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Monday, October 24, 2011

LEGAL ACTIONS IN KSFC

PROCEDURE FOR LEGAL ACTIONS IN KSFC

Objective

Legal department in Head office is a centralized department mainly:

To act as a facilitator and interface with various departments of the Corporation in all the operational

Activities of the corporation namely legal inputs for appraisal and for recovery in case of default in

Repayment or beach of contract, safe custody of records, files and security of documents is ensured.

Scope:

Applicable to following legal activities:

Prima fade legal opinion required for project clearance.

Giving legal opinion sought by legal officers in HO and branch offices.

Supervision and control of library and record sections.

Responsibility

Service

Responsibility

Legal

DGM (Legal)

Procedure:

1. To obtain appropriate approvals from the components authority for taking legal actions by HOD of respective department and entered in respective registers.

2. The legal officers in department take appropriate actions to execute the directions.

3. HOD reviews results of legal action and takes appropriate further act ions.

4. Safe custody of records, files and security documents as per QSPLR -01.

Legal Officers in the relevant departments are responsible for taking appropriate action as applicable as follows:

Functions at Credits:

(Ref: QSP —CR-01, QSP-CR-02, QSP-CR-03)

Format of comprehensive check list (Indicating the particulars of the documents required for giving legal clearance).

Reminder letter if any.

Scrutiny report.

Data Sheet.

Legal Manual.


Functions at HP & FS Department:

(Ref: QSP-HP-01, 02 & QSP —MB-01)

Extending credit facilities by Hire purchase and financial service.

Ensure legal clearance.

Attending court cases.

Functions at Recovery/ Asset Reconstruction Department.

(Ref: QSP-RE-01)

1. Format of Sec. 29 notice(SCN)

2. Format of PG invoking notice.

3. Format of recaU notice! Section 30 Notice.

4. Proforma of Suit filed cases(MIS).

5. Suit filed register.

6. Second charge registers.

Functions at SUMD.

(Ref. QSP —SU-Ol)

1. Matters relating rehabilitation of sick units.

2. Legal documentation regarding RSR Package.

3. Attending court cases of the department.

Proforma of creation of charge with Legal Officers in the relevant departments are responsible for taking appropriate action as applicable as follows:

Records:

Records of safe custody of files and security documents.

Legal movement register.

Objective.

Legal departments in Head Office is a centralized department mainly.

i) To act as a facilitator and interface with various departments of the Corporation in all the operational activities of the Corporation,

ii) To supervise, regulate and control the legal functions among the various departments ! branches of the Corporation.

Present Structure of the Department:

The department is headed by Asst. Gen. Manager. It has three sections — one looking after legal functions, digitization cell and library and records. It has one Sr. Manager ( L) 2 DM (L) and DM(F & A), I DM (Lib/Rec) Assistant, clerk, defeards.

Job —Description of AGM(L):

1. Prima —fade clearance required for project clearance, approving the scrutiny of title deeds and documentation attended by the legal officers housed in Credit Department. MB & FS, ELF & HP in respect of financial assistance exceeding Rs. 50.00 lakhs.

2. Interacting, with the clients and guiding them to provide required documents I title deeds for speedy clearance.

3. Giving opinion in respect of clarification sought by legal officers in respect of the loan files in the Head Office.

4. Interaction with Bankers, other financial institutions and government agencies.

5. Supervision and control of Library and Records sections.

6. Other miscellaneous matters assigned from time to time.

Job Descriptions of AGM(L) BO Case.

1. All court cases pertaining to the branch offices other than Bangalore based branches files against the corporation and filling of cases! appeals by the Corporation. The work also includes getting necessary information from the Branches, filing of statement of objections and other applications for getting the stay vacated etc.

2. Co-ordinations with the Legal Advisors, and the Local counsel for follow-up.

3. Other routine work.

4. Attending Courts whenever required.

Job Descriptions of Manager (Legal)

1. Attending to court cases pertaining to all Branch Offices.

2. Drafting! vetting, pleading and attending courts whenever required.

3. Any other work assigned from time to time.

Job Descriptions of Dy. Manager (Lib)

1. Purchase, maintenance and retrieval of books.

2. Maintenance of circulars issued by Administration I EDs .1 MD.

3. Maintenance of record section.

Job Descriptions of DM.(Legal)

1. To assist AGM(Legal) in operational matters.

2. To attend to the work assigned by AGM(Legal) from time to time.

3. Other miscellaneous work pertaining to Legal Department.

Job Description of D.M.(P.S.)

