Deregulation of Essential Commodities
Deregulation of Essential Commodities
Deregulation of Essential Commodities
206
7.1 Essential Commodities Regulation19
19
Taxmans Economics Laws 2003
207
cement is adequate and in fact, customer can choose brand and quality they
require.
The Essential Commodities Act, 1955 was enacted to ensure the easy
availability of essential commodities to consumers and to protect them from
exploitation by unscrupulous traders. The Act provides for the regulation and
control of production, distribution and pricing of commodities which are
declared as essential for maintaining or increasing supplies or for securing
their equitable distribution and availability at fair prices. Exercising powers
under the Act, various Ministries/Departments of the Central Government and
under the delegated powers, the State Governments/UT Administrations have
issued orders for regulating production, distribution, pricing and other aspects
of trading in respect of the commodities declared as essential. The
enforcement/ implementation of the provisions of the Essential Commodities
Act, 1955 lies with the State Governments and UT Administrations.
20
Taxmann‘s Students guide to economic laws 1999 – Essential Commodities Act, 1955.
208
The list of essential commodities has been reviewed from time to time
with reference to the production and supply of these commodities and in the
light of economic liberalisation in consultation with the concerned
Ministries/Departments administering these commodities. The Central
Government is consistently following the policy of removing all unnecessary
restrictions on movement of goods across the State boundaries as part of the
process of globalisation simultaneously with the pruning of the list of essential
commodities under the said Act to promote consumer interest and free trade.
The number of essential commodities which stood at 70 in the year 1989 has
been brought down to 7 at present through such periodic reviews.
209
reports received from the State Governments, 119 detention orders were
issued under the Act during the year 2007. The Central Government and the
State Governments also have the power to modify or revoke the detention
orders. The representations made by or on behalf of the persons ordered for
detention are considered and decided by the Central Government.
210
Notifications dated 27.02.2007, 31.8.2007 and 28.02.2006. The Order
permitted State/UT Governments to fix stock limits in respect of wheat and
pulses.
211
Parliament has power to make laws by virtue of entry 33 in list –
III in the seventh schedule of the constitution.
The 12 items include textile machinery, textiles made from silk, textiles
made wholly or in part from man-made cellulosic and non-cellulosic filament
yarn.
However, food stuffs, cotton and woolen textiles, raw cotton, either
ginned or unginned and cotton seed, raw jute, jute textiles and yarn wholly
made from cotton will continue to be in the list of the essential commodities.
212
The government by a notified order can declare any commodity as
'essential' for the purpose of ECA 1955. Section 3 of the Act empowers the
government to control production, supply, distribution, trade and commerce of
such commodities.
This gives controlling powers to the state for trading and marketing
these commodities in the country.
In the event of the full decontrol, to be effected in the next fiscal, millers
will be able to unload the entire quantity in the open market.
The two are intertwined as full decontrol ensures greater volumes for
futures trading and better chances of price discovery.
213
The government has given in-principle clearance to three companies
for sugar futures, E-Commodities Ltd and E-Sugar India of Bombay and
Hyderabad-based NCS InfoTech who have 10 months to put the process in
place from December 2001.
In view of the relatively more comfortable food situation, it was felt that
restrictions like licensing of dealers, limits on stock and control on movement
are no longer needed, she said.
The Essential Commodities Act, 1955 provides for the control of the
production, supply and distribution of essential commodities.
214
Powers to issue control orders under the Act have been delegated by
the Centre to the state governments.
Onion was placed under the ECA list in early-1999, following a decline
in domestic production and skyrocketing of prices that led to the defeat of the
then-ruling Bharatiya Janata Party (BJP) in three States. Production fell from
4.18 million tonnes (mt) in 1996-97 to 3.62 mt in 1997-98, after which it
recovered to 5.33 mt in 1998-99. Since then, output has been hovering in the
4.5 mt - 4.9-mt range, except in 2002-03, when it declined again to 4.21 mt.
215
But the 2003-04 crop has been a bumper one of well over 5 mt, leading
to a glut and piling up of huge stocks, particularly in Maharashtra, which
accounts a third of the country's total onion production. "The production and
availability of onion during the last five years has, by and large, been
satisfactory. The price trend of onion has also not shown any abnormality
during this period. The removal of unnecessary restrictions and relaxation of
controls on onion will give fair returns to growers, promote consumer interest
and free trade," an official release said.
216
7.4 Industry Promotion
Industry
217
service within a category. It is the secondary sector in economics, also
coming under the private sector.
3. Tertiary sector: deals with services (such as law and medicine) and
distribution of manufactured goods. When contrasted to the wealth producing
sectors like secondary and primary sectors, tertiary sector is a wealth
consuming sector. When the wealth consuming and wealth producing sectors
218
are balanced, the economy grows, but if the tertiary sector grows bigger than
the first two, the economy declines. Service sector, as it is called, offers
services or 'intangible goods'. The services are provided to businesses and
final consumers. It may involve distribution or transport and sales of goods
from producer to consumer. This sector also includes the soft parts of the
economy such as the insurance, tourism, banking, education, retail. Typically,
the output is in the form of content (info), advice, service, attention experience
or discussion. Service economy refers to a model where as much economic
activity as possible is treated as service.
The purpose of the IDR Act was to implement the industrial policy. It
provides for The development and regulation of major industries IDR Act
envisages balanced industrial growth all over India and optimum use of
available resources and infrastructure. IDR Act also sees that the industries
do not suffer due to financial mismanagement or technical inefficiency or
operational defects. In certain cases Act provides for investigation by Union
Government in cases of mismanagement and misadministration.
219
Industrialization: A New Era
Though agriculture has been the main preoccupation of the bulk of the
Indian population, the founding fathers saw India becoming a prosperous and
Modern State with a good industrial base. Programs were formulated to build
an adequate infrastructure for rapid industrialization.
220
Economic Restructuring
On its part, India has opened several sectors hitherto restricted to the
public sector. The rupee is convertible on the trade account. In 1994, exports
grew by 17%. Figures for 1995-96 show that exports grew at a rate of 28.8%.
About 90% of India's import are financed by export earnings. The Non-
Resident Indian (NRI) enjoys special incentives to invest in India like tax
exemption and higher interest rates on deposits.
NRIs
The government acknowledges the great role that the vast number of
Indians living and working abroad, the Non-Resident Indians can play in
accelerating the pace of development in the country. In the 1980s, the NRIs
contribution through their remittances was instrumental to a large extent in
stabilizing the balance of payment situation. Several initiatives have been
taken to attract NRI investments - in industry, shares and debentures. The
NRIs are allowed 100% investment in 34 priority and infrastructure facilities on
221
non-repatriation basis. Approval is given automatically on investment in
certain technical collaborations. They can buy Indian Development Bonds and
acquire or transfer any property in India without waiting for government
approval. The Foreign Exchange Regulation Act has been amended to permit
NRIs to deal in foreign currency and they can also bring in five kg of gold.
There are programs to utilize the scientific and technical talents of the NRIs
with the help of the Council of Scientific and Industrial Research.
Infrastructure
Coal: Coal is the primary source for power generation in India. The
country has huge reserves of coal approximately 197 billion tons. A sufficient
amount of lignite (brown coal used in thermal power stations) is also available.
India produced about 270 million tons of coal in 1995-96. The government
now welcomes private investment in the coal sector, allowing companies to
operate captive mines.
222
Natural gas production has also increased substantially in recent years,
with the country producing over 22,000 million cubic meters. Natural gas is
rapidly becoming an important source of energy and feedstock for major
industries. By the end of the Eighth Five-Year Plan, production was likely to
reach 30 billion cubic meters.
Railways: With a total route length of 63,000 Kin and a fleet of 7000
passenger and 4000 goods trains, the Indian Railways is the second largest
network in the world. It carries more than 4000 million passengers per year
and transports over 382 million tons of freight every year. It is well equipped to
meet its demands for locomotives, coaches and other components.
223
Shipping activity is buoyant and the number of ships registered under
the Indian flag has reached 471. The average age of the shipping fleet in India
is 13 years, compared to 17 years of the international shipping fleet. India is
also among the few countries that offer fair and free competition to all
shipping companies for obtaining cargo. There is no cargo reservation policy
in India.
India's international carrier, Air India, is well known for its quality
service spanning the world. Within the country, five international airports and
more than 88 other airports are linked by Indian Airlines. Vayudoot, an
intermediate feeder airline, already links more than 80 stations with its fleet of
turboprop aircraft and it plans to build and expand its network to over 140
airports in the far-flung and remote areas of the country. Pawan Hans, a
helicopter service, provides services in difficult terrain.
The Government has adopted a liberal civil aviation policy with a view
to improving domestic services. Many private airlines are already operating in
the country.
224
technologies, increased productivity, and innovation in organization and
management. Moving towards self-reliance, besides establishing indigenous
R&D in digital technology, India has established manufacturing capabilities in
both the Government and private sectors.
The private sector is expected to play a major role in the future growth
of telephone services in India after the opening of the economy. The recent
growth in telecommunications has also been impressive. Till September 1996,
the number of telephone connections had reached 126.1 lakh (12.6 million).
Soon every village panchayat will have a telephone. By 1997, cellular services
in most major urban areas were functional, and telephone connections were
available on demand. India is linked to most parts of the world by E-mail and
the Internet.
Key Industries
Steel : The iron and steel industry in India is over 122 years old.
However, a concerted effort to increase the steel output was made only in the
early years of planning. Three integrated steel plants were set up at Bhilai,
Durgapur and Rourkela. Later two more steel plants, at Bokaro and
Vishakhapatanam, were set up. Private sector plants, of which the Tata Iron
and Steel Company (TISCO) is the biggest, have been allowed to raise their
capacity. The Steel Authority of India (SAIL), which manages the public sector
plants, has undertaken a Rs. 40,500 crore program to modernize them.
During 1995,96, production of salable steel in the country was about 21.4
million tons. The five SAIL plants accounted for over half of this: The export of
iron and steel jumped from 9.10 lakh tons in 1992-93 (valued at Rs.'708 crore)
to over 20 lakh tons (Rs. 1940 crore).
TISCO and a large number of mini steel plants in the country contribute
about 40% of the steel production in the country. The Government has given
a push to sponge iron plants to meet the secondary sector's requirement of
steel scrap.
225
Engineering and Machine Tools : Among the Third World countries,
India is a major exporter of heavy and light engineering goods, producing a
wide range of items. The bulk of capital goods required for power projects,
fertilizer, cement, steel and petrochemical plants and mining equipment are
made in India. The country also makes construction machinery, equipment for
irrigation projects, diesel engines, tractors, transport vehicles, cotton textile
and sugar mill machinery. The engineering industry has shown its capacity to
manufacture large-size plants and equipment for various sectors like power,
fertilizer and cement. Lately, air pollution control equipment is also being
made in the country. The heavy electrical industry meets the entire domestic
demand.
