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288 India Infrastructure Report 2002

10 INTEGRATED TRANSPORT

10.1 EXPERIENCES OF VARIOUS FORMS OF COMMERCIAL


PARTNERSHIPS IN INDIAN RAILWAYS1

G. Raghuram

We bring out aspects of governance in the relationship of the Table 10.1.1


Ministry of Railways with various service delivering commercial Stake of the Indian Railways
entities under it. Problems arise when both the ministerial Cases Nature of IR’s Stake
(policy and regulation) and commercial and executive powers
are vested in the same body, namely the Railway Board. The 1. Container Wholly owned autonomous
attempt in these ventures was to bring about commercial Corporation of company
orientation. Success has varied. The key dimensions that we India (CONCOR)
examine are: (i) degree of separation of the regulatory and 2. Palace on Wheels Revenue, cost and investment
policy roles from the commercial activity (ii) extent of private (POW) sharing
3. Railway Sidings Investment sharing
participation (iii) extent of improvement in transparency,
4. Pipavav Railway SPV with equity partnership
contestability and competition, and (iv) appropriateness of Corporation
regulations. We bring out the salient features of each of the Limited (PRCL)
cases and comment on their commercial viability. A concluding 5. Konkan Railway BOT
section discusses key concepts which would be relevant for Corporation (KRC)
such commercial partnerships in the future. The seven cases 6. Own Your Wagon Lease payments and service
and the nature of stake of the Indian Railways (IR) are given Scheme (OYW) guarantees
in Table 10.1.1. The stake of the railways generally decreases 7. Catering Contracts License fee and revenue
from the first case. sharing basis

CONTAINER CORPORATION OF INDIA2 main objective of being a catalyst for promoting container-
ization and to boost India’s international and internal trade
CONCOR was incorporated in March 1988 as a public
and commerce by carrying out a container business and
sector undertaking under the ministry of railways with the
organizing multimodal logistics support. CONCOR is a
successful case of a corporate entity created by the railways.
1 We acknowledge the Railway Board and R.K. Jain (Executive
CONCOR was incorporated with an authorized capital
Director, Perspective Planning) for providing some of the inputs for of Rs 100 crore. The IR subscribed an amount of Rs 64.99
this documentation. Research assistance by Sushma Chaudhary and
Deepa Kheskani is acknowledged.
crore in phases. CONCOR is a profit making company and
2 This section draws from CONCOR (1998); Communication has been granted Mini Ratna status by the Government of
from Railway Board, New Delhi, 2000 (Regarding Financial Issues, India (GOI). All the capital requirements are met by
Management and Privatization/JVs of CONCOR) CONCOR either through its internal resources or from a
Integrated Transport 289

loan sanctioned by International Bank for Reconstruction transparency. Therefore one is not sure about its revealed
and Development (IBRD). performance.
GOI has already disinvested 129 lakh shares in 1994–
5 at an average price of Rs 71.15. By 1995–6 government PALACE ON WHEELS3
had divested 23 per cent in the company. Disinvestment
commission studied various aspects of CONCOR and The Palace on Wheels (POW) is a joint venture between
recommended that disinvestment of GOI holding in the IR and Rajasthan Tourism Development Corporation
CONCOR may be restricted to 100 lakh shares and the (RTDC). It was introduced with the objective of (i) increasing
company may also go in for public issue of 125 lakh shares. inflow of foreign exchange, (ii) improving overall flow of
This would bring down GOI holding to 51 per cent and tourists to India significantly (contributing to India’s image
therefore, the company would continue under the control abroad) and (iii) creating opportunities for employment in
of GOI. In pronouncing that it would not go below 50 per the tourist industry and enhancing the value of RTDC’s
cent, the value realized was much lower than otherwise tourism assets. It was first started as a meter gauge service
possible. In any case there is little reason for CONCOR to in 1982 using the erstwhile royal saloons of the various
be in the public sector. [Editor] Accordingly GOI further princely states of Rajasthan. Over the first five years of
disinvested 9 million shares in November 1998 at a price service the average occupancy went up from 41 per cent to
of Rs 250 per share. Another one million shares of GOI are 58 per cent. The business risk has been shared both by IR
required to be disinvested to retail subscribers. A decision and RTDC.
in this regard is awaited. GOI shareholding is now reduced In the initial days the fare was arrived at on a cost plus
to 63 per cent. Remaining shares of about 37 per cent are basis with 50 per cent occupancy assumption. The service
now held by foreign institutional investors (FIIs), domestic has become popular over the years. The entire train was
financial institutions, mutual funds, banks and individuals. replaced by a newly manufactured meter gauge train set,
In view of the present cash surplus position of the company with both parties contributing in the late eighties. With
it does not contemplate to raise resources through issue of conversion to broad gauge of the various routes in Rajasthan,
fresh equity in near future. the broad gauge POW train was introduced during 1995–
Over the years CONCOR has responded to the 6 as a 50:50 joint venture between IR and RTDC. The rake
environment by setting up its own container terminals, of the POW comprises of 21 coaches. The train over its
obtaining new rolling stock and cutting down transit times eight day journey covers places of tourist and historical
on key routes (Delhi-Mumbai). Substantial portion of interest in Delhi, Jaipur, Chittaurgarh, Udaipur, Sawai
container traffic is transported through IR. Door-to-door Madhavpur and Jaisalmer, Jodhpur, Bharatpur and Agra.
services and transportation of containers from some of the The financial and management arrangements of the POW
CONCOR facilities which are not connected with IR are between IR and RTDC are currently as under:
undertaken by road. Road transportation is completely • IR and RTDC have invested equal shares in the
outsourced to private contractors. Handling of containers capital cost of the rake. The actual cost of the rake as worked
in most of the facilities has also been privatized. Most of out by the Integral Coach Factory (ICF) came to Rs 22.48
the ancillary activities have also been outsourced. crores.
Business arrangements have been made with Madhya • IR is responsible for operation and maintenance of
Pradesh State Warehousing Corporation and the Inland the train and have to provide the entire infrastructure needed
Container Depot (ICD) Malanpur at Gwalior is being run for the operation of the train including security of the rake
with their association. Some more projects for Joint Ventures and safety and security of the train during its run.
(JVs) are under consideration by the company. CONCOR’s • RTDC is responsible for house keeping, catering on-
financial performance has been good. In 1998–9 it made board as well as on the ground, local sightseeing and
a net profit of Rs 140.65 crores. Its sales grew at CAGR entertainment of guests at all the destinations.
of over 30 per cent between 1994–5 to 1998–9 to reach • RTDC is also responsible for the maintenance of
Rs 685 crores. In 1998–9 it carried 8 lakh TEUs (twenty- interiors and furnishing and décor either directly or by
foot equivalent units) of containers, representing a 19 per outsourcing.
cent CAGR between 1994–5 to 1998–9. • The earnings are shared between IR and RTDC.
While CONCOR is moving in the right direction of While the railway board has decided to share the earnings
creating the necessary infrastructure and service concepts, in the ratio of 67:33 between IR and RTDC, the management
the pricing for the usage of IR track capacity—a key input
cost for CONCOR—is currently an internal administrative 3 Bhatt Sanjeev (1990), ‘Palace on Wheels’, unpublished case
matter and not subject to tests of competition or even study of IIM(A).
290 India Infrastructure Report 2002

