CHAPTER-IX

 

COMMITTEE ON INDUSTRY

 

I.                                   Composition of the Committee

9.1           The Department-related Parliamentary Standing Committee on Industry for the year 2005 was constituted on 5th August, 2005 under Rule 287 of the Rules of Procedure and Conduct of Business in the Council of States.  The composition of the Committee was as under:—

 

1.             Shri Santosh Bagrodia — Chairman

              RAJYA SABHA

 

2.             Shri K.B. Krishna Murthy

3.             Prof. M.M. Agarwal            

4.             Shri Surendra Lath              

5.             Shri Suresh Bhardwaj         

6.             Dr. K. Malaisamy

7.             Shri Pyarimohan Mohapatra

8.             Dr. Vijay Mallya

9.             Shrimati Sumitra Mahajan                  

10.                           Vacant

                LOK SABHA

11.           Shri Guharam Ajgalle

12.           Shri Kailash Baitha                             

13.           Shri Rajnarayan                                   

14.           Shri Swadesh Chakraborty

15.           Shri Bapu Hari Chaure        

16.           Shri Subhash Sureshchandra Deshmukh        

17.           Shri Ram Singh Kaswan     

18.           Dr. Vallabhbhai Kathiria                     

19.           Smt. Susmita Bauri                                              

20.           Shri Sunil Kumar Mahato  

21.           Shri Prakash Paranjpe                         

22.           Shri Kishanbhai Vestabhai Patel      

23.           Shri Badiga  Ramakrishna  

24.           Shri Gurjeet Singh Rana

25.           Shri Sarvey Sathyanarayana             

26.           Smt. Rubab Sayeda             

27.           Kunwar Manvendra Singh                

28.           Shri Ganesh Singh                              

29.           Shri Suraj Singh                   

30.           Shri Giridhari Yadav            

31.           Shri Chandramani Tripathi

 

 

 

9.2           On 5th August, 2006 the new Committee has been constituted.  The Committee consists of  the following Members:-—

 

1.                    Shri Santosh Bagrodia — Chairman

                RAJYA SABHA

2.                    Shri G. Sanjeeva Reddy

3.                    Dr. (Smt.) Prabha Thakur

4.                    Shri Kalraj Mishra

5.                    Shrimati Hema Malini

6.                    Dr. K. Malaisamy

7.                    Shri Pyarimohan Mohapatra

8.                    Dr.Vijay Mallya

9.                    Shri O.T. Lepcha

10.                 Shri Rahul Bajaj

 

LOK SABHA

 

11.                 Shri Guharam Ajgalley

12.                 Shri S.K. Bwiswmuthiary

13.                 Shri Ajoy Chakraborty

14.                 Shri Swadesh Chakraborty

15.                 Shri Subhash Sureshchandra Deshmukh

16.                 Shri Ram Singh Kaswan

17.                 Dr. Vallabhbhai Kathiria

18.                 Dr. Prasanna Kumar Patasani

19.                 Shri Krishnabhai V. Patel

20.                 Shri P.  Rajendran

21.                 Shri Badiga Ramakrishna

22.                 Shri Gurjeet Singh Rana

23.                 Shri Sarvey  Sathyanarayana

24.                 Shri Rajnarayan Budholiya

25.                 Shri K.C. Pallani Shamy

26.                 Shri Ganesh Singh

27.                 Kunwar  Manvendra Singh

28.                 Shri V.K. Thummar

29.                 Shri Giridhari  Yadav

30.                 Shri  Umakant Yadav

31.                 Shri Mohan S. Delkar

 

II. Constitution of Sub-Committee of the Committee on Industry

 

Sl.            Sub-Committee                     Subject                                                     Name of the Chairman/

No.                                                                                                                                    Convener

1.             Sub-Committee-I                  For Ministry of Agro                           Dr. Vallabhbhai Kathiria

                                                                and Rural Industries

2.             Sub-Committee-II For Ministry of SSI                              Shri Swadesh Chakraborty

 

3.             Sub-Committee-III                For Ministry of Heavy                        Dr.Vijay Mallya

                                                                Industries and Public

                                                                Enterprises

 

III. Subjects selected for examination

 

9.3           The Department-related Parliamentary Standing Committee on Industry selected the following subjects for examination: —

 

 

Sl. No.

