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GOTABAYA RAJAPAKSA
ELECTED PRESIDENT
OF SRI LANKA
Deposit insurance may Corporate India’s
Q2 profit at 15-yr
Sri Lanka’s former wartime defence
minister GOTABAYA RAJAPAKSA, part of the
country’s most powerful political dynasty,
has been elected president, raising fears
about the future of human rights and
religious harmony in the region. Rajapaksa,
be hiked to ~5 lakh
New scheme likely for wholesale at ~25L; proposals could figure at RBI board meet
low on telco losses
the candidate for the SLPP, the Sinhalese-
Buddhist nationalist party, claimed an easy RAGHU MOHAN
COMBINED EARNINGS NET SALES DOWN
victory in the presidential election held Mumbai, 17 November
RBI turns down
on Saturday, which had PLUNGE 68% YoY TO 0.8% YoY — WORST
B
been fought against the ank deposit insurance in the coun- banks’ plea to relax
backdrop of some of the try may be split into two categories, June 7 circular ~36,500 CRORE SHOWING IN 3 YEARS
worst political instability with retail cover being raised to
With no resolution in sight for
and violence the
country has seen
~5 lakh, from the current level of
~1 lakh; and a new scheme being introduced nearly ~3 trillion of stressed assets,
KRISHNA KANT
Mumbai, 17 November
NET SALES: FALLING
since the end of for wholesale depositors at ~25 lakh. banks seem to be reaching a OFF THE CLIFF
dead-end with respect to Trend in quarterly net sales growth for
the civil war a When given effect, it will be the first India’s listed companies, excluding listed firms (YoY change in %)
decade ago. upward revision in deposit insurance after inter-creditor agreements signed financials and oil and gas, reported a
1993. The last reset was on May 1, 1993, after for these loans. Sources said combined net loss for the first time in
Page 12 the Bank of Karad went down in the securi- banks had sought some relaxation at least 15 years, while their net sales
China, Sri Lanka join hands ties scam of 1992. The reset prior to this at from the RBI on timelines and contracted for the first time in four
>
to take on IFC ~30,000 was given effect to on July 1, 1980. DEPOSIT modalities for reaching a years in the July-September quarter
A well-placed regulatory official said he resolution under the regulator’s (second quarter, or Q2).
> Debt trap and ethnic divide await
“more than hoped the Ministry of Finance INSURANCE January 1, 1976 June 7 circular on prudential While the bottom line slipped into
Gotabaya Rajapaksa will hike the deposit insurance limit. It is AT A GLANCE ~20,000 framework for resolving stressed the red due to record losses posted by
long overdue”, but added he was not aware if assets. HAMSINI KARTHIK writes 4 > mobile operators
the new scheme for wholesale depositors January 1, 1968 July 1, 1980 during the quarter,
COMPANIES P13 would also be announced along with the ~5,000 ~30,000 Opinion the decline in sales
PAGE 13
Bharti Airtel withdraws hikeindepositinsurance(asweknowitnow) April 1, 1970 May 1, 1993 premium (RBP) for deposit insurance. If is attributed to
EDIT: SAVING demand contraction
bid for RCom assets
to ~5 lakh. It was, however, made clear that “it
isunlikelythatthepremiumpaidper~100by
~10,000 ~1,00,000 implemented, it could lead to a situation
wherein depositors may opt to move their THE TELECOM in the domestic
MAJOR CUTS IN
Telecom operator Bharti Airtel has banks for deposit insurance to the Deposit deposits to safer banks if the RBP paid out is SECTOR economy. This, PRE-TAX PROFITS
withdrawn its bid to purchase assets of InsuranceandCreditGuaranteeCorporation PREMIUM RATE made public; or gets leaked. analysts say, also Trend in quarterly net sales growth for
listed firms (YoY change in %)
Reliance Communications after terming
the move of committee of creditors to
(DICGC) at 10 paise will be raised so as not to
increase their burden”.
PER DEPOSITS (paise per ~100)
It may be recalled that RBP found men-
tion in the Jagdish Capoor Report in 1999,
clouds the earnings outlook for the
forthcoming quarters.
extend the bid submission deadline on It was pointed out that the matter might Jan 1, Oct 1, July 1 April 1, April 1, and later in the Committee on Credit Risk Listed companies, excluding
the request of Reliance Jio as figure when the Reserve Bank of India’s 1962 1971 1993 2004 2005 Model (2006) set up by the DICGC. The most financials and oil and gas (whose
“extremely unfair” and “biased”. (RBI’s) central board met on December 13 in 5 4 5 8 10 recent one — the Jasbir Singh Committee earnings are volatile), reported a
Bhubaneswar. There are two other proposals (2015) on Differential Premium System for combined net loss of ~16,000 crore
which may be up for consideration by the Banks — was discussed at the central bank’s in Q2 of 2019-20 (FY20), against a
Ministry of Finance. One, that banks be separate reserve to protect the interests of board meeting held on October 16, 2014. net profit of ~73,000 crore during
ON allowed to obtain additional deposit insur-
ance — over and above the proposed
depositors of banks which fail due to frauds
like in the case of the Punjab & Maharashtra
It was decided then that “DICGC could
explore the possibility of putting in place a
the same period last year. This is
the first time in many years where
MONDAY enhanced limits — be it for individuals or Co-operative Bank (PMC Bank) and the differentialpremiumwithintheco-operative companies (excluding energy and
SPECIALS institutions by payment of an additional PenCo-operativeUrbanBank.Itcouldnotbe sector linking it to governance and risk pro- financials) ended a quarter with a
Note: Net sales is net interest income in case of
premium. Two, that the DICGC — a wholly- ascertained if North Block and the central file of co-operative banks”. There was little loss on a combined basis. banks and non-bank lenders
BANKER’S TRUST: owned subsidiary of the RBI — create a bank will examine the concept of risk-based forward movement on this subject until now. Turn to Page 13 > Source: Capitaline
IN BRIEF
FESTIVE
Homecoming costs Mittal ~49,670 cr
ISHITA AYAN DUTT Bankruptcy Code (IBC), a promoter
STORYBOARD High-margin plates produced by
VOLUMES W ~42,201.77 cr
hen ArcelorMittal in pany capacity of 20 million tonnes, split
October last year revised its “It’s an expensive buy but getting over 8 million tonnes in Visha-
bid for debt-laden Essar an asset like Essar is virtually impos-
resolution amount khapatnam and 12 million tonnes in
DECLINE Steel to ~42,000 crore, steel prices
in the domestic market were peak-
sible. The asset is top of the line,”
said Ankit Miglani, promoter of
~7,469 cr
dues on account of Uttam
Paradip. Currently 6 million tonnes
is operational in Paradip but last-
ing, with the benchmark hot-rolled Uttam Galva Steels. mile funding would take it to 12 mil-
coil price hovering close to ~46,000 According to Miglani, the addi- Galva Steels and KSS Petron lion tonnes.
India’sfestiveseasonstretchingfromthefirstweekendof
AugusttillendofOctoberisanimportantindicatorof a tonne. tional payment on account of Uttam FUTURE The acquisition would immedi-
consumptionintheeconomy.Ananalysisusingdatafrom Thirteen months later as the Galva and KSS dues was a painful ately make the combine of
theBroadcastAudienceResearchCouncil(BARC)andTAM cloud over the deal is clearing, prices cover charge to enter India. “Though ~18,649 cr ArcelorMittal and Nippon, the joint
have tumbled by close to 25 per cent. I am grateful, it’s not fair to capex over six years venture partner, the fourth-largest
AdEx,donebymediaagencyveteranShripadKulkarni,
In February last year, when the ArcelorMittal.” player in India. “Arcelor and Posco
showsthatadvertisingvolumesinkeycategoriessuchas
world’s largest steel maker threw its ICRA Assistant Vice-President ~1,700-2,500 cr have tried for more than a decade to
print,television,radioandoutdoorhasdeclinedsharply hat in the ring for Essar, steel prices (corporate sector ratings) Ritabrata cost of acquiring slurry set up a steel plant in India.
duringtheperiodthisyearoverlastyear.Kulkarniattributes were at ~43,000 a tonne, much high- Ghosh, however, pointed out that pipeline in Odisha if Greenfield projects come with their
thedeclinetosmallercompaniesoptingnottoadvertisein er than its current level of ~34,000- Essar had an effective steelmaking own sets of challenges,” said Ghosh.
it decides to
aslowdown.Healsosaysthatlargercompaniesarerationa- 35,000 a tonne, and the bid amount capacity of 9.6 million tonnes. ArcelorMittal, however, will have
lisingtheiradspends.Half-pageads,hesays,havedoubled lower at ~35,000 crore. “Even if the payment for Uttam to make capital expenditure once it
intermsofrateofgrowthyear-on-year,whilefull-pageads But the bid submission set off a Galva and KSS at ~7,469 crore is million for the third quarter, which Indian steel market had grown 17- takes over. Its resolution plan has
havedeclinedby18percentandsmalladshavefallenby28 chain of court battles and finally loaded, the cost increases to around happened to be the second straight fold compared with the growth of indicated a capital expenditure plan
percentfromayearagoinprint. COMPILED BY VIVEAT SUSAN PINTO ended in a revised bid of ~42,000 ~50,000 crore. The per tonne cost of quarter in the red. According to four times for the world, including of ~18,697 crore, to be implemented
crore. In the interim, the steel cycle acquisition would be $730 per tonne, reports, it had idled a series of plants China. in two stages over six years.
AMOUNT OFAD SPEND DECLINE INAD SPEND BY turned. Add to it, the ~7,469 crore which compares favourably with in Europe and recently said it would Even in the worst of times, steel Ghosh, however, said the imme-
RIDING ON FESTIVE VOLUME IN AUG-OCT 2019 that Arcelor had to pay to become Bhushan Steel at $886 per tonne and retrench nearly 1,000 workers and demand is growing by 5-6 per cent, diate capex requirement in the near
eligible for the bid under India’s Bhushan Power (yet to be complet- shut down its Saldanha plant in said Ghosh. term could be around ~3,000 crore,
SEASON ANNUALLY (~ cr) (% YoY growth)
insolvency law, and it adds up to ed) at $925 per tonne,” he said. South Africa, which has lost its com- Mishra also added Essar’s Hazira which would help Essar bring down
Print -12 nearly ~49,670 crore. The high value of stressed steel petitive advantage. plant was a world-class asset. He had operating costs, start operations at
TV -6 ArcelorMittal didn’t comment. assets also reflects the uncertainty of Industry sources, however, point- advised Essar Steel for a year. the previously won Odisha iron ore
Under the law, Arcelor had to pay putting up greenfield projects in ed out that the Indian market was The last two years have been good mine, and fully operationalise the
18,750 Radio -20
25,000 Aug-Oct*
~7,469 crore to the financial credi- India, apart from the cost, which is different. It is a growing market with for Essar Steel. In 2018-19, Ebidta 12-million-tonne Paradip pellet
Aug-Dec Outdoor -8 tors of Uttam Galva Steels and KSS $1 billion for a million-tonne capac- a low per capita consumption of (earnings before interest, tax, depre- plant.
*Digital 15 Petron — both defaulting firms — ity. steel at 70.9 kg against the global ciation, and amortisation) stood at Also, it would have to settle issues
75% of total festive advertising done Digital's rate of growth between August
to be considered eligible for Essar The acquisition, however, is average of 224.5 kg. ~4,400 crore; in the first quarter of around the Odisha slurry pipeline.
between August and October and October 2019 has halved Steel. At the time of paying the being taken to a logical end at a time Sanak Mishra, who was chief this year, it was ~1,100 crore and in Sources indicated that it could
Uttam Galva debts, ArcelorMittal when ArcelorMittal, which produces executive officer of ArcelorMittal’s the second quarter ~750 crore. extend the lease or a buyout was also
DECLINE IN PRINT FESTIVE DECLINE INTVFESTIVE had said it was considering taking around 5 per cent of global steel, has India projects when it was still pur- Essar has an effective steelmak- possible if debts were paid. The
ADVOLUMES (% YoY drop) ADVOLUMES (% YoY drop) ownership of the company. forecast a contraction in demand. suing its greenfield plants, said in ing capacity of 9.6 million tonnes pipeline’s debts could be in the
Under the Insolvency and Arcelor reported a net loss of $539 the past 50 years up to 2018, the with a rich product profile. region of ~2,000-2,500 crore.
Colcm -11.60 Duration -20.0
No.ofads -12.20 Frequency -17.0
Essar Steel, Adani, NCLAT rejects PepsiCo unseasonal rains and slowdown in
MARKET UP…
wider. It is no longer young people but also
12.0
12.0
9.0
7.0
tionary companies like multiplex and so on. Therefore, the choice that cus-
6.5
6.1
SSG of keyfashion
of its machinery
5.2
5.2
of Reliance gas players, food service operators, and tomers are demanding is becoming wider,”
4.1
retailers (% growth
4.0
3.7
3.5
fashion retailers remain confident. says Vipul Prakash, chief operating officer.
3.0
rateYoY)
2.0
Essar Steel, Adani Group and TheNationalCompanyLawAp- Mohit Malhotra, chief execu- Sometimes, he
1.0
state-owned GAIL have pellateTribunal(NCLAT)hasrej- tive officer, Dabur India, said, Q4FY19 Q1FY20 adds, the reason to A growing number,
bought majority of natural gas ectedthepleaofPepsicoIndia “This seems to be a long and pro- Q2FY20 Q3FY20* choose a homestay over millennials in
from Reliance Industries’ seekingreleaseitsmachinery tracted slowdown. Consumer a hotel could be eco- particular, is looking
-4.4
-1.0
newer fields in the KG-D6 fromOceanicTropicalFruits, incomes have gone down. There nomics. Instead of for alternatives to
block at an indicative price of whichisundertheinsolvency is a severe liquidity crunch in the Estimated figures; booking, for example, hotel bookings
Source: Analysts; SSG is
$5.04 - 5.16 per unit, sources process.Pepsicohadmoved market, coupled with unseasonal same-store sales growth BrandFactory Central Pantaloons Westside V-Mart ShoppersStop two rooms for a family when planning
said. Essar Steel picked up 2.25 theNCLATagainsttheorderpa- rains that have impacted farm of six, people prefer a holiday
million standard cubic meters ssedonMay28bytheChennai incomes.” booking a more luxuri-
per day or about half of the BenchoftheNCLTdenyingper- Malhotra was speaking to ana- Executives at Westlife Develop- Shoppers Stop and V-Mart saw a through our McSavers programme. ous villa or apartment that they can have to
available volumes in the day missiontoPepsiCototakeback lysts last week when he gave his ment and Jubilant FoodWorks, weak SSG in Q2. According to We also focused on different day themselves and also pay much less.
long auction conducted on itsmachinerythatwaslyingat outlook for the future. But most which run McDonald’s and experts, this happened because of parts such as mornings and even- MMT has to ensure that basic security and
November 15. PTI< OceanicTropicalFruits. PTI< other CEOs from FMCG companies Domino’s stores, respectively, said Shoppers Stop’s strategy shift and ings with breakfast and evening cleanliness are provided by a homestay. Other
endorse this view, saying these are the month of October that coin- V-Mart’s small town focus affect- meals, improving sales growth.” amenities can be discussed by the traveller
challenging times for the market. cided with the festive period was ing growth. Ashish Dikshit, managing with the person booking the accommodation
Signature Global to Kia to expand sales Sumit Malhotra, managing strong for them. The momentum “During a slowdown, people director, Aditya Birla Fashion and directly. “We try to provide as honest an
invest ~400 cr in network to over director, Bajaj Consumer Care, has continued into November, escape from hardship, watching Retail, which runs the Pantaloons assessment of what the property facilities
said, “The growth engine for the they added, led by a focus on value movies or shopping for low-ticket chain, said, “The fundamental are...but, as you are looking at a property or
2 housing projects 300 touchpoints FMCG market used to be rural meals and online deliveries. discretionary items. This explains shift from unbranded to branded homestay, you can directly reach out to the
RealtyfirmSignatureGlobalon AutomajorKiaMotorsplansto areas. However, for the first time, Both players reported same- why the multiplex operators have wear remains. Fashion retailers host through the app and have your questions
Sundaysaidthefirmwould expanditssalesnetworktoover rural growth has been negative (in store sales growth (SSG) in the 5-7 done well in Q2, so do the food have also improved their go-to- answered,” explains Prakash.
invest~400croretodevelop 300touchpointsinIndiabythe Q2). Urban has been outgrowing per cent brackets in Q2 in an oth- service operators and fashion market strategies, using both Last month, a survey by the Gurugram-
twoaffordablehousingprojects endofthecurrentfinancialye- rural. And if this continues, we will erwise weak market. The trend was retailers, who focus on affordable online and offline channels to based entity had 48 per cent of the 3,000
inGurugramunderaHaryana ar,asitlookstobolsterpresence see a long-term period of flat no different for multiplex opera- wear,” said Abneesh Roy, execu- drive sales. All this is contributing respondents saying they were most likely to
governmentscheme.TheCen- inareaswhereitisnotthatwell growth for the overall market in tors such as PVR and Inox who tive vice-president, research (insti- to growth in the market.” book alternative accommodation — villas,
trehasreducedGSTonaffor- representedcurrently,asenior the coming quarters.” reported strong double-digit gro- tutional equities), Edelweiss. “I see Most fashion retailers have also apartments, homestays, hostels, cottages,
dablehousingto1percentonly firmofficialsaid.Thefirmaims Research agency Nielsen has wth in footfalls in Q2, increasing these companies continuing to do launched labels in the October- farm stays — for their next trip. The trend is
andisprovidinganadditional toaddsalesoutletsinsmaller already lowered its growth forecast box office as well as food and bev- well in Q3,” he said. December period, targeting mass led by millennials (roughly, those born
deductionof150,000on citiesinordertobenearertoits for the FMCG market in the erage revenues in the period. Amit Jatia, vice-chairman, as well as premium consumers. between 1981 and 1996), who show higher
interestpaidonhomeloans prospectivecustomers.This October-December period to low Fashion retailers such as Brand Westlife Development, said, “The- Some have refurbished their stores propensity for doing this. While US-based
underincometaxlawforflats wouldalsohelpthefirmrakein single-digit from mid-single-digit Factory, Pantaloons, Central, and re was a concerted strategy by us to to lure consumers. Multiplex oper- Airbnb clearly leads the homestay segment,
pricedupto~45lakh,aspartof additionalnumbersasitreadies in July-September. Westside, too, saw SSG in Q2 in the understand what we could do to ators have a strong line-up of films the other big player in online travel,
itseffortstoboostproperty todriveinitssecondproductin Food service operators have a region of 6-14 per cent, the highest ride out of the slowdown. So, the in Q3 to keep the pace of growth Booking.com, has also been adding alternative
demand. PTI< thecountryinFebruary. PTI< different story to tell though. in three quarters. However, emphasis was on value meals going. accomodations to its listings.