of RTDC insists that the earnings of the venture should be Electrification of Sidings
shared at 50:50 since they have made equal investment in
IR is going ahead with railway electrification as a cost saving
the capital. strategy. The IR is putting conditions on the owners of the
This tourist circuit is popular and is commercially viable. sidings for sharing the cost of electrification. Traction remains
While the revenues are clear enough, the costs are not. This the choice of the carrier and not that of the customer. The
venture has so far been managed as an arrangement between user offers traffic from one place to another and the carrier
IR and RTDC with each bearing its own costs. As is obvious, in a market driven economy carries it. The IR therefore
both parties presumably depending on internal cost cannot impose the conditions of sharing the cost of a
assessments, are seeking an appropriate revenue share. It is particular mode of traction on the user.
time to make this a joint venture with an appropriate
understanding of investments, and cost and revenue
Time and Motion Study
transparency. The joint venture could pay the IR and RTDC
for services rendered. The net profits could then be shared There are IR rules providing for time and motion studies
as dividends or used for further investments in the same or to be done for all the sidings to calculate reasonable loading/
even other circuits depending on the joint venture’s business unloading times and consequent demurrage charges. These
plans. studies always exclude the times on IR account like that for
cleaning of the wagons, riveting etc. A specific example is
that of Gujarat Ambuja Cements’ siding at Kodinar
RAILWAY SIDINGS
commissioned in December 1986. The time and motion
In the early years of railway development in India and until study was done in 1988. This resulted in benefits to Gujarat
the seventies, IR took it upon themselves to construct railway Ambuja Cement. It was however implemented only in 1994,
sidings to various factories on the assumption that this i.e. after eight years of opening of the siding. The IR did
would bring in rail traffic. There were norms of what traffic not extend the benefits retrospectively. The Ropar siding of
levels would justify a siding. The entire costs were then Gujarat Ambuja Cement was commissioned in 1995 and
borne by IR except the rail related assets within the factory the time and motion study was done in 1997. Again
premises. This was paid for by the factory owners, more to implementation was not done retrospectively. The IR has
retain ownership of such assets than in anyway to control however reserved the right to open all money matters retros-
the operations. pectively.
The policy towards sidings began changing soon after.
IR was in a sellers market and did not see the need to bear Wagon Load vs. Train Load Rates
much of the costs of sidings. Today all siding costs, including Coal normally moves to the siding in train load rates.
investments are expected to be borne by the customer. The However when a wagon gets disconnected (due to IR’s
IR does make exceptions in sidings with high traffic potential. operations) and is placed into the siding the higher wagon
The issue gets a little more complicated when the adjoining load rate is charged to the users.
main line is electrified or converted. IR has been issuing a
variety of notifications to deal with such situations and Enhanced Carrying Capacity Rate
arrive at cost sharing terms. Lack of mutuality of interest,
and asymmetric benefits are not uncommon in these siding Certain varieties of coal cannot be loaded upto the enhanced
arrangements. capacity of the wagon. It is open to the IR to conduct a
joint trial alongwith the industry (Coal India) in a transparent
Gauge Conversion of Sidings manner and demonstrate how the enhanced carrying capacity
can be achieved. Once they have done it they can charge
The policy circular for gauge conversion of sidings has become the freight on enhanced carrying capacity. However there
more complicated and involved over the years. A 1994 circular are collieries where the IR officers, Coal India and the
had four conditions in one page while the revised 1997 consumers feel that loading cannot be done upto the defined
circular had 16 conditions in four pages. More importantly carrying capacity but the IR continues to charge freight at
the 1997 circular introduced the concept of guaranteed the enhanced capacity.
traffic to be supplied by the industry over and above the
maximum traffic of the past eight years to qualify for IR
Penal Charges Due to Overloading
spending on the siding conversion. However, belying the
expectations of industry there was no concomitant agreement Section 73 did not exist in the 1890 IR Act. It was
that the IR would adhere to a known freight rate formula. incorporated in the 1989 Act and is reproduced below:
Integrated Transport 291

