Disinvestment is another term for privatisation, an often-controversial topic both inside and outside government.  There is an increasing need for awareness of the basic issues involved in the privatisation process and the Department of Disinvestment seeks to answer some of them through this document.

 

What is privatisation?

 

Privatisation means transferring the control of an enterprise from the government sector to the private sector. It can be accomplished by sale or lease. It can be accomplished by the government selling 100% of an enterprise, or selling 51%, or even by selling a minority stake - so long as the private sector is given full managerial control. The government can raise money by selling some shares in state enterprises without transferring control to the private sector -but this is not privatisation as such .

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What does privatisation accomplish?

 

Privatisation is the best way to revive and rebuild weakened, public-sector enterprises. Privatisation:

 

·        Stops loss-making public sector units from adding to government debt and draining the government budget through subsidies;

·        Raises money for government by sale of public sector units;

·        Depoliticises public sector units, removing governmental pressures for over-manning and the sub-optimal use of resources;

·        Gives new owners a strong incentive to turn failing public sector units into successful businesses;

·        Gives those businesses access to investment capital that government cannot provide;

·        Raises more money for government through taxing the privatised public sector units;

· Expands an enterprise and an industry, in the long run creating more jobs and generating wealth for the country and its government;

· Provides a better working environment and benefits to the employees;

· Productivity improves adding value to the industry and the economy.

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How do we know it works?

Privatisation is nothing new. In the World Development report, 1991, one comes across an interesting excerpt from a 14th century Arabic Treatise which mentions: “Commercial activity on the part of the ruler is harmful to his subjects and ruinous to the tax revenue…(it) crowds out competitors; dictates prices for materials and products which could lead to the financial ruin of many businesses.” However, privatisation has gathered momentum the world over in the last 20 years - with a proven success record in more than 150 countries. The global wave of privatisation started in the United Kingdom in 1979: today their privatisation programme has already generated over $100 billion in revenue from the sale of major state enterprises. And it has helped customers by providing better and less costly goods and services.

In the past 20 years, globally, more than one trillion US dollars in government assets have been transferred to the private sector. Experts worldwide credit privatisation with reducing government debt and rebuilding both large and small industries, turning them from loss-makers into profitable, tax-paying enterprises.

In terms of speed and overall achievement, one of the world's most impressive privatisation programmes must be The Treuhandanstalt, the German privatisation agency set up specifically to handle the reform of the East German economy after unification. It succeeded in privatising some 13,600 enterprises over about three years in the early 1990s. This is an impressive record which shows how much can be done with efficient organisation and political will.

 
One reason for the Treuhandanstalt's speed was the ready supply of qualified West German companies prepared to bid for their East German counterparts. In that sense conditions for Indian privatisation are similar, given the size and experience of India's private sector. However there were also conditions unique to Germany. Many East German enterprises were so antiquated and run down that the Treuhandanstalt had to pay subsidies to companies in order that they would agree to take over and rehabilitate the privatised firms. The entire exercise cost billions of Deutschmarks. Here in India, while many of our PSUs are inefficient, out-dated and likely to fetch low prices, they will find private sector buyers willing to rehabilitate them without government subsidies being required.
 

Sometimes experts argue over the best way to privatise, but virtually all of them agree that privatisation works, and is an economic necessity for most countries.  

The most recent worldwide survey sponsored by the World Bank, by Megginson and Netter in 2001, confirms that:

·        · '…privately owned firms are more efficient & more profitable than…state owned firms…'

·        · '...divested firms almost always become more efficient, more profitable, increase their capital investment spending and become financially healthier.'

Comparisons between P/E (price-earnings) ratios of state-owned Indian major firms and privatised major firms from around the world are instructive, demonstrating that privatised enterprises generally perform better than comparable state enterprises.

   

P/E Ratios of Major Oil Companies
 

Petronas Gas of Malaysia          11.5

Seoul CG of South Korea         10.2

IOC     (India)                            4.9

BPCL  (India)                             5.7

 

P/E Ratios of Major Telecoms Firms

Telecom Malaysia                      46

British Telecom                          43

VSNL  (India)                             6

 Equally striking are the comparisons between P/E ratios for public versus private sector firms in India.  In the vast majority of cases the private sector outperforms the public sector. The following table brings this out quite clearly.

 

Public sector

Private sector

IDBI

2.7

ICICI

7

GAIL

4.4

Gujarat Gas

15.8

BHEL

7.5

ABB

24.3

IPCL

8.6

RIL

15.1

IBP

15.7

Castrol

24.2

 
The comparative valuation in the case of the BALCO deal also brings this out very clearly as the following table shows.
 

Name of Company

PCF

PER

EV /EBITDA

NALCO

4.3

6.6

4.2

HINDALCO

8.1

9.9

6.3

INDAL

6.3

10.5

8.4

Mean

6.2

9.0

6.3

BALCO (Bid)

11.5

19.4

8.9

 
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Where does privatisation work worldwide?
 
Privatisation brought the United Kingdom from near bankruptcy in 1979 to its re-emergence as a world economic leader. Privatisation brought similar benefits to the vast majority of countries ranging from Eastern Europe to Africa to South Asia and South America. Fewer than a dozen countries have avoided privatisation such as Myanmar, North Korea and Cuba -- countries facing a bleak economic future.
 

Privatisation works in rich countries like Britain and Saudi Arabia. It works in poorer countries like Tanzania and Sri Lanka. It works in the 'North,' in Poland and Germany, and in the 'South' in Malaysia, Zambia and Bangladesh. It works in so-called 'socialist countries' like China, and so-called 'capitalist' countries like Singapore. Location or relative wealth, or literacy, or infrastructure, do not matter. In most countries and in most sectors privatisation works well, and the performance of privatised companies improves after sale. Privatisation is clearly a worldwide success-story. There may have been some failures in some countries due to poor implementation. But such instances are exceptions to the rule.

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What is wrong if things continue as they are now?

 
The Central Government, and many state governments, already face debt crisis, resources are scarce and PSUs are losing money we cannot afford. Carrying on as inefficiently as before is simply no longer an option.
 