The compound growth of the computer industry has been 50% during
the last five years. Almost the entire demand for floppy disk drives, dot matrix
printers, CRT terminals, keyboards, line printers and plotters is met from
indigenous production. With the availability of trained technical manpower,
computers have been identified as a major thrust area. Special emphasis has
been given to software export.
The Indian software industry has developed skill and expertise in areas
like design and implementation of management information and decision
226
support systems, banking, insurance and financial applications, artificial
intelligence and fifth generation systems.
Recognition for the Indian computer software industry has been global.
Indian software enterprises have completed projects for reputed international
organizations in 43 countries.
227
system, India is moving towards indicative planning which will outline the
priorities and encourage a higher growth rate. The Rs. 4,000 billion eighth
plan envisaged a growth rate of 5.6%.
Traditional Industry
228
regulating distribution, transport, possession, use or consumption (c)
prohibiting the with holding from sale of any article (d) requiring a person to
sell industrial product to a particular class of persons. The sale can be at
controlled price or mutually agreed price, at price prevalent in market (e)
regulating or prohibiting, any class of commercial or financial transactions
respect of the industrial product. (f) requiring that product should be marked
with price, display, stock and display prices (g) collecting information or
statistics for regulating above matters. (h) incidental or supplementary matters
in respect of above like licences, permits, records etc.
229
plywood products appearing in that list have been subsequently removed.
Coal & Lignite and petroleum (other than crude) and its distillation products
have been removed from the list w.e.f. 8 th June, 1998. Sugar has been
delicensed in August 1998. The only condition is that distance between 2
sugar mills should be minimum 15 kms.
Industrial Policy
230
7.4.1 Industrial Policy Prior to 199121
21
Misra & Puri, Indian Economy, 2010, Himalaya Publication. Pg.381
231
The 1948 Resolution also accepted the importance of small and
cottage industries as they are particularly suited for the utilization of local
resources and for creation of employment opportunities.
232
enquiry into the affairs of the particular undertaking; and (iii) Cancellation of
registration and licence – If a particular industrial undertaking had succeeded
in obtaining industrial licence and registration by submitting wrong information
the government could cancel the registration under article 10(A) of the Act. In
the same way, the government could cancel the licence if the undertaking was
not set up within the stipulated period.
In the initial stages 37 industries (specified under the Act) were brought
under the purview of the Act which was later extended to include 70
industries. Of these specified industries only those units were brought under
the Act where the capital employed was Rs. 1 lakh or more. Since the net of
coverage was too small, it was decided to cover all units (irrespective of size)
under the Act in 1953 but the excessive administrative strain brought upon the
authorities as a consequence of this decision, compelled them to scrap this
decision in 1956. It was stated that henceforth the Act would be applicable
only to enterprises employing 50 or more workers if worked with the aid of
power or employing 100 or more workers if worked without the aid of power.
In 1960 another change was made and all enterprises with fixed capital of
Rs.10 lakh or less were exempted from the licensing procedure. The
exemption limit was raised to Rs.25 lakh in 1963 and (subject to certain
conditions) to Rs. 1 crore in 1970. The March 1978 industrial policy statement
233
liberalised the licensing policy further by raising the exemption limit from Rs.1
crore to Rs. 3 crore. It was later raised to Rs.5 crore. The government
announced a major package of industrial delicensing during the year 1988-89.
This package provided that henceforth, only projects involving an investment
in fixed assets of more than Rs.50 crore, if they are located in backward
areas, or more than Rs.15 crore if they are located in non-backward areas
would require industrial licences.
The 1956 Resolution laid down the following objectives for the
industrial policy : (i) to accelerate the rate of growth and to speed up
industrialization; (ii) to develop heavy industries and machine making
industries; (iii) to expand public sector; (iv) to reduce disparities in income and
wealth; (v) to build up a large and growing cooperative sector; and (vi) to
prevent monopolies and the concentration of wealth and income in the hands
of a small number of individuals.
The 1956 Resolution divided the industries into the following three
categories:
234
2. Mixed sector of public and private enterprise. In this section 12
industries listed in Schedule B (appended to the Resolution) were included.
These were: all other minerals (except minor minerals), road transport, sea
transport, machine tools, ferro-alloys and tool steels, basic and intermediate
products required by chemical industries such as manufacture of drugs
dyestuffs and plastics, antibiotics and other essential drugs, fertilizers,
synthetic rubber, chemical pulp, carbonization of coal, and aluminum and
other non-ferrous metals not included in the first category. In these industries,
State would increasingly establish new units and increase its participation but
would not deny the private sector opportunities to set up units or expand
existing units.
235
responsibility of the State was enlarged from 6 to 17 industries (Schedule A).
In addition, another category including 12 industries (Schedule B) was defined
where the State could participate on an increasing scale. However, the 1956
Resolution dropped the ‗threat‘ of nationalization that the 1948 Resolution
contained and the division of industries in different categories was more
flexible in the former as compared to the latter. The fact is that the basic
objective of both the Resolutions was the same-strengthening the mixed
economy structure of the country.
236
fact, capacity created, in some cases, was less than allowed. Many industries
(especially those belonging to the large monopoly houses) indulged in such
practices to restrict output and raise prices. Since the government had no
guarantee that the licensed capacity would actually be installed within the
stipulated time, it adopted the practice of granting licences for capacities far in
excess of the plan targets, from the end of the Second Plan. In those cases
where actual implementation was larger than expected (as, for example, in
the case of paper industry, cement industry and ceramic production) a sizable
unutilized capacity appeared. In some cases, overlicensing of an industry
deterred the licencees from implementing their full licensed capacities for fear
of excessive capacity creation in the industry. As a consequence of this,
industries over-licensed in the Third Plan were marked by under fulfillment of
capacity.
237
revealed through their different practices, e.g., their early intimation of
impending licensing to an applicant, inadequate scrutiny and/or expeditious
disposal of licence applications, ‗on file decisions‘ without going through the
Licensing Committee, reversal of earlier decisions, etc.‖
238
officials and were therefore left out. Thus, the industrial approval system
impeded entry of new promoters and entrepreneurs, contrary to official
objectives.
239
production of any ‗new article‘ while in 1956 industrial activity and products
were defined in much greater detail, thus adding to the number of
permissions required), while on the other hand, industrial growth and
diversification increased the scarcity of resources allocated administratively.
The outcome was increasing delays in the processing of applications.
Moreover, the Licensing Committee worked in a very haphazard and adhoc
manner and there were no definite criteria adopted for acceptance or rejection
of applications. This lack of explicit economic criteria was accompanied by the
generally poor quality of techno-economic examinations conducted by the
Directorate General of Technical Development (D.G.T.D.) which also took an
unnecessarily long time for disposing of cases and submitting its
recommendations to the Licensing Committee. All these factors impeded
industrial growth.
240
Act). The most important relaxation related to the raising of the limit for MRTP
companies from rs.20 crore to Rs.100 crore (i.e., by five time) at one stroke in
March 1985. In May 1983, the government notified that MRTP companies are
eligible to set up, without the approval of the government, new capacities in
industries of high national importance or industries with import substitution
potential or those using sophisticated technology. On December 24, 1985, the
government permitted the unrestricted entry of large industrial houses and
companies governed by FERA into 21 high-technology items of manufacture.
With this permission, the large industrial houses falling within the purview of
the MRTP Act and FERA companies were allowed to freely take up the
manufacture of 83 items. The government specified a list of 33 broad groups
of industries under Appendix I in which MRTP and FERA companies were
permitted to set up capacities provided the concerned items are not reserved
for the small-scale or public sectors. Various other concessions like regulation
of excess capacity and capacity re-endorsement, facilities to set up industries
in backward areas etc. were also granted to MRTP and FERA companies.
241
calculated by taking the highest production achieved during any of the
previous five years plus one-third thereof. The undertakings which were able
to achieve capacity utilization equal to the re-endorsed level were to get
further re-endorsement according to the highest production achieved in
subsequent years. The number of industries for which automatic re-
endorsement of capacity was not available was reduced from 77 to 26. With a
view to encourage modernization, renovation, replacement, etc., the
government announced in 1986 exemption from licensing requirements of
increases up to 49 per cent over licensed capacity.
242
Appendix I for location in centrally declared backward areas. The scheme was
later extended to 49 industries for location in any centrally declared backward
area and to 23 non-Appendix – I industries for location in category ‗A‘
backward districts. The conditions permitting MRTP and FERA companies to
establish non-Appendix I industries in backward districts were also liberalised.
243
small-scale industry from Rs.35 lakh to rs.60 lakh. In August 1991, the
investment limit for tiny units was raised to Rs.5 lakh. In February 1997, the
investment limit for small-scale units and ancillary units was raised to Rs.3
crore. The investment limit for tiny units was raised from Rs.5 lakh to Rs.25
lakh. The investment limit for small-scale industry was reduced to Rs.1 crore
in 1999. Now MSMED Act, 2006, has raised this investment limit to Rs.5 crore
for manufacturing enterprises and Rs.2 crore for service enterprises.
In line with the liberalisation measures announce during the 1980s, the
government announced a New Industries Policy on July 24, 1991. This new
policy de-regulates the industrial economy in a substantial manner. The major
objectives of the new policy are ―to build on the gain already made, correct the
distortions or weaknesses the might have crept in, maintain a sustained
growth in productivity and gainful employment, and attain international
competitiveness.‖ In pursuit of these objectives, the government announced a
series of initiatives in respect the policies relating to the following areas:
A. Industrial Licensing
C. MRTP Act
A package for the small and Tiny Sectors of industry was announced
separately in August 1991.
244
interference, delays in investment decisions and bureaucratic red-tapism,
corruption etc. Not only this, the industrial licensing policy was also unable to
achieve the objectives laid down for it by the government. On account of
these considerations, and in order to liberalise the economy and to enable the
entrepreneurs to make investment decisions on the basis of their own
commercial judgment, the 19991 the 1991 industrial policy abolished
industrial licensing for all but 18 industries. The 18 industries for which
licensing was kept necessary were as under – coal and lignite; petroleum
(other than crude) and its distillation and brewing of alcoholic drains; sugar;
animal fats and oils; cigars and cigarettes; asbestos and asbestos-based
products; plywood and other wood based products; raw hides and skins and
leather; tanned on dressed furskins; motor cars; paper and newsprint;
electronic aerospace and defence equipment; industrial explosives;
hazardous chemicals; drugs and pharmaceuticals; entertainment electronics;
and white goods (domestic refrigerators, washing machines, airconditioners,
etc.). With the passage of time, most of these industries have also been
delicensed. As of now, licensing is compulsory for only 5 industries. These are
alcohol, cigarettes, hazardous chemicals, electronics aerospace and defence
equipment, and industrial explosives.