Where a person loads goods in a wagon beyond its permissible PIPAVAV RAILWAY CORPORATION LIMITED5
carrying capacity as exhibited under sub-section (2) or sub-
section (3), or notified under sub-section (4), of section 72, Pipavav Railway Corporation Limited (PRCL) is a joint
a railway administration may, in addition to the freight and venture between Gujarat Pipavav Port Ltd (GPPL) and IR.
other charges, recover from the consignor, the consignee or the GPPL is a joint venture port between the Gujarat Maritime
endorsee, as the case may be, charges by way of penalty at such Board (GMB) and private operators including Sea King Ltd
rates, as may be prescribed, before the delivery of the goods. and Port of Singapore Authority. In the current phase it has
Provided that it shall be lawful for the railway administration
a capacity of 12.06 million tonnes at Pipavav much of
to unload the goods loaded beyond the capacity of the wagons,
if detected at the forwarding station or at any place before the which is presently operational. In January 2000 a pioneering
destination station and to recover the cost of such unloading joint venture memorandum had been signed between GPPL
and any charge for the detention of any wagon on this account. and the IR. GPPL and IR were to form an SPV to execute
the infrastructure project to provide rail connectivity to the
This Act now states that if coal is loaded beyond the port. An operating segment of IR was for the first time to
permissible capacity punitive charges can be recovered from be handed over to an SPV for upgradation and operation.
the consignee or the endorsee. In other words, even if Coal The project involved establishing a 295 km broad gauge
India violates the carrying capacity the punitive charges can link to the port by a 281 km gauge conversion project and
be recovered from the cement siding owner. The 1962 a 14 km laying of a new line. It is estimated to cost Rs 270
Goods Tariff did not levy any penal charges if overloading crores, and funded with a debt equity ratio of 1:2. The IR,
was detected at the destination. The 1965 Tariff had the and GPPL and its associates would have 50 per cent equity
same provision. The Act permits the unloading of the excess each. Recent investments made by IR towards upgradation
quantity if detected, at the forwarding station or any place of this route would form its equity contribution. The ownership
before the destination station. Even when the excess is of assets so created would remain with the SPV. The project
detected at the forwarding station (as per railway receipt), is expected to be completed within 18 months. The
the IR do not make any effort to take out the excess quantity CONCOR, Maersk and the Central Warehousing Corporation
since operationally they find it difficult. The IR therefore Ltd (CWCL) would be associates to GPPL in the new SPV.
carry this excess coal until the destination and then reserve
The demand risk and the project construction risk were
the right to penalize the siding owner.
to be borne by the SPV. Traffic guarantee as already offered
Customer orientation in the business of sidings is not
by the GPPL (1mt in the first year, 2 mt in second year
part of the management ethos of the IR. Customers4 are
and 3 mt from the third year onwards) would now be given
subject to delays in wagon allocation, allotment of open
to the SPV. Revenues would be collected by IR as per IR
wagons in place of covered wagons which they may require,
determined rates. IR would first take a certain percentage
no guarantee of time in the movement of goods, and poor
of revenues as a charge for operating and maintaining the
record keeping. As quoted by an ex railway officer turned
line including the hire charges for wagons, locomotives and
senior executive of an industry association, ‘This (lack of
coaches. The remaining would be apportioned to SPV as
customer orientation) permeates the whole process of
per agreed terms and would form the revenues of the SPV.
definition of rules, procedures, interpretation and policies
A lease rental is payable to the IR for the use of the existing
of IR. Customer centered policies on the part of IR would
assets to be valued at historical cost. Other costs would be
be imperative if more freight traffic has to be attracted.
interest, marketing, administration, and depreciation. Indian
Sidings should be viewed as a proactive measure to invest
Railways would have the option of running passenger and
in and make the customers captive to IR.
freight trains other than to the port. This would be done
Apart from the marketing angle investment in sidings is
in consultation with the SPV and apportioned earnings
also an important issue for wagon utilization. As per the IR
would accrue to the SPV. IR would also be free to provide
Year Book 1998–9, out of a wagon turn-round of 8.2 days,
rail connections with the project line. The SPV would be
only 28 hours was the revenue earning run over an average
lead of 669 km. Most of the wagon turn-round time is spent managed by a board with equal representation from IR and
in terminals due to inadequate infrastructure or lack of co- GPPL. The chairman would be from IR while the chief
ordination. It may be best to think of Special Purpose executive would be from GPPL. The detailed terms of the
Vehciles (SPVs) in which IR and the concerned factory/ agreement have yet to be worked out, the tenure of the SPV
factories have an equity share in owning and operating the has not been clarified and similarly the obligations of IR
siding. This would bring in stakeholding in making the to ensure operational and maintenance effectiveness may
sidings commercially viable. need to be spelt out rather than being taken for granted.
5 Raghuram G. (2000), ‘Regulation and Privatization: A Comparative
4According to communication received from Gujarat Ambuja Case Study of Gujrat Maritime Board and Jawaharlal Nehru Port Trust’,
Cements Ltd, New Delhi, 1999. unpublished case study of IIM(A).
292 India Infrastructure Report 2002

The Economic Times dated 31 August 2000 reported Rs 1.3 lakhs per passenger train. KRC also needed to make
that the project cost is Rs 294 crores. The traffic projections surplus to pay back the debt burden of Rs 2,575 crores.
were 2.5 mt by 2002-03 and 10 mt by 2008-09. The return At the end of nine months of operation only 94 rakes
on investment was expected to be 15 per cent. The concession had moved over the KRC segment! Earlier projections of
would be for 33 years on a build, own, operate, and transfer business growth had not materialized. Out of the 94 rakes,
(BOOT) basis. The SPV would be entitled to rights and 61 either originated or terminated in the KRC segment,
obligations under the Railways Act. While IR would be while 33 passed through. Even out of this 33 rakes, 30
entitled to run passenger services in the project area as they either terminated or originated at stations immediately
exist today additional services would require the consent of adjacent to KRC. Thus KRC did not really serve the purpose
PRCL. of a through railway bridging the Konkan gap and offering
A positive aspect of the JV is that the partner is a key shorter routes. It was servicing new traffic from and to the
stakeholder driven by interests to make the port viable. But KRC segment. One of the major reasons for this was the
there could be a problem. It is not clear that the terms of inflated (transfer) price on the KRC segment making it
the JV are such as to result in gains nearly equally to both unviable for north south traffic on the IR to be rerouted
partners. Much of the benefits must be accruing to IR. via KRC.
Costs too are not clear and each partner cannot check the KRC’s financial position has deteriorated. Budgetary
others costs. It is very important from the perspective of support from the IR, and some further debt were necessary
other such ventures that this pioneering model does not fail for survival. In response to the situation, KRC has been
on account of lack of mutuality. trying to increase its revenues through a marketing approach.
They have proactively solicited freight traffic from Rajasthan
and Gujarat towards the south and from Kerala towards the
KONKAN RAILWAY CORPORATION6 north. They have advertised and distributed promotional
material on the benefits of using KRC and offered discounts
Konkan Railway Corporation Limited (KRC) was set up as
on the KRC segment of travel.
a Public Sector Company under the Ministry of Railways
Pushed to the corner they attempted service innovations
in July 1990 to bridge the 738 km Konkan Gap by providing
like a Ro-Ro service and are proposing other schemes for
railway connection between Roha (150 kms south of
revenue generation like leasing their station area for budget
Mumbai) and Thokur (about 22 kms north of Mangalore).
hotels (‘Railotel’), catering, parcel traffic in break vans etc.
KRC was structured as a build-operate-transfer (BOT)
They also have leveraged their transport project management
project, with a concession period of 10 years from start of
and tunneling expertise to bid and construct similar projects
operations. KRC completed the project at a cost of Rs 3,375
like tunnel segments of the Mumbai-Pune Expressway. They
crores (Rs 2,425 crores of investment and Rs 950 crores as
also have business plans in the area of urban transportation.
capitalized interest) and commenced operations since 26
January 1998. Out of Rs 3,375 crores, Rs 800 crores was
equity capital. RO-RO SERVICES ON KONKAN RAILWAY
The operating and maintenance expenses were in excess
of Rs one crore per day. Given that KRC was expecting daily Ro-Ro services were started on 26 January 1999 for carrying
earnings of Rs 25 lakhs by way of passenger traffic (seven trucks on train on the KR section between Kolad (150 km
pairs of trains on the segment), it needed about 10 loaded south of Mumbai) and Verna (Goa), a distance of 420 km.
freight trains to ply over the entire KRC segment daily (at (The total KRC segment is 738 kms). The Ro-Ro service
an average contribution of Rs 7.5 lakhs per train in 1998) was expected to be financially viable, if reliable and regular
to break even. (Each freight train going over the entire KRC services were offered. The customers saw this service as
segment could bring in a revenue of Rs 9 to 10 lakhs at having a definite advantage over road driving, saving fuel
the average freight rate of the IR inflated by 50 per cent and wear and tear of trucks. Trucks would be moved on
in the case of KRC as per Railway Board’s pricing.) The railway flat cars over the distance of 420 km to save much
average cost payable to IR for wagon and loco hire, fuel and time and expense for the truckers. The actual performance
crew was Rs 1.4 to Rs 2.7 lakhs for a train going over the of the Ro-Ro Services (based on flat cars hired from IR
entire segment. This would depend on the number of wagons rather than the originally intended own flat cars) is given
and locos hired for the train. The contribution figures in in Table 10.1.2.
2000 was expected to be Rs 9 lakhs per freight train and The KRC experience has not been as was envisaged. The
KRC successfully carried out the asset creation without the
6
Banerjee, Bibek, G. Raghuram and Narayan Rangaraj, (2000), vast delays and cost overruns usual in railway projects. They
Communication from Konkan Railway, Mumbai, (2000). had autonomy at this stage and funding for a separate entity
Integrated Transport 293

