Thursday, June 2, 2016

ALTERNATIVE TO RESTRUCTURING A V PAULOSE FORMER FINANCIAL COMMISSIONER

ALTERNATIVE APPROACH TO RESTRUCTURING – I

ALTERNATIVE APPROACH TO RESTRUCTURING
Railway privatization is not an easy proposition


A.V. POULOSE
Ex-FC(Railways)


            Analyzing the Rakesh Mohan Experts Group’s key recommendations to corporatise Indian Railways (INDIAN RAILWAY) and separate policy from operations, the writer, relying on earlier studies, rejects these, and sponsors an alternative approach of issuing a national railway policy in the form of a Charter for Indian Railways, to ensure greater commercial orientation without having to part with the assets or direct government control.
Pointing to the fact that the Railways are an “extremely complex organisation”, not permitting outside experts to grasp easily the “many complexities that govern the operation of this massive enterprise” the Rakesh Mohan Railway Expert Group has indicated an approach for consideration. On a careful review of the massive restructuring experience of Railways around the world over the last 15 years, the Group has very rightly concluded that “our solution will have to be our own”.

With commendable modesty, it has suggested that since “there could be other approaches”, the proposed one “be posed for national debate so that the most practical strategy can be adopted”, and to facilitate such a debate, “this report be disseminated to all stakeholders and the public at large”.

Suspicions need to be cleared

At the very first seminar to explain the recommendations, a suspicion was raised that the Report was only rationalising some pre-determined conclusions. Those who hold such a view cannot be faulted because of some circumstantial evidence. The group asserts that “Indian Railways is one of the most studied institutions on the planet” and that” “For almost every conceivable question that can be asked there already exists a comprehensive and rigorous report that lays out facts and indicates the answers. “Yet the group does not provide a detailed discussion of the earlier studies on corporatization. Why are we deliberately refusing to look at the mass of knowledge presented to us by the earlier bodies?
Again, the Economic Survey, 2000-2001, points to the policy direction – that the government would undertake corporatization of departmental enterprises to be ultimately disinvested, as a means of rightsizing the government, since under the existing arrangement the government appears oversized because of the categorisation of employees of departmental enterprises as government as government servants.  Some time back, there was a report attributed to the Prime Minister that policy and operations might be separated on the Railways. Montek Singh Ahluwalia, a key player in the reforms process had indicated at a recent international conference “that there are possibilities of breaking up the structure of the Indian Railways” Even in other fora he has been advocating corporatization of Indian Railways. These and other recent events do point the needle of suspicion towards external pressure points, but since a national debate has been proposed, the benefit of doubt goes in favour of the group.
 Is this ideology-driven?
In the absence of a full discussion in support of corporatization of INDIAN RAILWAY, one is tempted to conclude that the recommendation has been made in keeping with the current fashion in economic development thinking. But without any intention of eventual privatisation of INDIAN RAILWAY it ignores the currently fashionable theory of privatisation as the panacea for all economic ills.
The philosophy and ideology underlying economic development have moved in long waves, almost coming full circle. From laissez-faire in the 18th century, with minimal direct role of the state in economic activities, the philosophy shifted to greater State intervention late in the 19th and early 20th centuries, as “a major contributor not only to economic development but also to social and political stability.”
Over the years political interference and bureaucratic failure, leading to inefficiency and ineffectiveness of public sector activities began to be highlighted. The fourth quarter of the 20th century became “the age of privatisation”, swearing by the securing of private sector participation in the form of disinvestment and denationalisation. This has been fuelled by the example of the privatisation programmes adopted in a number of industrial countries, notably the United Kingdom. International agencies, and the World Bank in particular, have been the external agent and the driving force for popularising privatisation in several countries.
Our own experience, with public sector corporations, has not been very encouraging. We have also embarked on a disinvestment drive, although implementation is facing several roadblocks. Swami Nathan SA Aiyar has very tellingly brought out the ills of the Indian public sector as follows: “It is no accident that the public sector suffers from debilitating political and bureaucratic interference. Whatever the case abroad, in India politicians and bureaucrats clearly feel that the whole point of a public sector is to be able to interfere. Professors and journalists have lectured for four decades the need for public sector autonomy to no avail.  One of the main reasons for urging privatisation is that it offers a better chance of reducing political interference than lectures to ministers. This is a non-ideological conclusion born of experience”. It would appear that the main objective of privatisation should be the separation of economic from political power. Transformation of INDIAN RAILWAY into a corporation, without any intention of privatisation soon thereafter, will be a grievous retrograde step.