The 1956 Resolution had reserved 17 industries for the public sector.
The 1991 industrial policy reduced this number to 8: (1) arms and
ammunition, (2) atomic energy (3) coal and lignite, (4) mineral oils, (5) mining
of iron ore, manganese ore, chrome ore, gypsum, sulphur, gold and diamond,
(6) mining of copper, lead, zinc, tine, molybdenum and wolfram, (7) minerals
specified in the schedule to the atomic energy (control of production and use
order), 1953, and (8) rail transport. in 1993, items 5 and 6 were deleted from
245
the reserved list. In 1998-99, items 3 and 4 were also taken out from the
reserved list. On May 9, 2001, the government opened up arms and
ammunition sector also to the private sector. This now leaves only 3 industries
reserved exclusively for the public sector – atomic energy, minerals specified
in the schedule to the atomic energy (control of production and use order)
1953, and rail transport.
The new industrial policy also states that the government will undertake
review of the existing public enterprises in low technology, small-scale and
non-strategic areas as also when there is low or nil social consideration or
public purpose. Sick units will be referred to the Board for Industrial and
Financial Reconstruction (or a similar body) for advice about rehabilitation and
reconstruction. For enterprises remaining in the public sector, it is stated that
they will be provided a much greater degree of management autonomy
through the system of MOU (memorandum of understanding).
246
Major amendment in the industrial location policy was effected during
1997-98. The requirement of obtaining industrial approvals from the Central
government (except for the industries under compulsory licensing) for
establishing units at locations not falling within 25 kms. of the periphery of
cities having a population of more than 1 million was dispensed with.
However, notified industries of a non-polluting nature such as electronics,
computer software and printing, may be located within 25 kms of the
periphery of cities with more than 1 million population. Other industries are
permitted only if they are located in designated industrial areas set up prior to
July 25, 1991. Zoning and Land Use Regulations as well as Environment
legislation continue to regulate industrial locations.
247
Appraisal of New Industrial Policy
248
However, the new industrial policy 1991 has invited scathing criticism
from a number of quarters. The main points of criticism are as follows:
The suggests that ―liberalisation per se has not been enough to ensure
high rates of growth of investment and productive activity, and that other
strategies may be necessary to encourage the ‗animal spirits‘ of
entrepreneurs.‖
249
policy 1991 but they soon came to realize that opening up the Indian economy
to foreign competition meant more and cheaper imports, more foreign
investment, opportunities to the MNCs (multinational corporations) to raid and
takeover their enterprises, and worse, their inability to meet the challenge
from MNCs due to their weak economic strength vis-à-vis the MNCs. In the
new liberalised scenario that has emerged in the post-1991 reform phase, the
Indian businessmen are facing unequal competition from MNCs. The unequal
competition stems from a number of reasons discussed in detail in the section
on ‗Effects of Globalisation‘ on ―Globalisation and its Impact on the Indian
Economy.‖ As stated therein, the Indian enterprises suffer from ‗size
disadvantages‘ as they are just minuscules in comparison with MNCs‘ they
have for long operated in a protectionist environment which promoted
inefficiencies in production; the cost of capital to Indian business is much
higher than for MNCs; they are very weak financially in comparison with
MNCs; high multiple and cascading indirect taxes – especially at the local
level, where they are not applicable to foreign imports – result in making
Indian goods uncompetitive; etc. On account of these reasons, the Indian
industry associations (particularly the Confederation of Indian Industry) have
recently adopted a very critical attitude to the government‘s new industrial
policy. The basic position of CII is the India has moved from too much
protection to too little protection, which may eventually result in policy-induced
de-industrialisation. The overall business demand is for a level playing field.
250
easy foothold in the domestic industry but, once having consolidated their
position, reduced the Indian partner to a subordinate position or simply ousted
him. Thus, many Indian businessmen feel that MNCs simply use them as a
‗door mat‘ for entry and spread risk only to be dumped later. Three, some
foreign investors, even as they started out with local partners in a joint
venture, then went on to set up parallel 100 per cent subsidiaries of their own
in the same field, which were then favoured with greater sources and more
modern technology, rendering the joint venture uncompetitive and useless.
The aggression which MNCs have shown to devour domestic enterprise has
raised the dangers of business colonalisation.
251
major readjustments in technologies that have developed in the labour scarce
and capital abundant rich countries. This will not be an easy task.
References :
252
9. For a detailed discussion refer to the chapter on ―Private Sector in the
Indian Economy‖ and the chapter on ―Multinational Corporation, FERA
and FEMA.‖
10. Government of India, Handbook of Industrial Policy and Statistics,
2001, p. 10.
11. Under the automatic route, prior approval is not required; only the
reporting stipulations have to be met for monitoring purposes. The
automatic approval reduces the scope of discretionary use of powers
by the Foreign Investment Promotion Board.
12. J. C. Sandesara, ―New Industrial Policy: Questions of Efficient Growth
and Social Objectives,‖ Economic and Political Weekly, August 3 10,
1991, p.1870.
13. C. P. Chandrasekhar and Jayati Ghosh. The Market that Failed,
Decade of Neoliberal Economic Reforms in India (New Delhi, 2002)
p.23.
14. John Degnbol Martinussen, op.cit., p.151.
15. Baldev Raj Nayar, Globalization and nationalism (New Delhi, 2001)
pp.173-4.
16. H. K. Paranjape, ―New Industrial Policy: A Capitalist Manifestic
Economic and Political Weekly, October 26, 1991, p.2476.
17. John Degnbol-Martinussen, op.cit., pp.205-6.
253
7.5 Evaluation of Some Major Industries of India
India is the largest producer and consumer of sugar in the world. Sugar
industry is the second largest agro-based industry in the country next only to
textiles. About 45 million sugarcane farmers, their dependents and a large
agricultural force, constituting 7.5 per cent of the rural population, is involved
in sugarcane cultivation, harvesting and ancillary activities. Besides, about 0.5
million skilled and semi-skilled workers, mostly from rural areas, are engaged
in the sugar industry. The sugar industry in India has been a focal point for
socio-economic development in the rural areas by mobilizing rural resources,
generating employment and higher income, transport and communication
facilities.
254
sugarcane and sugar in the world leaving the other major producers – Brazil
and Cuba – way behind. Sugar production touched an all-time high of 201.32
lakh tones in 2002-03 but fell to 139.58 lakh tones in 2003-04 due to drought
in major sugar producing States like Maharashtra, Karnataka and Tamil Nadu
and Wooly Aphids pest infestation.15 Sugar production in 2007-08 sugar
season (October-September) stood at 263 lakh tones and this fell steeply to
only 146.80 lakh tones in 2008-09 forcing the government to allow imports to
augment domestic availability and cool prices.
In January 1997, the sugar industry was brought under a regime of free
licensing, which entitled the time-bound grant of licences without a due-
diligence exercise or a ministerial revaluation of the project. As a result of this
policy, there was a scramble for the creation of additional capacity. On the
eve of delicensing in September 1998, the number of licences granted for new
mills stood at 236 while those for capacity expansion stood at 1800. Additional
255
capacity sanctioned was a much as 150 lakh tones in just two years against
the then prevailing total capacity of 134 lakh tones. The biggest draw for the
setting up new capacity was the incentives offered with the licences:
exemption from the supply of levy sugar for a period ranging from 5 to 10
years (i.e., the new units could sell 100 per cent of their production in open
market for a number of years) and preferential treatment from the financial
institutions, the preferential treatment from the financial institutions, the
primary lenders. ―This meant that a mill could recover its cost in 5 years, make
profits in the remaining 5, and conveniently, turn sick once the incentives
expired. What the government was offering was a sweet haven for fly-by-night
operators. Not surprisingly, a few existing mills also snapped up licences to
pre-empt competition.‘‘16
Under the Sugar Cess Act 1982, a cess of Rs.14.00 per quintal is
collected on all sugar produced in the country and an amount equal to the
same is credited in the Sugar Development Fund (SDF) created under the
SDF Act 1982. The Fund has benefited the domestic industry by providing
loans at concessional rates to sugar factories for modernization and
expansion of capacities, rehabilitation development of sugarcane, providing
grants for industrial research etc.
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2. Fixation of high sugarcane prices by the State governments.
The pricing of sugarcane is affected by a number of factors, the most
important being the Statutory Minimum Price (SMP) and the State Advised
Price (SAP), SMP is the price for sugarcane fixed by the Central government
on the basis of cost of production of sugarcane. SAP is the price fixed by the
State government taking into account the specific recoveries and conditions in
that particular State. Sugarcane pricing has become a highly politicized issue
and it has been observed that the basis of fixing SAP is quite arbitrary and
has no bearing with the increase in the cost of production. As a result, the
difference between SAP and SMP has been growing.
4. Old machinery. Like jute and cotton textiles, some sugar factories
also require replacement of old machinery and modernization of production
techniques. The need is particularly great for the sugar factories located in
U.P. and Bihar.
5. Low sugar recovery. The sugar recovery from the canes, as also
the yield of cane crop, has been stagnant for a long time for want of any major
breakthrough in breeding better varieties of sugarcane. The average recovery
extraction) rate for the Indian sugar mills is just 9.5 to 10 per cent, against 13
to 14 per cent in some other sugar producing countries.
257
market price. The proportion of levy sugar was later raised to 70 per cent. The
Janata government removed all controls in 1978 but with the return of the
Congress government to power, partial controls with dual pricing were again
imposed. Presently, the sugar producers are required to supply 10 per cent in
the form of ‗levy‘ sugar while the remaining 90 per cent is the free sale quota.
There are four sectors in the textile industry – mill sector, power loom
sector, handloom sector and hosiery. The latter three are jointly considered
under the heading ‗decentralized sector‘. Over the years, the government has
258
granted many concessions and incentives to the decentralized sector with the
result that the share of this sector in total production has increased
considerably. For example, while the share of the mill sector in total fabric
production was 76 percent in 1950-51, it fell to 38 per cent in 1980-81 and
further to 0.8 per cent in 2008-09. The share of the decentralized sector
correspondingly rose from 24 per cent in 1950-51 to 99.2 per cent in 2008-09.
