The central government has introduced a draft bill to address the growing problem of unregulated lending, following recommendations from the Reserve Bank of India’s Working Group on Digital Lending. The bill, known as the Banning of Unregulated Lending Activities (BULA), aims to safeguard borrowers from unauthorized lenders and curb illegal lending practices.
Definition Of Unregulated Lending
The bill defines unregulated lending as any loan provided outside the established legal framework, particularly focusing on loans offered by digital lending platforms that are not authorized by the relevant authorities.
Unauthorized lenders will face severe consequences under the bill. Penalties for such activities include prison terms of up to seven years, accompanied by fines ranging from Rupees 2 lakh to Rupees 1 crore. If lenders engage in coercive recovery tactics, the penalties are more stringent, with prison sentences extending from three to ten years, along with higher fines.
Investigation And Enforcement
The Central Bureau of Investigation (CBI) will be tasked with investigating cases involving large sums of money or issues spanning multiple states. This is designed to ensure thorough and efficient enforcement of the law, ensuring that those involved in unregulated lending are held accountable.
The bill aims to protect borrowers from unscrupulous lending practices by banning all unregulated lending activities, though loans to family members are excluded from the ban.
Growing Concerns About Fraudulent Lending
The rise of fraudulent lending practices, including aggressive recovery tactics and exorbitant interest rates, has caused significant distress to borrowers. In response, the government has removed over 2,200 dubious lending apps from the Google Play Store between September 2022 and August 2023.
Suggestions For Strengthening Lending System
Legal experts have proposed several measures to improve the lending landscape, such as creating a public registry of authorized lenders, securing systems to prevent data tampering, setting up a portal for reporting fraudulent practices, and initiating campaigns to promote financial literacy.
Stakeholder Feedback
Stakeholders have until February 13, 2025, to submit their feedback on the draft bill. Legal experts are hopeful that this proposed legislation will address the issues surrounding unregulated lending, reduce fraudulent practices, and foster greater transparency in the lending sector.
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