S
tate-owned National Buildings Con- 75 per cent of 858 acres, which is likely to
struction Corporation (NBCC) on be transferred to Jaypee Infratech.
Sunday sweetened its bid to acquire Sources said Jaypee Infratech had
bankruptcy-bound Jaypee Infratech, by about 3,000 benami flats, which have no
offering lenders 1,426 acres instead of 950 claimants and NBCC is ready to give 50 per
acres and providing half the 3,000 benami cent of these units to bankers. These flats
flats to them, sources said. are estimated to be worth ~2,500 crore.
The company, which submitted its res- In its last resolution plan submitted
olution plan on Sunday, is also believed to in May-June 2019, the NBCC had pro-
have offered 75 per cent of the 858 acres posed infusion of ~200 crore equity capi-
expected to be transferred back to Jaypee tal and transfer of 950 acres worth ~5,000
Infratech from parent company Jai- crore as well as Yamuna Expressway to
prakash Associates, they added. Jaypee Infratech has about 3,000 benami banks in order to settle an outstanding
NBCC has also taken the responsibility flats that have no claimants, say sources claim of ~23,723 crore of financial credi-
for selling ~1,750 crore worth unsold flats tors, including banks and home buyers.
of Jaypee Infratech instead of offering Realty has also submitted its bid but its Jaypee Infratech owed nearly ~10,000
them to lenders, sources said, adding that details could not be ascertained. crore to bankers. Anuj Jain, the IRP, has
the Yamuna Expressway, which connects A meeting of Committee of Creditors sought revised bids from the NBCC and
Noida and Agra, would also be transferred (CoC) is scheduled for November 18, to SurakshaRealtyandcalledtheCoCmeeting
to financial creditors. discuss the resolution plans of both the as per the direction of the apex court.
NBCC and Suraksha Realty were asked contenders. On November 6, the Supreme Court had
to submit their revised offer by Jaypee According to sources, the NBCC has directed completion of Jaypee Infratech’s
Infratech’s Interim Resolution Prof- offered 1,426 acres worth ~5,000 crore to insolvency process within 90 days and said
essional (IRP) Anuj Jain, according to the financial creditors as against 950 acres in the revised resolution plan will be invited
direction of the Supreme Court. Suraksha the earlier bid that got rejected by the COC only from NBCC and Suraksha Realty.
PromoterpledginginApolloHospitals
may come down to 20-25%, says CFO
GIREESH BABU month — a final leg of regula- the listed entity ~261.5 crore in to 30.8 per cent.
Chennai, 17 November tory clearances is awaited. Once cash (subject to indemnity The firm is also awaiting
that (happens), we hope to see related and other contractual- final regulatory approval for the
The promoter entity’s pledged the promoter pledge also come ly agreed deduc- hiving-off of the
shares in Apollo Hospitals Ent- down to a manageable 20-25 tions) and ~38.2 Of the 51.2% stake front-end of its
erprise (AHEL) will come down per cent. That would be a com- crore from Munich by Apollo Hospitals pharmacy business.
to a manageable level. fortable number,” said A Health Holding AG Group in Apollo It expects to make
It rose above 70 per cent a Krishnan, chief financial offi- as joint venture ter- Munich Health that a separate enti-
couple of quarters before, rais- cer of AHEL. He was speaking mination fee. The Insurance to HDFC, ty by end-January.
ing concerns in the market. At after the announcement of the promoters recently for ~1,347 cr, the Apollo Health
the end of September, the pro- September quarter results. sold five million listed entity, AHEL, and Lifestyle, its
moter group shareholding was Of the 51.2 per cent stake by shares through sec- holds 9.96% retail health care
30.8 per cent, of which about Apollo Hospitals Group (and a ondary placement services business
66 per cent was pledged, few employees) in Apollo Mun- to institutional investors, rais- arm, achieved break-even on
according to a regulatory filing ich Health Insurance to HDFC, ing a little over ~700 crore to earnings before interest, tax,
“The Apollo Munich transac- for ~1,347 crore, the listed enti- reduce the pledged shares. depreciation and amortisation
tion (stake sale in it) is expected ty, AHEL, holds 9.96 per cent. With this, the promoter share- during the quarter, as earlier
to fructify over the next one The sale is expected to bring holding fell from 34.4 per cent expected.
4 ECONOMY & PUBLIC AFFAIRS
>
MUMBAI | MONDAY, 18 NOVEMBER 2019 1
W
ith no resolution in sight for be in default by any of the lenders, value and 60% by number will This implies that while banks may placed to compete with
nearly ~3 trillion of stressed all lenders will have to undertake be binding on all the lenders have to make additional provisioning duty-free import. The
assets, banks seem to be a review of the borrower's in the March quarter of this fiscal requirement of making
reaching a dead end with respect to Resolution plan should be year, the provisioning could be sub- drawback claims only on the
account within thirty days implemented within 180 days
the inter-creditor agreements (ICAs) sequently reversed in the same quar- basis of documents evidenc-
signed for these loans.
from such default from the end of review period ter and/or in the June quarter of the ing payment will not be
Sources said banks had sought
some relaxation from the Reserve
During the review period,
lenders may decide on the
If resolution plan is not
implemented within time, all
next fiscal year, as and when IBC pro-
ceedings are invoked and the case EXIM MATTERS there in the coming days. To
that extent, the latest
Bank of India (RBI) on timelines and resolution strategy admitted in the courts. T N C RAJAGOPALAN change will help domestic
lenders are required to make
modalities for reaching a resolution Bankers, however, believe that the producers.
under the regulator’s June 7 circular In case where resolution plan is additional provisions of 20% June 7 circular isn’t a total failure However, it is doubtful if
on a prudential framework for set to be implemented, all lenders within 180 days from the end with respect to resolution, as some The commerce ministry has most deemed exporters could
resolution on stressed assets. will enter into an inter-creditor of review period loans to the power sector may find restored the benefit of duty claim the benefits for supplies
However, highly placed sources said agreement (ICA) during the Additional 15% provisioning is success. “For companies, which have drawback at All Industry made between December 5,
the regulator was unwilling to budge review period required in 365 days from the long-standing power purchase and Rates (AIR) to deemed export, 2017, and October 31, 2019.
on its stand. fuel supply agreements, banks are with retrospective effect from For, they had taken note of
Any decision under the ICA commencement of review period
“As banks aren’t making much willing to restructure these loans. December 5, 2017. A welcome the denial of drawback at AIR
progress on ICAs signed under the Problem is with companies with development but it raises and did not bother to do the
circular, there was another The timeline for implementing Bankers say the provisioning olution plan isn’t implemented and weak balance sheets and those who some questions. documentation that would
representation made to the RBI the resolution plan under the burden would be huge if the resolu- within a year another 15 per cent, tak- have suffered impairment losses in Deemed export refers to have enabled them claim the
asking for an extension in timelines circular would lapse, on a case-to- tion plans aren’t implemented with- ing the burden of additional provi- the recent quarters,” said a senior supplies within India of benefit at a later date. In fact,
and allowing all categories of lenders, case basis, from early January. It is in time. To mitigate the immediate sioning burden to 35 per cent. The executive of a private bank. goods made in India for spec- many, with the denial of
including mutual funds and pension estimated that loans worth provisioning burden, banks are circular, however, allows for reversal “Their ability to function as a ified purposes or to specified drawback at AIR, were not
funds, to form part of the ICA. ~1.8–2 trillion or nearly two-thirds of looking at resolving these loans of this provisioning if resolution is going concern has come under entities. price-competi-
But, the RBI has made it clear that the ~3-trillion stressed assets under under the IBC. pursued under the IBC. threat. No amount of handholding The objective is What caused the tive and lost
the circular will be upheld in its the purview of ICAs, may be referred According to the June 7 circular, “Banks will, therefore, prefer to can help them and these cases have a level playing ministry to deny their orders
original form,” said a top official of for resolution under the Insolvency banks have to make an additional opt for resolution outside the June 7 to be referred to the IBC,” the field for domestic the drawback at against cheaper
large bank. and Bankruptcy Code (IBC). provisioning of 20 per cent if the res- circular, though ICAs might not be executive said. manufacturers in AIR for deemed duty-free
specified cases. export in 2013? import.
For example, an And, what has Also, many
export oriented now happened in were denied
slowdown
4.3 4.3
1 hr a month 3.3
1.8 2.8 3.0
3.9
1.2
PRESS TRUST OF INDIA -0.6 -5.0 -7.7 1.2
New Delhi, 17 November ECONOMY OBSERVERS 0.1 -4.5
are finally spelling out
The department for promo- the gravity of the
tion of industry and internal slowdown India finds
trade (DPIIT) has proposed itself in. Before the
significant cut in the compli- financial year began, the
Jan Feb Mar Apr May Jun Jul Aug Sep
ance time to just one hour per Reserve Bank of India thought the Indian
Apr ‘19 May ‘19 Jun ‘19 Jul ‘19 Aug ‘19 Sep ‘19 ‘19 ‘19 ‘19 ‘19 ‘19 ‘19 ‘19 ‘19 ‘19
month for start-ups as part of economy would grow 7.4 per cent in FY20.
Source: Indian Railways Source: Directorate General of Civil Aviation
measures to ease regulatory Over eight months, it gradually revised
requirements for budding the estimate downward to 6.1 per cent.
entrepreneurs,anofficialsaid. Last week, State Bank of India projected 3: DIESEL CONSUMPTION COLLAPSES 4: STRESS VISIBLE ACROSS MULTIPLE SECTORS
The proposal is part of the FY20 growth at 5 per cent, and a top Growth in consumption Diesel Petrol (%) Growth in index of industrial production (%)
Start-up India Vision 2024, Delhi-based think tank expects the 11.4 10.9 Textiles Petroleum products Pharma
prepared by the department economy to grow only 4.9 per cent. 8.9 9.0 8.9 Chemical products Electricity
to promote the growth of bud- What could be the reason for these 20
7.7 Machinery Automobiles
ding entrepreneurs. successive downward revisions across 6.3
Under this vision docu- the board? Some key indicators make
ment, the department has it evident. 3.4 3.9
2.9
also proposed several other Earnings from rail freight are 2.1 1.5
measures such as facilities of gradually reducing and contracted 4.1 -1.3
debt financing, setting up of by 7.7 per cent in September 2019 -1.2 -3.3 -7.4 10
6.0
500newincubatorsandaccel- (chart 1). This indicates declining -1.4
erators, creating innovation industrial demand. Air travel did
zones in urban local bodies, pick up in FY20, but is now looking
deployment of entire corpus down, showing slackening demand
of~10,000crorefund offunds, (chart 2). While petrol consumption
operationalise credit guaran- seems on track, diesel consumption Apr ‘19 May ‘19 Jun ‘19 Jul ‘19 Aug ‘19 Sep ‘19 0
tee scheme, and establish- has tanked, reaffirming industrial Source: Petroleum Planning and Analysis Cell ILLUSTRATION BY AJAY MOHANTY
ment of a seed fund. slowdown (chart 3). -0.9
The department has float- The index of industrial production 5: PRICING POWER IN INDUSTRY DETERIORATES 6: DEMAND REFUSES TO SHOW GREEN SHOOTS
ed a note seeking views of dif- (IIP) shows the areas of stress in the Consumer inflation (%) Growth Exports Imports (%)
ferent ministries on this doc- economy (chart 4). Even pharma has
-5.0 -5.3
6.0
6.1
-13.8
-16.3
1.7
-13.5
-6.6
-8.6
-6.1
0.4
-7.8
-1.1
ings, tax returns and other like food and fuel. It represents
local laws every month, the business demand and pricing power
official said. Compliance to of companies. While it was driving
-18.1
these processes takes a lot of overall inflation up until recently -20
time and cost. (strong demand), it has now fallen
Further, it has proposed below the level of overall inflation
providing work orders and (weak demand) (chart 5). On the -24.8
pilot projects from the Centre, external front, while exports remain
ranking of ministries and cen- poor, imports are increasingly falling
tral public sector undertak- in FY20, showing deepening economic -30
ings for their increased stress (chart 6). Apr ‘19 Sep ‘19
Apr ‘19 May ‘19 Jun ‘19 Jul ‘19 Aug ‘19 Sep ‘19 Oct ‘19
engagement with start-ups, ABHISHEK WAGHMARE
Source: National Statistics Office
and organising a global
start-up event in the country. StatsGuru is a weekly feature. Every Monday, Business Standard guides you through the numbers you need to know to make sense of the headlines Compiled by BS Research Bureau
.
MUMBAI | MONDAY, 18 NOVEMBER 2019 ECONOMY & PUBLIC AFFAIRS 5 <
‘Unlike Centre, Chhattisgarh’s India offers visa on arrival for UAE citizens
India has granted visa-on-
arrival facility to the citizens of
facility for the nationals of the
UAE came into effect from
poses, a government official
said.Thisfacilityisaimedatfur-
As the Congress prepares to launch protests against economic slowdown, Chhattisgarh Chief Minister BHUPESH BAGHEL tells Archis Mohan that his state has
escaped its effects as his government has pursued policies that have put money in the pockets of workers, farmers, housewives, and tribals. Edited excerpts:
Rescue financiers
IN BRIEF
MFs give FEMA reporting call for ministry’s
a miss, await govt clarity
Mutual funds have to adhere to restrictions applicable to foreign investment
protection in IBC
RUCHIKA CHITRAVANSHI
New Delhi, 17 November
ASHLEY COUTINHO norms classify MFs that
Mumbai, 17 November invest more than 50 per cent The government is examining
in equity as ‘investment the demand of last-mile
N
one of the foreign- vehicles’. financiers to be given priority
owned or controlled Downstream investment in insolvency and bankruptcy
Prime Minister Narendra Modi, Home Minister Amit Shah, mutual funds (MFs) by such funds by way of sub- proceedings, a senior
Congress leader Ghulam Nabi Azad, and others attend an have fulfilled their reporting scription or acquisition of government official told
all-party meeting a day before the Winter Session of obligations as mandated by shares is considered ‘indirect Business Standard.
Parliament, in New Delhi on Sunday PHOTO: PTI the new Foreign Exchange foreign investment’ if the The ministry of corporate
Management Act (FEMA) investment manager or spon- affairs (MCA) has representa-
norms notified a month ago, sor is owned or controlled by a tions from fund managers and LAST-MILE FUNDING
At all-party meet, PM says pending clarity from the gov-
ernment on the issue.
non-resident.
Mirae Asset and Principal
private lenders providing res-
cue financing to stressed proj-
| The MCA has
representations from fund
open to discuss all issues “There was a reporting
deadline that ended on Friday
MF are the two foreign fund
houses, which may immedi-
ects. They want protection if
an entity lands into the
managers and private
lenders providing rescue
Ahead of Parliament’s Winter Session, Prime Minister financing to stressed
Narendra Modi on Sunday assured an all-party meeting that the
and the funds had to report
according to the changed law.
THE FEMA SAGA ately get impacted by the new
FEMA norms. These fund
Insolvency and Bankruptcy
Code’s (IBC’s) net even after projects
government was ready to discuss all issues, while the opposition Every day that we don’t report Centre amends FEMA economic affairs department houses have equity assets in their assistance.
norms on October 17 | They want protection if an
raised concerns over economic slowdown and farm distress is technically a breach of the Sebi writes to FinMin excess of 50 per cent of the “We come as a knight in
and strongly demanded that detained Lok Sabha MP Farooq new guidelines,” said a senior overall portfolio, the data shining armour and then that
entity lands into the IBC's
MFs classified as flagging the issue net even after their
Abdullah be allowed to attend the House. At the government- fund official, on condition of from PRIME Database shows. armour is taken away if a
investment vehicles Fund houses given assistance
convened meeting attended by almost all major political parties, anonymity. Nippon India MF, Franklin company goes into IBC,” said S
Prime Minister Modi said the most important job of the House is Fund houses have decided Industry body Amfi raises verbal assurances that Templeton, HDFC Mutual Sriniwasan, managing direc- | Private investors are sitting
to discuss and debate and this session should also be as to maintain status quo follow- concerns with Sebi issue will be addressed Fund, and ICICI Prudential tor, Kotak Investment advisors. on billions of dollars of
productive as the last one, Parliamentary Affairs Minister ing assurances from the Fund houses make MFs give reporting
MF are some of the other fund Private investors are sitting funds due to a constraint in
Pralhad Joshi told reporters. The Opposition demanded that the Securities and Exchange houses that may be on billions of dollars of funds this regard in the IBC law
issues of economic slowdown, job loss, farm distress and Board of India (Sebi) as well
representations to the deadline a miss considered foreign-controlled due to a constraint in this
pollution must be discussed during the session, Congress leader as custodians that the guide- or owned under FEMA. regard in the IBC law. Kotak
| Due to the high levels of
in Lok Sabha Adhir Ranjan Chowdhury said. A number of leaders lines impacting MFs would be norms, foreign MFs have to ment of equity instruments. The rules could put these alone is looking for opportuni- risk, interim financing
raised the issue of detention of National Conference leader amended soon. The Associ- adhere to sectoral caps and According to the fund offi- funds at a significant disad- ties to invest $1.2 billion (~8,600 comes at an interest rate
Farooq Abdullah and said he should be allowed to attend ation of Mutual Funds in restrictions currently applica- cial, if the existing guidelines vantage vis-a-vis domestic crore) through its special situa- that is higher than the
Lok Sabha. Sources said there was no definite response from India, an industry body, had ble to foreign investment in remain unchanged, the gov- funds, limiting their invest- tion fund and real estate cor- prevalent market rate
the government on the issue. "Government is ready to discuss asked Sebi to look into the Indian equities. ernment will have to come up ments in stocks with sectoral pus. “We are unable to provide
all issues within the framework of rules and procedures of the matter a few days ago, post MFs making downstream with additional clarifications, caps and dragging down over- capital because of our appre- official said.