Of the total output of 54,966 million square metres of textiles in 2008-09, the
share of the mill sector was only 1.,796 million square metres – the rest
53,170 million square metres being contributed by the decentralized sector.
With the aim of developing the four sectors of the industry viz., mills,
powerlooms, hosiery and handlooms in an integrated manner, the
government announced a new Textile Policy in June 1985. The main objective
of this policy was to enable the industry to increase production of cloth of
good quality at reasonable prices for the vast population of the country as well
as for export purposes. A Textile Modernisation Fund of Rs.750 crore was
created in 1986 to meet the modernization requirements of the textile industry.
A Textiles Workers‘ Rehabilitation Fund was set up to provide interim relief to
workers rendered unemployed as a consequence of permanent closure of the
textile units. Another measure of significant importance has been the
delicensing of the textile industry as per the Textile (Development and
Regulation) Order 1993. Under the new policy, prior approval of the
259
government is not necessary to set up textile units including powerlooms. The
technology Upgradation Fund Scheme (TUFS) was launched in 1999 to
enable textile units to take up modernization projects, by providing an interest
subsidy on borrowings. Under TUFS, loans worth Rs.66,284 crore were
disbursed to 25,777applicants upto June 30, 2009. National Textile Policy
2000 targeted increase in textile and apparel exports form $11 billion to $50
billion by 2010 with the share of garments at $25 billion. Scheme for
Integrated Textile Parks (SITP) was launched in 2005. Under this scheme, 40
integrated textile parks of international standards, covering weaving, knitting,
processing and garmenting sectors with project proposals worth Rs.4, 149
crore have been sanctioned.
260
and with improper technology and methodology. Outdated farm practices and
poor maintenance of the market yards have earned Indian cotton the label of
the world‘s most contaminated cotton. This poor quality of cotton is creating
difficulties for the spinning industry.
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6. Labour problems. The cotton textile industry has been faced with
frequent labour problems. While some problems of labour are genuine it is no
doubt true that the cotton textile mills have become the playground for
personal rivalries and the testing ground for some political groups. Protests
from labour have also come in way of modernization of textile mills due to fear
of displacement and unemployment. For instance, according to one estimate,
a single worker can oversee 48 automatic looms while he can manage only 6
non-automatic looms. The problem is aggravated by the fact that due to
stagnant demand conditions, there is little possibility of the displaced labour
being employed elsewhere in the sector.
262
and downs after that, initially due to appreciation of Indian Rupee in 2007-08
and subsequently on account of global meltdown. Moreover, the performance
of India‘s textile continues to lag substantially behind that of China in terms of
rate of growth of exports and share in world textile exports. While China has
created huge capacities and capitalized on economics of scale, India has an
incredibly fragmented industry which is simply not geared to meet the
challenges of a rapidly changing global industry. There are hundreds of
thousands of powerloom units producing most of the fabrics in the country
with the share of the organized mill industry being negligible. How can this
miniscule mill sector pull up the entire industry ? It is also to be noted that
while China is moving aggressively towards modernization and upgradation
and pumping in large sums of money in building up its textiles and clothing
industry, the Indian industry has shown complacency and distinct lack of
enterprise. China‘s industry also has a cost advantage and better
infrastructure. Therefore, many experts have argued that India will lose out
the race to China.
1. The Cotton Ginning and Pressing factories Act, 1925 enacted on the
8th day of August, 1925 provided for periodical filing of returns, maintenance
of registers, marking of bales and other rule making powers for the Central
and State Governments for the purpose of regulating the ginning and pressing
factories.
263
3. The repeal will also provide a thrust and incentive to the modernisation
efforts in the cotton ginning and pressing sector to ensure quality processing
of cotton and charging remunerative price for the service provided for.
Te jute industry is one of the oldest in the country. The first power-
driven jute mill was established in the country at rishra near Kolkata in 1859
and since then the industry has made rapid progress. Most o the development
of the jute industry has taken place in Bengal. The partition of the country
gave a set-back to the industry as major jute growing areas went over to
Bangladesh. in fact, only 25 per cent of jute growing areas were left within the
country. Therefore, the government made concerted efforts to increase the
production of raw jute within the country. As a result, area under jute
increased from 6.52 lakh acres in 1947-48 to 1.4 million acres by 1950-51 and
the output of raw jute rose from 1.6 million bales to 3.3 million bales over the
same period. Production of mesta was also encouraged to be used in mixture
with jute. The total area under jute and mesta stood at 0.9 million hectares in
2008-09 and their production stood at 10.4 million bales. The production of
jute and mesta textiles increased form 837 thousand tones in 1950-51 to
1,074 thousand tones in 1981-82 and further to 1,369 thousand tones in
2008-09. Globally, India is the largest producer and second largest exporter of
jute goods and this sector provides employment to 40 lakh farm families, as
well as direct and indirect employment to 4 lakh workers. There are 77 jute
mills in the country of which 60 are in West Bengal.
264
its peak in 2001-02, which it touched 1.5 million tones, tones. Subsequently it
kept falling in the next five years to 1.1 million tones basically due to the use
of synthetic products. In the international market, adoption of new techniques
of transportation and discovery of synthetic substitutes has reduced the
demand for jute goods.
265
the approval of the BIFR (Board for Industrial and Financial Reconstruction).
Faced with this peculiar situation, the jute industry has no resources to
undertake large-scale modernization and rehabilitation programmes. In fact,
as noted by A.V.Krishnan, the industry is carrying a large surplus labour force
of which a substantial number has already reached the retirement age but te
industry is finding itself unable to retire them due to paucity of funds. 9
266
standards, some top car manufacturers in Germany have plants to use it. Jute
is also being used increasingly as a soil saver. This can help jute in
recapturing the export markets.
267
and was allowed to be sold in the market at the ruling prices. The most
important objective of the new policy of partial decontrol was to eliminate
black marketing and bring down the price in the free market. The government
intended to fully dismantle the controls and, keeping this end in view,
liquidated the levy system in a phased manner. The 1989 Budged announced
total decontrol of cement. Thus, from a phase of total controls, the cement
industry passed through a phase of total decontrol in March 1989. The
cement industry was delicensed in 1991. The industry responded favorably to
the government initiatives and the production capacity increased from 29
million tones in 1982 to 113 million tones in 1999-2000 – an expansion of 84
million tones in just 18 years. At present, there are 159 large cement plants in
the country with an installed capacity of 163.45 million tones per annum.
Besides, there are about 332 mini-cement plants with an estimated installed
capacity or 11.10 million tones per annum. The production of cement was 21
million tones in 1981-82. This rose to 45.8 million tones in 1989-90 and 181.4
million tones in 2008-09 – a substantial expansion by all means. Now India is
the second largest producer of cement in the world after China. However, it is
distant second.
268
mini cement plants in India are located in Andhra Pradesh, Karnataka,
Madhya Pradesh, Gujarat and Rajasthan.
The above brief discussion shows that the cement scenario has
undergone a sea change – from that of shortages and premiums just a few
years ago to that of surplus production now. However, this surplus production
has brought in its wake new problems like cut-throat competition,
unremunerative prices and deepening financial crisis. The main problems of
the cement industry are outlined below.
269
to the burden in other countries making the Indian cement industry
internationally uncompetitive.
270
railways, but due to shortage of wagons, cement dispatches by rail have
declined over the years. The Indian Railways has introduced an ‗Own Your
Wagon (OYW) Scheme‘ wherein cement companies have been allowed to
purchase wagons. This has led to some marginal improvement and has
enabled the cement companies to tide over distribution bottlenecks. However,
the increased distribution cost is forcing companies to pass the costs to the
customers.
5. Demand constraints. Till the year 1990-91, the demand for cement
was mainly dependent on government spending as the government with a 40
per cent off take was the single largest consumer of cement. However, due to
financial constraints, the government was forced to cut down on a wide range
of developmental activities. This resulted in a demand constraint. In recent
years, the policy of liberalisation and the opening up of the infrastructure
sector to the private sector and the foreign sector, have given a push to the
demand for cement. NHDP (National Highway Development Programme)
alone has been estimated to generate demand for 10 million tones of cement.
The growth of the housing sector, which has been assisted by lower interest
rates, and a favorable tax treatment of home loans, has also helped assist
cement demand. As a consequence, massive investments in the setting up of
new units and expansion of existing units in the cement industry have taken
place in recent years pushing up the production capacity and actual
production level of cement considerably.
6. Underutilization of capacity.
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7. Cement Technology
For a long period of time, many cement plants have used the
uneconomical wet process technology. Due to the high labour and
maintenance costs and smaller size, these plants had a high cost of
production. Their obsolete technology also resulted in a lot of wastage of coal
and electricity. In recent years, there has been a gradual shift from wet to
modern, fuel efficient dry process plants. Most of the new plants have adopted
state-of-the-art technology and have been implementing modernization
programmes to improve the performance of existing plants. This has resulted
in better capacity utilization, higher productivity, reduced energy consumption
and better quality of cement (comparable to the best in the world).
The Eleventh Five Year Plan targets a capacity addition of 118 million
tones during the Plan period (2007-12) This would require a total investment
of rs.52,400 crore.19
NOTES
272
9. A.V.Krishnan, ―Jute: Value Addition, Main Hope,‖ The Hindu: Survey of
India Industry, 19996, p.379.
14. Latha Jishnu, ―Too Little, Too Late,‖ Businessworld, November, 15,
2004, pp. 32-3; and Ashok V. Desai, ―Textiles Will Fail Us – and Why?‖
Businessworld, October 18, 2004, p.26.
273
7.5.5 Iron and Steel
Further illustrating this plan is the fact that a number of steel plants
were established in India, with technological assistance and investments by
foreign countries.
Yet another reform for India‘s steel industry came in 1992, when every
type of control over the pricing and distribution system was removed, making
the modern Indian Steel Industry extremely efficient, as well as competitive.
274
Additionally, numbers of other government measures have stimulated
the growth of the steel industry, coming in the form of an unrestricted external
trade, low import duties, and an easy tax structure.
In 1992, the total consumption of finished steel was 14.84 million tones.
In 2008, the total amount of domestic steel consumption was 43.925 million
tones. With the increased demand in the national market, a huge part of the
international market is also served by this industry. Today, India is in seventh
position among all the crude steel producing countries.
275
in the public sector, now known as the Visveswaraya Iron and Steel Works
Ltd., started functioning at Bhadravati in 1923.
The three steel plants set up in the public sector came into operation in
stages between 1959 and 1962. The Third Plan placed emphasis on
expansion of these plants and the setting up on a new steel works at Bokaro.
