1. |
Duration of the scheme: |
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The scheme shall be operative from 1.4.2006 to 28.2.2007.( This shall also be applicable in the cases registered under the scheme after expiry of cut off date of registration i.e 30-12-2006) |
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2. |
Eligibility: |
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a) |
Deficit cases, written off cases, decreetal cases, irrespective of any cut off date of deficit amount / date of written off amount / date of decree. |
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b) |
Cases which have been earlier decided and the party consented to the decision of the committee prior to 1.4.03 but party could not adhere to the schedule of settlement package, with the condition that in any circumstances settlement amount would not be below / less than the settlement amount decided by the competent committee earlier. |
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c) |
Cases earlier registered but rejected / closed by the competent Authority/ committee or that were decided but party did not give his consent may be registered under the schemes subject to eligibility. |
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Note |
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All cases decided on or after 1.4.03 by the settlement committee and party consented to the settlement but payment could not be made as per schedule and now the party intends to get the case revived, than, case can be revived by BM as per Annexure ‘E' or extension in time has already been granted by the competent authority where case was decided on or after 1.4.03. |
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| d) |
The cases which have been registered upto 28.02.06 by the Branch Offices and have not yet been settled under the Settlement Scheme for the financial year 2005-06 may also be settled in the present scheme for the FY 2006-07, if those cases are also eligible under the present scheme. |
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3. |
Amount required for registration: |
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i) |
Registration of case & fees payable: |
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Registration fee shall be Rs.1000/-, irrespective of nature of the case / amount involved. All the cases shall be registered at Branch Level. |
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ii) |
Upfront amount: |
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15% of principal deficit amount / decreetal amount / written off amount shall be payable by the party at the time of registration of the case. |
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4. |
Competent Authority to decide the case : |
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i) |
Branch Manager : |
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Where principal deficit amount / decreetal amount / written off amount is upto Rs.5.00 lakh irrespective of sacrifice amount. |
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ii) |
DLC : (District level Empowered Settlement Committee): |
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Where principal deficit amount / decreetal amount / written off amount is more than Rs.5.00 lakh but upto Rs. 50.00 lakh irrespective of sacrifice amount. |
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iii) |
HOLC: |
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Where principal deficit amount / decreetal amount / written off amount is above Rs. 10.00 lakh irrespective of sacrifice amount. |
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iv) |
SLC: |
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Appeal of DLC and HOLC cases under this scheme can be made to SLC only with registration fee of Rs.1000/- and 15% of principal deficit amount / decreetal amount / written off amount as upfront amount. Appeal can be made within 30 days of the date of conveying the decision of the committee to the party. Beyond this period , no case shall be entertained as an appeal by the field offices, without prior approval of CMD. |
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5. |
Parameters to decide registered cases by the competent authority/ committee will be as per Annexure A, Annexure B, Annexure C, Annexure D and Annexure E. |
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6 |
Security : Criteria for calculation of value of primary assets / collateral security : |
i) |
While deciding the case by the competent authority as per powers delegated, value of primary assets wherever available shall be calculated as per existing guidelines. As far as value of collateral security is concerned, it shall be taken as per record which was mentioned at the time of sanction of loan so as to avoid further delay. |
ii) |
This is to clarify that while settling such cases, third party personal guarantee shall not be taken into account. |
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7 |
Payment by party: |
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Party may deposit whole settled amount in one go or the party may opt to make payment of settlement amount in not more than 12 monthly installments from the date of settlement. Interest @ 13% p.a. shall be payable on the unpaid amount from 1st day of next month falling from the date of settlement. |
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8. |
Appeal: |
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No appeal will be entertained in the cases where promoter/ guarantor is not ready to pay even principal deficit amount/ decreetal amount/ written off amount plus other money plus 5% recovery charges ( where action u/s 32G has been initiated and proposal has been forwarded by DGM( R) to Collector concerned.) |
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9 |
CMD may taken decision in case of any difficulty in implementation/ interpretation of the scheme. |
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10 |
Deficit / Decreetal / Written off cases registered after 28.2.06 with the approval of CMD are to be considered under the said scheme. |
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