Privatisation Shodhganga PDF
Privatisation Shodhganga PDF
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4.1 Public Sector in the Indian Economy14
14
Mishra & Puri, Indian Economy, 2010, Himalaya Publication. Pg.391
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The important point that arises at this juncture, is — why were the heavy
and basic industries like iron and steel, heavy engineering, heavy electrical
plant, etc., selected for development in the public sector while quick-yielding
consumer goods industries were left for the private sector?
The logic of the first hypothesis was that private investment was in the
nature of 'induced investment' and could be promoted by adopting a policy of
protection against imported substitutes. The logic of the second hypothesis
was that investments in low profit yielding and heavy investment requiring
industries were in the nature of 'autonomous investment' and could,
accordingly, be undertaken only by the State.
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cent was in the public sector and the remaining in the private sector. The
share of public sector and the remaining in the private sector. The share of
public sector rose to 60 percent in the third plan but fell thereafter. However,
even then it was as high as 45.7 per cent in the seventh plan. With increasing
trends of liberalization in 1990s, the share of public sector in total investment
fell drastically to 34.3 per cent in the eighth plan (i.e., only one-third) and
further to 29.5 per cent in the Ninth Plan. This reflects the increasing
importance that is now being accorded to the private sector. The nationalized
banks, State Bank of India, Industrial Development Bank of India, Industrial
Finance Corporation of India, State Financial Corporations, LIC, UTI etc.,
have played an important role in collecting savings and mobilisation of
resources.
However, savings in the public sector itself are not much. In fact, there
has been a precipitous fall in the share of public sector in gross domestic
savings. During the period of Sixth Plan as a whole, public saving was 23.7
per cent of total domestic saving and this fell to 14.8 per cent during the
period of the Seventh Plan and just 9.2 per cent in the Eighth Plan (at 1999-
2000 prices). During the first year of the Ninth Plan, 1997-98, share of public
sector in total savings was just 7.5 per cent. Savings in the public sector were
negative in all other years of the Ninth Plan. The first year of the Tenth Plan,
i.e., 2002-03 also recorded negative savings in the public sector. However,
things have distinctly improved since. In 2003-04, savings in the public sector
were Rs. 29,521 crore which rose significantly to Rs. 1,37,926 crore in 2006-
07 and Rs. 2,12,543 crore in 2007-08. The share of public sector in total
savings was 3.6 per cent in 2003-04 which rose significantly to 9.3 per cent in
2006-07 and further to 11.9 per cent in 2007-08. The share of public sector in
gross domestic capital formation (GDCF) which was 44.6 per cent during
Sixth Plan fell to 31.7 per cent during Eighth Plan. It is estimated to have
declined further to 27.3 per cent in the Ninth Plan and 22.2 per cent during the
Tenth Plan.
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develop at a rapid pace. Without a sufficient expansion of irrigation facilities
and power and energy, one cannot even conceive of agricultural
development. In the same way without an adequate development of
transportation and communication facilities, fuel and energy, and basic and
heavy industries, the process of industrialization cannot be sustained. India
had inherited an undeveloped basic infrastructure from the colonial period.
After Independence, the private sector neither showed any inclination to
develop it nor did it have any resources to make this possible. It was
comparatively weak both financially and technically, and was incapable of
establishing a heavy industry immediately. These factors made the State's
participation in industrialization essential since only the 'government could
enforce‘ a large-scale mobilization of capital, the co-ordination of industrial
construction, and training of technicians. The government has not only
improved the road, rail, air and sea transport system, it has also expanded
them manifold. Thus the public sector has enabled the economy to develop a
strong infrastructure for the future economic growth. The private sector also
has benefited immensely from these investments undertaken by the public
sector.
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industries are set up, the consumer goods industries cannot progress at a
sufficiently rapid pace. Therefore, the production of consumer goods
industries in the private sector is also likely to suffer if the State does not
invest in heavy and basic industries. As noted by A.H. Hanson, "Even the
view that ; it is the function of the State to provide only basic 'services' leaves
room for a great deal of public enterprise in manufacturing industry, as well as
in power, transport, communications, etc. For consumer-goods industries,
which; are usually capable of attracting; some private capital, depend on the
'services' of the producer-goods industries in which private capital is — at
least initially — less interested. Hence one can argue, without any 'socialistic'
overtones, that as — for instance — textile or food-processing industries;
need the support of native metallurgical and engineering industries (the
necessary equipment not being available; from abroad owing to foreign
exchange difficulties, delivery; delays, etc.) and as no private entrepreneurs
show any;: inclination to pioneer the latter, the State must step in arid;; do the
pioneering itself.
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behind. After the, initiation of the planning process in the country in 1951, the
government paid particular attention to the problem and set up industries in a
number of areas neglected by the private sector. Thus, a major proportion of
public sector investment was directed towards backward States. All the four
major steel plants in the public sector—Bhilai Steel plant, Rourkela Steel
Plant, Durgapur Steel Plant and Bokaro steel Plant were set up in the
backward States. It was believed that the setting up of large-scale public
sector projects. in the backward areas would unleash a propulsive mechanism
in them and cause economic development of tie hinterland. These
considerations also guided the location if machinery and machine tools
factories, aircraft, transport equipment, fertiliser plants etc.
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expansion of public sector will help in putting a brake on the tendency towards
concentration of wealth and economic power in the private sector.
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protection against external competition as compared to capital goods which
were mostly produced by the public sector and which faced stiff competition
from imports financed by aid and foreign private investment. Another point
that needs specific mention is that the public sector is not merely capital-
intensive and characterised by longer gestation periods; in steel, which
accounts for the bulk of investment, it is also material intensive, and to that
extent its value added component is smaller than in items like, say, chemicals.
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As far as the share in national production is concerned, Central PSEs
play a pivotal role in the production of coal and lignite, petroleum and in non-
ferrous metals such as primary lead and zinc. The PSEs have also been
making substantial contribution to augment the resources of the Central
government through payment of dividend, interest, corporate taxes, exise
duties, etc. During 2008-09, contribution to the Central Exchequer by the
Central PSEs amounted to Rs. 1,51,728 crore.