The Fourth Plan steel programme was based on the maximum utilization of
steel capacity and preparation of plans to set up three new steel plants at
Salem in Tamil Nadu, Vijaynagar in Karnataka and Visakhapatnam in Andhra
Pradesh. The Bokaro Steel Plan was commissioned on February 26,1978.
With this the total installed ingot capacity which stood at 8.9 million tones on
March 31, 1974, increased to 11.6 million tones as on March 31, 1980. The
government also took over the management of IISCO in 1972 and acquired its
ownership in 1976 to improve its working.
Prior to 1973, of the four steel plants in the public sector, the plants at
Bhilai, Rourkela and Durgapur were owned and managed by the Hindustan
steel Limited (HSL) and the Bokaro Steel Plant by Bokaro Steel Limited
(BSL), In 1973, the government set up the Steel Authority of India Ltd. (SAIL).
HSL and BSL became the wholly owned subsidiaries of sail. The
management of IISCO is also under SAIL. Visvesvaraya Iron and Steel Ltd.
276
was taken over by SAIL in August 1989. Thus SAIL is now the main
integrated steel company. Vishakhaptam Steel Plant of Rashtriya Ispat Nigam
Ltd. (RINL), was commissioned in July 1992. It is the best laid out steel plant
in the country with a capacity of three million tones. In the private sector, Tata
Iron and steel Company (TISCO) is the first integrated steel plant. It is located
at Jamshedpur. Other important players in the private sector are Essar,
Mukand (having the biggest mini steel plant in the country), Lloyds, Jindal,
Nippon Denro Ispat Ltd., Mahindra Ugine Steel Company Ltd., FACOR,
Mardia Steel Ltd., etc. India is now the fifth largest crude steel producing
country in the world. This sector represents around Rs.90,000 crore of capital
and directly provided employment to over five lakh people.
Iron and steel industry was reserved for the public sector in the 1956
Industrial Policy Resolution which had stated that while existing units in the
private sector would be allowed to continue and expand, new units will be set
up in the public sector only. However, due to acute shortage of steel in 1960s
and 1970s and increase in the demand of steel by the re-rolling and
engineering industries, the government liberalised the steel policy. The
process of liberalisation initiated in 1983 has been progressively extended. In
1986 private sector was allowed to produce steel using EAF (Electric Arc
Furnace) process. Small blast furnaces were allowed only if they used
optimum energy. In February 1988, expansion of units was permitted within n
overall capacity ceiling of upto 250,000 tonnes per annum. The enhancement
of capacity upto 150 per cent of the existing licensed capacity was allowed
within the overall ceiling limit. However, certain conditions were imposed.
277
substantial liberalisation measures in July 1991, the government removed the
iron and steel industry form the list of industries reserved for the public sector
and also exempted it from the provision of compulsory licensing. The
government also abolished price and distribution controls on iron and steel
manufactured by integrated steel plants with effect from January 16, 1992.
The Freight Equalization Scheme was also withdrawn. The iron and steel
sector is now almost entirely open with no sectoral reservations, with no
licensing, pricing, distribution and import controls. This is a radical departure
for an industry which has experienced near exclusive public sector monopoly,
canalized imports, protective import tariffs and government regulated
domestic prices.
278
1. Rise in input costs. Raw materials such as iron ore and coal
constitute on average 70 per cent of the total costs of steel companies. In
2005-06, prices of iron ore costs of steel companies. In 2005-06, prices of iron
ore shot up by 71 per cent and coal by 50 per cent. As a result, a third of the
large steel players‘ profits were wiped out.1 In 2008-09, the Indian iron and
steel industry was hit hard by the spiraling cost of imported coking
coal/metcoke.
279
Japanese Furance. Similarly, the tap-to-tap time in the blast furnace in the
TISCO plant has been in the range of 70-136 minutes while the same is 20-30
minutes in a Japanese firm. Not only in material value productivity, even in
terms of labour productivity, has Indian steel industry lagged considerably
behind the developed countries. While labour productivity in Indian stele
industry ranges between 39 tonnes per man year to 228 tonnes per man year,
it ranges between 300-500 tonnes per man year in the steel industry of
industrialized countries.3 It is also due to technological obsolescence that
energy consumption in Indian steel mills still continues to be considerably
higher than in steel mills of the developed countries. For instance, while
energy constitutes about 20 per cent or one-fifth of the total cost of steel
making in the latter, it is as high as 33 per cent (almost one-third) of the total
cost of steel making in India.
5. The demand constraint. The steel industry has faced rough time
during a number of recent years due to a slump in demand following reduction
in government‘s planned expenditure, lack of investment in the housing and
infrastructure sectors, and additional capacity creation based on assumed
growth in consumption which did not materialize. As a result, there was huge
piling up of inventories resulting in downward pressure on prices and deep
erosion in the profitability of the steel producers. The latest instance of this
was the latter half of the year 2008-09 when the domestic demand for steel
was adversely impacted by economic slowdown and, in particular, by
slackening demand in some of its leading end-use segments. As a result,
domestic steel prices started declining from September 2008 and the pace of
growth of production slowed down considerably.
280
6. Menace of dumping. Already in distress over the failure of domestic
demand to increase, the misery of the Indian steel industry was compounded
by the alarming downtrend in international price during the late 1990s. In
respect of certain steel products, the decline in prices was as much as 40 to
40 per cent. This led to unhealthy practices like dumping which pulled down
domestic prices and eroded the bottom-line of the local steel markers. The
lower tariff regime in the current era of liberalisation and the unrestricted
import of all iron and steel material under the new export-import policy made
things worse for the domestic producers of steel. What is more worrying is the
fact that seconds and defective grades of steel were dumped into the
economy. These were no match to the quality products turned out by the
Indian steel mills but spoiled the market of domestic steel markers.
The Eleventh Five Year Plan has listed the problems faced by the steel
industry as follows : ―depleting iron ore resources, inadequate availability of
coal, inadequate sintering and pelletization capacities and poor transport
infrastructure for movement of raw materials.‖ Outlay for the steel sector in the
Eleventh Plan has been kept at Rs.37,318 crore.
To face the problems mentioned above, the Indian steel industry has
adopted a multi-pronged strategy consisting of the following steps;
281
from the market. Now it is setting up a 3 million-tonne hot-rolled steel
manufacturing plant in Orissa. Another area of backward integration is power.
For example, in 2005-06 JSW commissioned a 100-MW captive power plant
in Vijayanagar which helped reduced power costs by nearly 25 per cent.
282
effectively, However, as correctly pointed out by Economic and Political
Weekly, success on all these fronts is suspect. For example, it is not clear
how the government can boost the domestic demand for steel with the FRBM
(Fiscal Responsibility and Budget Management) Act in place and neo-liberal
ideology dictating fiscal conservatism. As far as doing away with supply side
constraints is concerned, this would imply heavy financial assistance and
commitments to private sector capitalists who decide to invest (particularly
due to the capital intensive nature of the steel industry). This would put
pressure on the resources of financial institutions and push up their non-
performing assets (this is what happened in the first half of 1990s when initial
deregulation of the steel industry had led to a surge of investments in the
sector). As far as ―managing‖ the external environment is concerned, the NSP
has no strategy in place. It has nothing concrete to say about how India plans
to deal with steel-industry related subsidies, dumping, and the filing of anti-
dumping and countervailing duty cases. Overall the NSP simply lacks
substance.
The origin of oil & gas industry in India can be traced back to 1867
when oil was struck at Makum near Margherita in Assam. At the time of
Independence in 1947, the Oil & Gas industry was controlled by international
22
www.petroleum.nic.com.
283
companies. India's domestic oil production was just 250,000 tonnes per
annum and the entire production was from one state - Assam.
The foundation of the Oil & Gas Industry in India was laid by the
Industrial Policy Resolution, 1954, when the government announced that
petroleum would be the core sector industry. In pursuance of the Industrial
Policy Resolution, 1954, Government-owned National Oil Companies ONGC
(Oil & Natural Gas Commission), IOC (Indian Oil Corporation), and OIL (Oil
India Ltd.) were formed. ONGC was formed as a Directorate in 1955, and
became a Commission in 1956. In 1958, Indian Refineries Ltd, a government
company was set up. In 1959, for marketing of petroleum products, the
government set up another company called Indian Refineries Ltd. In 1964,
Indian Refineries Ltd was merged with Indian Oil Company Ltd. to form Indian
Oil Corporation Ltd.
In 1984, Gas Authority of India Ltd. (GAIL) was set up to look after
transportation, processing and marketing of natural gas and natural gas
liquids. GAIL has been instrumental in the laying of a 1700 km-long gas
pipeline (HBJ pipeline) from Hazira in Gujarat to Jagdishpur in Uttar Pradesh,
passing through Rajasthan and Madhya Pradesh.
284
country comprising 17 in the Public Sector, one in the private sector. The 17
Public sector refineries are located at Guwahati, Barauni, Koyali, Haldia,
Mathura, Digboi, Panipat, Vishakapatnam, Chennai, Nagapatinam, Kochi,
Bongaigaon, Numaligarh, Mangalore, Tatipaka, and two refineries in Mumbai.
The private sector refinery built by Reliance Petroleum Ltd is in Jamnagar. It
is the biggest oil refinery in Asia.
By the end of 1980s, the petroleum sector was in the doldrums. Oil
production had begun to decline whereas there was a steady increase in
consumption and domestic oil production was able to meet only about 35% of
the domestic requirement. The situation was further compounded by the
resource crunch in early 1990s. The Government had no money for the
development of some of the then newly discovered fields (Gandhar, Heera
Phase-II and III, Neelam, Ravva, Panna, Mukta, Tapti, Lakwa Phase-II,
Geleki, Bombay High Final Development schemes etc. This forced the
Government to go for the petroleum sector reforms which had become
inevitable if India had to attract funds and technology from abroad into the
petroleum sector.
285
Liberalisation Of Indian Economy Its Impact On Indian Oil & Gas
Sector
1. Liberalisation of Indian Economy & Its Impact On Indian Oil & Gas
Sector.
4. The central pillar of the policy was import substitution, the belief that
India needed to rely on internal markets for development, not
international trade — a belief generated by a mixture of socialism and
the experience of colonial exploitation.
5. The problems steadily mounted and in 1991, the economy stood on the
verge of collapse due to an acute foreign exchange shortage crisis.
6. In 1991, after the International Monetary Fund (IMF) had bailed out the
bankrupt state, the government of P.V. NarasimhaRao and his finance
minister Manmohan Singh started breakthrough reforms.
286
Ministry of Environment and Forests, the Department of Atomic
Energy, and the Ministry of Power.
10. Under the Ministry of Petroleum and Natural Gas are the Directorate
General of Hydrocarbons (DGH) and the Oil Coordination Committee.