It also needs to be accepted that privatisation of railways is not an easy proposition, as there will be very few takers because of the special characteristics of investment and the slow and low profitability.
The Expert Group’s view is also that ..”The wholesale privatisation pursued in some countries is neither feasible nor advisable in India and the UK experience reflects a hasty and ill-considered experiment driven by political expediency, and is not a model to be followed”.
In any case, two successive railway ministers have made policy announcements that the Railways will not be privatised. In her last budget speech on February 26, 2001 Mamata Banerjee said: “I would like to assure this House that Railways shall not be privatised.” As reported in the Times of India (August 17, 2001), Nitish Kumar, the present minister “allayed apprehensions regarding privatisation of the railways, saying privatisation of British Rail had adversely affected the functioning of railways in that country”.

How does this fit with the divestment policy?

The Industrial Policy Statement of July 24, 1991, excluded Railways from the purview of disinvestment’. It was to continue as a departmental undertaking. The United Front government continued the policy of disinvestment in non-core sectors. The BJP-led National Democratic Alliance government classified public sector undertakings (PSUs) on March 16, 1999 into strategic and non-strategic, retaining “Railway transport” in the strategic group, to be outside the purview of disinvestment’. 
What needs to be emphasised is that Railway transport is accepted as strategic by all government irrespective of party alignments. Any restructuring to be attempted should be within the framework of this declared national policy.

Evolution of Railways in India

Railways started in India under the aegis of private companies, and passed through several stages of State and private ownership and brief spells of joint arrangements, before settling down as one of full State ownership and direct State management, as recommended by the Acworth Committee in 1924. Between December 31, 1924 and October 1, 1944, all principal railways were taken over for direct State management either by efflux of time or by exercising the option to purchase them.
Railways were built in India for national integration, economic development and exploitation of resources, and above all for military purposes. Railways have continued to be a highly visible national symbol, and the role-played by them in times of crises like the Gujarat quake, Orissa cyclone and military operations like Kargil is something that cannot be replicated by any corporation. Nor can a corporate structure contribute to economic development and national integration as the Railways have done.
Defence services have built up alternative arrangements in all fields including postal service and communications network, but are completely dependent on Railways for transport. All the strategic rail lines are owned and operated by the Railways. There is no comparison between other infrastructure facilities and railway facilities as far as transport by rail is concerned.  This fact needs to be kept in view while coming to any conclusion on the suggestion about corporatization of IR.
Railway operations require constant co-ordination with state governments and other wings of the Centre.  If only for these reasons, it is necessary that the government exercises direct control over their operations, which is possible only when they are run as a departmental undertaking.

Railways will be better off as a departmental undertaking


Over the last decades and more suggestions have been made in various quarters for converting the railways into a corporation. The Government of India Act 1935 proposed to set up a Federal Railway Authority’. The Indian Railway Enquiry Committee 1947 (Kunzru Committee), recommended the setting up of a Statutory Corporation, to be known as the “Union Railway Authority”. The Estimates Committee of Parliament, which reviewed this question in 1955-56, also advised against the reform for the time being. None of these got implemented.
A comprehensive study by the Railway Reforms Committee (RCC) set up in 1981, inter alia, “to recommend the best system suitable for the genius of the country” led to the conclusion that corporatization was neither feasible nor desirable.
The RRC had benefited by an evaluation of this issue for them by the Indian Institute of Management (IIM), Ahmedabad, whose study concluded that their “overall evaluation” was “for retaining the Departmental Organisation with a Board for the Indian Railways”, RRC had also sought the opinion of experts associations, and supported by the overwhelming opinion in favour of the existing set up, it concluded in 1985 “that from the point of view of financial viability, stability of the organisation, the burden that devolves on the organisation to face situations like internal and external emergencies, the Departmental form is the most suited for Railways” and recommended that “the present set-up wherein the Railways are being run as a Department of the Central Government should continue”.

The usual arguments in favour of corporatization are:
·       Railways can be freed from political and other external interference;
·       Fetters of the rigid governmental procedures can be removed;
·       Employees can benefit by sharing in the prosperity of the enterprise; and
·       Greater freedom in pricing can be secured.

