Industrial Sickness

7.71 According to information compiled by

RBI from scheduled commercial banks, as on
March 31, 2001, there were 2,52,947 sick/ weak
units consisting of 2,49,630 units in the SSI
sector and 3,317 units in the non-SSI sector.
Among the 3,317 units, the private sector, public
sector and joint/ co-operative sector accounted
for 2,942 units, 255 units, and 106/14 units,
respectively. The total number of sick SSI units
has decreased from 3,04,235 units to 2,49,630
units but the number of sick/ weak units in the
non-SSI sector has increased from 3,164 to 3,317.
The total bank credit blocked in sick units has
increased from Rs 23,656 crore (as on March 31,
2000) to Rs 25,775 crore (as on March 31, 2001).
The small scale sector has Rs 4,506 crore
(17.5 per cent) blocked in its units while
the non-SSI sector has Rs. 21,270 crore
(82.5 per cent). Bank credit blocked in the
non-SSI sector in private, public and joint/
co-operative units was Rs 17,705 crore, Rs 2,986
crore, and Rs 537 crore / Rs. 42 crore,
respectively.
7.72 Since its inception in May 1987 till the
end of December, 2001, BIFR has received 5,192
references under the Sick Industrial Companies
(Special Provisions) Act, 1985, (SICA). These
references include 262 references from Central
and State Public Sector Undertakings (CPSUs and
SPSUs). Out of the references received,
3,759 were registered under Section 15
of SICA. While 804 references were dismissed
as non-maintainable under the Act,
550 rehabilitation schemes, including
22 by AAIFR (Appellate Authority of
Industrial and Financial Reconstruction)/
Supreme Court, were sanctioned and 953
companies were recommended to be wound up.
296 companies have been declared .No
Longer Sick. and have been discharged from the
purview of SICA, on their net worth turning
positive, after the implementation of the
schemes.
7.73 Among the 262 references for public sector
undertakings 178 (76 CPSUs and 102 SPSUs)
were registered up to December, 2001.
Rehabilitation schemes were sanctioned for 16
CPSUs and 22 SPSUs. It was recommended that
20 CPSUs and 27 SPSUs be wound up. 4 CPSUs
and 7 SPSUs were declared no longer sick. The
gross disposal of cases by BIFR declined from
188 in 1997 to 141 in 1998, however,
subsequently, it rose to 179 in 1999 to 385 in
2000. In the current year, however, the gross
disposal of cases was 293 up to December 31,
2001. The status of cases referred to BIFR as at
the end of December, 2001 is given in the
Table 7.16.
TABLE 7.16
Status of references received by BIFR (Board for Industrial and Financial
Reconstruction)
( As on December 31, 2001)
Total Pvt. Central State Total
(a) (b) (c) (d) (c+d)
1. References received 5,192 4,930 95 167 262
2. Registration declined 1,305 1,226 17 62 79
3. Under scrutiny 129 124 2 3 5
A.4 References registered 3,759 3,581 76 102 178
Disposals
5. Dismissed as 804 771 5 28 33
non-maintainable
6. Rehabilitation Schemes
approved /sanctioned*
(i) by BIFR 528 490 16 22 38
(ii) by AAIFR/SC 22 22 0 0 0
7. Declared .no longer sick. 296 285 4 7 11
out of (6) above.
8. Winding up recommended 953 906 20 27 47
to the concerned H.C.
9. Dropped because Net Worth 40 37 2 1 3
became positive during enquiry.
B. Total (5+6+8+9) 2,347 2,226 43 78 121
Pending
10. Draft schemes circulated 91 76 13 2 15
11. Winding up Notice issued 118 105 6 7 13
12. Under Inquiry 1,049 1,032 9 8 17
13. Schemes Failed and 67 59 5 3 8
Reopened.
14. Pending cases remanded 36 34 0 2 2
by AAIFR
15. Stay ordered by Courts 51 49 0 2 2
C = (A - B) 1,412 1,355 33 24 57
Notes :
*91 Merger cases (87 private sector +3 Central PSUs +1 State PSU )

Industrial sickness :
Industrial sickness According to RBI : A sick unit is one which incurs cash losses for 1
year & which , in the judgment of the bank , is likely to incur losses for the current year
as well as the following year, & which has imbalances in its financial structure, like
worsening debt equity ratio. Magnitude of sickness The total bank credit locked up in
sick units increase form Rs 13134 crore as the end of Mar 1993 to Rs 13748 as on mar
1996.

Remedial measures :

Remedial measures Industry sickness is a social problem as its like a burden on the
society. Industrial sickness policy 1978, The govt. should make suitable arrangements for
monitoring & detecting industrial sickness at an early stage Financial institutes that have
substantial stake in the co. could nominate their employee on the BoD of the co.s with
doubtful management competency. In case if it finds co is indulging in malpractices , it
can restrict its financial assistance. The govt shoud set up a screening committee to make
recommendation relating to sick undertaking on the following lines

Slide 3:

A. in case the govt. finds that a unit can not be handed back to the same management , it
may recommend a take over to the management B. in case the financial institutions or the
state govt recommends that the unit should be taken over or the take over the units is
deemed necessary in national interest, the management should be taken over C. after take
over the management the unit can be sold as a running concern. Alternatively a
reconstructions of the undertaking could be done D. the merger of the unit with the public
sector undertaking could be considered

Reasons for sickness :

Reasons for sickness External Causes Internal causes Power Cuts Irregular supply of
inputs Demand & credit restraints Govt. policy( reduced custom for Chinese electronics)
Wrong location & planning(HMT) Defective plant & machinery Entrepreneurial
incompetence(Lakhotia STG, Aptech) Financial problems Management problem
Inefficient R&D

Sick Industrial Act SICA 1985. :

Sick Industrial Act SICA 1985. According to this Act a company can be reported sick at
2 levels. 1. when the erosion of the net worth is of the order of 50%, the BoD of the sick
units has been directed to bring it to the notice of the shareholders within a period of 60
days from the date of finalization of the duly audited a/c of the co. 2. when the erosion of
the net worth is 100% and more & the unit continues to show cash losses for the next 2
years , the management of the unit is required to report to the newly constituted Board
under the Act, which would then take appropriate action which may involve merging,
rehabilitating, or even winding up after a fresh appraisal through an operating agency

Remedial action by Banks :

Remedial action by Banks Commercial banks grants various concessions to the sick units
like additional working capital, recovery of interest rates are reduced, Setting up a sick
industrial cell in RBI State level inter-institutional committee RBI to ensure better co-
ordination between banks at the central & state level

BIFR (Board of industrial financial &reconstruction) :

BIFR (Board of industrial financial &reconstruction) Industrial companies Act 1985:

provided for the setting up of BIFR which has been empowered to look after the matters
relating to sick industries. BIFR can take the following actions if it finds a company is
sick- Allowing the co time on its own , as per the scheme already initiated by the banks/
institutions to make its net worth positive within a reasonable period Deciding on the
winding up of the co. Recommendation for restructuring