Ministry/ Department

Subject

1

Ministry of Agro and Rural Industries

 

PMRY, REGP and KVI Schemes.

2

Ministry of SSI

Credit flow; Cluster Development; problem and prospects of SSI sector; and availability of  land to SSI units in upcoming of SEZ scheme.

 

3

Ministry of Heavy Industries

and Public Enterprises

 

Dalmia Dadri Cement Ltd. (Acquisition and Transfer of Undertakings) Amendment Bill, 2006; Revival of HMT Ltd.; Professionalisation of Boards of Directors in different Sectors of CPSU and performance review of PSEs.

 

 

IV. (A) Sittings of the Committee:  Till December 2006 the Committee held 28 sittings lasting for about 60 hours. The details of the meeting are given in Annexure IX.

 

(B) Sittings of the Sub-Committee: Till December 2006, 2 sittings of the Sub-Committee were held lasting for 03 hours 35 minutes. The details of the meeting are given in Annexure X.

 

V. Study visits:     The Main Committee and Sub-Committees undertook study visits of various parts to have an in depth study of their respective subjects which are as under:

 

Sl. No.

Committee/ Sub- Committee

 

Dates

Places of visits

Agenda

1

Main Committee

8th July to 15th July, 2006

Kolkata, Chennai, Kochi, Bangalore and Mumbai

Availability of Bank Credit, Transport, Steel, Coal to SSI units in the States; revival under BRPSE; review   of the status of HPF; and review    the Unlocking the Assets to Ancillaries of HMT.               

 

 

 

VI. Reports Presented: During 2006 the Committee presented the following 16 Reports to both the Houses:—

 

Sl.No.      Report No.   Date of presentation/ laying in            Subject

                                     Rajya Sabha       Lok Sabha

 

1.

178th

22.05.2006

Report on Unlocking of surplus assets of CPSEs to generate resources for revival and the status of ancillary Units of CPSEs: A case study of HMT Ltd.

2.

179th

 

22.05.2006

Report on Action Taken by the Government on the recommendations contained in Committee's One Hundred Sixty-eighth Report on Demands for Grants (2005-06) of the Department of Public Enterprises (Ministry of Heavy Industries and Public Enterprises).

 

3.

180th

 

22.05.2006

Report on Action Taken by the Government on the recommendations contained in One Hundred Sixty-ninth Report on Demands for Grants (2005-06) of the Department of Heavy Industries (Ministry of Heavy Industries and Public Enterprises).

 

4.

181st

22.05.2006

Report on Action Taken by the Government on the recommendations contained in One Hundred Seventy-first  Report on Demands for Grants (2005-06)  of the Ministry of  Small Scale Industries.

 

5.

182nd

 

22.05.2006

Report on Action Taken by the Government on the recommendations contained in the One Hundred Sixtieth Report on  the Tax Proposals affecting various segments of industries  of  the Ministry of Small Scale Industries.

 

6.

183rd

 

22.05.2006

Report on Action Taken by the Government on the recommendations contained in the One Hundred Seventieth  Report  on  the Demands for Grants ( 2005-06) of the Ministry of  Agro and Rural Industries.

 

7.

184th

22.05.2006

Report on Action Taken by the Government on the recommendations contained in the One Hundred Seventy- second Report on Demands for Grants (2005-06) of the Ministry of  Agro and Rural Industries.

 

8.

185th

 

22.05.2006

Report on Action Taken by the Government on the recommendations contained in the One Hundred Seventy-third Report on Inter-Sectoral Strategic Co-operation to Promote Small Scale Industries of the Ministry of Small Scale Industries.

 

9.