Though we have pointed out earlier that profits are not the criterion for
examining the performance of public sector enterprises their financial
performance is of wide interest and concern as they are set up at a huge cost
to the national exchequer. As is clear from Table 30.1, profit before interest
and tax increased from Rs. 42,720 crore in 1999-2000 to Rs. 1,55,000 crore
in 2007-08 while net profit after tax increased from Rs. .14,331 crore to Rs.
79,736 crore over the same period. The ratio of profit after tax to turnover rose
from 3.7 per cent in 1999-2000 to 7.4 per cent in 2007-08 while the ratio of
profit after tax to capital employed rose from 4.7 per cent to 10.4 per cent over
the same period.
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Employment and Labour Welfare
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pharmaceuticals in a big way. While this has helped in saving foreign
exchange on the one hand, it has also enabled the country to break the
stranglehold of foreign companies in this field. As far as foreign exchange
earnings are concerned, the public sector has contributed in three ways: (i)
through direct export of items produced in the public sector, (ii) through
services rendered by the public-sector undertakings, and (iii) through trading
and marketing services of the undertakings through which exports are
canalized. The public sector accounted for 11.5 per cent of export earnings in
2006-07 (Rs. 65,620 crore out of Rs. 5,71,779 crore).
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According to G.K. Shirokov, efficiency of a public enterprise should not be
judged on the basis of profitability alone. ‗‘The economic efficiency of a public
sector industry manifests itself alone in the transformation of the industrial
structure, modernisation, higher labour productivity on a country-wide scale
etc.‘‘ The fact is that a higher proportion of the value produced by the public
sector industries is realised outside this sector, and it is, therefore, very
difficult to estimate the efficiency of public sector enterprises in terms of cost
and profitability. Most of the critics of the public sector enterprises fail to take
social costs and benefits into account and consider only net profits or losses.
They are thus guilty of ignoring the right criteria for judging the performance of
public sector enterprises.
Not only this. Even the losses incurred by public-sector enterprises are, to
a considerable extent, due to the take over of sick units from the private
sector to protect the interests of the working class. For instance, of the 102
loss making enterprises in 1991-92, about 40 per cent constituted sick units
taken over by the government from the private sector. Thus, the losses of the
private sector 'spilled over' to the public sector.
Before we conclude this section, the following comments from Arif Sharif
are in order: ―Now that decrying public sector performance has become
fashionable, many seem to have forgotten the crucial role it has played in
India's development since the Second Plan, which cannot be measured
against the value of its output. The private sector never had to bear such
responsibilities. Instead, it relied on the public sector to meet much of its
technology and skilled manpower requirements.‖
The most important criticism levied against the public sector has been
that, in relation to the capital employed, the level of profits has been too low.
Even the government has criticised the public sector enterprises on this count.
For instance, the Eighth Five Year Plan notes that the public sector has been
unable to generate adequate resources for sustaining the growth process. Of
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the various factors responsible for low profits in the public sector, the following
are particularly important:
Private sector enterprises are operated with the sole aim of maximising
profits. Accordingly, prices are determined at a level that would cover total
cost (including taxes) and provide a sufficient net return over and above this.
As against this, the purposes of setting up and operating public sector
enterprises are varied and price policy is determined by the objectives which
they are expected to serve. Even under conditions of monopoly, the objective
of the pricing policy of a particular public sector enterprise may not be profit
maximisation. Indian Railways, Indian Airlines Corporation, State Electricity
Boards are examples of public monopolies. Public enterprises like Steel
Authority of India and the Fertilizer Corporation of India also operate in seller's
market. It is very easy for these enterprises to earn huge profits simply by
increasing their prices. But since their object was not profit maximisation but
fulfilment of some social objective, they opted for losses in some cases while
in some instances they just tried to equate total revenues to total costs.
As regards the pricing policy of public sector enterprises, we can find two
different approaches- (i) the public utility approach and (ii) the rate of return
approach. The former implies a pricing policy that yields a no-profit-no-loss
situation. This pricing policy was followed for a long period by many public
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sector enterprises. It obtained support from the fact that many public sector
units were in the area of basic industries and unduly high prices of their
products could cause cost increases over a large segment of the economy.
Thus, the pressure to adopt in some sense a minimal price policy was strong
and persistent. On account of these reasons, administered prices were
intentionally kept very low. For example, the price of steel (as already
mentioned earlier) was kept deliberately low. Similar practices were followed
by Hindustan Machine Tools,' Hindustan Shipyard and many other public
sector enterprises in the initial stages of their operations.
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against this, positive returns had morale boosting effects in enterprises like
Hindustan Machine Tools, Bharat Heavy Electricals and Maruti Udyog Ltd.
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financial position. In other words, the crux of the poor financial returns lies in
incorrect pricing of these services and poor collection of user charges.
Under-utilization of Capacity
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accounted for under-utilization of capacity in public sector enterprises include
inefficient operation and poor management of some enterprises, political
interference in day-to-day working, labour disputes etc.
(i) selection of site was not based on detailed soil investigation; (ii) there were
serious omissions and understatements of several elements of the projects;
(iii) the actual costs of projects far exceeded the original estimates; (iv) the
projects took much longer time to complete than originally envisaged; and (v)
the projects often embodied inappropriate technology or product mix. For
instance, Bhagwati and Desai have argued that the site for Heavy Electricals
Limited was selected without any explicit calculation of, the cost of alternative
locations and later was changed, when found unsuitable. Similarly, a decision
was made to locate a fertilizer plant within each State. This led to
corresponding decisions to initiate construction at places which were
unsuitable from the viewpoint of either demand or raw materials. In addition,
as noted by Bhagwati and Desai: ―A careful scrutiny of the methods adopted
to plan for the projects, as revealed by the reports of several governmental
committees appointed for the purpose as also to evaluate the reasons for
subsequent increasing costs, underlines the extremely poor quality in general
of the work, both from a technical viewpoint, and even more so from the point
of view of economic cost and benefit analysis. These reports have not
followed any uniform format varying in their coverage and inquiry underlining
that no systematic thought was given to questions of project appraisal and
that rough, sketchy, and haphazardly incomplete records were often
considered adequate for embarking upon quite expensive investments.‖
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causes: (i) last minute changes in project design sometimes due to a belated
recognition that the product mix that was chosen originally was inappropriate
to Indian market conditions. This required expensive modifications to plant.