Government cannot continue pumping in more tax-payers' money indefinitely when Indian families have urgent needs like water, schools, roads and medicine. Experience shows that the longer one waits before privatising a state enterprise the worse it gets and the more subsidies it needs. Since 1992-93 the Central Government has pumped in Rs. 34,104 crores in the name of revival/restructuring of PSUs. And they remain where they were. Six attempts were made to revive HEC but it still made a loss of more than Rs.1000 crores in 1999-2000.Similar is the story with IDPL, HSCL, Jessop, Hindustan Shipyard, MAMC and so on. Tables in Appendix 1 & 2 illustrate this point.
 
There is no point in throwing good money after bad. This wanton waste of the tax-payers' money has to stop! Privatisation will end the waste of money in subsidies and let these companies succeed in the private sector. Then government can redirect the savings to the sectors and causes that need it most.
 
Several PSUs are already sick, and their condition is deteriorating by the day. Out of a total of 241 PSUs, 116 are loss making, and 87 are already sick. Since payments are often held up, workers suffer delays in payment and they might even lose jobs, apart from the demoralisation arising out of sitting idle. Without privatisation, things can only go from bad to worse and the Government's problems will increase. Sick PSUs are a sticky problem for our political leadership, and the sooner we deal with it the better it is.

Moreover, fewer than two percent of India's workforce is employed by PSUs. This means that more than 98 percent of Indian workers - and 100 percent of Indian taxpayers and consumers - are penalised by PSU losses and PSU underperformance. Here, in the world's largest democracy, it is not correct that so many are made to suffer on behalf of so few.

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Why not protect PSEs from competition?

 
Protectionism may help for a limited period, but in the longer term it has broad negative effects on the economy as a whole - most notably on the consumer. Every time that government bans an imported good, or puts a tax on an imported good to make it more expensive, it encourages inefficiency in one sector or another.
 
If we create special taxes for foreign sugar, or foreign cloth, or foreign toys, we make Indian consumers pay more, and make Indian consumers subsidise the inefficiency of domestic companies that are not working as efficiently as they could. If you try that for one commodity, you penalise people who consume that commodity. If you try it across all the commodities made in India, you can be certain that Indian consumers will pay far too much for inferior goods and the country as a whole will grow poorer and poorer without the improving effect of competition.
 
India's industries need to learn to compete. Since liberalisation accelerated in the 1990s India's finished garment industries, IT services and other products are appreciated the world over for quality, efficiency and their competitive prices. Globalisation reforms, such as those under the aegis of the World Trade Organisation, are designed to lower foreign tariffs. These were originally designed to protect inefficient producers in rich countries from what they called 'unfair' Indian competition - in other words Indian efficiency. So where our productivity is strong, the new global trade rules will let us conquer foreign markets. Where our productivity is weak, we need to invest more, work harder, and become more efficient at what we do.
 

Protectionism will stifle the global competitiveness of India's industries and threaten our ability to compete with neighbours such as China. In fact, with the new WTO regime the Government will be severely restricted in its ability to artificially protect any industry from competition at the expense of consumers.

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 Why are our PSUs in trouble? 

India's public sector units suffer problems for a variety of reasons, and they vary from public sector unit to public sector unit. But in general:
 
·        · Many are over-manned. Politicians and civil servants urged public sector units to hire more people than needed, creating unrealistic and unsustainable jobs at the expense of the taxpayers;
·        · Many are under-managed. Government is less good than businessmen at ensuring efficiency, thwarting petty theft, and generally running a business properly;
·        · Many are under-capitalised. Our cash-poor government lacks money to buy new equipment and retrain workers, so public sector units often cannot compete against goods or services provided by private enterprise;
·        · Some were wrongly conceived, badly designed and should never have been built in the first place;
·        · Some of the PSUs enjoyed a monopoly position and hence could do relatively well financially without performing efficiently. But when their monopoly position ends, it would be difficult for them to stand up to global competition;
·        · Slow decision making processes;
·        · Very little accountability at almost all levels. No sense of belonging;
·        · Low motivation amongst managers and workers chiefly due to poor incentives, bureaucratically slow promotion schedules, little reward for hard work and productivity, and delayed punishments for lapse and poor productivity.
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Will privatisation make PSUs profitable?

 
Almost always, yes. When government privatises, it scrutinises prospective buyers to make sure that they have the money and the skills to run the business successfully. Government is more interested in seeing a public sector unit survive and grow, than in the amount of money paid by the buyers. Government wants to ensure that well-financed buyers have the skill, financing and incentives to make a public sector unit grow. So for the vast number of public sector units, here and around the world, privatisation has led to increased economic strength. In the rare cases where a public sector unit had fundamental design flaws, new owners can often use the public sector unit's resources to shift into a new, different and profitable business.
 

And in the even rarer cases where privatised enterprises fail, the government at least achieved the objective of stopping costly subsidies and slowing the growth of national debt.

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Where has privatisation worked in India?

 
While India is in the initial stages of privatisation, there are already some significant successes.
 
The Central Government has privatised three PSUs since January 2000, and already these firms are benefiting from increased investment capital, new incentives for productivity and private sector management systems.
 
Many of India’s states have successfully privatised their own PSEs. These range from power-sector divestitures to manufacturing plants, mines and automobile factories, to smaller concerns like spinning mills and agricultural projects.
 

Where these enterprises were loss-making, the risks have been shouldered by private investors, saving governments from mounting liabilities that they can no longer afford. Even where PSEs were profit-making, privatisation has opened the doors to investment and potential expansion that would never have been possible under government ownership.

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Where has it worked for the Central Government?

 
India’s Central Government has privatised three firms since January 2000:
 
·        Lagan Jute Machinery Company Limited (LJMC), a Calcutta-based manufacturer of jute machinery. A former private-sector company nationalised in 1977, as a public-sector enterprise LJMC employed 400 workers in the only Indian company supplying jute machinery to West Bengal’s jute industry employing more than ten lakh workers. The company made losses beginning in 1996, and in 1997 a 74% stake was sold to a strategic partner from West Bengal. In nine months as a privatised company it made 40 lakhs profit, and production went up from one or two machines per month to five or six per month. No workers have been retrenched, and retirees are now being replaced with higher qualified technicians;
 
·        Modern Food Industries (India) Limited (MFIL), a bakery spread over 13 locations in India, employing more than 2000 people directly and several thousand more associated as franchisees and retailers. Prior to last year, MFIL generated losses and sales were steadily declining. In January 2000, 74% was transferred to Hindustan-Lever, a company with track record of more than 20 acquisitions and mergers in India. By December 2000, new products were introduced, sales almost doubled and no workers were retrenched;
 
·        Bharat Aluminium Company Ltd (BALCO), based at Korba in Chattisgarh, is a fully-integrated aluminium producing company with its own mines, refinery, smelter, power-plant and downstream fabrication facilities. It employs around 7000 people. Due to its 1960s-era technology, profits began to decline coupled with increasing production costs and a shortage of investment capital. It was privatised in March 2001, with a 51% stake sold to Sterlite Industries. No workers were retrenched and VRS scheme has been kept open as requested by the trade unions. The new owner recently announced major expansion plans which will generate additional jobs.
 