186th

 

22.05.2006

Report on Action Taken by the Government on the recommendations contained in the One Hundred Seventy-fourth   Report on Operational Effectiveness of PMRY, REGP and KVI Schemes in Bihar, Jharkhand, West Bengal and Maharastra  of the Ministry of  Agro and Rural Industries.

 

10.

187th

 

22.05.2006

Report on Action Taken by the Government on the recommendations contained in the One Hundred Seventy-fifth Report on Key concern areas of SSI in select states of the Ministry of Small Scale Industries.

11.

188th

22.05.2006

Report on Demands for Grants (2006-07) Ministry of Agro and Rural Industries.

12.

189th

 

22.05.2006

Report on Demands for Grants (2006-07) Ministry of Small Scale Industries.

 

13.

190th

22.05.2006

Report on Demands for Grants (2006-07) of Department of Heavy Industries (Ministry of Heavy Industries and Public Enterprises). 

 

14.

191st

 

22.05.2006

Report on   Demands for Grants (2006-07) of Department of Public Enterprises (Ministry of Heavy Industries and Public Enterprises).

 

15.

192nd

23.11.2006/24.11.2006

Report on   the Dalmia Dadri Cement Ltd. (Acquisition and Transfer of Undertakings) Amendment Bill, 2006 (M/o HI&PE)

 

 

16.

193rd

 

23.11.2006/24.11.2006

Report on Action Taken Report on the 178th report of the
Committee on the Unlocking of Surplus Assets of CPSEs to
generate resources for revival and the status of ancillary Units of CPSEs: A case study of HMT Ltd.

 

VII. Summary of the Reccommendations

 

(a) 178th Report

 

Industrialization by CPSEs

9.4           The Committee observed that since their inception the CPSEs had initiated a wave of industrialization in their adjoining region. The CPSEs were direct mainstay for several small-scale ancillaries and suppliers and many more indirectly.  These Units had thrived on the orders from CPSEs. The Committee was of the view that if the trend could continue this would have benefited both parent company and the ancillary units.

 

Resource requirement of the HMT for its revival

9.5           Considering the resource requirement of the HMT for its revival and the Committee’s consistent emphasis on need to encourage the CPSEs to generate their own resources to assume full autonomy, also appreciating the long association of ancillaries with their parent HMT Company and taking a view of their offer to purchase the sheds at the price ascertained by State Government agency TECSOK as against the market price which is demanded by the HMT, the Committee recommends that the CMD of the HMT, in exercise of the powers vested in him, on taking a lenient and favourable view on demand of the ancillary owners, constitute a sub-Committee in the Board of Directors to review the issue in consultation with stakeholders within the parameters of Company’s financial requirements. Such sub-Committee should furnish its report to the Board of Directors of the Company, within a time frame who may then take a final view on the issue in its earliest meeting.

 

9.6           The Committee also recommended that the Government should formulate a common policy for the CPSEs for disposal of their surplus assets in a way to maximize the returns.

 

(b) 179th Report

 

Purchase Preference Policy

 

                9.7           The Committee felt that Purchase Preference Policy could be treated only as an interim arrangement. Such an arrangement contributes practically nothing to the Consolidated Fund by way of earning from market. The PSEs must be increasingly encouraged to diversify in the open market and re-align themselves with the emerging market through Joint Ventures and global marketing alliances instead of relying solely on Government/PSEs for orders. Though the Policy provided a cushion for PSEs, they must take benefit of current buoyancy in the market.

 

Notification to repeal SICA

 

9.8           The Committee observed that pending the notification to repeal SICA, the linkage between the two bodies BIFR and BRPSE remains undefined. The Committee, therefore, recommended that the Government should decide on linkage between BIFR and BRPSE at least, till such time a final decision on BIFR is taken by the competent Court.