Sometimes changes were induced by the need to add vital parts of the plant
which had not been included in the original contract; and (ii) lag in starting or
finishing a project, which landed the projects with higher costs due to inflation
in supplier countries. Very often aid contracts took much longer to complete
than originally envisaged. In some cases, the donor countries took advantage
of the practices of tied-aid to increase prices charged for plant and equipment.
As noted by A.K. Bagchi, foreign aid was normally tied to purchases of
equipment and materials from the countries giving loans and grants. The
government made only halting and ineffective attempts to insulate the choices
of technology and product-mix against pressures exerted by foreign firms and
their agents. As a result, foreign suppliers often got away with misspecifying
the capacity of the plants set up and their operating characteristics. In fact,
alleges Bagchi, a considerable amount of the excess costs and dynamic
inefficiencies of the public sector projects was due to the failure of the
government to break out of dependence on foreign sources of funds which
were tied to sales of particular types of technology for setting up the
installations. This shows that while some problems regarding escalation of
costs rose from the Indian side, blame for some others has to be placed
entirely at the door of the aid relationship India entered into with other
countries.
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Moreover^ huge townships were constructed around many public sector
enterprises to house the employees. Naturally, the costs increased.
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provide incentive to skilled personnel in the form of better wages and better,
promotion prospects than in the private sector. However, in actual practice it
was exactly the opposite. The private sector bosses weaned away the skilled
personnel from the public sector through various incentives.
The line between ‗control‘ and ‗autonomy‘ is very thin and has not been
properly spelt out. Managements of many public enterprises feel that controls
on their operations are too much and too frequent inhibiting the possibilities of
independent action unduly. Even in routine matters, interference persists. This
leads to a sense of insecurity and indecision in top management circles and a
lot of time that could be utilised more productively is wasted on drawing up
explanations to convince ‗persons who matter‘.
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To solve these problems, it is necessary to define clearly and explicitly
the limits of control, i.e., the spheres where control is to be exercised and the
activities that are to be left entirely to the management. Once the limits of
control are specifically laid down and the spheres for freedom of action for the
management are explicitly recognised; scope for conflict and suspicion will be
considerably narrowed down. It would also be a wise policy to involve the
management of State enterprises in die process of policy-formulation, target-
setting, delineation of functional limits, organising efficient working, etc.
Dereservations
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transport. In. 1993, items 5 and 6 were deleted from 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 Thus, now only 3 industries are reserved exclusively for the public
sector. These are atomic energy, minerals specified in the schedule to the
atomic energy (control of production and use order) 1953, and rail transport.
The 1991 industrial policy brought the public sector units at par with the
private sector units. As a result, the public sector units were also brought
within the jurisdiction of the Board for Industrial and Financial Reconstruction
(BIFR). Thus, BIFR was given the responsibility to decide whether a sick
public sector unit can be effectively restructured or whether it has to be closed
down. As on March 31, 2008, 66 PSEs were registered with BIFR, out of
which revival schemes were sanctioned in respect of 9 enterprises, 3 cases
were dismissed as non-maintainable, 5 companies were declared as no
longer sick, and 5 other cases were dropped on account of net worth
becoming positive.
Memorandum of Understanding
One of the major initiatives towards the public sector as outlined in the
new industrial policy of July 1991 was to bring all public sector enterprises
under the system of Memorandum of Understanding (MOU). The system of
MOU envisages an arm's length relationship between the PSU and the
administrative ministries. It gives clear targets to PSUs and ensures
operational autonomy to them for achieving those targets. The MOU system
was started in 1987-88 with four PSUs signing MOUs. This number went upto
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144 CPSEs in 2008-09. The government has now decided that all CPSEs
including risk and loss-making and CPSEs under construction will be covered
under the MOU system.
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Disinvestment of Shares
Setting up of BRPSE
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NOTES
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17.Bhagwati and Desai, op.cit., p. 165.
20.CP. Chandrashekhar and Jayati Ghosh, The Market that Failed: A Decade
of Neoliberal Economic Reforms in India (New Delhi, 2002), p. 88.
15
Mishra & Puri, Indian Economy, 2010, Himalaya Publication, Pg.412
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Regulation) Act and other relevant legislation. The Government of India,
however, recognizes that it would, in general, be desirable to allow such
undertakings to develop with as much freedom as possible, consistent with
the targets and objectives of the national plan. When there exist in the same
industry both privately and publicly owned units, it would continue to be the
policy of the State to give fair and nondiscriminatory treatment to both of
them.‖ The Resolution also emphasized the mutual dependence of public and
private sectors. While State could start any industry not included in Schedule
A and Schedule B, the private sector could be allowed to produce an item
falling within schedule A. In fact, the 1956 Resolution emphasized not only the
mutual co-existence of private and public sectors but also provided for their
mutual co-operation and help.
The private sector took full advantage of the loopholes and exceptions in
the legislation and the ‗elbow room‘ allowed by the 1956 Resolution to set up
industries even in areas exclusively reserved for the State sector. In fact, with
the passage of time, more and more concessions were granted to the private
sector to expand its business activities. The working of the Industries
(Development and Regulation) Act, 1951, was also full of flaws as the
licensing committee worked in a very haphazard and ad hoc manner and
there were no definite criteria adopted for acceptance or rejection of
applications. Because of widespread criticism of the working of the Act, the
government considerably liberalised the industrial licensing policy as well. The
New Industrial Policy, 1991, ushered in a new era of liberalisation as industrial
licensing was abolished, role of public sector diluted, doors to foreign
investment considerably opened, and numerous incentives and initiatives
granted to the private sector to expand its business activities. The 1991 policy
was therefore welcomed with unbridled enthusiasm by the private sector
initially. It welcomed the thought of lower taxes, less red tape, less paperwork,
more ‗space‘ to work and less government interference. However, the 1991
policy had also opened the doors to multinationals and increased competition
from abroad as tariffs were reduced substantially. Consequently, many
domestic producers suddenly discovered their market shares shrinking
drastically as their goods failed to meet foreign competition both on grounds
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of quality and price. The corporate world also saw significant changes with
many old businessmen being knocked out from their top positions and a
number of new entrants making their mark.