14. State-owned companies like the Oil and Natural Gas Corporation
(ONGC) and Oil India Limited (OIL), which manage exploration and
production activities, and the Indian Oil Corporation (IOC), which
secures oil from abroad, also help shape the direction of energy policy.
18. The study suggests, among other things, that India revise foreign
ownership regulations for refinery operations to allow 100% foreign
ownership.
19. The study calls for elimination of government subsidies for petroleum
over the course of the next 3-5 years.
287
20. The government is being encouraged to allow domestic gas prices to
float to international levels which would affect the 25% of the gas
market that is protected by government price controls.
21. Furthermore, the study set down a goal to supply 90% of India‘s
petroleum and diesel needs from domestic sources.
22. India suffers from low drilling recovery rates. Recovery rates in Indian
fields average only about 30%, well below the world average. The
government hopes one of the benefits to opening up the energy
industry to foreign companies will be access to better technology which
will help improve recovery rates.
24. Foreign firms were initially hesitant to bid on oil exploration rights, and
as a result no bids were received from foreign energy companies in
1999. However, by early 2000 India had awarded 25 oil exploration
blocks. The largest contract went to Reliance Industries of India, which
together with Niko Resources of Canada, won 12 oil exploration blocks.
26. Indian companies have become active in other oil projects in Asia,
Sudan, Australia, and Russia. In early 1999, IOC and ONGC formed a
strategic alliance designed to improve the international competitiveness
of both firms.
288
28. India is becoming a major global market for petroleum products.
Consumption of petroleum products rose from 57 million tons in 1991-
1992 to 107 million tons in 2000.
29. The India Hydrocarbon Vision 2025 report estimates future refinery
demand at 368 million tons by 2025.
30. For India to meet its ambitious refinery expansion goals it will need
help from multinationals and private Indian companies.
31. The main focus of a liberalization program that began in the mid-
nineties has been greater access to the refinery sector for private
companies and a green light for joint ventures with state-run
enterprises.
32. One approach has been tax breaks such as granting plants completed
by 2003 a five-year tax holiday.
33. Regulatory reform has entered into the picture, allowing foreign firms
that invest in excess of $400 million in refinery operations to sell refined
products.
289
Petrol and Diesel prices deregulated in India
The crude oil costs $79 a barrel (159 Litres). Since this has to be
transported to India via the marine root, there is a shipping cost. Let‘s say it‘s
something like 10%. Since the import duty on crude oil was waived sometime
back, let us not count that part. Hence by the time the crude arrives in India, it
is already costing something like $85 per 159L.
Since almost 100% of the crude is refined into some product or other,
we can calculate the raw material cost of producing 72L or petrol as 45.4% of
the price of crude barrel.
Hence 72L petrol‘s material cost alone is 3910 * 45.4 / 100 = Rs.
1775.00
The following are the other additional expense before you can
consume the petrol at your favorite gas station:
Excise duty
Education tax
291
VAT
Dealer commission
Essentially, one litre of petrol, by the time it reaches the petrol filling
stations, is costing you already Rs. 57/- without any profit added to the
petroleum marketing companies. Obviously most of these companies are
state run companies and hence cannot afford to reap 100% profit. Let‘s turn
our back on them and tell them that you can make say 20% profit. And if you
add that your 1L of petrol should actually cost you around Rs. 68/-
Now, aren‘t you really lucky that it‘s available below Rs.60/- even with
the latest hike in petrol prices?
Subsidy woes
The story is not over yet. One needs to do similar calculations for other
products such as diesel, aviation fuel, kerosene and LPG. Unfortunately
diesel is the primary thing that fuel public transport and distribution system in
India and kerosene – LPG are house hold lifesavers when it comes to cooking
purposes. In order to curb the inflation and protect the below poverty line
people, the government has to subsidize it big time. A part of this subsidy cost
is absorbed by the government while the oil marketing companies bear the
other half. This puts some pressure on the government to increase taxes on
luxury consumption sectors such as airlines by increasing aviation or jet fuel
prices. They are also taxed heavily which is mainly borne by the rich or upper
middle class people in India.
292
Why deregulation of petrol prices is good?
This will also bring in big private players (e.g. Reliance) into the petrol
marketing game. Remember that companies like Shell and Reliance used to
provide excellent quality of petrol and service until Reliance pumps were
forced to close down due to government regulations. This kind of competition
will eventually bring in good service, good quality and in the future competitive
pricing as well. The immediate woes will be compensated in the mid term –
that‘s my strong belief.
In the long term, there are several viable solutions that needs to be
done from the sourcing point to distribution and consumption.
293
There are possibilities of under sea pipes (just like the one we were
planning with Iran for gas sourcing) from the vendor nation to India to reduce
shipping cost. This has a very good long term positive impact though initial
cost of incorporation is high.
Oil
India had about 5.6 billion barrels (890,000,000 m3) of proven oil
reserves as of January 2007, which is the second-largest amount in the Asia-
Pacific region behind China. Most of India's crude oil reserves are located in
the western coast (Mumbai High) and in the northeastern parts of the country,
although considerable undeveloped reserves are also located in the offshore
Bay of Bengal and in the state of Rajasthan.
294
Sector organisation
Natural gas
As per the Oil and Gas Journal, India had 38 trillion cubic feet (Tcf) of
confirmed natural gas reserves as of January 2007. A huge mass of India‘s
natural gas production comes from the western offshore regions, particularly
the Mumbai High complex. The onshore fields in Assam, Andhra Pradesh,
and Gujarat states are also major producers of natural gas. As per EIA data,
India produced 996 billion cubic feet (Bcf) of natural gas in 2004.
Sector Organization
As in the oil sector, India‘s state-owned companies account for the bulk
of natural gas production. ONGC and Oil India Ltd. (OIL) are the leading
295
companies with respect to production volume, while some foreign companies
take part in upstream developments in joint-ventures and production sharing
contracts (PSCs). Reliance Industries, a privately-owned Indian company, will
also have a bigger role in the natural gas sector as a result of a large natural
gas find in 2002 in the Krishna Godavari basin.
Final thoughts
I think our citizens (and even people from rest of the world) are
misusing petroleum products and this kind of abuse needs to be first
controlled via price hikes and then by introducing alternate energy options and
technologies to optimize the usage. There is a lot of scope for India to take
out those old, fuel inefficient vehicles from our roads. I think the taxation
needs to be restructured so that people and families who own more than one
vehicle should be taxed more. There can be several other long term steps to
improve the overall situation but please remember that at the end of it the
petrol will anyhow get exhausted.
And a request to our great politicians who always oppose what the
government is trying to implement. If you are really with the people of India,
please come up with real practical suggestions to improve the situation. It
wouldn‘t be too long before you will be stone-pelt by the younger generation
for preventing them an opportunity to live in a developed country by 2020.
296
while you still prefer to drive to office alone in a 5, 10 or 15 lakh car?. More
over I haven‘t seen you cribbing while spending 1000 rupees for a dinner or
while buying a shirt worth 1500 rupees.
The history of civil aviation in India started with its first commercial flight
on February 18, 1911. It was a journey from Allahabad to Naini made by a
French pilot Monseigneur Piguet covering a distance of about 10 km. Since
then efforts were on to improve the health of India's Civil Aviation Industry.
The first domestic air route between Karachi and Delhi was opened in
December 1912 by the Indian State Air Services in collaboration with the
Imperial Airways, UK as an extension of London-Karachi flight of the Imperial
Airways.
297
up a joint sector company, Air India International, in early 1948. With an initial
investment of Rs. 2 crore and a fleet of three Lockheed constellation aircrafts,
Air India started its journey in the Indian aviation sector on June 8, 1948 in
Mumbai (Bombay)-London air route.
For many years since its inception the Indian Aviation Industry was
plagued by inappropriate regulatory and operational procedures resulting in
either excessive or no competition. Nationalization of Indian Airlines (IA) in
1953 brought the domestic civil aviation sector under the purview of Indian
Government. Government's intervention in this sector was meant for removing
the operational limitations arising out of excess competition.
Air transportation in India now comes under the direct control of the
Department of Civil Aviation, a part of the Ministry of Civil Aviation and
Tourism of Government of India.
Aviation by its very nature constitutes the elitist part of our country's
infrastructure. This sector has substantial contribution towards the
development of country's trade and tourism, providing easier access to the
areas full of natural beauty. It therefore acts as a stimulus for country's growth
and economic prosperity.
The 1978 Airline Deregulation Act partially shifted control over air travel
from the political to the market sphere. The Civil Aeronautics Board (CAB),
which had previously controlled entry, exit, and the pricing of airline services,
as well as intercarrier agreements, mergers, and consumer issues, was
phased out under the CAB Sunset Act and expired officially on December 31,
1984. The economic liberalization of air travel was part of a series of
―deregulation‖ moves based on the growing realization that a politically
controlled economy served no continuing public interest. U.S. deregulation
has been part of a greater global airline liberalization trend, especially in Asia,
Latin America, and the EUROPEAN UNION.
298
The flows are the mobile system elements: the airplanes, the trains, the
power, the messages, and so on. The grid is the infrastructure over which
these flows move: the airports and air traffic control system, the tracks and
stations, the wires and cables, the electromagnetic spectrum, and so on.
Network EFFICIENCY depends critically on the close coordination of grid and
flow operating and INVESTMENT decisions.
Airline deregulation was a monumental event. Its effects are still being
felt today, as low-cost carriers (LCCs) challenge the ―legacy‖ airlines that were
in existence before deregulation (American, United, Continental, Northwest,
US Air, and Delta). Indeed, the airline industry is experiencing a paradigm
shift that reflects the ongoing effects of deregulation. Although deregulation
affected the flows of air travel, the infrastructure grid remains subject to
government control and economic distortions. Thus, airlines were only
partially deregulated.
Even the partial freeing of the air travel sector has had overwhelmingly
positive results. Air travel has dramatically increased and prices have fallen.
After deregulation, airlines reconfigured their routes and equipment, making
possible improvements in capacity utilization. These efficiency effects
democratized air travel, making it more accessible to the general public.
299
Airfares, when adjusted for INFLATION, have fallen 25 percent since
1991, and, according to Clifford Winston and Steven Morrison of the
Brookings Institution, are 22 percent lower than they would have been had
regulation continued (Morrison and Winston 2000). Since passenger
deregulation in 1978, airline prices have fallen 44.9 percent in real terms
according to the Air Transport Association. Robert Crandall and Jerry Ellig
(1997) estimated that when figures are adjusted for changes in quality and
amenities, passengers save $19.4 billion dollars per year from airline
deregulation. These SAVINGs have been passed on to 80 percent of
passengers accounting for 85 percent of passenger miles. The real benefits of
airline deregulation are being felt today as never before, with LCCs
increasingly gaining market share.