In each of these three cases, the companies are benefiting from investment capital that government could never have afforded. In each case employment has remained consistent or improved. In two cases, loss-making tax-eaters have become profit-making tax-payers. In the third case, BALCO, a profit-maker looks poised to become more efficient, more productive and more profitable for owners and government alike.

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Where has it worked in India’s states?

 Short of cash and eager to promote economic growth, a significant number of Indian States are turning to privatisation, including Orissa, Andhra Pradesh, Madhya Pradesh, Gujarat, Uttar Pradesh, West Bengal, and Maharashtra. Elsewhere, including the North-Eastern States, PSE units have been targeted for future disinvestment. Some already successful examples include:
 
·        Power-sector privatisation in Orissa, (AES and BSES);
·        Automotive manufacturing in Andhra Pradesh (Mahindra-Mahindra Ltd);
·        13 electronic units (of  Webel Ltd) in West Bengal;
·        A profitable charge-chrome factory in Orissa (to Tata);
·        Two corporations in Madhya Pradesh in the telecom sector ?(NITEL sold to RPG, and part of  OPTEL to Fujitsu);
·        Major lift-irrigation schemes in Andhra Pradesh privatised to farmers;
·        Allwyn Refrigerators in Andhra Pradesh (sold to Voltas);
·        Mangalore Chemicals & Fertilisers in Karnataka (sold to UB Group);
·        Vikrant Tyres, in Karnataka (sold to Shriram Group);
·        Tamil Nadu Newsprint & Papers Ltd, in Tamil Nadu;
 
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How well does it works?
 
Many state governments have been forced to close and liquidate loss-making PSEs, so any privatisation that avoids closure is a success in itself. The total of 116 loss-making PSEs have saddled our Central Government with an accumulated loss amounting to Rs.52,551 crores. The same has happened to cash-poor state governments: Andhra Pradesh’s PSEs have added Rs.1894 crores to state debt; Rs.2314 crores in Assam, Rs.1044 crores in Orissa, Rs 2913 crores in Uttar Pradesh, and Rs.3382 crores in West Bengal. So privatisation cuts government losses and avoids closing down loss-making enterprises, averting a 100% loss of jobs and productivity.
 
Secondly, besides transferring losses, costs and risks to private investors, privatisation provides plenty of success stories where investment and private-sector management give workers, unions, managers and owners the means and the motivation to cooperate and succeed.
 
In AP the former Mahindra-Nissan LC vehicle factory in Zahirabad was privatised in the 1990s, becoming Mahindra-Mahindra. Under government management it lost money and only produced four or five vehicles per day. After privatisation it now produces more than 50 vehicles a day, and its turnover has increased from Rs 60 crores per year before privatisation to more than Rs 240 crores now. Government did not have the resources to invest enough to let the company grow – only the private sector could do that.
 

At Mahindra-Mahindra salaries have increased by 150%, and workers are given training to keep upgrading their skills. Bonuses are commonplace and particularly hard-working and capable workers are sometimes given two promotions at once – there are no government-style waiting periods because the private sector bases its promotions on efficiency. Unions, management and workers collaborate closely, because they each know that more efficiency equals higher profits, allowing the company to pay more and provide better conditions for its workforce. Privatisation means cooperation, and everyone shares in the improvements that they make together.

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Is private ownership better than government ownership?

 The private sector cannot – and should not -- replace government in all cases. Government will always have a crucial role to play, especially in public utilities where it must serve as referee regulating prices and ensuring quality service and contract compliance.
 
But in many cases, government can no longer afford to provide the services and build the infrastructure than modern India demands. There the private sector has the money, the expertise and the managerial motivation that government lacks. There India needs its private-sector partners to help get the job done. There we need privatisation.
 
Where there are monopolies, like utilities, government involvement is essential. Government activism is less required in non-core sectors where intense private-sector competition already serves consumers well, making government participation less necessary – sectors like restaurants, hotels, garment manufacturers, etc. There India’s thriving market economy does more to empower consumers than government can ever hope to accomplish. And why should Indian taxpayers subsidise less-efficient, government-owned hotels, for example, when the private sector does it so well already?
 
Companies like Air India are prime candidates for disinvestment. While AI provides good, safe service, its fleet is old and neither Air India nor the government can afford to replace the necessary aircraft. Only private investors have the money to do the job properly. So if we fail to disinvest Air India, we condemn a responsible, hard-working airline to a slow, lingering death, strangled by competition  from 52 international airlines operating in India, and hand over to such airlines more Indian traffic. We also force safety-minded AI technicians to struggle with older and older planes, effectively making them take risks with their passengers and crews or ground unsafe aircraft and miss scheduled flights. That is unfair to Air India professionals and to their customers alike.
 
Our national carrier needs to be a source of national pride, and that is more important than whether the private sector or the public sector controls the largest share. In the mid 1980s the UK’s once-famous British Airways had become a national embarrassment with poor customer service, bad scheduling and an ageing fleet of planes. It was disinvested and returned to its former position as one of the world’s foremost airlines. Now it is a brand name that promotes British services and products far beyond the air transport sector. A disinvested and improved Air India can do the same, enhancing India’s prestige at home and abroad.
 

Across the board, our profitable PSEs should be the first targets for disinvestment rather than the last. After all, if they can turn even a modest profit suffering from government mismanagement and chronic under-investment, think how profitable they could become in private sector hands. That would mean more taxes to support government, and more jobs as the businesses expanded. Just because a PSE looks healthy does not mean that it cannot grow even bigger, healthier and more profitable.

 

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How does privatisation change enterprises?

 Ultimately, privatisation gives new life to an ailing public sector enterprise, or allows an already profitable PSE to become even faster, bigger and stronger. But initially, privatisation tackles three major problems of PSEs -- incentives, priorities and access.
 