That these advantages are illusory has been convincingly established by RRC, by pointing out that:
·       Corporations are not free from interference in day-to-day operations.
·       Interference of the Railways is somewhat high on account of the role it plays, with far-reaching impact on the everyday life of the people.
·       Conversion of the Railways into a Corporation not likely to materially reduce the extent of interference in their day-to-day working

Regarding autonomy and flexibility, Railways already enjoy much more of these than what is available to public sector undertakings (even the Navaratnas), which are subject to numerous controls of the Public Investment Board, the administrative ministry, and the finance ministry.
While there is comparatively more transparency in what happens in a departmental undertaking like the Railways, the indirect control and influence exercised by government on PSUs are not transparent. RRC had quoted, in this context, a telling observation by ARC in their Report on Public Sector Undertaking (October 1967), which holds good even today. ARC had stated that the controls exercised by the government over these undertakings, “in an indirect manner results in far greater control of these Undertakings than is necessary or desirable … One notable aspect of indirect control is that while the Government influence the decision of the Public Sector Undertakings they do not share the responsibility of this decision”.
Much the same story was brought out by the Economic Administration Reforms Commission (EARC) in the following words (Report No.4, January 1984).  “Unfortunately in the name of public accountability numerous checks and controls are introduced at every stage, which hinder executive action, concentrate decision making powers in the Ministry and in fact dilute the accountability of the Management”. “It will not be an exaggeration to say that the ministries have tended to integrate and absorb the public enterprises and convert them into mere extensions of themselves”.
Matters have not changed much
Several committees have thus studied this question, and the preponderant view has been that INDIAN RAILWAY should continue as a departmental undertaking with sufficient freedom for railway management to run it as a commercial undertaking.
More recent suggestions and observations on this subject have come from The Committee to Study Organisational Structure & Management Ethos of Indian Railways (Prakash Tandon Committee), the Railway Fare and Freight Committee (RFFC-Nanjundappa Committee) and the Railway Capital Restructuring Committee (Poulose Committee).

Separation of policy from operations

This is a vital recommendation of the group. A separate INDIAN RAILWAY executive board in the corporate structure is to run the Railways, while policy will be settled by the ministry. The ills diagnosed are real, but the remedy suggested is debatable. This again is an issue discussed threadbare by the RRC. The ministry of railways combines the functions of the secretariat of the minister of railways, and as the professional apex of the railway hierarchy. It has to assist and advise the minister “in the formulation of policies, coordination with other central ministries, State Governments, Planning Commission, and other relevant authorities, and also in the conduct of the work pertaining to Parliament”. It also supervises and directs the operations of the Railways.
This system has the advantage that those who formulate the policies are directly accountable for the results of the implementation of those policies, and, therefore, for the performance of the railway system. It guards against the possibility of an ivory tower’ approach in policy formulation and also makes available to the minister a secretariat with first hand knowledge of railway working.  It also eliminates an unnecessary intermediate tier between the board and the minister in the form of a separate ministry.

Separate railway budget

 The Group has made a symbolic recommendation about dispensing with the separate railway budget on corporatization. Since corporatization is not supported, this also fails through. As long as Indian Railway continues as a departmental undertaking, the scheme of a separate railway budget should continue.

Alternative Scheme

Having concluded that the restructuring recommended by the Group is not acceptable, it is necessary to look for our own’ alternative scheme to meet the objectives listed by them. These are:
·       To transform INDIAN RAILWAY into an efficient, customer-focused organisation.
·       To implement a successful corporate planning approach, in a commercial corporate framework, where investment programmes and their implementation are closely linked to the returns to be achieved and the financing structure.
·       Institutional separation of roles, into policy, regulatory and management functions.
·       Clear differentiation between social obligations and performance imperatives.
·       To create a leadership team committed and capable of redefining the status quo; the leadership team needs to be selected from the best, rewarded for success, measured against performance targets and be in place long enough to do the job properly.

All these can be achieved, without disturbing the existing ownership pattern and retaining direct government control, through the national railway policy in the form of a Charter for Indian Railways, recommended by the Railway Capital Restructuring Committee 1994 (Poulose Committee). The Railway Minister’s budget speech described these as path breaking recommendations, but then nothing happened. Such a Charter, laying down the paradigms within which INDIAN RAILWAY should operate is essential to enable the system to function with adequate freedom within prescribed policy prescriptions.
A clear enunciation of the powers and responsibilities of railway managers, and the responsibilities of the State, through such a document will bring about the desired transparency. The biggest advantage of such a policy enunciation is that it will facilitate carrying out of reforms without actually parting with the assets. This should be a document duly approved by the Union Cabinet, and notified in the official gazette after its approval by Parliament. This together with a much-needed capital restructuring, also recommended by the Poulose Committee, would enable the Railways to recoup much of the financial health lost in the last decade.

Down loaded from irastimes.org on 02.10.2005

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