Houses," the prime minister was quoted as saying by Joshi. which the regulator wrote to investments have to furnish specifying the conditions and all returns, said experts. hensions about treatment Investors have sought
Constructive discussion in Parliament also keeps the the finance ministry on the details of their equity invest- the manner in which funds The restrictions may also under the insolvency process,” MCA’s intervention to have
bureaucracy alert, the prime minister said at the meeting. PTI< issue. Several fund houses also ments to the Department for have to meet the sectoral caps. make it difficult for their Sriniwasan says. provisions in the IBC which
made representations to the Promotion of Industry and “What happens to existing exchange-traded funds to Due to the high levels of recognise an ICA as valid and
economic affairs department. Industrial Trade within 30 investments in certain stocks? invest as per the assigned risk, such interim financing binding upon the Committee
“The reporting obligations days of investment even if the Assuming several funds are in weightage of the underlying comes at an interest rate which of Creditors (C0C). “This could
Sena effect? NDA Fadnavis heckled have kicked in, but the fund equity instruments have not breach of the caps, which ones benchmarks, and put the is higher than the prevalent be one of the solutions.
allies pitch for at Bal Thackeray's houses seem to have taken a been allotted. will be required to offload brakes on fresh money com- market rate. It is paid off before Currently, a CoC is formed (if
call not to go ahead with the MFs also have to file form their holdings and in what ing into their fund of fund all other loans on the books of IBC is invoked) and ICA
better coordination death anniv function same,” said a second person. DI with the RBI within 30 proportion?” he said. schemes, which invest in oth- the company. The IBC process, becomes a thing of the past.
The shadow of an imminent Former According to the new days from the date of allot- The amended FEMA er mutual fund schemes. however, does not give any pri- We want the law in this regard
divorce between the BJP and Maharashtra ority treatment to these to be unambiguous, to avoid
the Shiv Sena loomed large chief minister lenders. “Funds are wary of litigation,” Sriniwasan said.
over an NDA meeting on Devendra investing more than before. Earlier this month, the gov-
Sunday ahead of the
Parliament session, with
allies pitching for a
Fadnavis was
on Sunday
heckled by
India has potential for rapid growth: Gates There is no clarity over the
finality of IBC and cases are not
resolved within the specified
ernment announced a dedi-
cated fund to provide last-mile
financing of ~25,000 crore for
mechanism to improve some slogan-shouting workers India has the potential for when it is reeling under major time frame. The biggest source completion of ongoing hous-
coordination and Prime of the Shiv Sena as he left “very rapid” economic growth slowdown amid apprehensions of FDI (foreign direct ing projects. To be imple-
Minister Narendra Modi Shivaji Park after paying tribute over the next decade to lift that the cycle may last for a longer investment) is coming in the mented through the
describing the ruling alliance to Bal Thackeray on his seventh people out of poverty and allow period. country through these funds Alternative Investment Fund
as "one big family." In his death anniversary. Some the government to invest in “I don't have any knowledge and is getting stuck,” says structure, it would place the
remarks at the meeting, not workers of the Shiv Sena, which health and education priorities about the near term, but I’d say Saumil Shah, partner, Dhruva fund ahead of other creditors
attended by the Sena, Modi recently snapped ties with the in an “exciting way”, billionaire over the next decade, there’s Advisors. in terms of claims. The last-
said NDA allies might have BJP, standing close to the philanthropist and Microsoft potential for very rapid growth, Investors have demanded mile funding will be treated as
different ideologies but they former CM's convoy shouted in co-founder Bill Gates has said. which will lift people out of protection in the pre-IBC stage priority, under the waterfall
are like one big family and Marathi Fadnavis' assembly Gates, the world’s richest per- poverty and allow the govern- itself, via agreements with mechanism (the order of pri-
should not get unsettled by poll campaign slogan: 'I will be son, specifically complimented ment to invest in health and edu- lenders about treatment of ority in which the proceeds
small differences. Various back' along with the Sena's India’s Aadhaar identity system cation priorities in a really excit- “senior debt” in the event of from sale of liquidation assets
NDA allies, including newly traditional 'Chhatrapati Shivaji and the country’s performance ing way,” he said. insolvency or liquidation. are distributed).
appointed LJP president Maharaj ki jai' war cry. Fadnavis in the financial services and On Friday, Gates, with a net “There can be an inter-credi- “Today, any vendor can
Chirag Paswan, desired to and his entourage, which pharma sectors. worth of $110 billion, regained the tor agreement (ICA) to secure take a (defaulting) company to
have a convener or included several senior BJP The positive outlook by Gates position of the world’s richest Microsoft Co-founder Bill Gates and Bihar Chief Minister the rescue-financiers. How the IBC. Seniority in waterfall
coordination committee to leaders, moved on without for the Indian economy, Asia's person surpassing the Amazon Nitish Kumar during the launch of a book titled ‘Routine tenable it will be will have to be has to be ensured in case this
sort out differences. PTI< reacting to the jeers. PTI< third largest, comes at a time Inc's Jeff Bezos. PTI Immunization’, in Patna on Sunday PHOTO: PTI tested,” the senior government happens,” Sriniwasan added.
I
n March 1869, Dmitri Ivanovich the new elements would be. ber of protons in each atom. onds. It can’t be found in nature. Many (At Wt 118) in 2002. Developers. In the audio, Singh is
Mendeleev presented a chart to the The Table was built upon the calcu- The atomic number is unique to isotopes of common elements such as Very little is known about the prop- purportedly instructing the woman
Russian Chemical Society. This is lations of atomic weights, also often every element, since the number of pro- oxygen -12 and hydrogen -7 are also fleet- erties of the transuranic elements cop to drop the case, or else face the
generally considered to be the first called the relative atomic mass. In the tons in the nucleus will be the same. ingly seen in labs because they have half- (beyond At Wt 92) because most are syn- music. Her aide misbehaved with
Periodic Table. It was a spreadsheet list- 19th century, chemists measured the The atomic weight may differ for dif- lives of just fractions of a second. thetics with short half-lives. Studying the media when reporters sought
ing all the known elements in groups. mass of equal volumes of various ele- ferent isotopes of the same element, As chemists started to hunt for new them in labs to discover their chemical her response on the controversial
The Table remains a basic tool of chem- ments and compared those masses rel- since there may be a different number elements, the Table was gradually filled. properties is hard. At the same time, audio. Thereafter, Singh was
istry. The latest new entries were added ative to the mass of hydrogen, which is of neutrons. Hydrogen for example, has All the elements between Hydrogen researchers are trying to find elements summoned by Chief Minister Yogi
in the 21st century, almost 150 years after the lightest element. Hydrogen was three naturally known isotopes. These (Atomic no 1 ) and Plutonium (94) occur at 119 or beyond. The Table remains an Adityanath, who has also sought a
the first table was prepared. assigned the value of 1. Thus, carbon, are naturally stable hydrogen naturally on Earth. But many of these invaluable resource for classification in detailed report from UP Director
It was an incredible achievement. which is about 12 times as heavy as (“Protium”) Deuterium and Tritium were synthesised first, before being dis- its 150th year. General of Police O P Singh on
the episode.
All you wanted to know about banking frauds Rein in the enthusiasm
Too much enthusiasm can ruin one’s
electoral prospects. A former Delhi
Municipal Corporation councillor of the
Bharatiya Janata Party (BJP) has learnt
Bankers feel inhibited talking about frauds for fear of loss of this the hard way. Last week, one of the
senior-most leaders of the Delhi BJP was
reputation. Large frauds usually come to light after 54 months hosting a bunch of party leaders for an
informal meeting when the ex-
organisation that offers training to detect So far this year, the RBI has councillor reached uninvited and started
frauds, is observing Fraud Week between penalised banks ~123 crore for non- discussing the possibility of getting a
November 17 and 23 to create anti-fraud reporting or delaying in reporting 76 ticket for the upcoming Assembly
awareness. It’s time to take a close look frauds. The list includes 11 banks that elections in Delhi. Now, lobbying for
at what’s happening on the fraud turf in were penalised ~8.5 crore for not com- tickets is not unusual but the party
Indian banking and finance. plying with the norms to classify the leaders were of the view that the
For the record, ~71,500 crore worth now-defunct Kingfisher Airlines Ltd aspirant had chosen the wrong forum
of frauds involving 6,801 cases were account as fraud and report to the reg- and timing. Despite many of them
detected in financial year 2019 — little ulator despite being advised by the RBI dropping hints that the aspirant should
more than what the government of to report the fraud “immediately” after leave, he stayed on, infuriating them
BANKER’S TRUST India wants to spend on the merger of the CBI initiated criminal proceedings. further. It is learnt that the party leaders
Bharat Sanchar Nigam Ltd and Most frauds are related to credit; the have decided that this person is not to
TAMAL BANDYOPADHYAY Mahanagar Telephone Nigam Ltd as share of frauds originating from the bills and letter of credit help such frauds. The banks are normally hesitant be given the ticket because he failed to
well as the latest recapitalisation pack- misuse of credit cards and internet is The borrowers can also route their about talking about the frauds, fearing present his case in the right manner.
age for public sector banks (PSBs). minuscule. In many cases but not all, export proceeds through other banks. reputational risks. There are those odd
M
any of us have seen different Incidentally, at least 92 per cent of these “insiders” (read bank managers) played n
Gold loans: The borrowers can get cases when they are caught between
versions of a funny television frauds in value involved the PSBs that a role. The corporate-banker nexus may higher loans inflating the value of gold different agencies and regulators. The
ad promoting men’s deodor- have around 55 per cent share in the not be rampant but it does exist. pledged to the lender or even against Kingfisher episode is one such. The fear
ant brand Fogg. The settings of the ad volume of such frauds. Let’s take a look at the various types spurious gold with the “help” of the val- of being dragged into fraud cases and
vary from a grocery store to a hospital, Going by numbers, it’s just about 15 of bank frauds in India. uer and branch bankers. punished also slows down the decision- Real pollution, fake picture
café and even the India-Pakistan border per cent more than the previous year n
Fund transfer through RTGS and oth- n
Kisan credit cards or KCC: Such loans making process and credit flow. As the pall of polluted air continued
but the conversation between two char- but, in value terms, 80 per cent higher. er clearing platforms: Typically, money can be sanctioned without checking the The Central Vigilance Commission to shroud Delhi and other parts of
acters remains unchanged: “Kya chal Around 73 per cent were large-ticket is taken out of a customer’s account KYC of the borrowers and the authen- in August, in consultation with the north India, a viral photograph
raha hai?” (What’s new?) “Fogg chal corporate frauds worth over ~100 crore through fake/cloned cheques. It also ticity of the land records. Many a time, RBI, reconstituted the Advisory Board purportedly showing the Paribesh
raha hai” (Fogg is new). each. One such case involved designer involves, at times, fraudulent collec- the borrowers are not traceable. on Bank, Commercial and Financial (environment) Bhawan in Kolkata,
Change the ‘F’ word — Fogg to fraud. jeweller Nirav Modi and his uncle tions of demand drafts, issued by a n
ATM: Money is withdrawn using Frauds, renaming it Advisory Board which houses the office of the West
This has been playing out in Indian Mehul Choksi, who, with the help of third party. cloned ATM cards. on Banking Frauds to address this. Bengal Pollution Control Board,
banking and finance for quite some Gokulnath Shetty, a retired deputy n
Dormant accounts: The branch bankers n
Cash credit: Frauds involve falsifica- This board will be the first stop for all threatened to rake up a storm. The
time. In the first week of November, the manager of Punjab National Bank’s play a key role to make such accounts tion of the books of accounts and large fraud cases before recommen- photograph showed the outside walls
Central Bureau of Investigation (CBI) (PNB’s) foreign exchange department active by issuing new ATM cards and removal of goods and property hypoth- dations are made to the investigative of a building which had rows and
carried out searches at close to 200 loca- at the Brady House branch in Fort, cheque books to perpetrate withdrawal ecated to the banks without their agencies by the PSBs. It won’t deal rows of air-conditioning machines.
tions across 16 Indian states and Union Mumbai, siphoned off ~13,000 crore. of money from such accounts. knowledge. with cases that involve senior bankers Many started criticising the West
Territories. At least 1,000 officers of the Of course, not all frauds happened n
Home loans: There are multiple ways n
Term loan: This is the biggest contrib- of the rank of general managers Bengal government, saying how the
agency were involved in the action, last year. Like many other things in the of defrauding banks. For instance, the utor to the frauds. The borrowers at and above. picture represented a contradiction —
making it one of the largest coordinated financial sector, here too we see the so- builder can sell one flat to many cus- times raise more money than they While this may encourage banks to the institution that is supposed to
searches this year, a PTI report said. The called lag effect. Typically, frauds are tomers; the borrower can take a loan should, forging financial statements; talk about frauds and feel less inhibited fight pollution was actually
CBI did so after registering 42 fresh cas- detected on an average after two years for a property already sold to another they divert funds; they route the sales to take credit decisions, tackling the contributing to it! Within days the
es, involving at least ~7,000 crore worth and, going by the Reserve Bank of India person; a person can be given loans proceeds of their companies through frauds is a much tougher task. picture was busted as fake but not
of fraudulent transactions. In at least (RBI) estimates, large frauds worth more than what s/he can service either banks outside the consortium (which before conspiracy theorists pointed
four cases, the siphoned off funds more than ~100 crore each usually get by forging earnings statement or with has lent to them), and raise export cred- The writer, a consulting editor with Business out how the photo was manufactured
crossed ~1,000 crore. detected in 54 months on an average. the help of branch bankers; the prop- it through fake export orders. Among Standard, is an author and senior adviser to to take attention away from stubble
The Association of Certified Fraud The PNB fraud was done over a period erty value can also be inflated. others, non-existent collaterals com- Jana Small Finance Bank Ltd. burning on the outskirts of Delhi.
Examiners, the world’s largest anti-fraud of at least 84 months. n
Advance against bills: Forged export plete this list. Twitter: @TamalBandyo
Can empathy reduce the probability or impact of crisis? Sooner than later
(November 14). In recent times, the gov-
ernment's decision of passing the
Financial Act 2017 as a Money Bill in
This refers to "SC order to get smooth passage in
Picking out the emerging risks, planning for a quick response and packing empathy in the junks Rafale review Parliament has come under much scruti-
pleas..." (November ny. A Money Bill can only be introduced
response are the three must-dos to protect reputation 15). The unani- in Lok Sabha and Rajya Sabha doesn't
mous decision by have the power to block the passage of
the form of reputational loss along with empowering provisions like whistle- trend. Contours of risks are changing the Supreme Court the Bill once the Lok Sabha passes it.
extreme business implications. Even blower policy, Prevention of Sexual and more importantly, moving towards bench on the Many in the Opposition believe that the
in the case of Aviva Life Insurance, pos- Harassment Act, appeal to NCLT can- human emotion driven risks. All the Rafale deal is wel- government declared it as a Money Bill
sibly the final outcome may not be as not be ignored. Earlier it was a known cases mentioned above are outcomes come and should on purpose to avoid voting in the Upper
grave as it seems yet the apprehensions fact that if an individual or even a of human behaviour guided by emo- now put everything straight. Hopefully, House as it does not have a majority in
developed in the interim in the minds group of individuals were fighting tion. The need to forge the numbers or we will see the complete fleet of Rafale the Rajya Sabha.
of various stakeholders will cause a sig- against an organisation, the power keep financial records sub-par, the fighter jets at the earliest in our Air Force. Our Constitution gives supremacy to
nificant loss to the company’s reputa- equation mismatched. However, now impatience to the path of success, the What is really heartening is that not only the Lower House when it comes to pass-
tion. Thus, it is time that the corporates scenario is changing with the world ego to not treat fellow human beings as this bench dismissed the review petition ing a Money Bill. It is felt that declaring a
have a detailed understanding of this digitally connected and individuals one or the lack of agility to adhere to but also the allegations that the govern- particular Bill as Money Bill by the Lok
MITU SAMAR changing landscape and make crisis voicing their opinion through their regulatory requirements and so much ment was responsible for the inclusion of Sabha Speaker must not leave any scope
management an important part of own social media platforms. The power more. Each of these is an outcome of Anil Ambani's Reliance Defence as an off- for doubt. The constitutional provision
their strategy document. of one cannot be ignored. human emotion or intention. In fact, set partner. in this regard may need to be altered, if
W
hile flipping through the Another telling example is the For instance, the famous case of simple cases where a customer gets Though Congress leader Rahul required, so as to put any dispute to rest
newspapers something recent development when WeWork IPO racial discrimination Starbucks faced in irked at the company is not because his Gandhi’s unconditional apology saved at the initial stage itself. The Speaker may
unusual caught my eye: was stalled. WeWork was considered April 2018 when in one of its stores in or her issue was not solved but due to him from contempt charges, the party be mandated under the revised provision
“NCLT orders insolvency proceedings among the most valued start-ups. But Philadelphia two black men were arrest- the tone that the service executive is again trying to create a storm out of to seek advice from the Supreme Court
against Aviva Life Insurance”. I hadn’t now the situation has completely ed while waiting for a friend. They were adopted. Similarly, during lay-offs, the nothing by asking for a joint parliamen- before certifying a Bill as Money Bill.