·        Few government employees worry about economising when they spend government money, but everyone worries about spending his or her own private money. So private owners and their employees have a stronger incentive to make their own enterprise succeed;
 
·        Civil servants’ top concerns are, working according to the orders of the elected leaders, avoiding disagreements with the unions and other stake holders, and other concerns which are paramount in government. Add to that office of the Comptroller and Auditor General of India and Central Vigilance Commission and their observations/orders/dictates, - thus trying to swim, tied hand and foot! But these are not the main priorities of business, which are cost-efficiency, competition, and satisfying the customers. So, compared to private businesses, public sector units often suffer from interference or neglect. For private owners, the economic success of their enterprise is their top priority;
 

How will privatisation improve our national economy?

 
Privatisation can make poor economies richer, increasing development far beyond the immediate sectors being privatised. Basically,
 
·        It reduces the economically-crippling government debt;
·        It turns loss-making, tax-eating public sector units into profitable, tax-paying businesses, giving government more money to spend on infrastructure, schools and clinics, etc.;
·        It provides goods and services more efficiently than under government management, generally resulting in better service and lower prices to consumers;
·        It expands the scope of services with its access to investment capital, so that electricity, telecommunications and other necessities are available to more people;
·        It makes better-trained young employees, building up a national talent-pool which will help attract more investment to India in many new and different sectors;
·        It often spreads share-ownership, letting more and more ordinary families share in corporate profits and build their own wealth;

·        It convinces potential investors that India is a good place in which to invest their money, creating newer and bigger industries and more jobs.

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Can government reform PSEs without privatisation?

 
Sometimes people say that PSEs merely need more government willpower, and that refinancing or restructuring plans can make under-performers efficient. Unfortunately for them, all the evidence suggests that changing ownership is what makes privatisation work. 
 
In the last 9 years about Rs 34,000 crores have been spent on reviving 23 firms, and not one firm has revived. Why? It has to do with ownership and the incentives created by ownership. Ultimately, you care about your property and so you take care of it, while government property is often either neglected or run on political concerns rather than serving consumers efficiently. Private ownership is the most important step.
 
While some people put their hopes in restructuring, all these steps are meant to be taken by governments which have already proven themselves incapable of running businesses well. And most restructuring schemes are reversible or avoidable under political and bureaucratic pressures. So they almost always fail.
 

Over 50 years, all over the world, governments have tried everything from incentives to bribes to threats to have better public sector governance and nothing worked. They tried communism, fascism, command economies, mixed economies and everything else to successfully run business. Government cannot run businesses in any political system as effectively as the private sector does, especially in the emerging post WTO global and highly competitive scenario. So it is asking too much of any government to succeed where the rest of the world has failed.

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But aren’t economic realities different in India?

 
Political realities may differ from place to place unless voters say otherwise, but economic reality is surprisingly consistent everywhere. In India, governments have tried to rescue ailing PSEs by a variety of strategies including: conversions of losses in interest free loans or equity; moratoriums of payment of all loans; interest holidays; tax holidays; debt write-offs; interest write-offs; new loans; management performance contracts, mergers and organisational restructuring; subsidies (direct and hidden); free power, etc. They did not work.
 
For example, attempts were made to rehabilitate Mining and Allied Machinery Corporation (1973, 1976, 1980, 1986 etc) and over Rs 134 crores of liabilities were waived or fresh funds were infused.  By mid-1999, its accumulated losses stood at Rs 897 crores and rising. Efforts to rehabilitate Hindustan Steel Works Construction Ltd. between 1997-99 cost Rs.975 crores in waivers and new fund infusions.  By end of the exercise its accumulated losses stood at Rs 1383 crores. 
 
Very often, restructuring plans are half-hearted, and there is never a final decision on to how much restructuring is actually needed or when attempts should be stopped.
 
The pattern is the same throughout the public sector in India.  Restructuring is expensive and it hasn’t worked.  In implementing India’s privatisation programme, we realise that new owners are the best people to consider major restructuring initiatives such as technology changes, capital investment and major purchases.
 
 
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Could better labour relations save our PSEs?

 
The problem of poor performance is not due to poor relations between workers and managers, though there are often disputes in public sector units.
 
The problem is a lack of both proper incentives and access to investment capital. Government does not have the crores needed to turn around the ailing public sector units – and workers and managers certainly do not have that volume of money. And public sector workers and managers lack the needed incentives to make themselves more efficient. When a public sector unit loses money it is never a worker’s problem, never a manager’s problem, only ‘the government’s problem.’
 
But when an investor has put his savings into a privatised company, he has every reason to make it succeed, even if he has to invest more money bringing in better machines and retraining his employees. Private sector managers have a real incentive to build strong, productive and cooperative relationships with workers and unions – because all those groups stand to benefit from increased efficiency and profitability.
 
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Can we sell PSEs to workers?

 
Worker buy-outs generally fail. First of all, workers rarely own or can borrow sufficient money to buy the enterprise, much less to replace antiquated machinery. And they tend to be inexperienced in those areas in which businessmen specialise – borrowing money, issuing shares, investing in new equipment and marketing their products. Entrepreneurship is an unusual and demanding skill, and most people do not have that skill or experience. So turning a company over to its workforce is often the cruellest strategy, because then the company dies a slow, lingering death as workers struggle to do something beyond their capabilities.
 
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Does India need more privatisation?

 
Yes.  As mentioned earlier, the Central Government owns 241 PSUs, which have accumulated losses of Rs.52,551  crores – losses that India can no longer afford.

Moreover, if you consider Indian citizens as ‘shareholders’ in India’s Central Government, they are getting a very poor return on their ‘investment.’ Private sector companies tend to earn an average of  15-20 percent on the value of their enterprise. Meanwhile, government’s PSEs only earn 5-7%, which is less than what government would have earned had it put the equivalent capital into a savings account in a bank.

 
If you compare performance including tax burdens, government’s ‘shareholders’ get an even worse deal. Indian citizens need public services and public services need taxes – privatisation will turn loss-makers and under-performers into tax-paying companies that bear their fair share of Indian social responsibilities.

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Which PSUs should be privatised?

 
Some 58 Central Government PSUs are scheduled for privatisation, and each operates in a sector where there are already successful private sector firms. Why should government spend its scarce money on goods and services already provided by the private sector?
 
·        Why should your tax-money be taken away from you, and invested in NALCO when similar, private companies such as Hindalco are active in the aluminium sector and pay taxes to the Government?
 