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much so that Schumpeter has characterised them as the initiator and moving
force behind the industrialisation process. The private entrepreneur is guided
by the profit motive. He is responsible for the introduction of new
commodities, new techniques of production, assembling the necessary plant
and equipment, labour force and management and organising them into a
going concern. The private entrepreneur acts as an innovator who
revolutionises the entire method of production. Such activities help the
process of industrialisation and economic development. It was because of this
reason that the industrial policy resolutions of 1948 and 1956 of the
government gave immense opportunities to the private sector to expand its
activities. In the new liberalised scenario that has emerged after the
announcement of the new industrial policy in 1991, private sector has been
assigned the dominant role in industrial development.
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field. These industries employ labour intensive techniques and are,
accordingly, important from the point of view of providing employment
opportunities. In India, all small and cottage industries are in the private
sector. Personal initiative plays a decisive role in small-scale industries. With
the help of a small capital, the small entrepreneur uses his resources
efficiently to earn maximum profit. Such management is not available to public
sector enterprises. The government has reserved a large number of items for
production in the small-scale sector. This sector is granted loans at
concessional rates of interest and marketing outlets are also provided. In
addition, industrial estates have been established at various places where all
facilities are provided under one roof to the small scale industries.
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Table 1
Profits after tax 11.8 36,5 59.8 51.2 32.8 45.2 26.2
Gross Profits to Sales (10.5-14.2) (10.1-15.5) 11.1 11.9 12.2 15.5 16.3
Profits After Tax to Sales (3.3-7.8) (2.6-10.7) 5.9 7.2 . 8.2 10,7 11.8 .
to Total Sources of Funds (26.1-40.3) (43.6-65.3)* 53.5 55.5 43.6 n.a... n.a.
rate of 12.5 per cent per annum during 1990s and at 20.4 per cent per annum
during 2000-01 to 2006-07. What is most significant is the fact that the rate of
growth of profits after tax which was 11.8 per cent per annum during 1990s
increased to 36.5, per cent per annum during the period 2000-01 to 2006-07.
Performance during the year 2006-07 has been particularly good. Growth in
sales in this year was 26.2 per cent as against an average of 19.0 per cent
during the preceding three-year period (2003-04 to 2005-06). Growth in gross
profits at 41,9 per cent during 2006-07 was also higher than the average of
27.3 per cent during 2003-04 to 2005-06, and outpaced the growth in sales by
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a large margin. Profits after tax increased by 45.2 per cent during 2006-07 on
top of 48 per cent average growth during the three year period 2003-04 to
2005-06. Concomitantly, profit-margin the ratio of profits after tax to sales
that fluctuated between 3:3 per cent and 7.8 per cent in the 1990s, improved
from 5.9 per cent in 2003-04 to 10.7 per cent in 2006-07; Reflecting the
sustained high profitability, internal sources now constitute a major source of
funds. This has partly led to a reduced reliance on debt, and a decline in the
debt-equity ratio to around 43 per cent by 2005-06 from more than 59 per cent
during the 1990s.
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second largest company in 2009 after Reliance Industries with its assets at
Rs. 1,24,239 crore.
Table 2
Top ten private sector companies (Ranked According to net sales), 2009
1.Reliance Industries 151336 10.1 25336 -12.90 14969 -23.3 234800 37.7
2.Tata Steel 147365 12.1 14799 -40.90 4951 -59.9 124239 -2.9
5.Larsen & Tourbo 40371 37.7 6844 53.8 3790 62.0 55722 42.5
7.Bharti Airtel 37352 38.3 15570 36.7 7859 22.9 62502 33.3
8.Tata Consultancy 27813 23.0 6743 4.7 5256 4.6 22430 29.1
Service
9.Adani Enterprises 26189 33.7 1224 36.1 505 36.5 19657 63.0
10.Suzlon Energy 26082 90.7 2344 13.4 236 -77.0 35568 38.9
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Private Sector Corporate Giants — Ranking in Terms of
Market Capitalisation
As is clear from this Table, the largest private sector company in terms of
market capitalisation is Reliance Industries. The average market capitalisation
of this company stood at Rs. 2,68,448 crore in 2008-09. Bharti Airtel occupies
the second position in terms of market capitalisation with its market
capitalisation in 2008-09 at Rs. 1,39,238 crore. Infosys Technologies occupies
the third position followed by ITC and TCS. What is significant is the fact that
the three top IT companies of the country — Infosys, TCS and Wipro are
among the top ten companies in terms of market capitalisation.
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4.2.3 Problems of the Private Sector
Table 3
Top ten private sector companies – ranked on the basis of market
capitalization
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industrial development lasting for about three decades, the | private sector
was not willing to shoulder the responsibility : of a prime mover of economic
development processes.
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4. Declining share of net value added in total output. Net value
added is defined as the amount generated over and above the cost of raw
materials which go to the production system after allowing for the depreciation
charges. It, thus, indicates the efficiency of the production process. Many
industries in the private sector have reported a fall in the share of net value
added in output in a number of years. This fall means that the same amount
of raw materials has generated less output. It, thus, implies a decline in
efficiency.
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expressways linking the major economic centres, and only 3,000 kilometers of
four-lane highways (China has built 25,000 kilometers of four-to-six-lane,
access controlled expressways in the last 10 years). Poor riding quality and
congestion result in truck and bus speeds on Indian highways that average
30-40 kilometers an hour, about half the expected average. India's high-
density rail corridors also face severe capacity constraints, compounded by
poor maintenance.
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and are, therefore, not under the control of the unit such as power cuts,
demand (or market) recession, erratic availability of inputs, government
policies etc. The latter include factors which originate within the unit and can,
therefore, be said to be under the control of the unit such as production,
management, finance etc.
