Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
12. Power of Reserve
Bank to determine policy and issue directions.-
1.
If
the Reserve Bank is satisfied that in the public interest or to regulate
financial system of the country to its advantage or to prevent the affairs of
any securitisation company or reconstruction company from being conducted in a
manner detrimental to the interest of investors or in any manner prejudicial to
the interest of such securitisation company or reconstruction companay, it is
necessary or expedient so to do, it may determine the policy and give
directions to all or any securitisation company or reconstruction company in
matters relating to income recognition, accounting standards, making provisions
for bad and doubtful debts, capital adequacy based on risk weights for assets and
also relating to deployment of funds by the securitisation company or
reconstruction company, as the case may be, and such company shall be bound to
follow the policy so determined and the directions so issued.
2.
Without
prejudice to the generality of the power vested under sub-section (1), the
Reserve Bank may give directions to any securitisation company or
reconstruction company generally or to a class of securitisation companies or
reconstruction companies or to any securitisation company or reconstruction
company in particular as to-
a. the type of financial
asset of a bank or financial institution which can be acquired and procedure
for acquisition of such assets and valuation thereof;
b. the aggregate value
of financial assets which may be acquired by any securitisation company or
reconstruction company.