heard of any major controversy around reversed. The gaps identified through taken in police custody and held for tone or the message that the organisa- tary committee probe. If the Congress Alternatively, a panel comprising the Lok
the company, hence was shocked to the financial submission of IPO docu- hours before they were released without tion adopts is extremely critical for the wants to put the ruling party BJP under Sabha Speaker, the Rajya Sabha
know about this development. On ments highlighted huge discrepancies. being charged. What could have been employees to not get emotionally the cosh, there are other grave issues like Chairman and a sitting Supreme Court
reading the details, I discovered that When this information became public, otherwise a local episode soon became affected and bad mouth the company. the slowdown in the economy and judge may decide the same. This will
there was a dispute of around ~27 lakh investors became more cautious and global. Social media lit up, pointing out Companies have to recognise this. In unemployment. If the Congress still does avert any constitutional crisis.
with the Apeejay Trust, which had deeper investigations threw up an ugly how white people were treated differ- this world of digital solutions and vir- not learn its lessons, then it will have to Sanjeev Kumar Singh Jabalpur
leased its Mumbai-based commercial picture. The founder CEO was ousted ently in similar circumstances. Many tual connects, emotions are taking a pay a price sooner than later.
premise to the company. The trust and the new leadership team was in past incidents were raked up and back seat. And that is exactly what is Bal Govind Noida Letters can be mailed, faxed or e-mailed to:
reported the matter to the National place. Its biggest investor, Softbank, has Starbucks was labelled as a biased sowing the seeds of potential crises. The The Editor, Business Standard
Company Law Tribunal (NCLT) and now taken the centre stage and is organisation. Being a global B2C com- recent apology of Vodafone CEO, Alternative solution Nehru House, 4 Bahadur Shah Zafar Marg
New Delhi 110 002
eventually insolvency proceedings implementing various measures to pany this was a huge challenge for the Nicholas Read is another classic exam- Fax: (011) 23720201 · E-mail: letters@bsmail.in
were ordered. This piece of informa- bring the company back on track. But, company. It immediately accepted the ple that highlights the significance of This refers to "Apex court strikes down All letters must have a postal address and telephone
tion set me thinking. Keeping business the loss of reputation is not reversible. responsibility, apologised and took an organisation’s ability to distinguish Finance Act rules on tribunals" number
differences and the probable reasons Tighter regulatory scrutiny has become quite a few corrective actions that between the issue and the emotions
for the dispute aside (especially as I a reality and companies can no longer proved effective in showcasing their and sensitivities associated with it. >
have access to only publicly available get away with books and records that genuineness. A letter from the chief Is this transforming corporate risk
HAMBONE
information), this episode seems are not up to the standards. The speed executive officer to employees and cus- landscape all that complicated to man-
unheard of. Both the disputed amount with which information travels now, no tomers was posted online. They closed age? Not really. Picking out the emerg-
and the outcome seem to be at one including regulators has ample 8,000 stores worldwide for a day to pro- ing risks and listing them, planning in
extremes. time to explain their side of the story. vide racial bias training for their 1,75,000 advance for a quick response and pack-
This reaffirmed my belief that the Hence abundant caution has become employees. While this caused the com- ing empathy in your response are the
risk landscape of corporates worldwide a norm, which while undoubtedly has pany an estimated loss of business of three must-dos to protect your repu-
is undergoing a complete transforma- it's own merits, has also added new more than $12 million, it helped the tation in this viral world.
tion and it is pertinent for them to be dimensions to business risks that were company gain a positive association.
mindful of this transformation. missing earlier. These challenges and anecdotes The author is founder, Eminence, a
Otherwise, the price is being paid in In addition to business risks, clearly point towards the changing reputation management company
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OPINION 11
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he telecom industry is under severe stress — evident in the second When we look at the economic situation today, par-
quarter results of the two leading players. While Vodafone Idea has ticularly when we look beyond the GDP data, we are not
posted the biggest loss that corporate India has ever seen in a quar- in buoyant business cycle conditions. It is unlikely
that there will be a resurgence of utilisation of capaci-
ter, for Bharti Airtel the loss was the highest in its 24-year history.
ty, and tightness in the labour market, which can kick
Together, the two top telcos’ July-September quarter net loss ballooned to off inflation. Hence, our view of inflation at future
~74,000 crore due to the provisioning they had to make for the adjusted gross dates (of about one to two years into the future) should
revenue (AGR) dues. According to a recent Supreme Court judgment uphold- be relatively benign.
ing the government definition of AGR, telecom service providers must pay up In fact, our problem today is not that the policy
their past dues on licence fee as well as on spectrum usage charge (SUC) by the rate is too high. Our problem is that it has not filtered
end of January 2020. The Department of Telecommunications (DoT) has through most of the economy. Under normal condi-
asked all service providers to calculate their respective dues and pay up in three tions, the Indian bond-currency-derivatives nexus
works poorly, which gives a weak monetary policy
months as directed by the apex court. Estimates suggest a total payout of
transmission. On top of this, right now, many financial
around ~1.33 trillion by telcos, including by those who have been acquired or firms are impaired; they are focused on their own sur-
What should
gone out of business. vival and not on business opportunities. Lenders have
As both Bharti Airtel and Vodafone Idea have raised doubts over contin- pulled back from many sound borrowers. Under these
uing as “going concerns” in the backdrop of huge losses, piling debt, and conditions, the reality of access to credit and the price
pending AGR dues, the government has to step in fast. Union Finance Minister of credit, for a large number of people in the economy,
Nirmala Sitharaman has shown the way by saying that she doesn’t want any is very different from the picture seen in the 91-day
F
er than that’’, while blaming the regulatory environment for much of the woes. rom the viewpoint of the accountability of the beyond practical problems like the Kharif harvest and As an example, administered interest rates are an
Reserve Bank of India (RBI) to Parliament and Diwali demand; we get to see the underlying reality important problem. When the inflation rate is at 4 per
Subsequently, he wrote to Prime Minister Narendra Modi, saying he was quot-
the public, it makes sense to after these ephemera have been cent, the interest rate of 8-9 per cent for the Employees’
ed out of context and that Vodafone wanted to stay invested in India. However, focus on year-on-year removed from the data. Each value of Provident Fund (EPF) or Public Provident Fund (PPF)
the numbers tell the real story, and indeed the road ahead for not just Vodafone changes of the consumer price index year-on-year inflation is the average works out to 4-5 per cent in real terms. In the past, the
but the entire telecom industry hinges on a potential relief from the govern- (CPI). This is comprehensible for a of the latest 12 values of month-on- real rate of return for the EPF or PPF was about 1 per
ment. So far, the indications are that the government may lower the licence fee non-technical audience. This “head- month inflation. Perusing the latest cent. There is a need to bring down the EPF/PPF rate
and also give a moratorium on paying spectrum charges. The industry expects line inflation” has accelerated from value of year-on-year inflation shows to about 5 per cent in nominal terms, in this new envi-
the option of a long-term staggered payment of the AGR dues, besides a waiv- the bottom of 1.97 per cent in January us what was going on in the economy ronment.
2019 to 4.62 per cent in October 2019 in the past one year. Looking at Some people think that given the difficulties in the
er on penalties and interests. Although it may be a challenge for the govern-
(see Figure 1). In October 2019, this month-on-month inflation shows economy, it is time to abandon the inflation target and
ment, facing a revenue shortfall, to allow such concessions to telcos, not doing went above the inflation target of 4 what is going on in the economy right crashing the policy rate. A little institutional memory
anything is no longer an option. per cent, though it must be noted that now. The month-on-month inflation will help. We should recall the hardship of economic
It is correct that the incumbent telcos in the past indulged in high bidding the RBI is required to hold headline rate peaked at 8.84 per cent in policymakers of the past — fighting high inflation. Of
during spectrum auctions, hitting their bottom line. Pricing by competition inflation in the range 2-6 per cent. SNAKES & LADDERS September and actually declined to the many problems that we see in India today, it is a
pulled them down further, leading to a situation where only two private telcos Some people are concerned that 7.09 per cent in October. relief that inflation surges are not one of them. When
may remain with only one holding on as a strong player. It is equally true that the inflation rate has accelerated and AJAY SHAH As Figure 2 shows, a value of 7.09 the full institutional power of the RBI is devoted to
the telcos failed miserably in providing for the potential liability in their bal- there may be a case for rate hikes by per cent for one month is not an one thing — delivering a headline inflation rate of
the RBI. It is important to observe that when the head- unusual value in the month-on-month inflation expe- about 4 per cent — this removes one element of uncer-
ance sheet over the years. But to prevent a near monopolistic situation, further
line inflation rate dropped to 1.97 per cent for one rience. In the past, individual months have seen bigger tainty from the picture.
job losses, and erosion of business confidence, the government, which appro- month, this was outside the targeted range, which values such as 10 per cent or worse, while the overall To earn the respect of the people in fiat money, we
priates about a third of the revenues of each player through various levies and runs from 2 to 6 per cent. When the inflation target is performance of headline inflation was under control, have to do the right thing, over and over, for long peri-
taxes, must act. 4 per cent, we should be happy that we have stepped i.e. within the range from 2 to 6 per cent. ods of time. We are now standing on about 3 years of
away from breaching the targeted range (1.97 per cent) The task of the monetary policy committee (MPC) sound money. This is not a time to rock this boat. Every
to being back near the target (3.99 per cent in is to look deeper, at the underlying economic condi- year that goes by, with monetary stability, we get a
Data credibility at stake September and 4.62 per cent in October).
Looking beyond the black box accountability, we
tions. Monetary policy is hard because there is a lag
between the move by the MPC and its impact upon the
deepening of the trust. We should hang in there, and we
will gradually reap the gains.
must switch from headline inflation to month-on- economy. Every MPC has to peer into the future, have
Unfortunate fiasco over consumer spend survey month changes, computed using seasonally adjusted a sense of the forces at play, and anticipate how infla- The writer is a professor at National Institute of Public
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he credibility of the Indian statistical system has come under scruti- data (see Figure 2). Seasonal adjustment helps us look tion is going to shape up over a year or two. When we Finance and Policy, New Delhi
ny yet again, after the government on Friday decided to scrap the
consumer expenditure survey, conducted by the National Statistical
Office (NSO) during 2017-18, because of “data quality issues”. The
decision came after the findings of the withheld report were published in this
newspaper. According to the survey, compared with 2011-12, monthly per capi-
ta consumer expenditure fell by 3.7 per cent in 2017-18 — the first decline in at
Reflections on RCEP and FTAs
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ndia has decided not to join the 16-member dynamic comparative advantage estimations rather board. Services that accompany or are necessary to val-
least four decades. While spending in urban areas went up by just 2 per cent, Regional Comprehensive Economic Partnership than solely on static considerations. ue-chain production such as business, financial, trans-
it registered a massive 8.8 per cent decline in rural areas. The government’s deci- because of concerns regarding sensitive sectors, the In the process of evolving comparative advantage, port and logistics, or even high-end services like research
sion to reject the report means India will not have a new poverty estimate until liberalisation of the services sector, mode 4 relating to some sectors will lose out. This, however, is not typical and design may provide us with newer opportunities
movements of professionals, in particular, and the of FTAs but of all trade. Trade liberalisation and, in after entry into the RCEP. Identifying our potential com-
the next survey is undertaken. The revision in the gross domestic product (GDP)
large trade deficit with China as well as with countries particular, preferential liberalisation under FTAs need parative advantage in these areas will, therefore, equip
base year would also have to wait. of the Association of Southeast Asian Nations (Asean). to be accompanied by policies and programmes to us with some flexibilities in the negotiation process.
The findings of the survey and the way the government handled the We are now thinking of negotiating free-trade agree- assist labour in adjusting to trade-induced displace- Fifthly, a low utilisation rate, as is true of India’s FTA
issue have raised several concerns. First, since overall economic growth has ments (FTAs) with other countries as well as under- ment in the losing sectors. Countries like Japan, South with Asean, is not necessarily indicative of FTA ineffec-
slowed significantly since 2017-18, it is likely that consumption expenditure taking a review of the India-Asean FTA. At this point Korea, and Vietnam have implemented specific trade tiveness or its limited potential to impact trade. It could
in rural areas might have slipped further. This is worrying and indicates a it may be useful to reflect on some aspects of FTAs, in assistance programmes such as retraining, relocation also be on account of limited understanding of the FTA
reversal in poverty reduction. Second, the government seems to have no general, and the Regional Comprehensive Economic allowance, education, and financial assistance as well by business people. In addition to preferential margins
faith in the data presented by the NSO. Simply rejecting the survey has raised Partnership (RCEP), in particular. as support to small and medium enterprises and their and rules of origin, government initiatives and sup-
First and foremost, it needs to be workers to cope with the consequences porting consultations for industry, particularly SMEs,
questions over whether the decision was prompted by the government’s
accepted that mega regional trade of FTAs, trade, and economic reforms. have helped raise FTA utilisation rates in countries like
unwillingness to accept data that doesn’t suit its narrative. It is possible that agreements are inevitable in Asia. Thirdly, as regards trade deficit, it South Korea, which, like India, has been a latecomer to
the results were significantly affected by demonetisation and the introduction These agreements are used by like- may be worthwhile to consider that in the FTA process. Doubts of trade creating and enhanc-
of the goods and services tax. The government had also withheld the period- minded countries to align common an age of GVCs, simple export-import ing benefits of FTAs have been countered by government
ic labour force survey, which showed the unemployment rate at 6.1 per cent, interests and evolve rules and disci- calculations that do not account for support mechanisms that include educational courses
a 45-year high. The report was released with the same data after the general plines to facilitate multiple crossings third-country participation in pro- for companies, information dissemination through FTA
election results were announced. of intermediate and final goods, which ducing goods may not be the most effi- portals, workshops, facilities for daily consultations, etc.
Third, as this newspaper has reported, there is a significant difference is essential to global value chains cient estimates of bilateral trade Sixthly, FTAs with the US and the EU are not sub-
(GVCs) activity. The RCEP is one such deficits. Given that China is both an stitutes for the RCEP as currently these are not the
between the Central Statistics Office and NSO estimates of consumption. While
mega regional trade agreement and assembly and re-export base for many most dynamic regions in terms of growth or GVC activ-
the difference itself is not new and unique, the widening divergence deserves entry into it would have been the AMITA BATRA countries, a trade balance estimation ity. Trade negotiations by the US with other countries
attention. Since the CSO and NSO data on consumption presents a completely means for India to participate in based on value added may be a useful have followed the most unpredictable trajectory under
different picture, it is bound to raise questions about the efficiency of the sta- regional and global value chains. East exercise that we could undertake to the Trump presidency. In India’s case, FTA negotia-
tistical system. Therefore, it is time to revamp India’s statistical system and enable Asia has been the most dynamic hub of GVC activity get a more accurate picture of our trade imbalance with tions have yet to begin. With the EU, FTA negotiations
it to collect, process, and disseminate information with speed and accuracy. The after the global financial crisis and, in fact, GVC activ- the country. Also, increase in exports and trade re-bal- started in 2007. Over 12 years and many rounds, the
GDP data, for instance, comes with a significant lag and is subject to large revi- ity for both Europe and North America with the Asian ancing, while desirable objectives, are not ex ante FTA has not been finalised and issues that have been
sions, which affects decision making. GVC hub has also increased in this period. assured outcomes. Enhanced competitiveness of hardest to resolve are, as in the case of the RCEP, lib-
Secondly, trade agreements work on the principle domestic industry, major factor market reforms, and eralisation of agriculture, services mode 4, dairy sector,
At a broader level, the importance of credible and timely data cannot be over-
of reciprocity. While it is true that preferential access to establishing a conducive trade and investment climate and intellectual property rights, among others.
stated. Decision making in both the government and the private sector depends the participating countries is inherent and basic to an are necessary for India to take advantage of FTAs. Lastly, and perhaps most importantly, foregoing the
on the state of the economy. It is important to note that the GDP data is already FTA, this holds true for all member countries. If we give Smaller countries like Vietnam have sought member- opportunity to participate in the Asean-centric RCEP
under a cloud because it doesn’t match high-frequency indicators. Withholding some preferences, we also get some preferences. While ship in a higher grade Comprehensive and Progressive may make the case for establishing our relevance in the
data and rejecting official survey results will further damage the credibility of the existing (static) comparative advantage is the basis of Agreement for Trans-Pacific Partnership, aimed at far Asean-centric strategic construct of the Indo-Pacific
system. Non-availability or the unwillingness of the government to accept sur- an FTA negotiation for preferential access, we must deeper integration relative to the RCEP, with the moti- that much more difficult.
vey findings will hurt its ability to make policy decisions. Further, the private sec- also provide for dynamic comparative advantage. As vation of locking-in domestic economic reforms. So, some rethink on joining the RCEP and using the
tor would be reluctant to invest if it doesn’t have a clear picture of the economy we participate in GVCs, the scope for developing com- Fourthly, it may be useful for India to think beyond next couple of months to work on a multi-pronged
parative advantage in smaller intermediate tasks (as mode 4 liberalisation in services sector negotiations. strategy with the help of trade experts and implemen-
and suspects official data. The government would be well advised to address the
against products) increases. So, newer comparative Asean’s limited internal services sector liberalisation tation of economic reforms is the need of the hour.
problems in both the economy and the statistical system. Being in denial mode advantages in manufacturing and accompanying serv- and the fact that the India-Asean FTA in services has not
is no solution. ice tasks may develop and evolve in the process. It is yet been implemented should have been sufficiently The author is professor, School of International Studies,
essential, therefore, that FTA negotiations be based on indicative, a priori, of the difficulty in getting Asean on Jawaharlal Nehru University.
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here are few books in the investing ful investment firm the world has ever industry conferences. department into one of the best in the liked to zing his liberal colleagues, but Renaissance has gathered, the firm only
world as well known as Burton seen. As Gregory Zuckerman notes in The Zuckerman, a writer for The Wall country, to start the firm that we now mostly kept his own counsel. When his profits on barely more than 50 percent
Malkiel’s A Random Walk Down Man Who Solved the Market, even Warren Street Journal, says he became fixated know as Renaissance Technologies. role in conservative politics caused an of its trades, a sign of how challenging it
Wall Street. First published in 1973, it has Buffett’s track record — 20.5 per cent with cracking the Simons code. And The story Zuckerman tells is about outcry, Simons felt he had to ask his long- is to try to beat the market — and how
never been out of print, and is now in its annualised returns since 1965 — doesn’t though he doesn’t entirely succeed, he how Simons and the mathematicians and time partner to step down as co-CEO. foolish it is for most investors to try.”