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4.3 Privatisation of Public Sector Enterprises : The Disinvestment
Programme in India16
• Methods of privatisation
16
Misra & Puri, Indian Economy, 2011, Himalaya Publication, Pg.402.
128
and performance. Moreover, private ownership establishes a market
for managers, which improves the quality of manage.ent.
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having consulted others. In fact, 'delayed decision-making is often
equivalent to making no decision at all.' In public enterprises, the
concept of response time is almost totally absent as no one is willing to
disturb the status quo. Not so in the case of private sector enterprises.
Because of the very nature of management in these units,; it becomes
easier to react to changing situations fast.
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former communist Countries, and developing nations. The methods of
privatisation used by these countries were frequently one or a combination of
the following methods.
2. Strategic Sale. In this method, the government sells its share in the
PSU to a strategic partner. As a result, the management passes over to the
buyer. The advantages claimed for this method are as follows: (i) the
performance and efficiency of the enterprise is expected to improve as the
private partner introduces better management practices on the one hand, and
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the unit is freed from government shackles on the other hand; (ii) the
government may realise a better price as the strategic partner may be willing
to pay more because of the synergy he perceives in combining the PSU
business with his own existing business; (iii) the strategic partner would be
willing to inject more capital into the PSU and modernise its business
operations as he would be keen in generating profits; (iv) loss-making PSUs
will be unattractive to the public whereas a strategic acquirer can have the
skills to turnaround the business even after paying a reasonable price; and (v)
this method is the most important method of disinvestment in small countries
with weak capital. markets and in those countries where shares of PSUs are
not traded (and hence it is not possible to know the 'share price'). However,
this method has a number of disadvantages: (i) this method is 'unfair' as many
ordinary citizens cannot participate in it; (ii) the whole process of selecting a
strategic partner and setting the terms of sale depends on the ministers and
officials. Thus, the whole process is non-transparent and arbitrary. Since it is
very difficult to assess the 'actual' value of the enterprise, the strategic partner
often connives with government officials to get control over the company at a
value far less than the actual value of the enterprise. As a result, the
government gets a far less realisation from the sale vis-a-vis the actual value;
(iii) the acquisition of a PSU with a significant market share by a partner in a
similar business can lead to a monopolistic or oligopolistic situation, which
could be harmful to consumer interests; (iv) there is a serious risk of
employees losing their job as the strategic partner is likely to restructure the
PSU business to align with his existing business; and (v) once even a small
part of the equity is sold to a strategic partner, other potential bidders will be
put off, thereby lowering the value of the rest of the PSU's shares.
Smaller countries, especially those in the former Soviet Union and Eastern
Europe (the so-called 'transition economies') have often relied more on the
method of strategic sales to privatise their PSUs. This is due to the reason
that most of these countries did not have well developed capital markets and
shares of PSUs were not traded. Therefore, it was not possible to find the
correct share price of a company. This method has also been followed by
some OECD countries during the last few years. In some cases, a
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combination of IPO method and strategic sales method is adopted. Two
approaches are followed in these instances: (i) first a controlling stake is sold
to a strategic buyer through a direct sale in order to provide the company with
a good management and then subsequent stakes are sold through a public
offering to retail and institutional investors as a means of developing the
equity market; or (ii) first a share in the company is sold on the stock markets,
and once its 'market price' is determined, a controlling stake is sold to a
strategic partner. This is closer to what is happening in the case of our oil
companies.
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programmes excel in speed and fairness. However, they raise no revenue for
the government and have unclear implications for corporate governance.
Mongolia, Lithuania, the former Czechoslovakia, Albania, Armenia,
Kazakstan, Poland and Romania (in its 1995 programme) followed this
method of privatisation. The Czech Republic's equal-access voucher
programme has been the most successful to date. In two successive waves,
the Czech transferred more than half the assets of public enterprises into
private hands. Citizens were free to invest their vouchers directly in the firms
being auctioned. However, to encourage more concentrated ownership and to
create incentives for more active corporate governance, the programme
allowed the free entry of intermediary investment funds to pool vouchers and
invest them on the original holders' behalf. More than two-thirds of the
voucher-holders chose to place their vouchers with these competing funds.
This led to concentrated ownership of the Czech industrial sector in these
large funds. These funds are now participating actively in monitoring
managerial performance, imposing financial discipline on the firms they own,
trading large blocks of shares among themselves or selling them to new
strategic investors, etc. Thus, the Czech experience shows how a well
designed voucher-programme can overcome many problems. "It can
depoliticize restructuring, stimulate development of capital markets, and
quickly create new stakeholders with an interest in reform.‖ However, as
correctly pointed out by the World Development Report, while funds monitor
the functioning of firms, the question is who will monitor them? Supervising
financial agents is difficult even in established market economies and is even
more problematic in transition economies, where norms of disclosure and
fiduciary responsibility are weak and watchdog institutions are still in a highly
underdeveloped state.
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advantage of this method is that it is easy to implement, both politically and /
technically. It might also be better for corporate governance; if insiders have
better access than outsiders to the information; needed to monitor managers.
However, as pointed out by the World Development Report, the risks and
disadvantages.; of the method are many, particularly in large-scale buyout;
programmes that include many unprofitable firms in need? of restructuring.
One important disadvantage is that benefits? are unevenly distributed:
employees in good firms get valuable; assets while those in money-losers get
little or nothing of value. The second disadvantage is that government tends
to charge low prices to insiders and thus realizes little revenue? Finally,
managers or employees can connive to block entry of outsiders. At times,
outsiders may hesitate to investing firms with significant insider ownership
legally or illegally acquired because of potential conflicts of interest between
insiders and outside owners. In Russia's mass privatization programme of
1992-94 (which, despite the use of vouchers, was basically a management-
employees buyout programme because of its preferential treatment of
"managers and workers), insiders ultimately acquired about two-thirds of the
shares in the 15,000 privatised firms (accounting for 60 percent of industrial
assets) while outsiders obtained only 20 to 30 per cent (about 10 to 15 per
cent each went to investment funds and industrial investors), and rest
remained in government hands. This exercise soon became politically
unpopular as the masses felt that they had been left with the dregs while
managers engaged in 'asset stripping', and effective control of the best
companies passed into the hand of a chosen few.