Table 10.1.2
Performance of Ro-Ro Services
(in Rs lakhs) Total expenditure Total earning Net surplus

26/01/99 to 31/03/99 49.53 49.82 0.29


01/04/99 to 30/09/99 112.26 107.01 (5.25)
01/10/99 to 29/02/00 132.98 153.07 20.10
01/03/00 to 31/05/00 98.63 117.63 19.00
Total 393.39 427.53 34.14
Source: Konkan Railway Corporation, internal documents, Mumbai, various years.

was easier. Strangely they do not have the authority to set the IR. In the former case the wagon buyer has to pay a
their own prices and do not have access to the major industrial design loan and an inspection charge of one and a half per
market of Mumbai! Their operating interface with the IR cent and in the latter case the buyer has to pay a service
was crucial given the network nature of railway operations. charge of three per cent of the price. The utilization of the
Since IR would not shift business to the KRC (KRC being wagons which could either be under a general pool or a
an independent entity) it faced large revenue risks which closed circuit would be mutually decided. The benefits to
actually materialized. That Ro-Ro could work is indicative the owners under three possible arrangements are:
of the very high (beyond the point of revenue maximization)
pricing of freight traffic by the IR and the KRC. It suffered Pure Lease
because IR effectively denied its own child access to its As a pure lease the wagon is used by the IR as a general
network! wagon and it pays lease charges at the rate of 16 per cent
The inflated rates on the KRC segment which were per annum on quarterly basis for a period of ten years
supposed to help bring in more revenues have become a followed by a rate of one per cent for the next ten years.
liability in that the traffic is not being re-routed via KRC. This lease charge will be calculated on the current price of
Of course it is also interesting that the re-routing is partly similar wagons owned by the IR. After the expiry of another
being denied due to a competitive outlook from the ten years the lease is continued on mutually agreed terms.
neighbouring railway zones who wish to keep the revenue The owner however also has freedom to dispose off the
to themselves. In the end the parent, namely IR itself would wagon. Maintenance is done by IR at its own cost.
have to come to the rescue of KRC. The BOT framework
of KRC allowed the IR to make an investment to the tune Lease Cum Guaranteed Clearance with General Service
of Rs 3,375 crores with just an equity investment of Rs 400 Wagons
crores from the IR. This may be seen as an advantage but
contingent liabilities could have gone up. Mispricing and Under this arrangement IR in addition to paying the lease
the killing of KRC would most certainly have made the as specified before assures the leasor to clear a minimum
market twice shy about such projects. volume of traffic during a specific period. The movement
Under very trying circumstances KRC’s Ro-Ro services of traffic would however be subject to rules—legal and
is an innovation despite the fact that one such proposal administrative provisions like the Railway Act, preferential
between Ahmedabad and Mumbai had been discussed ever traffic schedule, central or state government restrictions/
since the mid-eighties. Here too had KRC got the right kind bans on movement of goods etc. There would be no further
of wagons its profits from the RO-RO service could have freight concessions. Maintenance of the wagons would be
been much more. done by IR at its own cost.

Guaranteed Clearance
OWN YOUR WAGON SCHEME7
In this category lease charges are not to be paid to the
The Own Your Wagon (OYW) scheme was started in the wagons moving in dedicated routes. However IR would give
early nineties to attract private investment for building up a concession in the freight rates depending on the movement
modern wagon stock. Under the scheme the wagons could patterns of the wagons. The freight concession would vary
either be procured directly from a wagon builder or from with changes in budget provisions. Maintenance would be
7 Raghuram, G. and M. Ravi Babu, (1999), ‘Alternate Means done by the IR and the rates would be charged to owners
of Financing Railways,’ in G. Raghuram et al (eds), Infrastructure at rates which are mutually agreed upon.
Development and Financing: Towards a Public–Private Partnership, In spite of the changes in the modalities of the scheme
Macmillan Ltd., Delhi. it has not picked up as expected.
294 India Infrastructure Report 2002