12th edition. Its thesis is that “a blind- approach Simons’s average of 39 per cent divulges much more than anyone has programmers he surrounded himself When you get right down to it, Simons In other words, stick to index funds.
folded monkey throwing darts at a news- gains over a three-decade span. And before. More important, despite the ten- with found those variables. They collect- makes money because human behaviour
paper’s financial pages could select a that’s after his company has taken a 5 per dency to dot his book with such daunting ed incredible amounts of historical data will never be completely “efficient.” © 2019 The New York Times News Service
portfolio that would do just as well as one cent management fee and 44 per cent of phrases as “combinatorial game theory” — not just about stocks and bonds, but Those short-term anomalies Simons —
carefully selected by the experts.” the profits. and “stochastic equations,” he tells a sur- about currencies, commodities, weather and other quants — unearth exist because
To put it another way, the market is so The question has always been: How prisingly captivating story. It turns out patterns and all sorts of market-moving humans have always acted emotionally.
efficient that even professional investors does Simons do it? We know that his firm, that a firm like Renaissance, filled with events. They made plenty of missteps Those little inefficiencies are what emo- THE MAN WHO SOLVED THE MARKET
have little chance of beating it on a regu- Renaissance Technologies, helped pio- nerdy academics trying to solve the mar- along the way. But in time, they had gath- tionless computers take advantage of. Gregory Zuckerman
lar basis. If there’s one reason index funds, neer quantitative investing, relying on ket’s secrets, is way more interesting than ered so much data — and had computers Renaissance just happens to be better at Portfolio/Penguin
which replicate the performance of mar- complex computer programs rather than your typical greed-is-good hedge fund. powerful enough to ingest that data — finding them than any other firm. 359 pages; $30
12 POLITICS & PUBLIC AFFAIRS
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MUMBAI | MONDAY, 18 NOVEMBER 2019 1
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ri Lanka’s former wartime defence chief But these projects have also led to high debt President Maithripala Sirisena handed Chinese news agency Xinhua quoted
Gotabaya Rajapaksa is set to become pres- levels for Sri Lanka. over the deeds for the transfer of 116 Sirisena as saying “the project was a
ident after his main rival conceded defeat In his first comments, Rajapaksa struck a con- hectares in Colombo Port City to China valuable long-term investment for the
on Sunday in an election that came months after ciliatory note, suggesting he would be a leader of Harbour Engineering Company Sri Lankan economy and expressed
bombings by Islamist militants threw the coun- all Sri Lankans, regardless of their ethnic and (CHEC) on a 99-year hope that the Port City
try into turmoil. religious identities. lease to build the finan- would attract higher
Rajapaksa oversaw the military defeat of "As we usher in a new journey for Sri Lanka, cial centre. volumes of foreign
Tamil separatists under his brother and then we must remember that all Sri Lankans are part China is present in a direct investment”.
president Mahinda Rajapaksa 10 years ago. He of this journey. Let us rejoice peacefully, with dig- big way in Sri Lanka However, other details
has promised strong leadership to secure the nity and discipline in the same manner in which despite earning criti- of the plan are not yet
island of 22 million people, the majority of whom we campaigned," Rajapaksa said in a tweet. cism for the unviable public. For instance, it
are Sinhalese Buddhists. Tamil political parties are strongly opposed cost of signature proj- is not clear on what
Rajapaksa, 70, would be the latest nationalist to Rajapaksa, who has faced allegations of wide- ects like the proposed terms Chinese finan-
leader swept to power across the world, tapping spread human rights violations of civilians in Hambantota port, for In October, Sri Lanka cial entities can set up
into the anger and fears of majority communities. the final stages of the war against the sepa- which it captured, President Maithripala shop in the CHEC proj-
He and his brothers, who are expected to get ratists in 2009. REUTERS again, a 99-year lease. Sirisena handed over the ect.
It is also building power deeds for the transfer of While major
projects and an airport 116 hectares of land in economies of the world
Voda Idea must better services Airtel, Voda Idea put the
brakes on costs in Q2
to plug user churn, say experts While the sector awaits a lifeline, a sharp reduction in
capital and opex has aided cash flows
Analysts say make customer centricity a priority to RAM PRASAD SAHU
Mumbai, 17 November
improve performance and reassure stakeholders
Bharti Airtel and Vodafone
ROMITA MAJUMDAR soon, with the company introducing a Idea saw some improvement
Mumbai, 17 November Rs 45 recharge to entice this base. in the September quarter, led
Amit Pau, a long-time former by a fall in operating and cap-
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n the wake of the huge losses report- Vodafone managing director, currently ital expenditures.
ed last week by Vodafone Idea, ana- operations chief at Accloud, notes: Airtel reported a steep 51
lysts tracking its stakeholders and “Since the merger (of Vodafone with per cent dip in consolidated
employee sentiment say the manage- Idea) the operator has lost over 100 mil- capex over the year-ago quar-
ment must take a stronger customer- lion subscribers. What might have hap- ter. Even on a sequential basis,
centric approach. pened is that when you merge two com- capex was down by a quarter.
The company is exploring ways to panies, people end up focusing on cost The sharp reduction in capex
monetise 160,000 km of optic fibre, as synergies and network rationalisation, and an increase in operating Sharp reduction in capex and an increase in operating profit led
well as its data centre business — apart while losing focus on customer cen- profit led to a 49 per cent jump to a 49% jump in operating free cash flows on a sequential basis
from seeking relief measures from the tricity and allowing competition to in operating free cash flows
central government. Chief executive storm the market." 10,000-odd employees, mentioning on a sequential basis. four consecutive quarters of Suisse believe a two-year
Ravinder Takker has also welcomed Pau adds that in a highly competitive their outreach to the government for RESULTS AT A GLANCE The savings on the capex decline. moratorium on spectrum pay-
potential moves by the telecom regula- market, Vodafone Idea has fallen behind relief. Q2 performance front was largely because of Vodafone Idea’s opex has ment would significantly help
tory body to review floor pricing, as its rivals on 4G coverage and network Kris Laxmikanth, chief executive at India operations where capex been coming down for each Vodafone Idea, as the compa-
Vodafone Idea Bharti Airtel Reliance Jio
something that could help the sector. performance. Head Hunters India, said: “Telecom is down by over 60 per cent of the past four consecutive ny would be able to sustain
In the September quarter, its sub- During the quarter, the company operators have already rationalised their from ~7,000 crore a year ago to quarters. On the user front, with existing and annual
scriber base slipped by another nine added 5.5 million 4G customers (from workforce over the past year; they have Subscriber -8.9 less than ~2,800 crore in the the management indicated operating cash flow for the
million, a reduced churn rate from ear- 4.1 million at the close of the June quar- the best resources in the sector, at pres- addition 2.6 September quarter (Q2). the performance in next 18-24 months.
lier, to 311.1 million. In comparison, at ter), taking its 4G subscriber base to 90.3 ent. Given the fact that there are few (mn) 24 Vodafone Idea’s India capex September and October is The reduction in licence
the close of the same quarter a year million. Data usage volumes, while opportunities in the sector, it is not like- decline was similar. The com- encouraging with strong fee would also help sector
before, the number was 422 million. improving, are still behind Airtel and Jio. ly for companies to start layoffs." Broadband pany’s capex at ~2,140 crore momentum on 4G and newer profitability improving the
And, average revenue per user (Arpu) A significant chunk of both Vodafone This lack of opportunities would subscriber in the quarter is down 35 per additions that is boosting rev- medium- to long-term sector
was ~107, compared to Rs 108 in the ear- Idea and Airtel’s capital expenditure out- mean that voluntary attrition is not like- 112.2 124.2 355.0 cent from the year-ago levels. enues. outlook, they add.
addition
lier June quarter. go goes to telecom equipment providers. ly to jump, he added. (mn) Vodafone Idea has revised While the capex and opex Maintaining the interconnect
Sector analysts noted that apart from While their largest such providers, Rituparna Chakraborty, executive its capex guidance down- cuts have helped Airtel and usage charge (IUC) at 6 paise
exceptional items in the balance sheet, Ericsson and Nokia, did not respond to vice-president at TeamLease Services, Data 10.4 wards to ~13,000 crore in FY20 Vodafone Idea in the Q2, ana- per minute for off net calls will
the company had performed fairly in- queries on the future of their partner- estimates around 150,000 profession- from the earlier guidance of lysts believe with incumbents also help the incumbents as
usage 13.1
line with estimates. ships with the operator, industry sources als directly employed with the sector, ~17,000 crore for the financial trailing Jio in their 4G roll- they are net gainers in IUC.
“The good news is that the churn on have confirmed that the companies held after the rationalisation over the past
(Gb/Sub) 11.7 year. The cut in guidance is outs, curtailing capex may However, if a package does
4G (fourth-generation technology) sites internal meetings to assess the scenario. three years. “The core network profes- because of better pricing, increase the gap between Jio not materialise, Vodafone
(the high value customer base) for the 4G And, found their engagement with sionals will continue to be relevant, as 107 supply chain efficiencies, and and the incumbents further. with a net debt to operating
customer base is actually significantly operators to be stable at present. network operations will be in demand. ARPU reduction in planned 4G foot- Analysts at Jefferies say Jio profit of over 24 times is at a
128
lower than non-4G,” said Takker. He On the employee front, however, But, the replaceable skill sets like those (~) print in non-priority areas. has twice the 4G base trans- risk of closing down. Analysts
120
added that churn is higher in the 2G there is significant uncertainty. Accor- in front office roles face some uncer- The telco has also deferred ceiver stations as that of at SBICAP Securities say even
Sources: Companies, Bank of America Merril Lynch
base but they expected this to stabilise ding to reports, Takker addressed the tainty,” he added. some capex to FY21 as it Airtel, which in turn has twice if a package is announced,
believes that capacity require- that of Vodafone. The (AGR) subscriber loss for Vodafone
ment in the current financial payments will put further Idea is unlikely to stop any
year would be lower than esti- pressure and may force time soon. Even as Jio and
Airtel withdraws bid for purchase of RCom assets mated earlier. incumbents to curtail 4G roll- Airtel added 24 million and
The other gains came from outs, which will impact addi- 2.6 million subscribers in the
operational improvement, tions and long-term prof- September quarter, respec-
PRESS TRUST OF INDIA Jio, Bharti Airtel Director October 31, 2019, we request- extension of the asset sale deal mission timeline to November especially for Airtel. While itability, they say. tively, Vodafone Idea lost
New Delhi, 17 November (Finance) Harjeet Kohli, in a ed for an extension of time to deadline by another 10 days. 25, 2019, until 1200 hours, sole- revenues came in line with For now, the sector is nearly 9 million users.
letter to resolution profes- submit the resolution plan Airtel has placed a condition- ly based on the request of expectations, a 35 per cent awaiting policy steps, which Most analysts say the sec-
Telecom operator Bharti Airtel sional Anish Niranjan from November 11, 2019, till al bid to buy spectrum of another potential bidder,” reduction in sales, general, could alleviate the stress both tor is headed for a duopoly.
has withdrawn its bid to pur- Nanavaty, said his company’s December 1, 2019... RCom, while Bharti Infratel Kohli said. and adminstration expenses on account of a competitive Experts at Emkay believe that
chase assets of Reliance request to extend the dead- Disappointingly, our request has submitted bids for mobile He said that since Bharti in India operations led to 7 per environment as well as its anticipated weakening of
Communications (RCom) line was turned down by the for extension was rejected by towers. Airtel's request was formally cent sequential gains in con- debt load. A government pan- Vodafone Idea’s financial via-
after terming the move of the CoC of RCom but surprisingly, CoC,” Kohli said. The CoC extended the declined by the CoC, the com- solidated operating profit. el is expected to recommend bility after AGR penalties
committee of creditors (CoC) the dates have been extend- Bharti Airtel, Bharti Infratel deadline by 10 days and has pany was constrained to sub- Even as average revenue per reduction in licence fee by 3 offers an opportunity for
to extend the bid submission ed to accommodate submis- and private equity firm Varde decided to open bid now on mit the bids under due haste user at ~128 was flat, it was the per cent, stagger the AGR pay- Airtel and Jio to gain market
deadline on the request of sion by a bidder. Partners have already submit- November 25. without the benefit of suffi- subscriber base, which grew 1 ment over the next 5-10 years share. Eventually, two large
Reliance Jio “extremely “Given the complexities ted their bids for assets of “To our utter shock, we cient time to complete the res- per cent sequentially that and offer a two-year morato- players controlling the mar-
unfair” and “biased”. involved in the proposed trans- Reliance Communications, have learnt that the CoC has olution plan within the set helped the top line. The sub- rium on spectrum auction ket could result in tariff rise
Without naming Reliance action, vide our letter dated while Reliance Jio has sought now decided to extend the sub- deadline. scriber numbers went up after payment. Analysts at Credit from FY22, they add.
FROM PAGE 1
Corporate India’s Q2 profit at comparison, the top line had grown by 13.1 per cent YoY a year
ago.
power sector as well.
Changing the energy mix with a rising share of renewable
15-yr low on telco losses Excluding telecom, the combined profit of the sample
companies was up 20.3 per cent YoY during Q2, driven by
sources, climate change concerns, abundance of natural gas
supply, and volatility in the oil market form part of this long-
gains from a cut in corporate tax rates earlier this year and term outlook.
some help from lower input costs. The official said global investors wanted a stable and long-
Excluding tax gains, PBT was up only 3.8 per cent YoY, term energy outlook for India, and such a policy, keeping the
growing at its slowest pace in the last three quarters. latest scenarios in mind, “has never been drafted in this coun-
Experts, however, are most worried about the contraction try”.
in companies’ net sales during the quarter. “Losses in telecom Following the targets set under climate-change consulta-
sector are exceptional in nature and could reverse, but con- tions, the NEP is looking at “reducing the consumption of fos-
traction in corporate revenues is a bigger worry and is a neg- sil fuel but not coal”, said a senior executive who is part of the RIGHT SWIPE · Tax Administration
Reforms Commission
ative operating leverage for companies. If it persists, corporate consultations. · Some developed
earnings could remain depressed for some time to come,” During climate-change negotiations, India has stated it had recommended in
countries such as the UK
says Dhananjay Sinha, head research and strategy at IDFC will have 40 per cent of its energy from non-fossil fuel sources, 2014 that the use of
and Canada allow the
Securities. but cannot commit itself to reduction in using coal. multiple platforms for
payment of taxes via
According to Sinha, earnings in many sectors were aided The tariff policy, which has been pending for more than tax payment should be
credit cards
by lower commodity and energy prices, besides cut in corpo- seven months, will also be based on the NEP, official sources implemented ‘using
rate tax during the quarter that cushioned the blow. These said. This, they said, is to address the worsening condition of · Canada also allows the credit or debit cards, e-
one-off gains may dissipate in a few quarters unless there is state-owned power distribution companies (discoms). use of mobile wallets like banking as well as
pick-up in demand and volume growth. “The Centre can’t keep pushing the same set of financial PayPal mobile platforms’
Analysts say that unlike 2015 when a decline in revenues restructuring again. It is not a solution. The functioning of the
was largely restricted to oil and gas companies and metals pro- discoms needs to evolve and be efficient,” said an official.
ducers, it is now widespread, with the exception of informa- The NEP has proposed that any funding by the Centre to
tion technology (IT) services exporters and fast-moving con- the states should be linked to their quality of power supply. It to generate a challan number and BSR (basic statistical
sumer goods (FMCG) companies. has also reiterated the need for direct benefit transfer (DBT) returns) code immediately and then report it in the I-T return,”
“In the past few years, the terms of trade had moved in of subsidy in power rates. he added.
favour of the corporate sector, in general, and the non-farm “Tariffs should be market-driven and the mentality among The Tax Administration Reforms Commission had rec-
sector, in particular, due to lower commodity and food prices. consumers that electricity is free or should be subsidised ommended in 2014 that the use of multiple platforms for tax
This has begun to shift as indicated by the recent rise in food should change. It’s an economic product and needs to be payment should be implemented ‘using credit or debit cards,
and farm produce prices. This could potentially hit corporate treated as such. We have suggested the means to make tariffs e-banking as well as mobile platforms
margins and urban demand, adversely affecting earnings in market-linked,” said a senior officer.
the forthcoming quarters,” added Sinha. The NITI Aayog has introduced two chapters in the draft
Their combined profit before tax (PBT) was also down 71 per Other experts also sound cautionary. NEP — ‘Subsidy and taxation reforms’ and ‘Restructuring of
cent year-on-year (YoY) to ~32,000 crore, against ~1.13 tril- “While the overall net profit growth (for our universe) was energy sector governance’.
lion a year ago, and a similar level of profit during the first 10 per cent above our expectations, primarily due to the cor- Domestic fuel sourcing is also one of the pillars of the NEP,
> BS SUDOKU # 2898
quarter of the current financial year. porate tax rate cut and low raw material prices, sales contin- which favours enhanced domestic coal production, and man-
The combined net sales for companies, excluding finan- ues to drag, due to widespread domestic and global slow- ufacturing in the renewable sector.
cials and oil, were down 0.4 per cent YoY — their worst quar- down,” said Pradeep Kumar Kesavan and Anushka Chhajed of
terly showing in at least three years. In comparison, their top Elara Securities in their Q2FY20 earnings review.
line had grown by 13.1 per cent YoY a year ago and by 4.7 per
cent YoY during the April-June 2019 quarter.