4.3.3. Evolution of Privatization Policy in India
As stated in the chapters on 'Industrial Policy' and 'Public Sector in the
Indian Economy', there has been a marked change in the perception towards
the role of public sector in the Indian economy since 1991. Some economists
argued that the fiscal crisis of 1991 was a result of the public sector's inability
to generate adequate returns on investment. The government's attitude also
changed markedly as is clearly demonstrated in the following "statement
made in the New Industrial Policy, 1991: "After the initial exuberance of the
public sector entering new areas of industrial and technical competence, a
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number of problems have begun to manifest themselves in many of the public
enterprises-. Serious problems are observed in the insufficient growth in
productivity, poor project management, over-manning, lack of continuous
technological upgradation, and inadequate attention to R & D (Research and
Development) and human resource development. In addition, public
enterprises have shown a very low rate of return on the capital investment.
This has inhibited their ability to re-generate themselves in terms of new
investments as well as in technology development/The result is that many of
the public enterprises have become a burden rather than being an asset to
the Government". Consequently, the New Industrial Policy, 1991, advocated
privatisation of public sector enterprises. For purposes of privatisation, the
government has adopted the route of disinvestment which involves the sale of
the public sector equity to the private sector and the public at large.
The evolution of privatisation policy in India since the start of economic
liberalisation since 1991-92 can be outlined as below:
1. Interim Budget and Budget Speech, 1991-92. The Government of India
enunciated a policy to divest upto 20 per cent of its equity in selected
public sector undertakings to mutual funds and investment institutions
in the public sector, as well as workers in these firms. The stated
purpose of the policy was to place equity across a broad base, improve
management, increase resources to the enterprises, and to raise funds
for the general exchequer. Initially, as shown in Table 31.1, shares of
different PSUs were bundled together and sold to domestic financial
institutions. Later in 1992-93, to ensure better prices, individual shares
were auctioned separately.
2. Report of Rangarajan Committee on Disinvestment of Shares, 1993.
The Government appointed a Committee on Disinvestment in Public
Sector Enterprises under the Chairmanship of C.Rangarajan in 1993 to
suggest the correct method of divestiture. The Committee
recommended that the percentage of equity divested could be upto 49
per cent for industries reserved for the public sector, and that, in
exceptional cases upto 74 per cent of the equity could be divested. In
industries not reserved for the public sector, 100 per cent of the equity
could be divested. Only the following 6 industries were reserved for the
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public-sector: (i) coal, (ii) minerals and oils, (iii) armaments, (iv) atomic
energy, (v) radioactive minerals, and (vi) railways. The Government of
India did not act on these recommendations.
3. Divestment Commission Recommendations: February 1997-October
1999. The Government constituted a five member Public Sector
Disinvestment Commission under the Chairmanship of G.V.
Ramakrishna in August 1996 for drawing a long-term disinvestment
programme for the PSUs referred to the Commission. The Commission
recommended divestment of 58 different PSUs. Moreover, in a break
from a past policy of share public offerings, the Commission
recommended strategic sales with transfer of management. By 1996-
97, sales were open to NRIs and foreigners, and through global
depository receipts (GDRs) in the international markets.
4. Budget Speech, 1998-99. In the Budget Speech, 1998-99, the Finance
Minister stated that ―Government has decided that in the generality of
cases, the government shareholding in public sector enterprises will be
brought down to 26 per cent. In cases of public sector enterprises
involving strategic considerations, government will continue to retain
majority holding. The interests of workers shall be protected in all
cases.‖
5. Strategic and Non-Strategic Classification, 1999. Reflecting the- report
of the Rangarajan Committee from some six years earlier, the
government announced the classification of industries into strategic
and non-strategic areas. Strategic industries were limited to: (i) arms,
ammunitions, and related defense industries; (ii) atomic energy; (iii)
mining of minerals for the atomic industry; and (iv) railway transport. All
other industries were classified as non-strategic. For all PSUs in non-
strategic industries, government stakes could be dropped to as low as
26 per cent on a case-by-case basis. Since three-fourths majority is
needed to pass certain important board resolutions, for control reasons
government set a lower limit of 26 per cent of the equity.
6. Address by President to Joint Session of Parliament, February 2001. In
his address to the joint session of Parliament in February 2001, the
President stated thus: "The government's approach to PSUs has a
137
threefold objective: revival of potentially viable enterprises; closing
down of those PSUs that cannot be revived; and bringing down
government equity in non-strategic PSUs to 26 per cent or lower.
Interests of workers will be fully protected through attractive Voluntary
Retirement Schemes and other measures.‖ As Table 31.2 shows, in
some cases government's equity stake dropped below 26 per cent.
7. National Common Minimum Programme, 2004. The National Common
Minimum Programme (NCMP) of the UPA coalition government was
released on May 28, 2004. NCMP confirmed the commitment of the
UPA government to a 'strong and effective public sector' and laid down
the following guidelines as far as privatisation of Central PSEs is
concerned: (i) all privatisations will be considered on a transparent and
consultative case-by-case basis; (ii) generally profit making companies
will not be privatised; (iii) the government will retain existing 'navratna'
companies in the public sector while these companies can raise
resources from the capital market; (iv) while every effort will be made to
modernise and restructure sick public sector, companies and revive
sick industry, chronically loss-making companies will either be sold-off,
or closed, after all workers have got their legitimate dues and
compensation; and (v) the government believes that privatisation
should increase competition, not decrease it. Therefore, it will not
support the emergence of any monopoly that only restricts competition.
The government approved the constitution of a National Investment
Fund (NIF) from April 1, 2005 comprising of proceeds from disinvestment of
public sector undertakings. 75 per cent of the annual income of NIF will be
used to finance selected social sector schemes, which promote education,
health and employment, The residual 25 per cent of the annual income of NIF
will be used to meet the capital investment requirements of profitable and
revivable Central PSEs that yield adequate returns, in order to enlarge their
capital base to finance expansion/diversification.