 

                9.9           The Committee also noted that management development courses are the main benefit of DPE’s membership of ICPE, which had been availed by only 76 executives in last three years with DPE paying an annual membership fee of US $ 75000. The Committee may be apprised of the items included under this contribution. The Committee could also like the DPE to take a fresh look into the cost benefit ratio of such membership and justify the same of next year’s Demands and inform the Committee accordingly.

 

Support to PSEs in achieving the targets in MoU

               

9.10         The Committee would like to know the nature of such support to PSEs in achieving the targets in MoU.  The Committee observed that the number of PSEs earning favourable ratings is increasing while those getting ‘Poor’ rating have decreased.   Keeping this in view, the Committee also observed that the number of PSEs entering the MoU has been falling from 108 in 1999-2000 to 96 in 2003-04.  The Committee wondered, if the PSEs having poor ratings are being excluded from the MoU system. If that is true, is it safe to construe that the Government’s support under MoU system is practically not available to the loss making PSEs.  The Committee would like to know if there is a policy to exclude such PSEs from signing the MoU.  If so, the Committee would like to know the rationale behind such policy.

 

Boards as Independent Directors

 

9.11         Despite elaborate policy intentions to include persons of proven expertise in the Boards of PSEs, the Committee observed that former bureaucrats, serving representatives of autonomous organizations under government, representatives of subsidiary companies have been included in the Boards as Independent Directors in addition to Functional and Official Part- time Directors. In several cases retired bureaucrats are reappointed as Independent Directors. The Committee felt that such an arrangement does not fall in the spirit of the policy of appointing Independent Directors on the Boards of Directors of the PSEs. The Committee also expressed reservation on the practice of renewing the tenures of existing Directors in some cases. The Committee urged the department to ascertain that the implementation of the policy is in consonance with its true objectives and bring to the notice of this Committee any dilution in the “Professionalisation” of Boards.

 

9.12         The Committee was of the opinion that there should be uniformity in the qualification, selection and mandate of Non-Functional Part-Time Directors, as too many categories within the Board may affect its efficiency and autonomy. The Board must be defined in terms of its mandate and the interest of the Company and not by the categories of its Directors. The Committee would like to have Government’s comments on the need for uniformity in Part-Time Directors.

 

9.13         The Committee was constrained to observe that the information provided by the DPE was not only evasive but also insufficient and incomplete.  The Committee observed that DPE  has not reacted  to the criteria of “Independent Directors” as elaborated by the Naresh Chandra  Committee.  Similarly the DPE has not responded to the Narayan Murthy Committee’s recommendation on “Nominee Directors”.

 

9.14         The Committee be apprised of the reasons on which is recommendation to extend the benefits of CRR scheme to family members was refused by the Planning Commission. The Committee reiterates its recommendation as contained in its 150th Report in this respect, and recommends a re-look into the issue as it will increase the family income of the VRS optees.

 

                9.15         The Committee observed that distinct preference was given to serving officers from the Armed Forces in the Board level appointments in the PSEs under the Ministry of Defence, on the plea that Armed forces were premier customers of these PSEs. The Committee wondered, if such an arrangement reduces PSEs as a captive Company instead of an autonomous commercial entity. The Committee was of the view that the products of these PSEs have a large civilian market too. The Committee felt that if the private sector is being involved in the defence sector, why cannot the defence related PSEs harness potential in civilian and export market with their duel-use products and technology.

 

9.16         The Committee felt that the maximum age for Independent Directors too should be appropriately reduced to maintain uniformity in the Board of Directors.

(c) 180th Report

Technology upgradation to secure high-end market

9.17         The Committee apprehended that despite robust growth in capital goods sector, the PSEs find difficult to secure orders and in several cases to execute the orders due to lack of working capital and other constraints.  The Committee, accordingly, recommended that efforts should be made by the PSEs to utilize current opportunities in the market.  As the capital goods market is essentially technology-intensive, PSEs must undertake the technology upgradation to secure high-end market.

 

Linkage between BIFR and BRPSE

 

9.18         The Committee  recommended that the Government should decide the on linkage between BIFR and BRPSE at least, till such time a final decision on BIFR is taken by the competent Court.