·        Why should government-owned finance companies such as SBI Caps and UTI continue to generate P/E ratios of 6 and 5 when their competitors in the private sector such as HDFC generate a ratio of 30?
 
·        Why should a government-owned gas company like GAIL generate P/E ratios of 4.4 when private sector operators such as Gujarat Gas consistently have P/E ratios of 15?
 
Our government should stop trying to compete with the private sector. Let our businessmen and businesswomen excel at providing goods and services, and let government focus its attentions on governing, regulating monopolies and increasing competition.
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Aren’t PSEs worth subsidising for their social objectives alone?
 
First, where the private sector already does a job as good or better than government can, there is no reason for taxpayers to subsidise PSEs. Then, where there is a government monopoly competition can often be introduced. An example is telecoms, where only a few years ago it seemed like a monopoly and now new technologies allow for competing mobile telephone providers, Internet providers, long-distance services, etc., and even basic telephony.
 
Very few PSE objectives are not and cannot be provided better and cheaper by the private sector. Finally there are only a few cases of natural monopolies, such as the provision of piped water. There government can still create elements of competition, such as parallel competition where the track record of one regional private provider is compared to another in a neighbouring region. But in cases of natural monopolies there is always a need for a strong government regulatory body.
  
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But don’t private companies sometimes lose money?

 
Yes, but not often and rarely for long. More than half of all PSEs are loss-makers – hardly any private companies lose money for long. And when private companies do lose money, private investors bear the burden, not taxpayers. Hoping to avoid losses, private owners have a real incentive to do everything possible to achieve success, while in government-owned enterprises losses pile up year by year.
 

Economists tell us that profit is the reward for risk, so in hope of profit investors are prepared to risk their savings and their time and effort. Usually that is incentive enough to make sure that they succeed. But if they fail, government and taxpayers do not suffer. Today, when PSEs lose money, taxpayers ultimately pay the bill – year after year.

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Why privatise profitable PSUs?
 
If a PSU can suffer from all the mis-incentives, under-capitalisation and other problems caused by government ownership, and still make a small profit, once all those impediments are removed it will perform even better than before.
 
And a profitable PSU is more attractive to potential investors than a sick unit. Investors look at a profitable PSU and can immediately see ways to make it work even better than before, and often to increase production while lowering costs. That benefits government by bringing in money, and it benefits consumers as the company grows even more efficient than before.
 
Privatisation works for profit-making and loss-making public sector units alike. Governments privatise profit-making public sector units for three reasons:
 
·        Governments get money from the sale of the public sector unit that they can better use elsewhere, retiring debt or building infrastructure or in the social sector;
·        Profit-making public sector units, once privatised, tend to grow even bigger with increased access to investment and skills. This increases employment and boosts tax revenues for government;
·        Growing larger and more efficient, the privatised enterprise can often provide goods and services at even lower costs than before.
 
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Does privatisation create or destroy jobs?

 
Look at the Central Government’s first three privatisations – in each case employment remained secure or is scheduled to increase. There have been no jobs lost so far in these three privatised PSUs  whereas, without privatisation, PSU employment has come down from 2.3 million to 1.7 million, over a decade. 
 
International experts have studied privatisation around the world and in the vast majority of cases employment increased – not decreased. This is not hard to understand – think how long you wait for a new phone line or a new electrical connection. And think how many of India’s 200 million families have the same problems. India has great demand for good services at affordable prices, so there is plenty of room for industrial expansion and that will require competent, hard-working competitive people.
 
Sometimes, when public sector units are dramatically over-staffed, there is a short-term reduction in employment. That is only natural, since the enterprise needs to become efficient and profitable before it can start growing. But private-sector owners have invested their own money in their enterprise, and they have strong incentives to make it grow.
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Are we privatising under pressure from foreign institutions?

 
The foreign ‘hand’ is not a new refrain from groups opposed to the development of India. There is no reason whatsoever for any foreign institution to prescribe privatisations for us. The decision is entirely ours, and we need to adjudge the vast long-term benefits from privatisation and decide prudently.
 
Privatisation has worked so well, in so many countries, that we would be foolish not to participate in this highly successful economic strategy. It has worked in Africa and is working in South Asia and India is lagging behind countries such as Sri Lanka and Malaysia. It is time to catch up or be left behind.
 
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Will privatisation mean selling Indian industries to foreigners?

 
So far, in the three Central Government privatisation, all three strategic investors are Indian firms. Even so, there is no need for worry. When a foreigner invests in India, his company comes under Indian laws, made by the Indian government, elected by Indian voters. He employs Indian workers and pays taxes to the Government of India.  He brings new investment and new technology to India to the benefit of the economy as a whole.
 
He cannot, even physically, uproot a factory or a hotel or a water pipeline and haul it overseas. When an investor selects a foreign location as a home for his money, he embarks on a lifelong partnership which benefits both himself and the place in which he invests. That is why we need to make India attractive to potential investors. They are our partners in the growth of our economy.
 
In the rest of the world, governments compete fiercely for limited foreign investment.  The same is true in India as state governments fight for investment.  The long running rivalry between Karnataka and AP to attract international IT firms is a good example of this.  But India as a whole continues to lose out to competing economies like China which has received well over 10 times the foreign direct investment of India, every year and over the last decade.
 
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Won’t foreigners take our jobs?

 
No. Even if a public sector unit is sold to foreign investors, they often temporarily bring in a handful of technical experts to help revitalise that industry. And at the same time they train local people to replace those foreign experts as soon as possible. This makes economic sense for the owners, since it is less costly to hire a locally-based expert than to bring one in from abroad. Since India is renowned for highly-skilled, competitively-priced labour, foreign investors are more likely to move Indian personnel abroad than to bring expensive foreign labour here.
 
And when very large companies invest in India, Indian employees move up the corporate ladder and find that their skills are needed in other countries too. Take one look at the salaries commanded by top Indian IT experts in California – foreign workers have more reason to be scared of us than we have to be scared of them!

 

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Can we protect consumers from capitalists?

 Of course! Government has a very real responsibility to act as a referee, protecting both the consumer and the investor, especially regarding utilities.
 
Generally, competition removes most of the need for consumer protection. Tens of thousands of people sell shoes or paan or biscuits, so if we don’t like one product we can shift to another. In these cases, the government has labour laws and tax laws and food inspectors, all of which are important. But mostly, every time we spend a rupee we vote in an economic election, and the companies that please us most tend to win.
 