Banks and retail non-banking financial companies, includ-
ing insurance companies, were the top performers during the
Coming soon: UPI, mobile
Excluding telecom, India Inc’s combined PBT was still
down 11.3 per cent YoY to ~1.04 trillion, from ~1.18 trillion a
quarter, with double-digit growth in net interest income and
PBT. Their combined profit was higher by at least ~28,000
wallets, for paying taxes
year ago, indicating a weak economic environment. The com- crore in Q2, compared to the year-ago period. India also has a handful of
bined net profit though was up 15.5 per cent YoY during Q2 to FMCG companies, such as Hindustan Unilever and Nestlé, mobile wallet services, includ-
~89,000 crore, but mainly due to the change in taxes. and IT services exporters, such as Tata Consultancy Services ing Paytm, Amazon Pay, CASHING IN ON
The listed mobile operators, such as Bharti Airtel and and Infosys, reported between 5 per cent and 8 per cent YoY OlaMoney, among others. At CASHLESS
Vodafone Idea, together reported a net loss of ~1.05 trillion dur- growth in net sales, but PBT underperformed, with 2-4 per present, one can pay tax using Share of non-cash
ing the quarter, compared to a net loss of ~4,100 crore a year cent YoY growth due to poor pricing power in the face of glob- the debit cards of only six transactions (%)
ago. The industry has now been losing money for 11 consec- al demand slowdown. banks — State Bank of India,
utive quarters, beginning April-March 2017. In the last 33 In comparison, oil and gas, metals and mining compa- HDFC Bank, Canara Bank, ICI- Sweden 59
months, the industry has cumulatively lost ~1.75 trillion, nies, and automakers reported a contraction in the top line CI Bank, Indian Bank, and France 59
equivalent to nearly 50 per cent of its cumulative revenues in and the bottom line during the quarter. Punjab National Bank. Canada 57
the period. Some developed countries UK 52
If the entire sample of 2,493 companies (including telcos, such as the UK and Canada SOLUTION TO #2897 Medium:
financials, and oil), whose numbers for Q2FY20 are available,
is considered, India Inc reported a combined net profit of
NEP to be umbrella plan for allow the payment of taxes via
credit cards. Canada also allows
USA
Australia
45
35
~36,500 crore — the lowest quarterly figure in at least 15 years.
The combined earnings were down 68 per cent YoY, from
energy ministries the use of mobile wallets like
PayPal.
Germany 33
Japan 14
Solution
tomorrow
~1.13 trillion a year ago. The sample companies’ combined Archit Gupta, founder and
China 10 HOW TO PLAY
PBT was down 35 per cent YoY to ~1.13 trillion, from ~1.74 tril- Earlier, the FAME (faster adoption of manufacturing electric chief executive officer, Fill in the grid so that
lion a year ago. vehicles) scheme called for an inter-ministerial action plan. ClearTax, said that adding Russia 4
every row, every col-
The contrasting growth in PBT and post-tax profit is attrib- The validity of the NEP has been suggested to be till 2030. more channels of tax payment Note: All figures are for 2017
Source: Forex Bonuses umn and every 3x3
uted to a sharp jump in deferred taxes led by mobile operators. Officials said it had been sent to the Prime Minister’s Office would give taxpayers more box contains
The combined sales (net interest income in case of lenders) already. options to choose from and the digits 1 to 9
for these 2,493 companies were down 0.8 per cent YoY during India’s apex think tank has been drafting the NEP since make their payments quickly and easily. “It is important that
the quarter — their worst showing in at least three years. In 2017. Officials say it will address some of the latest issues of the these methods function smoothly, so that taxpayers are able
14 PERSONAL FINANCE MUMBAI | MONDAY, 18 NOVEMBER 2019
A
s the impact of the economic Who qualifies: A person doing skilled, financial advisor, "Younger people with
slowdown hits home, it is fast technical, unskilled, or manual job qual- Pradhan Mantri Vaya 8 (monthly); 8.3 15 lakh per person Income taxable have many working years left may use a
turning into a season of pink ifies as a "workman" under the ID Act, Vandana Yojana (annual payout) part of the compensation to re-skill them-
slips. Information technology 1947. The nature of work is typically rou- Public Provident Fund 7.9 1.5 lakh per annum 80C benefit. selves. Some part may also be used to
(IT) majors like Cognizant, Infosys and tine and repetitive. “Those in adminis- Interest tax-free repay high-cost debt.” If money is still
Capgemini have announced retrench- trative and managerial tasks do not qual- left, invest it in equity funds to meet long-
ment plans. The automobile sector has ify,” says Nand Kishore, advocate, DSK GoI Bonds-7 year 7.75 No limit Interest taxable term goals. Instead of making a lump-
witnessed mass lay-offs. Meanwhile, Legal. Annuities Varies widely sum investment, use the systematic
media reports suggest that over 80,000 Persons in jobs that require creativity depending on age transfer plan (STP) route.
employees of Bharat Sanchar Nigam Ltd or innovation also do not qualify as work- of buyer and People who are close to retirement and
(BSNL) and Mahanagar Telephone Nigam men and hence fall outside the ambit of do not intend to go back to full-time work
nature of annuity No limit Interest taxable
Ltd (MTNL) have opted for the voluntary the ID Act. The IT-ITES industry is a case again should deploy a part of their VRS
retirement scheme (VRS) offered by the in point. Some think that highly-qualified Source: Indiapost; LIC; companies money in equities so that it keeps growing
public-sector duo. If you are among those software professionals, for instance, at a faster rate and helps them combat
who have been laid off, or intend to avail should not qualify as workmen while BPO ENTER EQUITY FUNDS FOR AT LEAST 7 YEARS inflation (see: Invest in equity funds for at
of your company’s VRS scheme, here is employees, who undertake mostly rou- least seven years). The balance should be
Category average
what you need to know about the com- tine jobs, should. invested in a variety of debt instruments
pensation you will receive, and how you There is, however, some ambiguity
SIP return (%) 5-year 7-year 10-year (see: Invest in them for regular income) to
should deploy the considerable corpus. around this position. A labour court in Large-cap 9.09 11.02 11.21 generate a regular income for meeting
Madras recently took the view that IT- Multi-cap 8.30 11.35 11.96 monthly expenses. Of the debt portion, a
Compensation depends on period of company employees are covered under part should go into buying annuities for
Mid-cap 5.83 11.86 13.51
employment: When an employer the definition of workmen, and their a regular income in retirement. “Buy an
retrenches employees, it needs to pay employers should not have retrenched Small-cap 3.37 10.1 11.41 annuity plan without the return of pur-
them compensation if they fall under the them without following the procedure Data as on November 14, 2019 Source: mutualfundindia.com chase price option for better returns. And
purview of the Industrial Disputes (ID) under the ID Act. the later you buy it, the better will be the
Act, 1947. Says Anuj Shah, Mumbai-based Due to the uncertainty in the law, returns,” says Deepesh Raghaw, founder,
certified financial planner: "Under the ID experts say it is prudent to take the con- other Act, is exempt to the extent of the Act, 1961, VRS compensation of up to ~5 under Section 89(1) read with rules 21A PersonalFinancePlan.in, a Sebi-registered
Act, an employee is eligible for retrench- servative view that so long as the job least of the following: actual amount lakh is also tax-exempt. in respect of increased effective tax rate investment advisor. The balance of the
ment compensation amounting to 15 undertaken is skilled, unskilled, manual, received; 15 days’ average salary for every The good part is that if you end up get- on account of inclusion of retrenchment debt portion may be invested in schemes
days' (last-drawn) salary for each year of or technical, such employees would be completed year of continuous service, or ting a compensation amount that pushes compensation in his total income.” like Senior Citizens Savings Scheme,
service completed." Employees who have workmen and hence entitled to benefits part thereof in excess of six months; or ~5 you into a higher tax slab, you don't need Section 89 (1) provides relief to employees Prime Minister Vaya Vandana Yojana
worked for more than a year must be giv- under the ID Act. lakh. Hence, if a worker gets ~10 lakh, he to worry about the extra tax. Says on taxation of arrears. To claim relief (PMVVY), and so on.
en a month's notice, or salary in lieu. will be exempt from tax up to ~5 lakh and Mumbai-based chartered accountant N. under this section, an employee needs to Given the 25 years or more that people
The law does not prescribe any limits Tax implications: There's some good will have to pay it only on the balance. A. Shah: "If an employee has been in fill Form 10E and file it at are likely to spend in retirement, they
on how much should be paid in a VRS. news on this count. Section 10 (10B) of The compensation that people in employment for at least three years prior www.incometaxindiaefiling.gov.in should also attempt to generate some
Companies usually compute the compen- the Income Tax (I-T) Act provides that managerial or supervisory positions get to termination and his balance period of income through part-time work to sup-
sation based on the number of years for retrenchment compensation received by is taxable as salary under Section 17(3) of employment on the date of termination Making the money last: A part of the plement the income from their
which the employee has worked, and the a workman under the ID Act, 1947, or any the Act. Under Section 10 (10C) of the I-T is also three years, he can claim relief money received must go into creating an investments.
Tough call for RBI SHOP AROUND FOR BEST CAR LOAN OFFER
The deal being offered at the car
On one hand, growth is slowing down, while CAR LOAN- RATES AND CHARGES
on the other, inflation is inching up showroom may not be most attractive Bank Interest EMI (~) Loan Processing Loan limit Maximum
BINDISHA SARANG such a loan. rate (%) amount: ~5 lakh; fee (~) tenure
Tenure: 5 years (yrs)
cards. If the global economy does n When you go car shopping, n Use your pre-existing
slow down, it’s quite possible the Fed
car dealers offer you a loan State Bank of India 8.75- 12.1* 10,319-11,148 Nil till Dec. 31, 2019 Up to 90%**
will cut rates again. The European relationship with your
through a pre-existing tie- (Up to 100% under
Central Bank could also ease, given bank to get a car loan at
up with a financier. specific schemes) 8
impending Brexit and flat growth concessional rates.
across the rest of the European Remember, dealers usually Axis Bank 8.95 -11.20 10,367-10,921 3,500–5,500 Up to 100% ** 8
Union. The People’s Bank of China get 1-2 per cent n Remember, interest rates
can differ for different car HDFC Bank 9.50-10.25 10,501-10,685 3,000-10,000 Up to 100% ** 7
(PBoC) has held its policy interest commission on your loan.
rate so far, despite a slowdown in models even if the loan is Punjab National Bank 8.55-9.00 10,270-10,379 Up to 1,500 Up to 90%** 7
n It makes sense to shop taken from the same bank.
MARKET INSIGHT China. But the PBoC could also cut
if the trade war, and protests in Hong around by checking out This can impact your Union Bank of India 8.20-8.70 10,186-10,307 Up to 15,000 Up to 85%** 7
DEVANGSHU DATTA Kong continue, since both are drag- what other lenders are overall budget. Allahabad Bank 8.55-10.00 10,270-10,624 Up to 8,696 Up to 85%** 7
ging down growth. offering—your bank, other
Most available data points suggest The other major factor driving banks, and NBFCs. n Bank employees have to Canara Bank 8.45 -11.05 10,246-10,884 1,000 - 5,000 Up to 90%** 7
that GDP growth slowed further dur- equities is the absence of attractive meet month-end targets UCO Bank 8.35-8.60 10,222-10,282 Up to 1,500 Up to 85%** 7
ing July-September 2019. The State alternative investments for Indian n Many times, your bank and may get frantic to close
Bank of India (SBI) says that out of investors. Debt and real estate are may offer you a pre- the deal around that time. Indian Overseas Bank 8.7 10,307 500-10,000 Up to 90% 7
26 indicators that it tracks, as many two “go-to” assets for Indian approved loan. Find out if Use it to pressurise them to Oriental Bank of
as 21 slowed down. For example, tax investors. A breakdown in those you have this offer. You can give you better terms — a Commerce 8.05-8.50 10,150-10,258 2,500-7,000 Up to 85%** 10
collections were down, automobile assets has meant cash flowing out of negotiate with your bank processing fee waiver, *Additional concession of 0.25% on application through the SBI YONO app. Concession of 0.20% available on purchase of electric vehicle,
sales were down, the Index of these, and into equities.
to give you a better rate on perhaps. **Percentage of vehicle's on-road price. Rates as on November 14, 2019 Source: Paisabazaar.com
Industrial Production was down, Normally rate cuts are good for
and imports and exports were down. debt instruments. But the continu-
Most estimates for Q2 GDP ing trend of defaults has made
> .
I
ntel knows how to change with the 5G VALUE CHAIN INTELINTENDS zetabytes of data. And with potential partners. “AI
times. As the component markets is expected to to focus more the bulk of this data was THAN $5 BILLION IN policies are very impor-
looks ready to splinter into pieces,
on 5G
generate $3.5 trillion created in the last five INDIA OVER 20 tant. For example, if an
Intel — which had faced a similar years. If we don’t work autonomous driving car is
existential threat in the post-PC era — is
in output and technology towards smart storage YEARS. THAT’S THE involved in an accident,
ready to change tack. It is targeting every generate 22 million for non- solutions, cities and DIFFERENCE who is to blame? What we
corner of the data centre, with products smartphone
jobs by 2035 globally cities will be wasted to started doing was develop
aimed at storage, network services, IoT applications store this kind of data.
BETWEEN MANY something called ICTAI —
devices and infrastructure and AI accel- THE CHIPMAKER as it looks at a Intel has come up with OTHER MNCs AND the International Centre
eration systems. India happens to be a with a data-centric world full of what is called a 3D cross US — WE ACTUALLY for Transformative AI in
key pivot of its new strategy. focus has teamed up connected point storage technolo-
INVEST India,” Rai said. The ICTAI
The average Indian consumer con- with NITI Aayog and things than gy. This will enable you is a partnership among
sumes 13 gigabytes (of data) across Kerala government one with just to store huge amounts of NITI Aayog, Intel and Tata
NIVRUTI RAI
devices a month. For businesses looking data in a pen drive like Institute of Fundamental
to provide both connected Country head,
to harness the true potential of this data, form factor,” says Rai. Research to come up with
leveraging technologies such as AI and
hardware and smartphone So what are the appli- Intel India
application-based AI solu-
5G is crucial. software support users cation areas? tions needed for critical
In its revamped avatar as a data centric Take India’s urban domains such as health
company, the world’s largest chipmaker WHILE INTELIS bullish on 5G in India, transportation needs care, agriculture, and
Intel is working on the next set of innova- experts fear that with two of the that are a function of smart mobility.
tions piggybacking on 5G network deploy- three top telcos posting heavy losses, both how automobiles In February this year,
ment and on newer ways to store and the investment for the technology work and the condition Intel partnered with the
process data. Its local arm, Intel India, has may get adversely impacted of roads. Intel is using government of Kerala
aligned itself with this goal, and hopes to tools like road experience management through UST Global, to launch a new lap-
leverage investments lined up by the par- and advanced driver assistance systems top brand, Coconics. Coconics is a public-
ent and the research and development to localise vehicles within digital maps private venture to manufacture afford-
(R&D) capacities developed over the past head, says, “The US is the largest design driving, programmable chips, analytics, tion of 5G technology. A 2017 research relative to various landmarks as well as able laptops.
many years. house for us, India is the second. We’ve industrial automation, Internet of Things, report by market research firm IHS other vehicles, traffic lights and even pot- But will the turmoil in the telecom-
The crux of Intel’s India strategy rests spent more than $5 billion in India over and smart city management systems, all showed the global 5G value chain will gen- holes. 5G provides technologies that will munication sector throw a spanner in the
on providing customised solutions for the last 20 years. That is, every four years of which are expected to see huge erate $3.5 trillion in output and generate 22 enable super fast applications to establish works? Or will telecom companies gradu-
data storage, developing application- we have spent $1 billion and that's the dif- demand in the future. She says it is the million jobs by 2035. In addition, the glob- these connections. ally becoming more software centric
based AI research models across domains ference between many other MNCs and us same vision of the future that has steered al 5G value chain, it estimated, will invest Another area where Intel is hoping to (which Intel’s CEO Bob Swan had earlier
such as health care and education and — we actually invest,” says Rai. the company’s global focus beyond just an average of $200 billion annually to reap the early mover advantage is data called another focus area) open up new
tapping the business opportunities arising This, she adds, has enabled it to focus chips and semiconductors. build and expand the 5G technology base. and analytics. In analytics, for instance, opportunities for the firm?
from the 5G rollout. Nivruti Rai, country on emerging segments like autonomous Underlying most of these is the evolu- “4G connected everyone that had a phone, Intel has technology that can draw a heat Watch this space.
ing thereby, to tap into the wide- by working quietly,” he said. much help or support, financially CCO, Famous Innovations, the ubiquitous low-cost high-speed
spread appeal of underdog brand-
ing, said experts.
The ads barely talk about the
product. The focus is on the life
and/or technologically,” said
Satish. The films dramatise their
agency that worked on the cam-
paign said, “We were working
mobile internet, coupled with
industry’s initiatives. “The Indian
7 When Microsoft released Internet Explorer 5 in 1999, what
was created or supported for the first time?
Underdog branding is broadly stories of the three athletes. journey, snapping up their big with a very simple yet innovative consumer is becoming increas-
understood as a strategy where
the brand adopts the story of a
Sprinter Hima Das from Assam
and her first gold medal at the
moments in a sharply cut short
video. Emotional and inspiring
product, a washing machine that
does what it does in the most effi-
ingly engaged with the stories
being told. This is evident, given 8 The Namiki Manufacturing Company is better known as what
now?
protagonist who has struggled World Under-20 Championship at videos are being increasingly used cient way possible.” we are witnessing a rise in both,
against the odds to rise to the top,
as its own. It particularly res-
onates with consumers during
Finland and subsequently, the
Arjuna Award for outstanding
achievements in sports. Boxer
by brands as it is a form of con-
tent that is believed to appeal the
most to women viewers, accord-
For many brands, short, online
videos are now an indispensible
element of their campaigns, given
the number of sessions as well as
the time spent per session,” said
Kanchan Samtani, managing
9 One of this brand's latest ad films is titled "Act of God", name it.
tough economic times. Haier has Simranjit Kaur from Chakar ing to the 2019 Adobe Brand its increasing popularity. director and partner, Boston
used the three ambassadors and (Punjab) and her perseverance Content Survey. According to ‘The trillion (and Consulting Group India. 10 This is one of the first logos
of a global brand. Name it.
