Corporate Updates 11.08.2016

Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016

The Parliament passed the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016 empowering banks to confiscate security in the case of loan default. The bill approved amends four laws, that is, SARFAESI Act, DRT Act, Indian Stamp Act and Depositories Act. However, the same shall not apply to loans for agricultural land as well as student loans. The new law simplifies the procedure which ensures quick disposal of pending cases of banks and financial institutions by Debt Recovery Tribunal (DRT). Earlier, the Act provided that banks and financial institutions will be required to file cases in tribunals having jurisdiction over the defendant’s area of residence or business.  Now, the Bill allows banks to file cases in tribunals having jurisdiction over the area of bank branch where the debt is pending. The Bill further empowers the RBI to carry out audit and inspection of these companies.  The RBI may penalise a company if the company fails to comply with any directions issued by it. 
  
TRAI

Telecom Regulatory Authority of India (TRAI) released a Consultation Paper on reviewing the quality of network-related services. The paper seeks views on whether graded financial disincentives, based on performance, should be introduced and what shall be the quantum of such penalties for call drops, besides asking for feedback on setting separate parameters for 4G service quality. The consultation paper further aimed at tightening call quality norms besides standards for data services. TRAI has sought stakeholder views on several aspects of quality of service, including the appropriateness of calculating call drops rate through metadata analysis of call detail records, and calculation methods for such a benchmark and asked whether the call drop rate should be calculated at the base station or service area level.  Stakeholders are requested to submit their comments, to Shri U.K. Srivastava, Pr. Advisor (NSL) atpradvnsl@trai.gov.in by 26th August 2016 and counter comments by 2nd September 2016.

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