1. Maintaining registers and files.

2. Upkeeping of office.

3. Other routine work.

Job Descriptions of D.M.(Leqal) — Digitisation Cell

1 Obtaining legal files with original document from records for digitization.

2. Returning the original document to records.

3. Furnishing periodical progress report on digitization to MD.

Job Descriptions of DM( F& A) Digitisation Cell

Scanning of legal documents, proceeding of board, E.C., MC. Etc. and circulars.

Job Descriptions of Assistant Manager- BO Cases

1. To maintain tile of the correspondence with the BO in respect of court cases information I statement of the Branches.

2. To maintain and attend files pertaining to MIS statement of all the branches.

3. Attending courts whenever required.

Job Descriptions of Assistant Manager (PA) BC Case.

1. To attend dictation and typing work of AGM(L) and Manager(L).

2. Secretarial work of AGM(L)

3. To maintain and file circular.

Job Descriptions of Assistant( Records).

1. Maintenance of legal documents and loan files.

2. Maintaining stock register of legal documents and loan files.

3. Issue and return of legal I loan files.

4. Maintenance of safety and secrecy of legal .1 loan documents.

5. Providing loan/legal documents files for immediate reference at records.

6. Identifying the files for destruction as per the norms set by the Board.

Job Descriptions of Assistant to AGM(L) BC Case.

1. Maintenance of court cases statistics.

2. Maintenance of disposed cases register.

3. Opening and monitoring of case files.

4. Compilation of MIS statements.

Job Descriptions of Assistant (Library)

1. Typing as and when assigned (Library and records) work,

2. Assistihg for issue of books! Magazines between 3 to 5 pm.

3. Publication Index work.

4. ISO Work.

5. Will lookafter all the work, correspondence etc.

6. Will lookafter books reviews appeared in various Newspapers, Magazines etc.

7. Giving Xerox copies of circular to the officers and other departments HO/ZO/BO/IA if required.

Job Descriptions of Stenographer

1. To attend dictation work of AGM (Legal) DM(L) ! LA & ALA.

2. Compilation of MIS statements.

3. Preparation of monthly reports.


Job Description of Clerk (Library)

1. Distribution of News papers and Magazines.

2. Maintenance of various registers.

3. Attending to visitors.

4. Maintaining of old news papers in order.

5. Maintenance of Annual Reports of SFC’s and llDC:s

6. Verification of library.

Job Descriptions of Sr. Driver- Digitization Cell

1. Obtaining and returning of documents from records section.

2. Assisting in scanning of documents.

Job Descriptions of Dafedar

1. To attend AGM(L) HO cases & 30 cases.

2. To attend Xerox work.

3. To attend L.A..

Job Description of Dafedar(Records)

1. Keeping back the files after receiving back.

2. Maintaining the cleanliness of records sections.

3. Getting Xerox copies whenever required by the officers.

Staff

A) Assistant General Manager (Legal) -AGM (L-1 )- HO CASES

-AGM (L-2)- BC CASES

Responsible for;

Legal matters pertaining to sanctions, disbursements and monitoring, recovery at the HO I BC under authority delegated from time to time. Provi.ding legal advise on all functions of KSFC as required

Advising the legal personnel working in various operational areas at HO & BOs

Information services (Library)

Effective implementation of the quality system in their functional areas including;

a. Document & Data Control

b. Control of Quality Records

c. Control of Non Conforming Products

Assistant General Manager (Information Technology) — AGM (IT) Responsible

for;

-Organizing for procurement, deployment and maintenance of hardware,

software and related equipment

He shall report to Dy, Gen. Manager (Controller)

Effective implementation of Quality System in his functional areas including the following;

a. Document & Data Control

b. Validation of Software deployed within the organization

c. Review of Quality Objectives

d. Control of Quality Records

Assistant General Manager (Sick Unit Monitoring Department) — 4GM (SUMD)