The scheme has many one sided contract clauses, like the manufacturing companies it has been proposed that IR should
termination of guarantees in case of damage of wagons in provide food marts or food plazas at 25 nominated stations
accidents by paying the book value (which due to depreciation through private participation. A beginning has been made
provisions of Income Tax law would be much lower than by Western Railway (WR) in this regard where two fast food
the market value of the asset). Similarly in case there are outlets are being operated at Ahmedabad by a reputed brand
any change of rules which are unacceptable to the owner company. WR is getting Rs 3.11 lakhs as licence fee from
the wagons would revert to IR at the book value. While these two units per month which is more than the total
availability of wagons to participants could increase due to licence fee collected all over Vadodara division. These outlets
supply guarantees, the non-participants could also benefit have to pay a minimum amount specified, or a percentage
due to increased overall supply of wagons. Another significant on sales turnover whichever is higher. In this way IR has been
issue is the IR’s own ability in delivering service level sharing revenue with the catering licencee. Besides, there has
guarantees. With a pooled wagon system priority to been much improvement in the quality, and the level of
customers leasing to IR would be difficult to realize. For hygiene. Exclusive supply from reputed food manufacturers
customers to whom wagons can be dedicated, like in iron is being considered on certain high speed trains.
ore circuits, coal merry go round etc. the problem may not Railways’ monitoring of the revenue of caterers may not
be there. be effective. Gross under reporting is possible. Since food
is a key complementary to travel, IR would necessarily have
CATERING CONTRACTS8 to bear responsibility for quality. The experience in
Ahmedabad would suggest that there is con-siderable scope
As a part of its passenger business IR provides catering/ for improvement largely through flexibility on price and
vending services at stations and on selected long and medium variety.
distance mail/express trains. Catering facilities are available
at more than 3200 stations and in 170 pairs of trains. CONCLUSION
Catering services at 68 stations and in 48 pairs of mail/
express trains are managed through departmental staff Based on the case studies we identify eight dimensions for
whereas at more than 3100 stations and 120 pairs of mail/ good commercial partnerships. We describe these briefly.
express trains, catering services are being managed by private • Through OYW and POW type arrangements the
operators. IR recovers a percentage of sales turnover towards railways are able to leaverage more investments out of their
licence fee in addition to rent on building/space, electricity/ contribution. There is an optimal level of equity since
water charges etc. from the licencees. So far 3–5 per cent otherwise smaller stakes by IR would not be credible.
of sales turnover in case of static units and 5–8 per cent of • A clarity of goals in the commercial partnership to
sales turnover in case of mobile units was being charged as evolve clear strategies is a must. CONCOR and POW are
licence fees. IR has now decided to increase the license fee good examples of this. Both organizations have developed
in all cases of catering/vending units to 15 per cent of sales the market and created a valuable niche for themselves. The
turnover in case of Rajdhani/Shatabdi express trains and to development of Railway Sidings and the OYW scheme has
12 per cent of sales turnover in case of other mail/express suffered due to lack of goal clarity and a consequent inability
trains and static units. The revised licence fee has come into to adhere to service levels. In the case of KRC the goals were
effect from 1 July 1999. In the year 1998–9 IR has realized sharply defined only in the project management stage. KRC
approximately Rs 8.80 crores as licence fee from the licensee is not in a position to access potential revenue generating
operated catering/ vending units on IR. Today licencees are markets since this runs into conflict with railways.
managing the catering/vending units under a renewable
five-year agreement. However there has been no proper
arrangement of assessment of sales. As such there has been roughly only 0.6 million servings annually right across the IR’s
significant under-reporting of sales adversely affecting the contracted outlets at Rs 10 for an average serving. This is most
certainly a gross underestimate of the total servings made by the
inflow of revenue to the IR. Keeping this in mind the
contractors. So rather than raising the rate which would apply on
Ministry of Railways has decided to enhance the licence fee a base (sales) which in principle the Railways cannot know, it would
across the board with effect from 1 July 19999. have to worry about other mechanisms of realizing revenue from
Thus far both prices and the revenue are strictly regulated! contractors. One cannot rule out the possibility of massive agency
In order to provide branded products from reputed failure (and even fraud) in the contracts of railways with caterers
which is on the basis of percentage of sales turnover. Thus the typical
8 Communication from Railway Board, (2000) regarding the
long distance second class traveller’s expense on food is at least third
extent of activity and financial issues. of his ticket fare. Even if only a fraction of the same is spent on
9 The Rs 8 crores of licence fees at an average of 5 per cent of
official caterers, Rs 160 crores is too small an amount as the sales
turnover would mean a total annual sales of Rs 160 crores, i.e. of turnover of Railway caterers [Editor].
Integrated Transport 295

• IR’s own traffic routing policies would be a major just administrative arrangements, lacking any form of
determinant of revenue. In the BOLT and OYW schemes, ownership which would have been possible, say through an
revenue to the partner is guaranteed through a lease rental. SPV. Often these administrative arrangements are implicitly
In terms of revenue sharing the POW administrative one sided and biased in favour of IR. KRC though an SPV,
arrangement is being questioned. In the case of Railway is not well structured since the scope of operations are not
Sidings, PRCL and KRC the principle of distance based consistent with the market risk.
sharing seems acceptable. PRCL and some Railway Sidings • In the OYW scheme the partners are not happy with
also offer a traffic guarantee to IR. In catering contracts the structuring or the service levels. The IR too may be a
there is an attempt to move from licence fees to a revenue loser financially in this scheme due to the high lease payments.
sharing arrangement at least for large contracts. • All the commercial partnerships have transaction costs.
• Commercial partnerships must have decision making Monitoring adds to (transaction) costs. The charges payable
autonomy (independent of interference from IR) to pursue by CONCOR to IR for carriage of containers, liabilities
their own goals and implement strategies effectively. dues to delays and safety violations need proper definition.
CONCOR and to a certain extent KRC, would be good The same would apply in all the other situations with
examples of this. They have been able to develop a variety varying degrees of complexity. In the case of PRCL, defining
of customer oriented initiatives. The POW and Railway and monitoring traffic rights, route interconnections, traffic
Sidings are not structured for such autonomy though they guarantees, operations and maintenance charges and service
could do a lot better if provided the autonomy. For example levels, etc. would be complex. If such a project were
the expertise developed in running POW has not been undertaken within the ambit of IR there would not have
internalized in a way that transfer of the same to other been the need to define these transactions. Are the benefits
potential tourist train circuits is easy. Railway Sidings have therefore in excess of the transaction costs?
more often than not been an area of conflict between IR • The charges paid by CONCOR and KRC (and possibly
and the partner. Special efforts to distance organizations PRCL in the future) to IR are neither transparent nor
such as CONCOR and KRC in their operations from the contestable. Had they been so other stakeholders and other
IR may be necessary. possible players could have had the opportunity to contest
• POW has done reasonably well and the PRCL is also and offer better charges. In the context of revenue sharing
likely to do so since the partners (RTDC and GPPL on the POW and service levels on the Railway Sidings and
respectively) have apparently strong stakes in the success of OYW, even though there is transparency, there is no
these partnerships. In the context of Railway Sidings and contestability. The catering contracts were contestable partly
the OYW schemes while the partners have strong stakes the because a competitive tendering process was adhered to.
structuring and decision making scope have not permitted • The Table 10.1.3 below summarizes the attributes of
the partners’ interests to fully mature. the efforts at unbundling commercialization by the Railways.
• CONCOR and the Catering Contracts can be viewed The dimensions considered are equity leverage, goal or
as well structured projects in which there is a consistency objective clarity, market or revenue risk, decision making
between the goals, decision making autonomy, scope of autonomy granted to the new entity, stakeholders’ interest,
operations and financing. The POW, Railway Sidings and project structuring quality, extent of transaction costs and
OYW schemes have not been well structured since they are transparency/contestability.
Table 10.1.3
Attributes of Commercialization by the Railways
Railways’ Goal Revenue/ Decision Partner/ Project Transaction Transparency/
Equity Clarity for Market Risk Making Stakeholders’ Structuring Costs Contestability
Leverage the Activity Borne by Autonomy of Interest Quality
the Activity the Entity

CONCOR Low High High High Low High High Low


POW Low High High Low High Low * Medium
Sidings Low– Low High– Low High Low * Medium
Medium Medium
PRCL Medium * Medium * High Medium High Low
KRC High Medium Medium High Low Low * Low
OYW High Low Low * High Low * Medium
Catering High * Low * High High * High
* information available is not sufficient to comment upon.
Source: Author’s analysis.
296 India Infrastructure Report 2002