It is different with utilities. We can hardly have ten competing electrical lines and ten sets of water-pipes connected to every house and office. So here, in particular, government needs to act as a referee. Government needs to protect the utility’s consumer from unwarranted price increases, and to make sure that the investor uses some of his profits to expand services as promised in his contract. But government also needs to protect the investor, ensuring that the government fulfils its own side of the bargain. Everywhere in the world governments that have privatised utilities make sure that this job is undertaken by a special regulatory office with the full power and authority to protect consumers and investors alike.

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What is government’s role after privatisation?

 
In the case of utilities, government remains involved forever, with its regulator ensuring fair-play for both consumers and investors.
 
In the case of other public sector units, after privatisation they are governed by the same state and national laws and regulations affecting similar businesses throughout India. So the Department of Disinvestment’s responsibilities end after a public sector unit is privatised, but once the public sector unit becomes a private company, it operates under the same labour laws, tax laws, environmental regulations, etc., as any other private firm.
 
  
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How does the privatisation procedure ensure transparency?

 
Transparency is crucial to the success of our programme and the Central Government uses a variety of internationally-accepted practices to ensure that all transactions are visibly and obviously transparent.
 
The Government of India has what experts agree is the most straightforward and transparent disinvestment process in the world. Once government has identified PSEs to be divested, a top-echelon international firm is retained to handle the process in full. These include the world’s foremost firms specialising in accountancy, finance and more importantly disinvestments. We recognise that specialist advisers have a clear role to play in building best practice into India’s programme and we have not hesitated to call on the growing body of international experts to advise us.  Investment banks, consulting firms, accountants and lawyers have and will continue to be used as advisers on this important programme. This keeps the political process far removed from important practical concerns such as short-listing bidders most capable of making the PSE grow, contract details which may vary between different bidders, and of course getting the best price. Once these matters are settled, of course government reviews the process and decides whether to approve the transaction – a necessary part of any democratic system. But by keeping government at arms’ length, investors and voters can be assured that each disinvestment is conducted in a purely businesslike manner.
 
Public awareness activities are in place, and others are being designed, to keep people informed about each stage of the privatisation process for each PSE to be privatised; 
 
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How do we know what a public sector unit is worth?

 
A company is ultimately worth what people are willing to pay for it.  Valuation is the process of estimating this. However the exercise of valuation is of paramount importance because it establishes a market price range for the enterprise. 
 
It is also a relative concept.  Buyers may value a company or a set of assets differently, and bid more or less money accordingly because they see different uses for the company or they have different expectations of what that company can achieve.
 
Valuation based on market principles are essential to stifle criticisms that the state is not receiving a fair price and to ensure sufficient investor interest.  In India we primarily use  discounted cash flow projections of future earnings and comparisons of similar firm’s market prices (when sold through trade or negotiated sales) or stock market valuations if publicly traded. 
 
Measures of replacement value or book value, while informative, are not directly taken as measures of market value.  Book value tends to understate real value because it is based on historical cost and replacement value may overstate value because firms are often sold at below replacement cost.  We nevertheless examine book value and replacement value to assist in reaching a range of probable values to assist us in estimating the market value.
 
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How does government ensure that it gets the right price for assets it is selling?
 
Local and international experts are called in to evaluate every PSE scheduled for disinvestment. Each of these firms has years or even decades of experience in the appropriate sector, ensuring that we get the best evaluation estimates available. However any expert opinion is only an estimate – whether you are selling a car or an entire company, what you are offered by a potential buyer is only as much as he or she is willing to pay. So sometimes the experts are wrong.
 
Most PSEs have antiquated machinery and many suffer from old fashioned designs that are not very efficient – so a bidder will need to assess how much money he will need to make that enterprise modern and effective. Different bidders may have different ideas of how much is needed, and that will affect what price they are willing to pay. Also many PSEs had monopolies or semi-monopolies on selling their goods to the public, and those sorts of economic protectionism will stop as India joins the global economy through the World Trade Organisation (WTO). Of course globalisation means that the whole range of Indian manufacturers can export to foreign countries without restriction – a great benefit for Indian industry. But it can mean that a single PSE may need even more upgrading in order to compete with foreign firms, and that may also affect the price that a bidder is willing to pay. So evaluations are estimates and nothing more. Ultimately, the value of a PSE is only what bidders are willing to offer.
 
Fortunately, in most disinvestments, there is little variation between the various prices offered since businessmen are experts in evaluating investment opportunities. Equally fortunately, expert evaluations are rarely at great variance with the bids received.
 
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Are some PSUs beyond rescue?

 
Undoubtedly so, but fortunately they are rare. But since government is never very effective in running businesses, it takes businessmen to determine when a public sector unit is unable to survive. This is ascertained in two ways. First, it can be discovered when the Government brings in private sector experts to assess and evaluate the public sector unit. Second it can be determined in the bidding process. If, for example, all competent bidders want to deploy the public sector unit’s assets in another type of business activity, it would be fairly clear that the public sector unit has problems which cannot be overcome. In that case, India’s economy benefits by letting new owners use the assets to start a different but more viable kind of business. This is a better outcome for India than continuing to pump money into a hopeless case, or preventing the assets being used productively.

 

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Isn’t privatisation painful?

 
Life without privatisation is becoming even more painful than change. The economic health of India is today living on borrowed time. Some 70% of our tax revenue goes towards repayment of interest on past debts. Under these circumstances, loss-making or in some cases inoperative PSEs are bleeding the nation. Every year Rs 600 crores is spent on paying the salaries of employees of National Textile Mills, a PSE with more than 100 closed units. The workers continue to be paid without doing any work, which is a painful proposition for any self-respecting individual.
 
It is well known that from the moment we are born almost all change is difficult. Nobody really enjoys change. And we would be misleading if we said that privatisation is easy. It is not. Workers may find it initially uneasy, facing new owners and new ways of working together. Changing the habits of a lifetime always entails some uncertainty and discomfort. But once embarked upon it is usually less difficult than was feared.
 
But these changes are necessary in order for our economy to grow.
 
Government is very concerned to protect those who are affected by these necessary changes, and wants to make the transition process as smooth as possible for everyone. So it offers the most generous VRS scheme affordable, and world experts credit India with designing the best retraining programmes for the unfortunate few who need new skills for a new career in the private sector. Building a strong new economy is not going to be easy, and government is determined to help at every step. The results will be worth the effort.
 