The dollar savings are a direct result of allowing airlines the freedom to
innovate in routes and pricing. After deregulation, the airlines quickly moved
to a hub-and-spoke system, whereby an airline selected some airport (the
hub) as the destination point for flights from a number of origination cities (the
spokes). Because the size of the planes used varied according to the travel
on that spoke, and since hubs allowed passenger travel to be consolidated in
―transfer stations,‖ capacity utilization (―load factors‖) increased, allowing fare
reduction. The hub-and-spoke model survives among the legacy carriers, but
the LCCs—now 30 percent of the market—typically fly point to point. The
network hubs model offers consumers more convenience for routes, but point-
to-point routes have proven less costly for airlines to implement. Over time,
the legacy carriers and the LCCs will likely use some combination of point-to-
point and network hubs to capture both economies of scope and pricing
advantages.
The rigid fares of the regulatory era have given way to today‘s
competitive price market. After deregulation, the airlines created highly
complex pricing models that include the service quality/price sensitivity of
various air travelers and offer differential fare/service quality packages
designed for each. The new LCCs, however, have far simpler price
structures—the product of consumers‘ (especially business travelers‘)
300
demand for low prices, increased price transparency from online Web sites,
and decreased reliance on travel agencies.
As prices have decreased, air travel has exploded. The total number of
passengers that fly annually has more than doubled since 1978. Travelers
now have more convenient travel options with greater flight frequency and
more nonstop flights. Fewer passengers must change airlines to make a
connection, resulting in better travel coordination and higher customer
satisfaction.
The airlines have not found it easy to maintain profitability. The industry
as a whole was profitable through most of the economic boom of the 1990s.
As the national economy slowed in 2000, so did profitability for the legacy
airlines. Consumers became more price-sensitive and gravitated toward the
lower-cost carriers. High labor costs and the network hub business model hurt
legacy airlines‘ competitiveness. Hub-and-spoke systems decreased unit
costs but created high fixed costs that required larger terminals, investments
in INFORMATION technology systems, and intricate revenue management
systems. The LCCs have thus far successfully competed on price due to
301
lower hourly employee wages, higher PRODUCTIVITY, and no pension deficits. It
remains to be seen whether the LCC cost and labor structures will change
over time.
The Air Transport Association reports that the U.S. airline industry
experienced net losses of $23.2 billion from 2001 through 2003, though the
LCCs largely remained profitable. While the September 11, 2001, terrorist
attack and its aftermath are a major factor in the industry‘s hardships, they
only accelerated an already developing trend within the industry. The industry
was experiencing net operating losses for many reasons, including the mild
recession, severe acute respiratory syndrome (SARS), and the increase in
LCC services and the decline in business fares relied on by legacy carriers.
Higher fuel prices, residual labor union problems, fears of terrorism, and the
intrusive measures that government now uses to clear travelers through
security checkpoints are further drags on the industry.
302
management, and other business practices are themselves high barriers to
restructuring, these difficulties are magnified by antitrust regulatory hurdles.
Cabotage restrictions, discussed below, also limit competition.
Reservation Systems
A network can be efficient only if the flows and the grid interact
smoothly. The massive expansion of air travel should have resulted in
comparable expansions—either in the physical infrastructure or in more
sophisticated grid management. Government management of the air travel
grid has resulted in political compromises that cause friction with the smooth
flow across the grid. Flight delays are increasing due to a lack of aviation
infrastructure and the failure to allocate air capacity efficiently. The Air
Transport Association estimates that delays cost airlines and passengers
303
more than five billion dollars per year due to the increased costs for aircraft
operation and ground personnel and loss of passengers‘ time. The FAA
predicts that the number of passengers will increase by 60 percent and that
cargo volume will double by 2010.
Airports
Air traffic control involves the allocation of capacity and has a complex
history of government management. Unfortunately, the Federal Aviation
Administration (FAA), which manages air traffic control, made bad upgrading
decisions. The advanced system funded by the FAA was more than a decade
late and never performed as hoped. The result was that the airline expansion
was not met by an expanded grid, and congestion occurred.
Better technology for air traffic control will help efficient navigation and
routings. Global Positioning System (GPS) navigation technology holds great
promise for more precise flight paths, allowing for increased airplane traffic.
Ultimately, however, a privately managed system that allows for better
304
coordination of airline investment and operation decisions will be necessary to
ease congestion. Air traffic control operation is a business function distinct
from the regulation of air traffic safety. Using pricing mechanisms to allocate
the scarce resource of air traffic capacity would reduce congestion and more
efficiently allocate resources.
Airport Access
FAA rules that limit the number of hourly takeoffs and landings—called
―slot‖ controls—were adopted in 1968 as a temporary measure to deal with
congestion and delays at major airports. These artificial capacity limitations—
known as the high density rule—still exist at JFK, LaGuardia, and Reagan
National. However, limiting supply through governmental fiat is a crude form
of demand management. Allowing increased capacity and congestion pricing,
and allowing major airports to use their slots to favor larger aircraft, would
lead to better results.
305
Remaining International and Economic Rules
International Competition
National Ownership
306
obtain a certificate of public convenience and necessity, a prerequisite for
operation as a domestic carrier.
The main thrust of the plan was on making civil aviation sector
financially self sustaining. From this point of view, efforts to generate larger
internal resources are being made. The civil aviation sector has recently been
opened up to private sector and private airlines have captured substantial
share of this traffic on trunk routes. Under the Ninth Plan, it was proposed to
provide adequate capacity in air transport operations. The objective was also
to ensure healthy competition between the private and the public sector.
307
a massive expansion in air transport services during this Plan due to opening
up of domestic skies to private carriers. Important developments in the airline
and airport sector included : (1) modernization and restructuring of Delhi and
Mumbai airports launched through joint venture companies; (2) development
of Greenfield airports at Bangalore and Hyderabad on a Build-Own-Operate-
Transfer basis with PPP (public-private partnership); (2) approval of
modernization of 35 non-metro airports and 13 other airports to world-class
standards in phases; (4)liberalization of FDI (foreign direct investment) limit
upto 100 per cent through automatic route for setting up Greenfield airports;
(5) acquisition of modern and technologically advanced aircraft for Air India
Ltd., Air India Charters Ltd., and Indian Airlines Limited; (6) liberalization of
bilateral air services agreement in line with the contemporary developments in
international civil aviation sector; (7) adoption of a limited Open Sky Policy in
international travel to meet the traffic demand during peak season; and (8)
adoption of trade facilitation measures in custom procedures to facilitate
speedy clearance of air cargo.
The Eleventh Plan has laid down the following objectives for the civil
aviation sector: (i) providing world class infrastructure facilities; (ii) providing
safe, reliable and affordable air services so as to encourage growth in
passenger and cargo traffic; and (iii) providing air connectivity to remote and
inaccessible areas with special reference to north-eastern part of the country.
The total projected outlay for the Ministry of Civil Aviation in the Eleventh Plan
has been kept at Rs.43,560 crore at 2006-07 prices.
Air India and Indian Airlines operating in the international secotr and
domestic sector respectively since 1953 are both in the public sector. They
enjoyed monopoly statues for a considerable period of time. However, in
recent years, a larger number of private sector companies have entered the
civil aviation sector as the government has ended the monopoly of Air India
and Indian Airlines by repealing the Air Corporation Act, 1953. Air India and
Indian Airlines were merged on August 27, 2007 to form National Aviation
Company of India Ltd. (NACIL). Presently, there are three companies in the
public sector – NACIL, Air India Charters Ltd., and Alliance Air. In addition,
308
there are seven private scheduled operators. A new category of scheduled
airlines i.e., Scheduled Air Transport (Regional) services has been introduced
to enhance connectivity to smaller cities and within a region. Two cargo
airlines are also operating scheduled cargo services in the country.
The main thrust of the plan was on making civil aviation sector
financially self sustaining. From this point of view, efforts to generate larger
internal resources are being made. The civil aviation sector has recently been
opened up to private sector and private airlines have captured substantial
share of this traffic on trunk routes. Under the Ninth Plan, it was proposed to
provide adequate capacity in air transport operations. The objective was also
to ensure healthy competition between the private and the public sector.
The Eleventh Plan has laid down the following objectives for the civil
aviation sector: (i) providing world class infrastructure facilities; (ii) providing
safe, reliable and affordable air services so as to encourage growth in
309
passenger and cargo traffic; and (iii) providing air connectivity to remote and
inaccessible areas with special reference to north-eastern part of the country.
The total projected outlay for the Ministry of Civil Aviation in the Eleventh Plan
has been kept at Rs.43,560 crore at 2006-07 prices.
Air India and Indian Airlines operating in the international secotr and
domestic sector respectively since 1953 are both in the public sector. They
enjoyed monopoly statues for a considerable period of time. However, in
recent years, a larger number of private sector companies have entered the
civil aviation sector as the government has ended the monopoly of Air India
and Indian Airlines by repealing the Air Corporation Act, 1953. Air India and
Indian Airlines were merged on August 27, 2007 to form National Aviation
Company of India Ltd. (NACIL). Presently, there are three companies in the
public sector – NACIL, Air India Charters Ltd., and Alliance Air. In addition,
there are seven private scheduled operators. A new category of scheduled
airlines i.e., Scheduled Air Transport (Regional) services has been introduced
to enhance connectivity to smaller cities and within a region. Two cargo
airlines are also operating scheduled cargo services in the country.
The main thrust of the plan was on making civil aviation sector
financially self sustaining. From this point of view, efforts to generate larger
internal resources are being made. The civil aviation sector has recently been
opened up to private sector and private airlines have captured substantial
share of this traffic on trunk routes. Under the Ninth Plan, it was proposed to
provide adequate capacity in air transport operations. The objective was also
to ensure healthy competition between the private and the public sector.
310
modernization of 35 non-metro airports and 13 other airports to world-class
standards in phases; (4)liberalization of FDI (foreign direct investment) limit
upto 100 per cent through automatic route for setting up Greenfield airports;
(5) acquisition of modern and technologically advanced aircraft for Air India
Ltd., Air India Charters Ltd., and Indian Airlines Limited; (6) liberalization of
bilateral air services agreement in line with the contemporary developments in
international civil aviation sector; (7) adoption of a limited Open Sky Policy in
international travel to meet the traffic demand during peak season; and (8)
adoption of trade facilitation measures in custom procedures to facilitate
speedy clearance of air cargo.