10.2 CIVIL AVIATION IN INDIA: DEREGULATION AND CONSTRAINTS


TO GROWTH AND EFFICIENCY10

Subir Gokarn

India reverted back towards an open sky policy11 in the headquarters and other cities and towns in the region. Non-
nineties conforming to the worldwide trends in the aviation scheduled services were to cover specialized traffic like
sector. The main reasons for deregulating the civil aviation business tours, executive flights and special flights to
sector in India were the following: destinations without scheduled flights. Air cargo services
• Decline in performance as well as profitability of were either on a scheduled or a non-scheduled basis but
both Air India and Indian Airlines due largely to could not carry passengers. However these destinations are
organizational and managerial inadequacies. within the country. Operations outside the country of
• Increased passenger demand from 1990 onwards whatever kind required the special permission of the Director
necessitated additional capacity creation in the domestic General Civil Aviation (DGCA).
market which Indian Airlines could not manage. The second important categorization is of air route
• Opening the civil aviation sector was in keeping with dispersal. This was done in order to account for the need
policy of economic liberalization more generally. of air transport services in different regions of the country.
Consequently the major reform measures initiated in Accordingly, a three-way categorization was made. Category
the domestic market are as follows: I consists of to and fro routes from:
• Private firms were allowed to operate scheduled and • Mumbai to Bangalore, Calcutta, Delhi, Hyderabad,
non-scheduled services thus removing entry and exit barriers. Chennai and Trivandrum;
• The aircraft type and size was decided by the operator • Calcutta to Chennai and Bangalore;
and not by the government as was previously the case. • Delhi to Bangalore, Hyderabad and Chennai.
• Foreign equity up to 40 per cent and Non-Resident
Category II routes connect stations in the north eastern
Indian (NRI) investment up to 100 per cent was permissible
region, Jammu and Kashmir, Andaman and Nicobar Islands,
in the domestic air transport services.
and Lakswadeep. Category III consists of routes other than
• ‘Open sky’ for cargo operators on a permanent basis
those on category I and II. The guidelines further mandated
was instituted.
that all scheduled operators are required to deploy on category
• Fares were deregulated and left to the market.
II routes at least 10 per cent of their capacity deployed in
However equity from foreign airlines was not allowed category I routes. Of this, 1 per cent capacity was to be
directly or indirectly in the domestic air transport services. deployed exclusively on category II stations. Moreover, 50
Private operators were also not allowed on international per cent of the capacity provided on category I routes were
routes. This restriction was placed despite there being no to be deployed on category II routes. These two categorizations
Indian carriers plying to certain countries like Spain and are important as they have been at the root of the many
Australia. problems faced by the Indian civil aviation sector.
The new air transport policy also laid down categorizations
of air services and routes. For the systematic development
of air transport services, four categories of operator services IMPACT OF PARTIAL LIBERALIZATION
were defined––Scheduled Airlines, Regional Airlines, Non-
Since the repeal of the Air Corporations Act and the entry
scheduled (Air Taxi) Charter Services and Air Cargo Services
of private operators, seven private airlines were assigned
for transportation of cargo and mail. Scheduled airlines
‘scheduled’ status and were allowed to operate on all domestic
were to operate on routes according to a published timetable
routes alongside Indian Airlines. Apart from these there
each flight being open to use by members of the general
were 27 non-scheduled operators12. However there are no
public. Regional airlines were to operate between state
private operators on international routes.
10 Initially there was a lot of euphoria and optimism that
This is based on Chapters 3 and 4 of the NCAER study on
civil aviation by Subir Gokarn. accompanied the entry of private operators in the Indian
11 [The ‘open sky’ policies even elsewhere does not imply that
the markets are entirely competitive. Landing rights auctions are 12 As on 1 April 1998 the number of scheduled operators stood
constrained by the notion of bilaterals, which is a major factor at seven and the number of non-scheduled operators stood at twenty
restricting competition from third country carriers] seven.
Integrated Transport 297

domestic market. But the bulk of the private operators Existing Bottlenecks
could not sustain their operations for long and soon turned
Many problems that are generated and perpetuated in the
into sick units. There are several factors that contributed
civil aviation sector in general stem from a lack of foresight
towards this. The operators had to adhere to the route
categorization laid down by the government, or in other on the part of the government.
words had to ply in certain economically unviable routes. • The DGCA is vested with a lot of power which needs
But these airlines operated long-haul jets on the trunk to be delegated. Approval of aircraft procured and types that
routes and due to lack of smaller aircraft had to operate could be used need to be more flexibly defined. Again
category II/III routes with bigger aircraft incurring kuccha or semi-prepared airstrips ought not to be completely
unnecessarily high costs thereof. Many of the private banned. Similarly single turbine aircraft if allowed could
operators lacking the scale could not afford to maintain have aided the growth of air taxi operators in the country.
separate aircraft for flights on category II/III routes. • Wet Lease is not allowed in India. Again, hiring of
Not all the operators who entered were professionally foreign professionals require certain clearances and the
managed. Many could not adhere to regular timetable. procedures take a couple of months, whereas they are usually
Some were even involved in disputes relating to lease required when there is an emergency.
agreements, payment of dues, lack of schedule integrity, • Scheduled operators do not have route flexibility. As
frequent shifting of routes and operations, etc. Most of the a result no specialization among operators could emerge.
airlines turned sick. Thus despite liberalization and This is perhaps the most important limitation in the policy.
deregulation of the civil aviation sector the domestic air • There is no system of valuation and sharing of burden
transport sector has not grown on expected lines. The private in routes that are uneconomic. There should have been
airlines which had to close down, blamed their sickness on some way by which the region benefiting from the forced
the following main reasons.13 operation of in economic routes compensating the airline.
• Lack of transparent and consistent government policy Alternatively route permits could have been made tradable
• Route dispersal guidelines – especially the insistence which could have ensured that the lowest cost airline(s)
on operation on uneconomic routes operate the routes most suitable to it.
• High cost of aviation turbine fuel • Underutilized and unutilized loading slots in other
• High inland air travel tax and income tax on leasing countries could have been given to private airlines.
of aircraft • Many smaller airports suffer from the watch hour
• High rates of airport charges problems (i.e., the airport staff operate only till 6 p.m. in
• Lack of adequate airport facilities and limited watch the evening). This constitutes a major problem in the
hour problem at minor airports and development of fractional ownership of aircraft.14
• Uneconomic fares • There is need for a more transparent system to allocate
The experience of the air taxi operators have not been landing (time) slots, parking space, air terminal space and
particularly different. The operators who started operations ticket counters at airports.
in the wake of the open sky policy adopted a regional or
feeder approach. Yet, none of them have been consistently
AIRPORTS
profitable and they have had their share of problems and
difficulties in operating in an uncertain and difficult In India, the airports are owned by a government
environment. They have suffered due to certain policies of department—the Civil Aviation Ministry of the Government
the DGCA too. For example the DGCA does not allow the of India, and thus are under national public ownership. The
use of semi-prepared airstrips. The cost for the concrete Airport Authority of India, a body directly under the Ministry
airstrip rises by eight to ten times. Such high cost is not of Civil Aviation manages the airports. The Airport Authority
always justified where operations of air taxis might be needed. of India came into existence on 1 April 1995. It was formed
When there is a temporary need semi-prepared airstrips can by merging the International Airport Authority of India and
well be used. Again, single turbine aircraft were not allowed the National Airports Authority in order to bring about an
in India, while the cost effectiveness between a single turbine integrated development, expansion and modernization of
aircraft and a twin turbine aircraft can be substantial. the operational, terminal and cargo facilities at the airports
Moreover there is very high customs duty on aviation gas in the country conforming to international standards. It is
fuel which is used primarily by the air taxi operators.
also responsible for managing the entire Indian airspace and
13 GOI (1988), ‘Report of the Committee to Review the Reasons
14Where there is a huge future potential and is the practised
for Sickness of Private Domestic Airlines’, Ministry of Civil Aviation,
Government of India, New Delhi. norm in Europe.
298 India Infrastructure Report 2002