 

9.19         The Committee  observed with concern that multiplicity of agencies even in deciding the revival may and has resulted in different opinions, successive appeals and costly delays.  Even after deciding, the revival packages have failed in several cases.  The Committee apprehended that in the process of analyzing the cases the BIFR has assessed the Techno-Financial feasibilities of individual PSEs prepared by expert agencies.  Yet the appeals are filed in AAIFR and High Courts/Supreme Court and now these may further will be referred to new BRPSE for appraisal before a final decision is taken by the Cabinet.  The entire process is time consuming and costly.  The cost of delay had been immense in terms of rising liabilities that have eaten up the net worth of the PSEs.  It may be an effort in duplication.

 

Long-term objectives

 

9.20         The Committee noted that DHI was unable to commit on firm and tangible long-term objectives in quantitative terms that could be a benchmark against which the performance is assessed.  On most of the long-term issues Department’s reply has been elusive.  The Committee observes that despite huge financial liabilities all the major decisions are still left to BRPSE.  Pending its recommendations being approved by the competent authority, the Department is taking measures that are ad-hoc window-dressing of depleted worth of PSEs.  The Committee was of the opinion that scarce resources cannot be lost endlessly amidst huge liabilities of PSEs.  A lasting solution has to be found urgently and accountability must be accordingly fixed for which it is necessary to determine the benchmarks of performance.

 

9.21         The Committee observed that while the aggregate growth in PSEs under DHI compares well with the capital goods growth, but this level of growth is mainly contributed by one PSE namely Bharat Heavy Electricals Ltd. (BHEL) which showed a growth of 15% during this period.  Most of the PSEs have shown a negative growth mainly due to financial, marketing and technological constraints.

 

Generation of internal resources

 

9.22         The Committee observed that cement and non-metallic industries are not able to generate extra-budgetary support in the engineering and consumer industry sector only BHEL and HPC are able to garner extra budgetary support to some significant level.  Whereas the generation of resources by rest of the companies, is nominal.  This is certainly not an acceptable situation.  The DHI should come out with concrete proposal so that not only the number of companies who generate the internal resources increases but also these Companies generate substantial resources.

 

 

9.23         The Committee noted that while the PSEs in the heavy engineering and capital goods category are facing the constraints due to lack of orders mainly from Government and competition from foreign companies due to opening up of domestic market.  Heavy wage bill, inability to generate internal resources or extra budgetary resources due to huge liabilities and previous NPAs, over reliance on the budgetary support even for working capital and also for the orders, inability to upgrade the produce line according to market needs, technological drawbacks, lack of corporate dynamism, inability to create new niche in the market or locate new market are the major constraints for any sustainable revival of the PSEs.

 

9.24         The Committee recommended that certain companies in capital goods sector are critical for development of heavy engineering and infrastructure sectors irrespective of their financial condition.  These companies in any case rely heavily on the Government’s investment in huge infrastructure projects.  While they can be encouraged to generate their internal resources through innovative corporate strategies like global tie-ups and JVs. Government must at the same time support such facilities.

 

9.25         The Committee recommended the allocation for the renewals/replacements, additions and modifications, etc. should be judicious and should be justified by the objectives it is likely to achieve.  Allocations should not be for mere token symbolism as it may amount to blocking scarce resources, which the country can only ill-afford.  The Committee was informed that such allocations were necessary for the technical requirements of budgetary process.  The Committee feels that such small amount obscures the entire scope and scenario of prospective expenditure.  The Department may avoid blocking such amounts in future.

 

Lump-sum allocations for Plan-Capital expenditure

 

9.26         The Committee further observed that there are too many lump-sum allocations for Plan-Capital expenditure that have not been sufficiently elaborated.  The Committee has been further informed that these allocations are liable to be raised at the subsequent stages.  The Committee shall be apprised if such unexplained expenditure that cannot be estimated, could at all be Planned-Capital expenditure.