The Eleventh Plan has laid down the following objectives for the civil
aviation sector: (i) providing world class infrastructure facilities; (ii) providing
safe, reliable and affordable air services so as to encourage growth in
passenger and cargo traffic; and (iii) providing air connectivity to remote and
inaccessible areas with special reference to north-eastern part of the country.
The total projected outlay for the Ministry of Civil Aviation in the Eleventh Plan
has been kept at Rs.43,560 crore at 2006-07 prices.
Air India and Indian Airlines operating in the international secotr and
domestic sector respectively since 1953 are both in the public sector. They
enjoyed monopoly statues for a considerable period of time. However, in
recent years, a larger number of private sector companies have entered the
civil aviation sector as the government has ended the monopoly of Air India
and Indian Airlines by repealing the Air Corporation Act, 1953. Air India and
Indian Airlines were merged on August 27, 2007 to form National Aviation
Company of India Ltd. (NACIL). Presently, there are three companies in the
public sector – NACIL, Air India Charters Ltd., and Alliance Air. In addition,
there are seven private scheduled operators. A new category of scheduled
airlines i.e., Scheduled Air Transport (Regional) services has been introduced
to enhance connectivity to smaller cities and within a region. Two cargo
airlines are also operating scheduled cargo services in the country.
311
Conclusion
Air travel is a network industry, but only its flow element— the
airlines—is economically liberalized. The industry is still structurally adjusting
to a more competitive situation and remains subject to a large number of
regulations. The capital, work rules, and compensation practices of the airline
industry still reflect almost fifty years of political protection and control.
23
www.trai.gov.in/npt1999.htm.
312
contribution to growth has been investigated. Finally, the challenges for the
Indian economy in managing the newly emerged economic opportunities have
been discussed.
Introduction
313
Section two presents a systematic analysis of the economic reform
measures in telecommunications industry. Section three provides an account
on the industry structure during the pre- and post-reform era, section four
covers the regulatory reform introduced since 1991, section five addresses
the emerging ‗new economy‘ sector and its challenges. Finally, a conclusion
has been drawn.
Economic Reform
314
• to set targets for providing all villages with access to a telephone by the
end of 1997;
• to endorse the existing policy whereby the private sector will be the
main provider of value-added services;
―For example, as against providing one Public Call Office (PCO) per
500 urban Indian population and the telephone coverage of 576,490 villages
in India, the DoT has achieved an urban penetration of one PCO per 522 and
has been able to provide telephone services to only 310,000 villages.
However, the DoT also has provided 8.73 million telephone lines against the
eight-five year plan target of 7.5 million telephone lines.‖
315
reform in the telecommunications industry, it failed to achieve a desired goal
until 1997.
Among other things the NTP99 has endorsed policies under 5 policy
frameworks:
Under the Indian constitution, only the central government can legislate
on telecommunications. The central government has been the monopoly
provider of telecommunications services through the Department of
Telecommunications (DoT), which is under the jurisdiction of the central
government‘s Ministry of Communications.
317
Table 2 presents the performance for basic services since 1996. Fixed
or basic services have been provided by two major public carriers after
liberalisation in early 1990s. The DoT (now Bharat Shanchar Nigam Limited,
BSNL) has been covering all of India except two metros: Delhi and Mumbai.
BSNL‘s share has increased from 79 per cent to 86 per cent between Mar-97
and June-01 while the share for MTNL has dropped from 21 per cent to below
13 per cent of the total connections. This suggests that the basic services
have expanded all over India except in Delhi and Mumbai.
1 License fees is fixed as 12, 10 and 8 per cent of gross revenues for
Circles A, B and C respectively.
318
• Availability of basic telephone services on demand by year 2002
319
Introduction of private service providers in the mobile market has
revolutionised the industry over the last five years. The NTP-99 attempts to
create an environment to expand the subscriber base further in coming years.
It provides for public sector entities BSNL and MTNL to be the third operator
in each service area, while recently bidding for the fourth license resulted in
licenses being awarded to 17 more operators.
Table 5 provides details of the existing players circle wise. The overall
growth of basic services and mobile phone services are presented in
Table 6. In Delhi and Mumbai the growth in fixed line services was 21
per cent during this period while in the case of mobile services in four metros
the growth has been 71 per cent between 2000 and 2001. However, the all
India figures have been staggering for both the markets. The fixed line service
has been nearly doubled and the mobile services grew by almost 10 times.
This suggests that the telecom industry in India has been responding very
positively to the reform measures introduced in early 1990s and to the policies
incorporated in NTP 94 and NTP 99.
4. Regulatory Reform
320
industry following the government‘s publication of NTP94. Among other
things, NTP94 has brought the following changes in the industry:
• DoT will retain the long distance monopoly for five years after which
the decision would be reviewed; and
321
in January 2000 observed that the TRAI Act 1997 did not empower the
regulator to fix interconnection terms and conditions between service
providers and that TRAI had merely a policing function in this regard. This
meant that the Calling Party Pays (CPP) regime for cellular mobile that TRAI
sought to introduce in November 1999 that inter-alia specified explicit revenue
shares for calls from Basic to the cellular network could not be implemented.
Soon after this judgement the TRAI Act was amended and a new Act, the
TRAI (Amendment) Act 2000 was introduced. These episodes of conflict
between the incumbent and the regulator undermined the credibility of the
regulator during the initial years of telecom liberalisation in India. Prior to this,
DoT was responsible for the industry regulation as a part of government
operation. According to Selvarajah, ―overall, the TRAI has the powers and
functions of a typical telecom regulator‖. It appears that in practice the TRAI
faced major hurdles to function appropriately in the initial period due to some
High Court rulings sought by the DoT about the jurisdiction and obligations of
the TRAI. This has made TRAI less effective and has forced a process of
continuous transformation in the early years.
322
corporate body, Bharat Sanchar Nigam Limited (BSNL). Two other
government corporations are also important service providers. Mahanagar
Telephone Nigam Limited (MTNL) operates in Mumbai and Delhi as a service
provider with license for, inter alia, basic service, cellular mobile and Internet
access. Videsh Sanchar Nigam Limited (VSNL) has a monopoly in the
international call segment and has a license for providing some other services
including the Internet. The government is a major shareholder in both MTNL
and VSNL, and has substantive control over the decisions of these service
providers. In fact, they may also end up competing with each other for the
same market. This has already started happening in certain cases, for
instance, with MTNL and VSNL for the Internet market. A competitive situation
would require greater autonomy for MTNL and VSNL.
This Tribunal has been provided the powers to adjudicate any dispute
TDSAT has been given additional powers those it inherited from TRAI;
for example, it can settle disputes between licensor and licensee. Further, the
decisions of the Tribunal may be challenged only in the Supreme Court. The
remaining functions of TRAI have been better defined and increased; for
instance, with respect to powers relating specifically to interconnection
conditions. TRAI now has the power to ‗fix the terms and conditions of inter-
connectivity between the service providers‘ (TRAI (Amendment) Act 2000),
instead of ‗regulating arrangements between service providers of sharing
323
revenue from interconnection‘ (TRAI ACT 1997). The new legalisation
signaled an attempt to re-establish a credible regulator. The government
would be required to seek a recommendation from TRAI when issuing new
licenses. The adjudication of licensor-licensee disputes would be undertaken
by an independent tribunal specialised in telecom. In terms of interconnection
arrangements, TRAI was given the powers to override the provisions of
license agreements signed with DoT. However, while there has been an
increase in the powers of the Authority (other than dispute settlement), the
Ordinance has led to a weakening of the guarantee that was provided in the
Act with respect to the five year working period for the TRAI Chairman and
Members. This statutory guarantee was done away with by the Ordinance,
which provides for less stringent conditions for removal of any Authority
Member or Chairman. To that extent, the independence of the Authority has
been whittled down. More on TRAI is provided in the next section.
In its present form, the CCI Bill also envisages the dispute settlement
function to be performed by the Communications Dispute Settlement
Appellate Tribunal (CAT)
324
• Recognition of the need for changes in the existing telecom
legislations.
The most important change has been a shift from the existing license
fee system to one based on a one-time entry fee combined with revenue
share payments.
325
5. The Challenges Ahead
6. Conclusion
326
the expansion of telecommunications services has been phenomenal over the
last decade.
327
outside world, gradual withdrawal of tax incentives in place, WTO intervention
on behalf of the other member nations and direct competition faced from East
and South East Asian nations.
Table 2:
Source: Kathuria (2000) and Tele.net Volume 2 Issue No. 8 August 2001
328
Table 3
List of new Basic service Licenses issued
Operator Service Area for which the license have been issued
Bharti Haryana
329
Table 4
Mobile market share (%)
Chennai
and
Kolkata)
330
Table 5
List of Cellular Service Providers and their Area of Operation
331
Table 6
Growth in Telecom markets in India (1997-2001)
Region 1997 1998 1999 2000 2001
All Metros
Fixed Line 3,955,462 4,581,634 5,131,756 5,828,608
Growth Rate 16 12 14
Mobile 325,967 551,757 519,543 795,931 1,362,592
Growth Rate 69 - 6 53 71
All India
Fixed Lines 14,542,651 17,801,696 21,601,489 26,652,135 32,702,229
Growth Rate 22 21 23 23
Mobile 339,031 882,316 1,195,446 1,884,311 3,577,095
Growth Rate 160 35 58 90
Source: Present study estimate.
Table 7
‗New Economy‘: Export Opportunities (US$ million)
Year Software/IT Exports Domestic Software Market
1996-97 1,100 730
1998-99 2,600 1,560
2000-01 6,217 2,160
2002-03* 9,500 2,700
* Projections
Source: Nasscom (2002)
332
Table 8
Software Exports to Total Exports (%)
* Projections
Source: Nasscom (2002)
Table 9
ITES Exports to IT Exports (%)
* Projected
Source: Nasscom (2002)
333
Table 10
Key Segments of Global ITES/BPO
Item Contact/ Transcri- Other Call Translation
Back ption Centre Develop-
Office Content Operations ment
Services
(1) (2) (3) (4) (5)
Global 8,600 2,000 425 2,200 250
Market
*Market
Size
($ million,
2002)
Indian 380 600 (30) 32 (7.5) 440 (20) 43 (17)
Market (4.5)
Size ($ml,
2002)
Minimum $3,000 $1-2.5ml $0.5ml $10ml
$10-15ml
Invest. to
$1-2.5ml
References
334
Kathuria, R. ( 2000). ‗Telecom policy reforms in India‘, Global Business
Review, 1:2:
Telecom Regulatory Authority of India Act 1997. No. 24 of 1997, New Delhi
335