T
he arrest of five people, including repaying any of its secured/unsecured cred- emerged victorious in the Assembly polls,
three serving and retired Uttar itors, including fixed deposits. was invested in outstanding the trusts allegedly started investing in
Pradesh Power Corporation While investigators are still investigat- DHFL alone with DHFL DHFL without the approval of the UPPCL
(UPPCL) officials, in connection ing commissions or kickbacks in the alleged chairman/MD.
with alleged irregularities in parking the scam, those arrested are being subjected AS IT HAPPENED The trusts’ meeting on March 24, 2017,
state electricity body’s employee provident to intense interrogation. This is perhaps MAY 8, 2013: The trusts decide to invest in passed a resolution that “the board of
fund (PF) notwithstanding, the saga is only the first major instance when the Yogi trustee agreed to consider the investment
term deposits of PSBs
getting murkier by the day. Adityanath government is fighting corrup- proposals as per government notification
While investments by the UP State tion charges. APRIL 21, 2014: They decide to explore dated March 2, 2015, in the securities with
Sector Employees Power Employees’ Trust DHFL is being probed by the other avenues giving higher returns higher security and high interest rates other
and the Provident Fund Trust in Dewan Enforcement Directorate (ED) in connec- than deposits of nationalised banks Triple
OCTOBER 2016: The two invest in PSBs’
Housing Finance Corporation (DHFL) are tion with money laundering rackets of fugi- A-rated companies as per prevailing prac-
worth ~4,122 crore, part of that money — tive gangster Iqbal Memon, alias Iqbal
term deposits tice further investment in securities will be
~1,855 crore — was repaid, leaving ~2,267 Mirchi, besides other irregularities. DECEMBER 2016: They park funds with decided by secretary (trust) on a case-to-
crore to be recovered. So far, former UPPCL managing director PNB Housing case basis with the consent/approval of
While the alleged unauthorised invest- A P Mishra — in whose tenure’s fag-end, director (finance) UPPCL trustee”.
MARCH 2017: Start investments in DHFL,
ments were made in instalments from the suspected “unauthorised” investments On condition of anonymity, a former
March 2017 till now, unsecured term in DHFL began in March 2017 and contin-
which continue until December 2018 chairman of UPPCL said if decisions on
deposits were parked with two other non- ued until December last year — has been JULY 10, 2019: The UPPCL receives a investing PF funds had been made and the
banking financial companies (NBFCs) — arrested. The other arrested individuals complaint about investments in DHFL investments continued for almost two
PNB Housing Finance and LIC Housing include two suspended employees of the years, the chairman of the Corporation,
JULY 12: A probe committee is set up; it
Finance. power utility — the UPPCL general man- who is also ex-officio chairman of the two
Given that the DHFL deposit alone ager and the trusts’ secretary, Praveen submits a report on August 29 trusts, could not claim immunity for acts
accounted for 65 per cent of the investment Kumar Gupta, and UPPCL Director NOVEMBER 2: The UP government Alleged irregularities in investing provident funds are the first major instance when of omission or commission.
by the two trusts, the net corpus of the trusts (Finance) Sudhanshu Dwivedi. recommends a CBI probe the Yogi Adityanath government is fighting corruption charges PHOTO: PTI Meanwhile, the power utility’s employ-
is calculated to be approximately ~6,300 Besides, Gupta’s son Abhinav and his ees have declared a 48-hour boycott of work
crore. The trusts invested 99 per cent of aide Ashish Chaudhary, the owner of a on November 18-19. They are demanding
their corpus in these three NBFCs. suspected bogus brokerage firm, were plained to the chief minister against Alok August 29. According to the FIR, on May 8, 2013, the arrest of Alok Kumar since more than
With trust officials keeping mum and rounded up. Kumar that he allowed “unauthorised” However, it was after the matter became the trustees adopted a resolution to invest ~4,000 crore worth of investments in DHFL
the investigative agencies sealing their Only when Principal Secretary (Power) investments to take place and not apprised public that the government ordered the in term deposit schemes for public sector took place under his nose.
offices and confiscating records, more such and UPPCL Chairman Alok Kumar and him of the case. arrest of Gupta and Dwivedi; a police case banks. At another meeting on April 21, 2014, The convener of the UP power employ-
investments by bending rules in the past Power Secretary and UPPCL Managing On July 10 this year, UPPCL received a was filed on November 2. A CBI probe was the trustees decided to explore other invest- ees’ joint action committee, Shailendra
cannot be ruled out. In fact, the two trusts Director Aparna U were removed did the complaint alleging fraudulent investments recommended and the case handed over ment avenues offering higher returns. In Dubey, demanded that the Yogi Adityanath
have not held mandatory meetings every episode begin to make headlines. in DHFL, following which Alok Kumar set to the UP police’s economic offences wing October 2016, the trusts invested in the government issue a gazette notification
three months for the past several years. Energy Minister Shrikant Sharma, who up an investigation committee on July 12. (EOW) until the central agency took over term deposits of nationalised banks. undertaking for repaying PF money to
Recently, DHFL, in a statement, claimed is on the radar of the Opposition, had com- Its report on the matter was submitted on the investigation. In December 2016, the two trusts nearly 45,000 employees.
STORY IN
consensus over the political and
NUMBERS NEWSMAKER/ RAGHUBAR DAS administrative “stability” he
brought to the fledgling state. “He’s
1
Injuries sustained prior
22
Burning a hole a rise in the real interest rate can
steadily increase the debt/gross
domestic product ratio of the state.
Third, the Punjab government
acting on the NGT’s order has spo-
radically imposed fines on those
in the pocket
Others Shocks of a more permanent found to be burning stubble. But
to police custody 37 nature can render the state into many who have been fined have
Suicide macroeconomic instability.” refused to pay. Many others have
3
Second, the National Green paid the fine because the quantum
While escaping
Tribunal (NGT) in its 2015 order of these fines hasn’t been a deter-
from custody
Providing financial support to farmers to stop them from asked states to provide machines rent against crop burning. The
like happy seeders, the market NGT had ordered imposition of
Road accidents/
4
CUSTODIAL lighting stubble is a tough ask for the debt-ridden state price which is around ~1.5 lakh, fines ranging from ~2,500 to
free to farmers having holdings of ~15,000 depending on the size of a
journey during DEATHS IN SAI MANISH after harvesting the crop. So far, farmers less than 2 acres. Those with a landholding of farmer’s landholding. Farmers claim that it
investigation 2017 haven’t received anything. Instead, the gov- 2-5 acres would be charged ~5,000, while costs them less to burn the stubble and pay
5 Punjab’s precarious finances have put Chief ernment is asking us to buy machines cost- those with even bigger farms were to be pro- the fine than buy, store and maintain
Injuries in custody Minister Amarinder Singh’s government in a ing lakhs of rupees at subsidised prices,” said vided happy seeders for ~15,000. In effect, the machines that serve little purpose.
because of spot as it battles criticism over its failure to Harinder Lakhowal, general secretary of the richest of farmers in Punjab were expected to Amarinder Singh recently said his govern-
police assault stop stubble burning — a leading cause of Bharatiya Kisan Union. be subsidised by the state government by ment received complaints against 20,729
the catastrophic pollution witnessed in Delhi In many ways, Amarinder Singh’s gov- bearing 90 per cent of its cost — again a farmers this year and fined 2,923 of them.
28 and adjoining areas. ernment, which had already placed the tough proposition given the state’s finances. Any wide-scale imposition of fines could be a
Death due to illness/death in hospital “We had asked for ~3,000 an acre or ~200 state’s Budget under tremendous pressure The chief minister was reported to have said political landmine for the Congress in Punjab
Source: National Crime Records Bureau report 2017 during treatment for every quintal of paddy so that we could through farm loan waivers, may find it hard his government had provided 28,000 such — one of the few states where the party put
employ more people to uproot the stubble to bring the matter under control. machines in 2018. up a decent show in the general election.
.
MUMBAI | MONDAY, 18 NOVEMBER 2019 BUSINESS LAW 17 <
T
based on repeated survey reports of insurers which put the here was a sense of deja their appointments. “It appears
losses far below the claim. Owing to financial distress, the vu when the Supreme the selection rules were formu-
company signed a discharge voucher to get whatever was Court struck down lated in a zeal to ensure that tri-
offered. The voucher stated that the payment was “full and a rule framed by bunals are expeditiously
final settlement” voluntarily given, settling “all claims, the Centre to reg- manned and a major cause for
present or future, arising directly/indirectly in respect of the ulate the appointment of delay in justice dispensation is
loss/accident and subrogating all their rights and remedies members to tribunals and addressed,” says Butani.
to the insurer". When the company sought arbitration, the appellate tribunals, with a direc- Given the current state of
insurer argued that since the company had signed the tion to the government to refor- redundancy and delay in
discharge voucher and accepted the amount offered, there mulate them. various tribunals, consoli-
was no arbitrable dispute. The high court rejected that The apex court’s observa- dation of tribunals is as a pos-
contention, leading to the appeal. The Supreme Court tions reflected the findings of itive step forward, Abraham
dismissed the appeal, stating that there was an arbitrable a Law Commission of India points out.
dispute and there was prima facie ground to examine “the report (Assessment of Kumar concurs with the
genuineness or credibility of the plea of coercion.” Statutory Frameworks of apex court’s view that a judi-
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Tribunals in India) that was cial and financial impact
Chit fund subscriber’s default serious submitted to the government in assessment ought to be car-
If a subscriber in a chit fund scheme October 2017. Two years later, ried out before tribunals are
defaults, the firm is entitled to recover the Supreme Court voiced similar merged, given the implications of
the consolidated amount of future concerns that were raised in the such a merger. Among other things,
subscriptions from her in a lump sum. Commission’s findings. the Commission had noted that cur-
This is because the relationship Legal experts say striking down Illustration: Binay Sinha rently there is no uniformity in the
between a chit subscriber and the chit of the rules that regulate appoint- age of retirement of tribunal
ments in tribunals is unlikely to members.
foreman is a contractual obligation,
which creates a debt on the day of impact their functioning. However, WHAT SUPREME COURT WANTS Judiciary’s long-standing concern
One of the key findings in the Law
the apex court has clearly thrown the over composition of tribunals: Commission’s 2017 report was that
subscription, the Supreme Court ruled in its judgment in n Government must frame of all tribunals to analyse
gauntlet at the Centre to get its act “The central government is the the high pendency of cases in some
Oriental Kuries vs Lissa. “The stipulation of empowering the fresh rules to regulate ramifications of changes in
foreman to recover the entire balance amount in a lump together on how tribunals are set up largest litigant before the tribunals tribunals indicates that the objective
and run. appointment of members to their framework of setting them up has not been
sum in the event of default is to ensure punctual payment by tribunals and appellate constituted under various statutes.
each individual subscriber,” the judgment clarified, adding “This does not necessarily create nApex court recommends Allowing the executive a controlling achieved. The Commission, too, had
a vacuum as the earlier provisions tribunals setting up of an independent suggested the involvement of gov-
that “without punctual payments, the system would authority over diverse facets of the
become unworkable, and the foreman would not be in a relating to the appointment of tribu- n New rules should ensure statutory body, ‘National tribunals would be destructive of ernment agencies in the appoint-
position to discharge his obligations to the other members nal members would continue to non-discriminatory and Tribunals Commission’, to judicial independence which ment of members should be minimal
apply,” says Mukesh Butani, founder- oversee the selection process constitutes a basic feature of the since the government is typically a
of the chit fund". The Kerala High Court had ruled that by uniform conditions of
entering into a chitty agreement, debt is not created by the partner, BMR Legal. Constitution….” party in litigation.
service of members, fixing criteria
subscriber with respect to the amount of all future So, until the government formu- Butani agrees with this point of
lates fresh rules, all appointments n Government must conduct for appointments and JUSTICE D Y CHANDRACHUD view. “It is apparent that with the
instalments. Invoking the central law, Chit Funds Act, 1982, service rules
the Supreme Court set aside the high court judgment. would be made according to the judicial impact assessment Supreme Court judge government being the largest liti-
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
applicable law prior to the enactment gant, it must neither be allowed nor
of the Finance Act, 2017, say experts. perceived to have a vital play in the
Bad cheque after Lok Adalat is offence The SC ruling has again put the judicial process. The executive held of tribunals. so in accordance with the judgments appointment of the tribunal mem-
A cheque issued following a settlement spotlight on a long-standing tussle that tribunals help address delays in “We have seen multiple judg- of the court,” says Alok Prasanna bers via these Selection
before the Lok Adalat is meant to between the executive and the judi- disposal of cases in courts. ments of the Supreme Court on tri- Kumar, senior resident fellow at Committees,” he says.
discharge a liability and if it is ciary on the efficacy of the tribunal Legal experts are divided over the bunals which have tried to change Vidhi Centre for Legal Policy. Most experts feel the ideal solu-
dishonoured by the bank, the drawer system. Judiciary has been of the question whether the current ruling the way the government sets up and Since tribunals replace courts for tion is having a tribunals commission
can be prosecuted again under the view that tribunals -- a quasi-judicial by the apex court would have any runs tribunals, but again and again, specified disputes, the Supreme and giving neither the judiciary nor
Negotiable Instruments Act, the institution --have been used to impact on the government’s position the government, irrespective of party Court has opined that the qualifica- the government final say in the
Supreme Court has ruled in its undermine the independence of the vis-à-vis setting up and functioning in power, has shown reluctance to do tion and acumen of the members of matter.
judgment, Arun Kumar vs Anita Mishra.
In this case, Arun received a cheque from Anita which was
dishonoured. She was prosecuted and sentenced to six
months of prison and a fine of ~3.3 lakh. Later, the dispute INSOLVENCY RULES FOR FINANCIAL SERVICE PROVIDERS
was taken to Lok Adalat. According to the settlement, she
was to pay ~3.51 lakh on the same day. She gave a post-
dated cheque according to the settlement. But it also
bounced, leading to a second round of criminal case. When
the magistrate dismissed her petition to quash prosecution,
‘Regulator has more control than the CoC’
she moved the Madhya Pradesh High Court. It set aside the SUDIPTO DEY a close involvement of financial view is that the Reserve Bank of complementary roles for the has better control over the resolution
prosecution on the ground that the cheque was not issued sector regulators in order to address India should directly deal with regulator, creditors, and the process than the CoC does.
to clear a debt or liability towards the payee. It was to fulfil a The government last week came up depositor protection issues, as well financial stress in the banking adjudicating authority (for instance, Given that the resolution of
settlement. The Supreme Court asserted that there was a with an interim framework for as resolve matters on account of the system. the NCLT). The Rules require the financial firms must be undertaken
clear liability on account of the settlement. Moreover, the resolving financial stress in financial interconnectedness of financial appropriate regulator to initiate swiftly, a concept of “deemed” no-
first round of litigation clearly showed that the cheque was service providers (FSPs) through a firms,” says L Viswanthan, partner at How is the initiation of resolution resolution (as distinct from objection has been built in within 45
issued on account of liability. structured resolution and Cyril Amarchand Mangaldas. for FSPs different from the one for individual creditors initiating days of submitting the application
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> liquidation proceedings. Experts The IBC has been appropriately corporate persons, limited liability resolution). to the appropriate regulator, says
decode the implications of the modified by the FSP Rules to allow partnerships, and partnership “Retaining the trigger to initiate Viswanthan.
Adulteration of oil in ‘critical’ category insolvency rules for debt-laden for a combination of regulator- firms? insolvency with the regulators will
Adulteration of petrol and diesel is a financial entities, and how their driven and creditor-participative Under FSP rules, only the also minimise disruption to How will the process help to avoid
“critical irregularity” according to the treatment would be different from resolutions, with the final sanctity of appropriate regulator FSPs,” says Viswanthan. litigation?
Marketing Discipline Guidelines issued that of the corporate insolvency the approval of the tribunal, he adds. initiates the Experts point out Experts say the FSP Rules provide
by public sector oil marketing resolution process for “Financial institutions resolution process, that under the FSP for instituting an interim
companies. It called for the termination manufacturing or services outfits. are generally a fiduciary business taking into account Rules, the regulator moratorium, which is crucial to
of the contract between an oil company that requires extra care,” says Abizer systemic is more involved avoid multiple proceedings at the
and a dealer, the Supreme Court stated Why is there a need for a separate Diwanji, partner and national implications of the with the resolution filing stage.
in its judgment in Indian Oil framework under the Insolvency leader, financial services, EY. resolution of such process. The “Since the regulator can initiate,
Corporation vs R M Services Centre. It set aside the ruling of and Bankruptcy Code (IBC) to deal firms, and the regulator appoints or the blessings of the regulator are
the Gauhati High Court, which maintained that the variation with insolvency and liquidation Why have banks been kept outside impact on the an administrator to required for initiating, this should
in quality was not critical and termination was not justified. proceedings for FSPs? the ambit of the interim wider financial oversee the avoid unnecessary litigation,” says
In this case, the dealer was allotted the contract as a Financial service entities, generally mechanism? system. operations of the FSP Karan Mitroo, partner, L&L Partners.
handicapped person. On inspection of the premises, it was banks, have a profile of creditors This framework has not been made This is a major during the resolution
found that the diesel was adulterated and there was stock different from that of applicable to banks, which are departure from IBC process. There are provisions What are some of the loose ends that
variation. In the latter case, the punishment was warning manufacturing or services concerns. governed by the Banking Regulation provisions for manufacturing and for constituting an advisory need more clarity?
and suspension. But in case of adulteration, termination They don’t necessarily have Act, 1949. Experts say this law services entities, which allow committee in the operations of the The Rules regarding the role of the
was justified according to the guidelines, the judgment said. financial creditors, but deal with provides for an enabling mechanism financial and operational creditors FSP to assist the administrator. advisory committee are to be issued
The court also rejected the argument of the dealer that there retail providers of capital, or for resolving stress in scheduled to invoke the Code and initiate the With the centrality of the by the regulators. Experts say there
was a delay of five days in testing the sample. It said that the fiduciary deposits of the commercial banks. insolvency resolution process. Committee of Creditors (CoC) are several unanswered questions
10-day timeline was not mandatory and not to be strictly government. The government is also looking reinforced, their approval is required around the composition of the
adhered to. The quality does not vary in such a short period. Experts say a separate framework at re-introducing the Financial What is the role of the regulator, for the resolution plan. However, Committee of Creditors, and the
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
for financial service providers is Resolution and Deposit Insurance creditors, and the adjudicating such approval has to be backed by a powers of different operational and
IBC resolution does not free guarantor required to protect retail investors, (FRDI) Bill in Parliament with authority under the resolution and no-objection certificate by the financial creditors of FSPs. The
and for systemic reasons. “The adequate safeguards to protect bank liquidation framework for FSPs? regulator. Diwanji points out that government is yet to notify the
The liability of a guarantor of a debt of a
resolution of financial firms requires deposits. The generally accepted The FSP Rules envisage distinct, yet under the FSP Rules, the regulator category of FSPs to be covered.
corporate debtor is not extinguished
upon an insolvency resolution plan in
respect of the corporate debtor. The
Calcutta High Court held so last week in
its judgment in Gouri Shankar vs
Punjab National Bank. In this case, the
director of a company stood a personal guarantee for bank
loans. When the company defaulted, the bank moved the
A blockchain, data protection conundrum
ARUSHI GOEL Right to be forgotten think of a blockchain providing a ledger of does it mean for data to be erased? Does it
National Company Law Tribunal, Kolkata, which approved a
Second, the challenge arises with respect to medical records to allow easy portability across mean that the data should cease to exist on
resolution plan under the Insolvency and Bankruptcy Code.