On May 26, 2005, the Finance Minister announced the intention to
disinvest 10 per cent of government-owned equity in the navratna company
BHEL (the residual government-owned equity share exceeded 51 per cent
after sale). However, after protests from the Left parties, this move was
138
dropped. The Minister of Heavy Industries and Public Enterprises announced
that he had put on hold the decision regarding disinvestment in BHEL and
other proposals (for disinvestment) in his ministry. The Finance Minister also
ruled out the strategic sale route of disinvestment while keeping open the offer
of sale route in. 13 profit-making PSEs identified by the earlier NDA
government. In June 2006 another attempt was made, this time for the sale of
10 per cent stake each in two non-navratna profit-making companies —
NALCO (National Aluminum Company) in Orissa and NLC (Neyveli Lignite
Corporation) in Tamil Nadu. However, following indefinite strike by NLC
workers, the move was shelved. On July 6, 2006, the Prime Minister decided
to keep all disinvestment decisions and proposals on hold, pending further
review. However, in recent times, interest in disinvestment has again revived.
During 2009-10, the shares in many PSEs like Oil India Ltd., NHPC, NTPC
and REC (Rural Electrification Corporation), NMDC etc., have been sold and
the government expressed its intention to raise Rs. 125,000 crore through this
means. In the Budget for 2010-11, the Finance Minister has kept a target of
Rs. 40,000 crore for disinvestment.
Proceeds from Disinvestment and Methodologies Adopted
As stated earlier, the Government has adopted two methods of
disinvestment: (i) selling of shares in select PSUs, and (ii) strategic sale of a
PSU to a private sector company. The former method was used over the
period 1991-92 to 1998-99 and, as in clear from Table 31.1, the government
experimented with various variants of this method. From 1999-2000 to 2003-
04, the emphasis shifted to the latter method which involved strategic sale of
a PSU to a private sector company through a process of competitive bidding.
After 2004-05, disinvestment realisations have been mostly through sale of
equity.
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Table 4
Disinvestment in PSUs and methodologies adopted, 1991-92 to 30-9-2009
(Rs.in crore)
1991-92 2,500 3,037.74 Minority shares sold in Dec. 1991 and Feb. 1992 by auction method in
bundles of 'very good', 'good' and average companies.
1992-93 2,500 1,912,51 Shares sold separately for each company by auction method.
1993-94 3,500 — Equity of 6 companies sold by auction method but proceeds received
in 1994-95.
1998-9$ 5,000 5,371.11 GDR - VSNL; Domestic offerings of CONCOR and GAIL; Cross
purchase by 3 Oil sector companies, i.e., GAIL, ONGC and IOC.
1999- 10,000 1,860.14 GDR - GAIL; Domestic offering of VSNL; capital reduction and
2000 dividend from BALCO; strategic sale of MFIL.
2000-01 10,000 1,871.26 Sale of KRL, CPCL and BRPL to CPSEs; Strategic sale of BALCO and
LJMC
2001-02 10,000 5,657.69 Strategic sale of CMC, HTL, VSNL, IBP, PPL, hotel properties of ITDC
and HCI, slump sale of Hotel Centaur Juhu Beach Mumbai and leasing
of Ashok, Bangalore; Special dividend from VSNL, STC, and MMTC;
sale of shares to VSNL, employees.
2002-03 12,000 3,347.98 Strategic sale of HZL, IPCL, properties of ITDC, stump sale of Centaur
Hotel Mumbai Airport. Premium for renunciation of rights issues in
favour of SMC; Put option of MFIL; sale of shares to employees of HZL
and CMC
2003-04 14,500 15,547.41 Strategic sale of JCL; call option of HZL; offer for sale of. MUL, IBP,
IPCL, CMC, DCi, GAIL and ONGC; sale of shares of IC1 Ltd.
2004-05 4,000 2,764.87 Offer for sale of NTPC and spillover of ONGC, sale of shares . to IPCL
employees.
2005-06 No target 1,569.6.8 Sale of MUL shares to Indian public sector financial institutions and
fixed. banks and employees.
2007-08 No target 4,181. 39 Sale of MUL shares to public sector financial instituions, public sector
fixed banks and Indian mutual funds and sale of PGCIL and REC ... shares
through offers for sale.
2008-09 No target
fixed
Total 57,682.93
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making PSUs at reasonable prices, bundling resulted in the government
obtaining a very low average price for each bundle, implying: that prime
shares were handed over at rock-bottom prices. In 1992-93, the government
abandoned the bundling of shades and sold shares of each company
separately by-the auction method, In 1994-95; NRI and other-persons were
allowed to participate in the auction. In 1996-97 and 1997-98, GDRs (Global
Depository Receipts) of VSNL and MTNL in international markets fetched Rs.
380 crore and Rs. 910 crore respectively. In 1998-99, along with QDR and
domestic offerings with the participation of foreign institutional investors, cash-
rich PSUs (like ONGC, GAIL and IOC) wore forced to 'cross hold' shares in
related PSUs by buying them from the government. From 1999-2000 to 2003-
04, as stated earlier, the focus of the government shifted to the second
method of disinvestment the strategic sale of a PSU to a private sector
company. The government resorted to strategic sale of a number of
companies — MFIL (Modem Foods India Ltd)., Videsh Sanchar Nigam Ltd.
(VSNL), Indian Petrochemicals Corporation Ltd. (IPCL), Bharat Aluminum
Company (BALCO), CMC Ltd, HTL Ltd. IBP, Indian Tourism Development
Corporation (ITDC) (13 hotels), Hotel Corporation of India Ltd. (HCI Hotels),
Paradeep Phosphates Ltd. (PPL), Hidustan Zinc Ltd. (HZL), Maruti Udyog Ltd.
(MUL) etc.
As is clear from Table 31.1, the actual realisation from disinvestment over
the period 1991-92 to 30-9-2009 was Rs.57.682.93 crore as against the target
of Rs.96,800 crore for the period 1991-92 to 2004-05 (no target was set for
later years). Thus, achievement has been very much less as compared with
the target.
