lenders have the rights to realize security interest without the intervention of courts or tribunals.
- Borrowers’ rights are protected by a Central Registry, which prevents lenders from selling the borrower’s assets gratuitously.
Provisions of the Sarada Act
Key provisions of the act include:
- Allowing banks to take over the management of the borrower’s company.
- The ability for banks to appoint a manager to manage the borrower’s company.
- When borrowers default on their payment, banks can recover dues by selling or leasing the borrower’s assets.
- It permits the institution to send a notice to defaulters who fail to repay their loans within 60 days.
Case Study: Kingfisher Airlines
An illustrative example of the SARADA Act in action is the Kingfisher Airlines case. Owned by the reputed businessman Vijay Mallya, the airline was unable to pay back its loans and eventually went bankrupt. With the power of the SARADA Act, the banking consortium led by the State Bank of India was able to recover a part of their loans by selling off the company’s assets.
Impact of the SARADA Act
The SARADA Act is a significant tool for India’s financial sector, enabling a more efficient recovery of bad loans. According to Reserve Bank of India data, banks were able to recover INR 304.59 billion in the year 2018-19 through this act.