The Holy Grail for both blockchain and the Article 17 of the GDPR, which is the right to be hospitals, doctors, insurance companies and the platform or mere inaccessibility to data
The dues were paid according to the plan after a haircut.
General Data Protection Regulations (GDPR) forgotten. This right entails that a data subject the patient. In this blockchain, X logs her med- would render the compliance sufficient? These
However, the plan did not deal with the personal guarantee
enacted by the European Union remains the should have the right to have her personal data ical records voluntarily in the blockchain for are some of the questions that will need to be
of the director. When the bank turned to the director
control of user upon her own data. However, erased, where the personal data is no longer the purpose of obtaining health insurance answered in due course of time.
demanding payment according to the guarantee, he argued
the implications of the use of blockchain on necessary in relation to the purposes for which from a private health provider. This validated
that his liability is co-extensive with the debtor and, Going forward
data ownership, control, and its monetisation the data was collected or where the data subject record is available to the insurance company
therefore, he was free from the guarantee. The court
conflicts with the GDPR in its implementation withdraws consent to the processing of her after she provides it with the necessary access. In order to make the blockchain compliant
dismissed his petition stating that the insolvency code “does
in two significant ways. personal data, or where the pro- Let’s say, after a few years she desires with the GDPR, there have been attempts to
not allow personal guarantors to escape their liability".
cessing of personal data does to have her medical records taken off use a model wherein the data is stored off-
Citing judgments on contracts and insolvency, it said: “The Identification of data controller not comply with the GDPR. the blockchain as she wants to move chain while only the hash and metadata of the
corporate debtor in a proceeding under the code may stand
First, under the GDPR, a data controller is The right to be forgotten is not to another insurance company. personal data is stored on the blockchain.
discharged of its liability to its creditors but the same does
assumed to be a centralised an absolute However, the very nature of While this means that personal data can be
not absolve the surety of the liability".
authority responsible for deter- right, but is blockchain does not allow her to modified/erased at will, it reduces the account-
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
mining the purposes/means for The very exercisable by remove her records. How can she ability that is in-built in a blockchain.
Forfeiture of equipment upheld the processing of personal data. In technology that a data subject then realise her right to be for- Balancing trust and privacy is a tight rope that
a permissioned blockchain, there sought to under certain gotten? Given the stage at which blockchain solutions will need to walk in the
The Supreme Court has upheld the
may exist a centralised authority maintain the specific cir- the technology exists, it coming years. It is, therefore, a conundrum
forfeiture of security deposit and
that can control the way the data integrity of data cumstances as appears that it would be diffi- that the very technology sought to maintain
equipment of a contractor whose
is fed and processed on the chain is at odds with outlined in cult for her to remove her the integrity of data is at odds with the law that
performance was poor. In this case,
and therefore, the identity of a data the laws that Article 17. medical data from the endeavours to protect personal data. Is the
Vijay Trading & Transport vs Central
controller or a data processor is endeavours to In a blockchain though she is free answer then centralised databases where the
Warehousing Corporation, the firm was
easier to comprehend. The situa- protect personal blockchain, it is to move to another company GDPR is far easily implementable? But isn’t
given a contract for handling and
tion, however, is more complicated data difficult to realise for her insurance needs. In that exactly what blockchain intended to
transportation at Inland Clearance
Depot, Varanasi. However, the contract was terminated by in a public blockchain when there such rights as by a permissioned avoid? Centralised authorities? With the enact-
the government corporation because of poor performance is no controlling authority or even a clearly its very nature, a blockchain is blockchain, removal of ment of GDPR and similar laws across the
and consequent deterioration in the situation in the depot. identified set of entities who take responsibil- an immutable ledger of informa- records is also a chal- globe, it appears a Rubicon has been crossed,
The contractor protested and took the issue to arbitration. ity for the data. In a scenario of a data leak in tion. Any change purported to be made lenge, albeit but how it will engage with existing and future
The award was against him. He challenged the award in the the bitcoin blockchain, for example, it would in one block will also lead to change in Fundamentally, technologies, only time will tell.
Delhi High Court without success. The Supreme Court not be possible to hold the developers of bit- the preceding blocks and therefore, destroy there needs to be
dismissed the appeal. coin responsible. the integrity of the data. As an illustration, clarity about what The writer is ex-judge and technology lawyer
18 THE SMART INVESTOR MUMBAI | MONDAY, 18 NOVEMBER 2019
BSE 200: TOP 5 GAINERS OF LAST WEEK QUICK TAKE: EXPANSION, LOWER COSTS TO HELP JK CEMENT “INVESTORS ARE EXPERIENCING FOMO – THE
BSE price in ~ Nov 8, ’19 Nov 15, ‘19 % chg JK Cement is trading near its 52-week high. The company FEAR OF MISSING OUT – WHICH HAS
Edelweiss Financial Services 110.8 129.1 16.5 reported a healthy performance in September quarter PROMPTED A WAVE OF OPTIMISM AND JUMP
AU Small Finance Bank 688.9 800.7 16.2 with net profit growing 68 per cent year-on-year due to
Amara Raja Batteries 654.0 746.2 14.1 healthy realisations and cost savings. Analysts expect the
IN EXPOSURE TO EQUITIES AND CYCLICALS”
Reliance Nippon Life Asset Manangement 318.9 358.0 12.2 company to benefit from capacity expansions even as MICHAEL HARTNETT,
Cholamandalam Investment and Fianance 296.5 329.0 11.0 lower input costs drive its operating performance. Chief investment strategist, Bank of America Merrill Lynch
<
A
t a time when the economy Securities, is: “There is flight to support is seen at 11,780 levels.
is sagging, the robust out- quality stocks in the market which
China Life 1.2 China Derivative analysts believe that it is
look for life insurance com- is lifting the valuations of life insur- Samsung Life 0.4 South Korea better to take stock specific
panies has found good support of ers.” However, the outlook for prof- AIA Group 2.1 Hong Kong positions now rather than bet on
investors. The stocks of three major itable growth remains strong, Zurich Insurance 1.6 Switzerland the index. The Bank Nifty, on the
life insurers — SBI Life Insurance Jasani adds. The inclusion of SBI ICICI Prudential 2.6 India other hand, has been forming
Company (SBI Life), HDFC Life Life and ICICI Life in the Morgan HDFC Life 4.6 India higher highs and higher lows from
Insurance Company (HDFC Life) Stanley Capital International SBI Life 3.2 India the past five weeks. It has to continue
and ICICI Prudential Life (MSCI) index, recently, also high- Max Financial Ser. 1.1 India to hold above the 30,800 zone to
Insurance Company (ICICI Life) — lights the sturdy growth outlook, E: Estimated; For Indian players it is based on price to embedded witness an upmove towards 31,250, and
value and price to book value for rest; Source: Brokerage reports
have surged by 49-60 per cent in and has added to the demand for then 31,500 zones, while on the downside
the last six months. While Max the stocks. There are factors point- tection products, which should of protection products in the over- Life, and SBI Life garnered over 50 major support is seen at 30,400 levels.
Financial Services (holding com- ing to a strong outlook for life continue. Lower penetration and all annual premium equivalent or per cent of their businesses from Among banking stocks, State Bank of
pany of Max Life Insurance) under- insurers’ profitability, which is rising awareness about the impor- APE of ICICI Life expanded by 690 banking channels. Improvement India, HDFC Bank and ICICI Bank could
performed its peers with around 19 measured in terms of value of new tance of life insurance as a protec- basis points year-on-year in in persistency ratio, which indi- prove good bets, said Chandan Taparia,
per cent gains in its stock price, it business (VNB) margin. This, in tion channel rather than a savings H1FY20, it was 50-150 basis points cates the stickiness of customers, derivative analyst at Motilal Oswal
was because of factors such as turn, will improve shareholders’ product is also benefiting insurers. (bps) up for others. For SBI Life, is another profitability booster for Financial Services.
overhang related to distribution value. For instance, embedded val- According to Edelweiss, the the share is based on new business insurers. “Persistency ratio should ASHLEY COUTINHO
tie-up with Axis Bank and pledged ue (EV) of all the four listed insur- protection part is 10-20 per cent for premium as the APE-based data is improve with rising financial liter-
shares. Still, all these stocks have ers is expected to increase at an the Indian life insurance business not available. For these life insur- acy,” says an analyst with a domes- CSB commands grey market premium
outperformed the Nifty Financial annual growth rate of 15-20 per and the rest is investment/savings ers, VNB margin, too, expanded by tic broking house. Prem Watsa's Fairfax-backed CSB Bank
Services index and Nifty50, which cent over the medium term, esti- management and the protection up to 350 bps year-on-year in Overall, life insurance stocks (formerly Catholic Syrian Bank) is likely to
are up by 15 per cent and 7 per cent, mate analysts. EV is the present component is far lower in India H1FY20. offer an opportunity for investors. extend the trend of good listings, if grey
respectively, in the same period. value of shareholders’ interest in a than peer nations. This is where Strong distribution franchise However, risk-averse investors market premiums are to go by. According
With the sharp rally, these life insurer’s retained earnings. the huge opportunity lies. with bank branches should make may want to wait for some correc- to market participants, shares of the
stocks are currently trading at high Besides expectations of good The April to September period protection products sales easier, tion before entering these coun- private sector lender are changing hands
valuations as compared to their premium growth, there is rising or H1FY20 numbers show compa- mainly for the top three insurers ters. ICICI Life and SBI Life are at a premium of 35 per cent in the grey
global peers. One reason for such traction for high-profitable busi- nies are continuously pushing pro- with banking parentage. According among top picks of analysts in the market. CSB Bank’s ~450-crore IPO opens
high valuations is the underlying nesses, such as annuity and pro- tection products. While the share to H1FY20 data, ICICI Life, HDFC life insurance space. on Friday. The shares are likely to be
priced in the range of ~190 and ~200
apiece. The grey market premium
currently is ~75 per share. The previous IPO
‘Too early to say that the financial the problem of non-performing assets
for NBFCs, but also depressing the
broader consumer sentiment. Investors
should watch out for some resolution
What’s your view on global events?
While investors were severely con-
cerned about geopolitical issues
(Brexit, the US-China trade spat, a pos-
US - Leading index
US - FOMC meeting minutes
UK - public finances figures
22-Nov US - Markit PMI service,
HONG KONG COP WOUNDED WITH ARROW AT CAMPUS STAND-OFF; UNIVERSITY UNDER SIEGE Aramcovaluationfalls
below$2-trilliontarget
Hong Kong
protesters shot
arrows and hurled
petrol bombs from a
barricaded
university on Sunday
at police, who in
IPOsharepriceout,valuingthecompanyatupto$1.7trillion
return fired tear gas HADEEL AL SAYEGH, SAEED AZHAR Aramco kicked off its IPO
and water cannon in & RANIA EL GAMAL on November 3 after a series of
one of the worst Dubai, 17 November false starts. Crown Prince
violence in the Mohammed bin Salman, who
city since anti- Saudi Aramco is worth up to floated the idea nearly four
government unrest $1.7 trillion at the price range years ago, is seeking to raise
erupted five months set by the oil giant on Sunday, billions of dollars to invest in
ago. Several below the $2 trillion sought by non-oil industries, create
protesters took up Saudi's crown prince but put- WORLD'S BIGGEST employment and diversify the
positions on the
rooftops of Hong
ting it in the running to become
the world's biggest IPO.
IPOs ($bn) world's top crude exporter
away from oil.
Attop end of therange,
Kong Polytechnic Aramco cannot sell its In its original prospectus,
University, armed shares directly to investors in
Aramco's IPOwould be published on November 9,
with bows and the United States and other bigger than Alibaba's Aramco said the domestic IPO
arrows, as unrest markets, as the initial public Saudi Aramco 25.6 would be made to institution-
spread across the offering (IPO) will be restrict- al investors outside the United
territory’s central ed to Saudis and those for- AlibabaGroup(2014) 25.03 States according to Regulation
Kowloon district. A eign institutions permitted SoftBank (2018) 21.14 S of the United States
police officer was to invest in the kingdom's Securities Act of 1933, and
wounded in the stock market.
AIA Group (2010) 20.39 inside the United States under
arrow attack The oil giant said it plans to Visa (2008) 19.65 the Rule 144A of the US
PHOTO: REUTERS sell 1.5 per cent of the compa- General Motors (2010) 18.14 Securities Act.
ny, or about 3 billion shares, But on Sunday in an
at an indicative price range of
30 riyals to 32 riyals, valuing
PROFIT KING addendum to the IPO prospec-
tus Aramco said that it had
the IPO at as much as 96 bil- Saudi Aramco profit = Apple + removed any reference to such
Google + Exxon Mobil
T
op income earners cut down sharply on their theNSOsurveywasconducted),theaffluentsectioncut
expenditure, dragging consumer spending down on their expenses sharply.Asaresult, the income
down for the first time in India in over four
decades, leading to a decrease in income inequality.
gap shrank more in urban areas and the ratio of top 10
percentoftheeconomicgrouptothebottom10percent
Google enters
A class-wise analysis of the National Statistical
Office’s (NSO’s) consumer expenditure survey showed
fellto7.9in2017-18from9.7in2011-12and9.8in2009-10.
It was only the top 10 per cent of earners who saw a
battle for cloud
the gap between the rich and the poor coming down in
the six-year period till 2017-18.
fall in consumer spending due to less expenditure on
non-food items, such as clothing, conveyance, and
gaming market
The government on Friday termed the NSO’s survey durable goods. It was exactly the opposite in the case of Ever-expanding Google
report “Key Indicators: Household Consumer comparativelylow-paidgroups.Peoplebelongingtothe becomes a gaming compa-
Expenditure in India” “draft” and said it had decided 5.6 9.8 5.9 9.7 5.0 7.9 bottom 30 per cent of the economic group saw an ny Tuesday with the launch
not to release it owing to “data quality” issues. This increase in spending in the range of 11-13 per cent as of its Stadia cloud service
was after the findings of the survey report were made 2009-10 2011-12 2017-18 their non-food expenses grew by around 20 per cent that lets people play con-
public by Business Standard on Friday. Note: The NSO survey categorises the per capita expenditure data into
between 2011-12 and 2017-18. “Looking at these num- sole-quality video games
The survey was conducted between July 2017 and various class divisions, each known as a fracticle/decile, depending bers, rural distress is quite evident. The impact of on a web browser or smart-
upon money spent on food and non-food items. The ratio is of the top
June last year and was approved by a National 10 to bottom 10 decile, in terms of consumption. demonetisation on the rural poor was less than on the phone.
Statistical Commission-appointed committee for Source: NSO's Key Indicators: Household Consumer Expenditure Survey, richer ones as the former usually spends less and the The internet giant hopes
2017-18
“immediate” release on July 19 this year. trend is on expected lines. But it’s difficult to give a to break into the global video
It showed the ratio of the top and bottom 10 per cent coherent explanation as to what may have triggered a game industry expected to
of the economic group declined sharply to 5 per cent in ing by 17 per cent to ~2,478 a month, on average, as divergent trend among rich and poor in urban areas,” top $150 billion this year, with
2017-18 from 5.9 per cent in 2011-12 in rural parts of the they spent equally less on both food and non-food said Amit Basole, associate professor of economics at cloud technology that could
country — it was mainly because of a sharp decline in items. Overall, consumer spending in rural areas Azim Premji University. He added the NSO surveys broaden audiences attracted
expenditure by the relatively affluent class. In 2009-10, declined 9 per cent in 2017-18 over 2011-12. did not capture the top income earners as well, as they by rich new features as well
the ratio stood at 5.6 per cent. “Rich farmers were the most impacted by demon- mapped the lower-income groups. as ease of access with no
In rural areas, the bottom 10 per cent of income etisation and that’s one reason why their expenditure The survey showed the average amount spent by a more need for consoles.
earners spent ~500, on average, in a month in 2017-18 — cut is relatively sharp. The rural poor are mostly land- person in a month fell by 3.7 per cent to ~1,446 in 2017- But analysts say Stadia's
1 per cent less than six years ago. This was mainly less labourers, who were paid in kind in the aftermath 18 from ~1,501 in 2011-12. The figures for monthly per outlook is uncertain as its
because of a dip in expenditure on food items even as of demonetisation and were less impacted because capita consumption expenditure (MPCE) are in real faces rivals such as
the non-food overheads rose. Spending cuts grew pro- their overall consumption basket is mostly food items,” terms, meaning it has been adjusted for inflation keep- PlayStation Now in an
portionately as one moved up the income ladder in former chief statistician Pronab Sen said. ing 2009-10 as base year. In 2011-12, the real MPCE had emerging and highly-com-
villages. The top10per cent earners cut down on spend- In urban areas, the story was different and experts risen 13 per cent over two years. petitive market. PTI