141
Undervaluation of Assets
In all other years, realisations from disinvestment were much less than the
targets. The main reasons for this poor performance were as follows:
142
3. The government did not adopt suitable methods to oversee the
disinvestment of public sector shareholding.
143
in case of MFIL, CMC, PPL and two parties in case of BALCO, HTL, VSNL,
HZL, while in case of IPCL, Expression of Interest by three ) international
bidders was rejected without assigning any : reason.
144
government securities, because that is where the private investor could
otherwise put the money. "This means that for such sales to occur, either (a)
the private investor must believe that it is capable of generating more profits
than the public sector — but that is essentially a management issue and there
is no logical reason why the public sector cannot also employ managers to
achieve this; or (6) the asset must be undervalued so that the actual rate of
return for the private buyer turns out to be higher, which really means that the
State exchequer has lost the money."
As shown above, the public sector equity has been sold for a fraction of
what it could actually fetch. However, this is only one part of the story. The
entire manner in which the proceeds from disinvestment have been used is
objectionable. When the programme of disinvestment was initiated in 1991-
92, the Finance Minister had stated that a part of the proceeds would be used
for providing resources in the NRF (National Renewal Fund) which can be
used for various schemes of assistance to workers to the unorganized sector.
Moreover, these "non-inflationary resources would also be used to
fund...special employment creating schemes in backward areas". In 1997, the
first report of the Disinvestment Commission headed by G. V. Ramkrishna
stated that the proceeds of disinvestment should not be used to bridge the
budget deficit, but instead should be placed in a separate fund to be used for
four purposes: (i) retiring public debt; (ii) restructuring PSUs; (iii) developing
the social infrastructure; and (iv) voluntary retirement schemes. Similar
sentiments were expressed in various Budget Speeches of the Finance
Ministers in various years. For the year 2001-02, the Finance Minister had set
the target for disinvestment at Rs. 12,000 crore of which Rs. 7,000 crore was
to be used to provide "restructuring assistance to PSUs, a safety net to
workers and reduction of (the public) debt burden" while the remaining Rs.
5,000 crore was to be used to provide "additional budgetary support to the
Plan primarily in the social and infrastructure sectors". The list of objectives of
disinvestment given earlier also expressed such lofty ideals. However, the
actual experience with the utilisation of disinvestment proceeds during the last
145
decade belies all these declarations. The government has used the entire
proceeds from disinvestment to offset the shortfalls in revenue receipts and
thus reduce the fiscal deficit which it was required to do as part of the IMF
stabilisation programme. In this context, the following comments of CP.
Chandrasekhar and Jayati Ghosh are pertinent: "The experience suggests
that fiscal convenience was the prime mover of such disinvestments. Having
internalized the IMF prescription that reducing or doing away with fiscal
deficits is the prime indicator of good macroeconomic management, the
government found privatisation proceeds of PSUs to be a useful source of
revenue to window-dress budgets‖. Thus, the resources generated from the
disinvestment of PSUs have been used to meet current consumption needs.
This amounts to frittering away of valuable public assets. It is like selling
family silver to support a profligate lifestyle. Moreover, once a PSU is
privatised, the government is deprived of the future yields from this enterprise.
This could be a large long-term loss in the case of profit generating PSUs.
This point to the shortsightedness of the government's disinvestment
programme.
146
that profits are foregone in order to keep prices down in pursuit of other
objectives. To ignore such possibilities and make profits, which contribute
non-tax revenues to the government, the sole reason for establishing PSUs, is
to conceal the actual grounds on which public capital formation has occurred
in post Independent India or elsewhere in the world.‖
The above dangers are all the more serious in those cases where a PSU
is sold to a foreign company as the latter will be more interested in maximising
147
the 'stock market value for its, shareholders rather than worrying about the,
interest of local labour.
148
performance; Therefore according' to them, the belief 'that privatisation, by
itself, leads to better performance is questionable. For instance, Pranab
Bardhan and John E. Roemer state: "Our claim is that competitive markets
are necessary to achieve an efficient and vigorous economy, but that full-
scale private ownership is not necessary for the successful operation of
competition and markets."20 This claim is substantiated by the experience of
China. The process of economic reforms was initiated in China in 1978;
During 1978 and 1992, GNP grew at an annual rate of 8.8 per cent, while the
industrial sector grew at a rate exceeding 10 per cent annum. As a result,
China's GNP trebled, over the 15 year period 1978-92. This remarkable
growth was achieved not as a result of privatisation but by marketisation and
opening up new areas for competition between : the State owned enterprises
and the non-State sector. One source of evidence for this is the positive
correlation between total factor productivity in Sate enterprises and the
relative size of the non-State sector. Using provisional level data for China
from 1982 to 1990, it has been estimated that a ten percentage point increase
in the non-State sector share of industrial output yielded .an increase of 2.5
per cent to 4 per cent in total factor productivity in the State industry. As the
non-State sector has grown, State enterprises have responded to the
increased competitive pressure by becoming; more productive. 21 Thus the
experience of China shows that to improve the efficiency of inefficient units it
is necessary to create competitive market structure. It is a competitive
environment, rather than ownership, that promotes allocative efficiency.
NOTES
4. Ibid,, p. 56.
5. Ibid., p..55.
149
6. Statement on Industrial Policy, 1991, reproduced in Governmeiu of
India, Handbook of Industrial Policy and Statistics, 2001, pp. 12-13.
11. The first report was brouhgt out in 1993, the second in 2005 and the
third in 2006.
17. Joseph Stiglitz, Globalization and Its Discontents (The Penguin Press,
2002), p. 57.
18. UNDP, Human Development Report, 1993, (New York, 1993), p. 49.
150
20. Pranab Bardhan and John E. Roemer, "Market Socialism: A Case for
Rejuvenation," Jounrnal of Economic Perspectives, Vol. 6, No. 3, 1992.
21. I.J. Singh, G. Jefferson and Thomas Rawski, "Competition is the Key",
The Economic Times, August 1, 1994, p. 6.
151