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Does privatisation make governments unpopular?
 
Temporarily perhaps, but speaking purely in political terms, whether leaders choose to pursue privatisation depends on how long they hope to remain in government. In the short run all change is difficult, and all change is vilified by parties in opposition. In the middle to longer run, it is often wise not to let economic problems get out of hand since government will always pay a high price for presiding over disaster. And today, Indian government budgets are stretched to the breaking point while PSEs continue to generate losses. Something needs to be done and swiftly.
 
But there are political rewards for showing leadership. In Sri Lanka, government passed its privatisation programme when it only had a single-seat majority. And since then its privatisation programmes have become economically successful and popular as well – Air Lanka, now privatised, has improved the quality of service dramatically. Sri Lankan lawmakers believed that the short-term political risk was worth the mid-term economic rewards – and they were right.
 
In the UK, only after the Labour Party endorsed privatisation and market-economic reforms did they manage to return to power after nearly 20 years in opposition. Leading up to Labour’s landslide victory in 1999, they advocated a number of important privatisations which helped convince the voting public that they were economically mature enough to lead the country.
 
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How can leaders promote privatisation?
 
In both Sri Lanka and the UK (and elsewhere) successful privatisation programmes were never undertaken piecemeal. They were never presented as ‘one-off’ divestitures designed to solve a single problem with a single PSE. Instead privatisation was presented as a thorough and consistent process guaranteeing economic growth. This is important for several reasons, chiefly that if each privatisation appears to be a unique remedy then every subsequent privatisation meets consistently strong opposition. Win the overall argument and each divestiture becomes easier. This requires a consistent, strong and relentless public information campaign.
 
Legislators first need to understand privatisation well enough to defend it before any audience. And they not only need to inform their constituents – they also need to take into account the needs and attitudes of various stakeholders within each legislative constituency. Businessmen have different concerns than PSE workers, and consumers have different concerns altogether. A thorough information campaign needs to be carefully designed, but the first step is for every pro-privatisation leader – in government, politics, business and media – to become well-informed and articulate proponents of the benefits of privatisation.
 
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Are there no security risks in selling PSEs like Air India or Indian Airlines or VSNL to the private sector?
 
Countries like Sri Lanka and the UK face considerable internal security threats, yet they have divested their airlines successfully and safely. Divesting Air India will be no different.
 
First, as major shareholders, the Indian Government will remain in prominent places on the Air India corporate board, participating in all key decisions and privy to information at every level of AI’s operations. Secondly, all over the world, numerous government agencies are intimately involved at every aspect of airline operations from a diplomatic level affecting air traffic down to customs and excise responsibilities, safety issues, and security for cargo and passengers. So, even after Air India is divested, the Indian Government will still be working hard to protect the aircraft, the crew, the passengers, the cargo and – of course – the national security of our country. Moreover, in the agreements, GOI ensures that no person who is a threat to our security can take control of the Company or be selected as the strategic partner that is buying Air India. The same applies to Indian Airlines and VSNL as well.
 
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What is the guarantee that the private sector would not quietly strip the company of its assets and then quit, leaving a worse mess for the government to handle?
First, government only considers bids from reputable bidders with plenty of experience in the appropriate sector. A big company with a long track-record of expertise in, say, foodstuffs or metallurgy is unlikely to descend to asset-stripping. Secondly, a company is almost always worth much more than its assets alone. Its position in the market, its customer base, its reputation for quality, the competency of its workforce and many other matters add to its overall value far beyond the cost of the machinery or the land on which it sits. So buyers often pay more than the asset value of the PSE being divested. In that case, a buyer would be crazy to asset-strip a company for which he paid more than the assets were worth. Nobody wants to kill the goose laying golden eggs.
 
Thirdly, when companies are invited to bid for a PSE, an important part of their bid is their business plan. This maps out what changes they plan to make over coming years, and demonstrates where they will find the expertise and the money to get the job done. A good business plan is actually more important than the sale price because government wants to be certain that these PSEs will grow and prosper, creating more jobs, paying more taxes, and providing more and better goods and services to the public. As part of the bid, the business plan is also a part of the contract that the buyer makes with the government.
 
Typically, Government also keeps an affirmative vote for itself on matters of asset sale  after privatisation in the sales contract.
 
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How does the government protect the interest of the workers when a PSU is privatised?
 
The Indian government is proud of its record of protecting workers in privatised PSEs, and it probably enjoys the most worker-friendly record anywhere on earth. In three disinvestments thus far, the sales contracts stipulated that there would be no workers retrenched, and those contracts have been adhered to in every case. The government is also proud of its role in the offer of Voluntary Retirement Benefits, which in all three privatisations were generous and retirement was purely voluntary. Government believes that our PSE workers have put in long years of hard work and deserve to be treated with fairness, transparency and generosity. After a PSE is privatised, government remains involved in two ways. First it is still a partner to the sales agreement, so it has a responsibility to ensure that the buyer lives up to his promises in terms of how workers are treated. Secondly, as a private sector firm, the privatised PSE falls under Indian law as does every other company in the country – labour law, employment law, safety regulations, tax law, and so forth.
 
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How can citizens be assured that a political-bureaucratic nexus does not result in dishonest deals by the bureaucrats/political leadership? What are the checks?
 
The government is undertaking disinvestment because it believes that government has ‘no business’ being ‘in business.’ In other words, our PSEs have suffered from politics and bureaucracy and only businessmen are good at running businesses. This is why it is important to keep politics and bureaucracy out of the privatisation process.
 
Thus government’s role in privatisation is to identify those PSEs to be divested, then hand the process over to competent, international experts who carry out the process according to an internationally-approved and transparent formula. That process is carried out beyond the reach of politics or bureaucracy. Then finally recommendations are made to government which can only approve or not approve the transaction. If they do not approve the transaction then the process begins again, still outside the reach of politics and bureaucracy. In this way, no sensible person can argue that any privatisation was not completely honest, transparent, trustworthy and effective. We are rather proud of this system, which is the most open and reliable process anywhere in the world. Proof of this can be found in the enormous, reputable firms willing to bid for Indian PSEs being privatised. Countries with less exacting privatisation procedures rarely attract interest from such internationally respected companies.
 
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Are there any qualification criteria laid down for bidders in case of disinvestment?