provides air traffic services over the entire Indian airspace on airport infrastructure also recognizes the low landside
and adjoining oceanic areas. revenue generation in the Indian airports16 and proposes to
At present there are 449 airports/airfields in the country improve the same.
but the Airport Authority of India manages five international The policy on airport infrastructure lays a lot of stress
airports, 87 domestic airports and 28 civil enclaves, a total on the need for financing of airport infrastructure by the
of 120 in the country. However most of the airports are private sector. For this the report proposes that ‘foreign
almost non-functional. Of the total traffic in 1996–7, more equity participation in such ventures may be permitted upto
than fifty per cent was handled at the airports in Mumbai 74 per cent with automatic approvals and upto 100 per cent
and Delhi. All the airlines together operate only through with special permission. Such participation could also be by
61 airports. Thus there is an uneven distribution in the flow foreign airport authorities’.
of traffic resulting in lack of infrastructure at certain places In order to facilitate private sector participation the policy
and at the same time a massive under utilization of the on airport infrastructure proposes to establish an Airport
existing network of airport infrastructure. Other problems Restructuring Committee in the Ministry of Civil Aviation.
have been overstating, limited commercial orientation and The committee is to identify existing airports where private
inadequate maintenance. Most airports depend upon sector participation in the development and upgradation of
government subsidies. infrastructure is desired. The committee would also prepare
a shelf of projects in respect of greenfield airports and the
The Policy on Airport Infrastructure pre-feasibility reports are to be made available to the private
sector. The policy also prepared an independent statutory
The Ministry of Civil Aviation brought out a Policy on body called the Airport Approval Commission having
Airport Infrastructure in December 1997. The policy adequate technical and financial expertise to examine the
acknowledged that airports do assume a significant role in proposals for private sector participation and submit its
the national economy and the quality of airport infrastructure recommendations for the central government to decide.
contributes directly to a country’s international compe- The decision of the government was to be irreversible. Fiscal
titiveness and the flow of foreign investment. The document incentives for airport development were prepared in the
also mentioned that the government was developing a policy. It also lays down the roles of the central and the state
separate policy framework for the entire civil aviation sector governments. Finally the policy paper also proposes to
and so the present document on airport infrastructure should establish a fair and independent appellate authority, called
be read along with the national policy on civil aviation. the Airport Regulatory Board as a grievance redressal
Nevertheless the policy on airport infrastructure is very mechanism, which would help in speedy and effective
sketchy and simplistic in its approach. resolution of disputes among the various stakeholders.
The policy proposes to reclassify airports into international
hubs, regional hubs, and other operational airports.15 For Existing Bottlenecks
this purpose and in keeping with ICAO standards and
The policy on airport infrastructure had identified the
recommended practices, airport infrastructure is proposed
problem areas in the existing system as being:
to be modernized and upgraded. Greenfield airports and air
traffic services according to ICAO (International Civil • The need to declare some additional airports as
Aviation Organisation) standards and recommended practices international airports
are also planned. For this CNS/ATM (communication, • The need for capacity addition in some of the airports
navigation, surveillance/air traffic management) systems are to overcome congestion
to be introduced on a priority basis. Ground handling, • The need for improvements and upgradations in some
cargo handling and airport security are also to be according of the airports and
to ICAO standards and recommended practices. The policy • Overcoming the deficiencies in respect of ground
handling facilities, night landing systems, cargo handling
15 Airports are presently classified into five categories–– etc., at some airports.
international airports, customs airports, model airports, other domestic But the policy on airport infrastructure does not directly
airports and civil enclaves in defense airports. Apart from the address problems. In fact the policy paper touches on every
international airports, customs airports have limited international
topic from modernization and upgradation of airport
operations. Model airports are domestic airports, which have a
minimum runway length of 7500 feet and adequate terminal capacity infrastructure, to airport security and legal framework, but
to handle aircraft of the Airbus 320 type. They can also cater to they do not directly address these identified needs.
limited international traffic if required. All other airports are covered
under the fourth category apart from the 28 civil enclaves in defense 16This is around 22 per cent compared to 60–70 per cent
airfields. worldwide.
Integrated Transport 299

Box 10.2.1
Regulatory Institutions in Civil Aviation in India

The Ministry of Civil Aviation of the government of India is the apex body in the regulatory structure of civil aviation in Ind ia.
The Ministry of Civil Aviation is responsible for the formulation of national policies and programmes for development and regulation
of civil aviation and for devising and implementing schemes for orderly growth and expansion of civil air transport. Its functions
also extend to overseeing the provisions of airport facilities, air traffic services and carriage of passenger goods and services. Within
its administrative purview lie certain organizations1 that include Bureau of Civil Aviation Security (BCAS), the Directorate General
of Civil Aviation (DGCA) and the Airports Authority of India (AAI).
The BCAS is attached to the ministry of civil aviation. The BCAS is responsible for laying down the standards of pre-embarkation
security and anti-sabotage measures vis-a-vis civil flights in India but does not take part in the actual enforcement on the ground.
This is entrusted to the respective state/union territory police.
Although the ministry of civil aviation is the apex body, it is the office of the directorate general of civil aviation which is most
important in the regulatory structure of civil aviation in India. The directorate general of civil aviation is responsible for:
• regulation of air transport services to/from/within India; registration of civil aircraft;
• formulation of standards and grant of certificate of air worthiness for civil aircraft registered;
• licensing of pilots, aircraft maintenance engineers and flight engineers;
• licensing of aerodromes in India;
• investigation into air accidents and incidents;
• rendering advice on matters relating to air transport;
• processing of aviation legislation;
• supervision of training activities of the flying / gliding clubs in India;
• development of light aircraft, gliders and wenches and
• type certification of aircraft.
It also coordinates all regulatory functions with International Civil Aviation Organization and is in charge of the implementation
of bilateral air service agreements with foreign countries.