Responsible for;

Activities relating rehabilitation of sick units

Administering the rehabilitation package

He shall report to General Manager (AR)

Effective implementation of quality system in their functional areas including;-.

a. Document & Control

b. Control of Quality Records

c. Control of Non — conforming Products

d. Corrective & Preventive action

Assistant General Manager (Treasury) - AGM (TRY)

Responsible for,

Activities relating to treasury department

Review of interest structure

He shall report to Dy. Gen. Manager (Controller)

Effective implementation of quality system in their areas including

a. Document & Control

b. Control of Quality Records

c. Control of Non — conforming Products

d. Corrective & Preventive action

Assistant General Manager (HP & FS) — AGM (HP & FS)

Responsible for;

Handling the enquiry

Financial Services such as

Opening foreign Letter of Credit

Taking legal actions wherever necessary

He shall report to Dy. Gen. Manager (HP&FS)

Effective implementation of the quality system as applicable to their functional areas including

a. Document & Data Control

b. Control of Quality Records

c. Control of Non — conforming Products

d. Corrective & Preventive Review


Assistant General Manager (Management Information System)—AGM (MIS)

Responsible for;

Preparation of performance budget

Organising various periodical review meetings

Preparation of statistical reports

Assistant General Manager (Entrepreneurial Guidance) — AGM (EG)

Responsible for;

Counseling and providing guidance and assistance to entrepreneurs to enable them to avail the facilities offered by KSFC for their ventures

Handling over to appraisal

He shall report to General Manager (Credit)

Effective implementation of the Quality System in the respective functional areas including;

a. Document & Data Control

b. Control of Quality Records

c. Control of Non-conforming Products

d. Corrective & Preventive action

Assistant General Manager (Business Development and Credit Research) - AGM

(BD & CR)

Responsible for;

Providing information to management for formulating new policies or modifying existing policies

Identifying investment opportunities

Carrying out publicity and advertisement, including participation in exhibition

Carrying out promotional and development activities

He shall report to General Manager (Credit)

Effective implementation of the Quality System in their functional areas including:

a. Dourine & Data Control

b. Control of Quality Records

c. Control of Non-conforming Products

d. Corrective & Preventive action

I) Assistant General Manager (Section-29) — AGM (SEC - 29)

Responsible for;

Carrying out activity pertaining to scale of Sec.ton — 29 cases in respect of BOs (above Rs. 25.00 lakhs sanctioned cases)

All the matters connected to above activity

He shall report to Executive Director (F)

Effective implementation of the Quality System in their functional areas including:

a. Document & Control

b. Control of Quality Records

c. Control of Non — conforming Products

d. Corrective & Preventive action

Assistant General Manager(Assets Reconstruction ) — AGM(AR1 )IAGM (AR2)

Responsible for;

One Time Settlement proposals of BO

Handling of all DC and MR cases as entrusted by DGM(AR) I GM (AR)

Any other work assigned by DGM(AR) / GM(AR)

He shall report to DGM(AR)

Effective implementation of quality system in their functional areas including.

a. Document & Control

b. Control of Quality Records Control of Non conforming Products

d. Corrective & Preventive action

e. Quality Management Review

f. Review of Quality Objectives

Strengths and weakness of the corporation are determined by analyzing the internal factors that are within the organization.

Opportunities and Threats are the factors, which are determined by external environment . The Corporation has no control over it, hence it has to identify the opportunities available so as to overcomes its threats.

Strengths:

Government Organisation: The KSFC is a public sector unit established under the state financial corporation act by the Government . Hence has gained public confidence.

Widespread of Network:

KSFC has customers having its branches in all the important towns all over the state . S.o the public can easily access the corporation and avail the assistance that they need form KSFC.

Diversified Activities:

The corporation is not only dealing with lending business but also with activities like leasing hire purchases merchant banking etc.

Weakness:

Lending Acts: Lending acts of KSFC are not competitive with the prevailing market rates.

Opportunities:

Expansion: The corporation has got very good opportunities its activities in the area of lending procedures.

Threats:

Competitors: The tendency of lending operations of KSFC many face necessary trends in the market and because of the service competition prevailing in the market from other financial institutions.

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