 
Typically, while calling for Expressions of Interest, networth/turnover criteria are prescribed which the bidders have to fulfil in order to qualify.  This amount varies from case to case, depending upon the size and nature of the PSU being disinvested.
 
 The reason why such criteria are kept in most   cases is that government would like to be certain that the strategic partner has the necessary financial muscle to run the PSU and raise the necessary funds which would need to be injected into the PSU post disinvestment,  as well as a guarantee that the government will have adequate recourse in situations of default and invocation of the indemnity clause.
 
 Very recently, government have also issued guidelines stipulating that a bidder would get disqualified in case of any adverse orders against him by a regulatory authority or a conviction by a court of law, pertaining to a grave offence; or a charge-sheet by a government investigating agency for offences relating to security and integrity of the country by the bidder or a sister concern etc.
 
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While one can understand disqualification criteria on the grounds of national security, it is not clear what objective criteria the government would adopt to decide whether a grave offence is made. 
 
Our guidelines say that whether an offence is grave or not will be judged by the government. Therefore, whenever it comes to the notice of the government that there is an adverse order against the bidder, the government investigates the matter, provides an opportunity to the bidder to present his case and then takes a position on a case-to-case basis whether a grave offence is made out. 

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There seems to be an apparent contradiction. For instance, Ashok Leyland, Videocon etc. are on the disqualification list. When they wish to set up a green field project, and in the process have recourse to huge funds from financial institutions and obtain approvals from different government agencies, they are free to do so. Yet for an investment decision in a disinvestment strategic sale – a brownfield project -  they would be debarred.  Moreover, a company with a minor adverse order from SEBI would get debarred whereas a company with a major customs/income tax penalty order would not be disqualified.
 
The reason why the government insists on such qualification criteria in the case of disinvestment is that the strategic partner would be a ‘partner’ of the government in running the PSU as a joint venture.  Therefore, government would like to ensure that its business partner is a person with a clean record, ensuring that national assets are not being handed over for management to a ‘tainted’ person.

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Knowing the corporate world and the scams of some big, wealthy business houses, won’t this lead to a situation where government would hardly be left with any ‘untainted’ bidders?
 
Disinvestment is not a distress sale. Government would prefer few bidders (even no bidder) rather than handing over national assets to ‘tainted’ business houses. Moreover, the entire privatisation process is designed to identify bidders who are ready, willing and able to make PSUs grow larger and stronger – something obviously more likely from one of the many honest, credible and hard-working companies here and abroad.

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What happens if the government inducts a ‘untainted’ partner today and the strategic partner becomes ‘tainted’ tomorrow? Do the agreements address this situation?
 
Agreements do not address this situation because, under India’s legal system and in legal systems throughout most of the world, contracts and sales agreements are matters of Civil Law while criminal conduct falls under the Criminal and Penal Codes. If an owner of a privatised firm, or of any firm, commits a criminal act, he or she answers to the criminal justice system. However let us be clear – many or even most of our PSUs are already plagued with problems of serious corruption, more so and to a greater degree than private sector firms. Privatisation will reduce corruption, not increase it.

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Appendix 1
 
Hidden Subsidies
 
Waiver of Dues of Public Sector Enterprises
 

Figure in crores of Rupees

Item

1997-98

1998-99

1999-00

1.      Loan repayments written off

300.70

392.26

5073.00

2.      Interest waived

193.16

1168.13

858.08

3.      Penal interest waived

62.60

209.02

130.54

4.      Repayments of loan on which moratorium allowed

304.99

88.88

12.14

 

TOTAL

861.45

1858.29

6073.76

 
Subsidies and Guarantees to PSEs & Their Accumulated Losses
 
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Figure in crores of Rupees

Item

1997-98

1998-99

1999-00

Subsidies related to administered prices

10028.44

11053.00

11999.36

Guarantees given by Central Government

5372.18

3874.07

5614.74

Accumulated losses

41928.99

47713.99

52550.97


 

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Appendix 2
 
Illustrations of PSEs where Restructuring / Rehabilitation Undertaken
 

                                                                                                                                                (Amounts in crores of Rupees)

S.No

PSE

No. of rehabilitation / restructuring attempts made for revival

Approx. amount of waiver/  fresh funds infused *

Paid up Capital

Net Worth

(31.3.99)

P.&L. A/C accumulated losses (31.3.99)

 

1.         

Bharat Refractories Ltd.

Two revival packages approved (July 96 and Jan. 99)

 

61.64

 

103.90

 

-28.79

 

-131.57

2.         

Heavy Engineering Corpn.

Six attempts (1972, 75, 81, 89, 97, 99)

 

N/A

 

437.88

 

-638.40

 

-1095.35

3.         

Hindustan Cables Ltd.

January 1999

 

122.60

 

408.29

 

-57.02

 

-520.43

4.         

Hindustan Shipyard

 

Two attempts since 1995

 

470.90

 

96.81

 

-988.19

 

-1085.10

5.         

Hindustan Steel Works Constr. Ltd.

 

1997-99

 

975.17

 

20

 

-1363.26

 

-1383.28

6.         

Indian Drugs & Pharma. Ltd.

 

1994, 1996, 1997

 

328.92

 

116.88

 

-872.06

 

-1201.55

7.         

Instrumentations Ltd.

 

Referred to BIFR in 1993

 

17

 

24.05

 

-7.15

 

-72.94

8.         

Jessop & Co.

Two attempts (1986, 1997)

 

 

 

40

 

-170.73

 

-258.48

9.         

Mining and Allied Machinery Corporation

 

Several attempts (1973, 76, 80, 86, etc.)

 

134.50

 

39.19

 

-881.39

 

-  897.72

10.      

Rashtriya Ispat Nigam Ltd.

Two attempts; Capital restructuring (July 93 & May 98)

 

N/A

 

6493.85

 

3751.69

 

-4053.83

 
* Indicates only one part of rehabilitation packages, which included many other concessions as shown below.
 
The revival packages include a combination of some or all of the following:
 

1.         Conversion of cash losses to interest free loans or equity                                                                 

2.         Moratorium on payment of all loans
3.         Interest holiday on outstanding government loans
4.         Write off of outstanding non-plan loans
5.         Write off of interest on government loans
6.         Conversion of dues towards tax and interest into soft loans
7.         Waiver of bank interest and dues
8.         Conversion of outstanding cash credit into working capital term loan
9.         Concession on existing power tariff (by State Government)
10.      Release of fresh loans
 Conversion of loans into equity, etc.
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