 

9.27         The Committee also noted that of the seven companies, five have been referred to BIFR. Of the seven companies only Bridget and Roof is earning profit.  Appeals against BIFR’s decision in respect of R&C and TSL are pending before AAIFR.  The Committee also noted that the companies under BYNL group are being placed before BRPSE in phases.  The Committee hoped that BRPSE would expedite the matter.

 

Budgetary scheme

 

9.28         The Committee observed that the Budgetary scheme and explanatory notes on expenditures do not give sufficient explanation/details of the allocations.  There is always a possibility of duplication of expenditures through multiple Heads.  The test criterion of the budget is clarity and transparency instead of ambiguity.  The objective of the parliamentary scrutiny of budget was to know efficacy of the objective and efficiency of expenditure to achieve the objective.  Expenditures are split into classes and sub-classes, thereby preventing a clearer picture of expenditure for a particular objective.  The Committee  also liked to know the rational necessity and objective criteria of the classification of diverse expenditures under one category and Budget Head instead of the details of allocations.  The Committee felt that the DHI should take up these issues for consultation with the Ministry of Finance.

 

(d) 181st  Report

 

Appropriation of Non-Plan Expenditure for NSIC in the year 2004-05

 

9.29         The Committee considered the reply of Ministry of SSI and further recommended that the matter of budgetary support to NSIC to meet out expenses on VRS must again be taken up with Ministry of Finance so that the NSIC is given opportunity to rationalize the manpower.                                                     

 

 

9.30         Institutional arrangement made in North Eastern Areas for promotion of SSI in the region. The Committee recommended that the progress in opening of offices of the NSIC should be geared up by the Ministry so that it could take up the programmes to increase its reach in the Region.

 

Strengthening of Small Industries Development Bank of India (SIDBI) for extending financial and support services to SSIs

 

9.31         The Committee agreed with whatever steps had so far been taken by the SIDBI through Ministry or itself for extending direct credit to SSI at the same time Committee recommended that RBI could be approached again forcefully and implementation in this direction if any could be shared with the Committee so that the issue could be taken with higher ups of RBI/Ministry of Finance.

 

(e) 182nd Report

Level playing field to the domestic industry

 

9.32         The Committee noted  that the Government had extended a variety of fiscal incentives for promoting the Small Scale Industries, however, this Committee felt that the Advisory Committee, constituted under the Chairmanship of Member (Central Excise), Central Board of Excise and Custom (CBEC) to  advise the Government on the extent of abatement for both excise and Service Tex, should also examine the issue of the requisite period for which such fiscal incentive is required to promote the SSI  units. The said Advisory Committee might also examine the issue of extending the central fiscal incentives to SSI units engaged in the SSI activities to the select region of the country in such a way that it might ensure the balanced industrial distribution and development and prevent the shifting of the industries from one region to another due to aberration  in the tax-incentives.

               

9.33         The Committee observed that since the medium enterprises were emerging out of the SSI units and they were on the move towards the consolidation stage, therefore, the Advisory Committee might also consider the issue of examining  as to whether the emerging MEs required central fiscal incentives for the rapid promotion and proliferation and catching up with the global pace of growth.

Import duty on the raw materials

 

9.34         The Committee understood the need for obviating the inverted customs duty in order to maintain the differential duty-structure on the raw-materials and the finished products. The Committee agreed with the reply of the Government that the output of one industry might be the input of another industry therefore, it might not be possible to remove the duty-structure in all cases. However, the Committee  was of the view that tax-structure could not be on the random basis, it had to be based on certain reasons and principles that identified products were the finished products and from those which could be used still as raw-material. Such identification and its classification had to be on rational basis to avoid the double-taxation and to maintain the accepted general principle of taxable that the import duty on the raw-material has got to be lower than the duty structure on the finished products. The Committee’s concern was that the end-users could get the solace from the rational duty structure. Government would also not be under any revenue loss from the intermediate user of products which still remained as the raw materials.