By Shakespeare Walla,
Microfinance Focus, July 28, 2011: Three editions of ‘the’ Bill to regulate microfinance in India have been scripted in 2006, 2007 and 2011. None have moved an inch from the Ministry of Finance, (Government of India) website, obviously forget being presented in the Parliament of India for ‘debate and decision’.
The latest 2011 Bill No. 3 gives a much needed temporary respite from the current MFI witch-hunt, however it appears to be drafted for this very purpose alone, its ends up too “ pro MFI” and hence may have to be a miracle for it to move a few inches from the website, forget being moved for debate and decision’.
Moreover given RBIs current role and bandwidth, don’t think the institutions would be very keen to regulate MFIs, especially given the large quantum of MFIs expected to mushroom under the new abysmally low minimum capital norms. NABARD eventually may, when proposed in the future Bill no. 4. Till then whatever little exists as regulation, is the best regulation.
“.. When fortune smiles on something as violent and ugly as revenge, it seems proof like no other that, not only does God exist, you’re doing his will…” Quote from Kill Bill
Nominate to Delegate: The RBI (i.e. RBI – Reserve Bank of India), like other central banks of the world is inundated with several important roles like monetary authority for India, exchange control, issue of currency, banker to the government, manage government securities, banker to other banks & such other important functions etc.
The 2011 Microfinance Bill proposes to make RBI (Yes, the same one with the same amount of work as in the above Para) the regulator for microfinance.
India aint West Africa where the central banks micromanage MFIs.
The drafters of the Bill know that getting RBI to regulate MFIs (under the new minimum capital norms) is impossible, if not difficult, hence they have provisioned for the RBI to delegate “The National Bank” for Agriculture and Rural Development i.e. NABARD (veteran institution for SHG Micro-Credit program, agriculture loans and rural finance in India) to regulate the sector, with ‘prior’ government approval.
Another approval towards this ‘prior’ government approval. Why not be real & inline with previous Microfinance Bill versions 2007, 2010 propose NABARD as the regulator.
Free Markets and Archaic Caps: The era of enjoying a 24%-60% APR range for MFIs is over. The commercial success of MFIs attracted other players and competition got intense, buyer’s got savvier, a little nudging by banks complemented by some soul searching and introspection, the rates descended to the enjoying, chewable, digestible 24%-34% APR range.
No magic wand, no legislation just good ol’ competition at work. The Bill proposes the regulator may impose certain limits on the interest rates and margins to be made. What is the need for rationing, quotas and caps when India is progressive steering away from them across all sectors. Let the markets determine the cost of the product (microcredit loan).
Constitutional Conflict: Money Lending is the item no. thirty in the State List of the Seventh Schedule of India’s Constitution which gives states jurisdiction over “money-lending and money-lenders” to control usury.
Amongst other rationale like dual regulation etc, MFIs argue that they do not ‘money lend’ but ‘lend money’ and hence do not qualify to be labelled as ‘money lenders’. Various cases (NBFC’s v/s State Governments) are pending across the three tiered court system of India. State Governments have argued for the need to control usury and usually won. They may be in no mood to relent when it comes to the Bill proposing to keep MFIs outside the ambit of money lending. Intuitively, I think the Hon. Court will be supreme and decide. Get ready for a long haul.
Minimum Capital: The 2011 Malegam Committee had proposed US$ 3 Million as the minimum capital for an MFI NBFC, the Bill proposes US$ 12,000 for an MFI. Come one, Come all.
From the current 1000 or so MFIs, India would have 100,000 or maybe more MFIs, which the Bill proposes RBI (Yes, the same one as in Para 1) to, manage. Maybe, NABARD would also think twice.
Let’s sum it; the bill gives a much needed temporary respite from the current MFI witch-hunt. Given the complex issue of state jurisdiction over ‘money lending”, the proposed new definition and resultant projected numbers of MFI, don’t think the central bank given its existing roles and bandwidth would be very keen to take up this task of also managing MFIs. NABARD eventually may, whenever proposed in Bill No. 4. Till then whatever little exists as regulation is the best regulation.
(Disclaimer: Shakespeare Walla is the author’s pen name. The opinions expressed are solely those of the author and do not necessarily represent opinion of Microfinance Focus. Microfinance Focus does not take any responsibility for correctness of the data presented by contributors.)
Author can be reached at shakespeare.walla@gmail.com