1 This categorization under the Ministry of Civil Aviation and the subsequent functions of the bodies under it is based on the definitions provided
in the Annual Report of the Ministry of Civil Aviation. For details see Annual Report 1998–9, Ministry of Civil Aviation, Government of India.

Safety and Regulation17 Entry, licensing of airports and licensing of aviation


professionals should come under its purview.
Adequate safety is the primary factor in a well functioning
• The economic regulator––aims at preventing the long-
civil aviation system. Currently the regulatory structure is
term monopolization of air services. Both the pricing related
not appropriate for that objective. There is a serious mismatch aspects of airports as well as competition between airline
between the capabilities and objectives of the DGCA from operators should come under its purview.
what is required. Adequate safety involves the creation of • Accident appraisal agency––investigates accidents and
a system that allows the growth of the industry, facilitates recommends improvements as and when required.
entry and expansion of activities and infrastructure, and at
the same time ensures that unhindered growth does not lead The regulatory agencies should have senior level personnel
to a fall in safety standards. (at the Director General level) who have an extensive
A regulatory structure that consists of these distinct understanding of the aviation industry. They may be from
institutions is most appropriate for India. Each of the the government or outside but have long (about five years)
regulatory agencies would have to be completely independent and secure tenures.
and autonomous. Their areas should also be mutually The regulatory agencies should be autonomous in the
exclusive––the recommendations of one being binding on matter of recruitment/appointment and financial mana-
all concerned including other regulators. gement within the budgetary allotments made by the
government. Moreover there should be a sound mechanism
• The Civil Aviation Authority or the CAA oversees the for maintaining a reasonable balance between the number
technical aspects of aviation—both airports and air services. of officers of different backgrounds.18
17 This section has benefited tremendously from the Report of 18 A balanced force of engineers, pilots, air traffic controllers and
the Committee on Aviation Safety submitted to the Ministry of communications engineers are available. Other professionals such as
Civil Aviation in 1997. The committee was headed by Air Marshall legal and medical officers, meteorologists and psychologists should
JK Seth. also be involved.
300 India Infrastructure Report 2002

The economic regulatory agency would be well advised As practised in progressive countries and supported by
to involve non-governmental economic and legal experts. the ICAO there should be a confidential reporting system
There should also be a forum for appeals and arbitra- for aviation personnel to point out safety hazards experienced
tion. or observed by them along with suggestions for their remedy.
The investigation of accidents/incidents should be A rigorous system of safety audits covering the entire industry
segregated from the DGCA and entrusted to an independent needs also be set up.
body of expert pilots, engineers and air traffic controllers Civil-military coordination in air traffic control which
having very substantial practical experience of aviation. It is presently not satisfactory should be enhanced. Defence
may be named as the Accident Investigation Bureau, and aerodromes used by scheduled civil flights should be either
be an integral but functionally independent part of the Civil licensed or subject to joint civil-military inspections for
Aviation Board. enhancing safety of air transport operations.

10.3 STATE ROAD TRANSPORT UNDERTAKINGS IN INDIA: ISSUES,


CONSTRAINTS AND OPTIONS

S. Sriraman

Over the past few decades the share of road transportation Table 10.3.2
in total surface traffic movement in India has been gradually Recovery–Cost Trends
increasing with a definite shift away from the railways being Type of SRTU 1997–98 1998–99 1999–00
observed. According to recent estimates (GOI 2000) the
road transport sector is currently handling around 80 per 1. Rural 0.92 0.87 0.88
cent of passenger movements and 60 per cent of freight 2. Hill based 0.85 0.68 0.72
movements as compared to its estimated share of 20 per 3. Urban 0.76 0.77 0.77
cent and 11 per cent in passenger and freight traffic Source: Computed from ‘STU Profile and Performance. 1997–8,
respectively in the early fifties. A scrutiny of the financial 1998–9, 1999–00’, CIRT, Pune = Recovery-Cost ratio = Total
performance of State Road Transport Undertakings (SRTUs) Revenue/Total Costs.
in India for the year 1999–2000 reveals that the total loss
of all SRTUs taken together was around Rs 1960 crores. in 2000–1. Traditionally fleet-utilization has been seen as
Only 85 per cent of costs could be covered through receipts. the key to physical performance. Fleet-utilization has been
Table 10.3.1 portrays the existing scenario for rural, hill- increasing steadily in almost all the undertakings in the
based and urban SRTUs. recent decade. The demand conditions though are reflected
through the load factor (LF) parameter. Therefore what
Table 10.3.1 needs to be emphasized is the LF which ultimately determines
Magnitude of Profits and Losses 1999–2000 the revenues that can be generated by expansion of bus
Rs crores Rural Hill-based Urban Total services through greater fleet-utilization.
LFs on the other hand have been declining over the last
Costs 10370.88 357.12 2424.23 13151.24 several years. The large influx of private operators in an
Revenues 9065.22 243.15 1878.88 11187.25 unorganized and unregulated manner has contributed to
Profit/Loss –1350.66 –113.97 –545.35 –1963.99 this declining trend. Declining LFs are to a certain extent
Source: Indian Journal of Transport Management (2000), 24 (7). responsible for the gradual fall in the recovery-cost ratios
especially in the case of rural SRTUs (Table 10.3.2). Our
The recovery-cost ratio indicates the extent to which case studies in Maharashtra, Rajasthan, Himachal Pradesh
total costs can be covered through receipts. Ratios pertaining and Haryana reinforce the view on these emerging trends.
to SRTUs for the study period by different types are presented In the case of Himachal Pradesh the effect of falling LFs
in Table 10.3.2. has been somewhat compensated by fairly frequent increase
The recovery-cost ratio has declined in the case of rural in fares. In Rajasthan, to mitigate the adverse effect of the
and hill-based SRTUs. Urban SRTUs performed only slightly private sector on the SRTUs LFs, the policy has been to
better in this respect. Therefore the overall recovery-cost geographically demarcate operating zones between the private
ratio increased insignificantly from 0.85 in 1997–8 to 0.86 sector and the public sector. A similar policy adopted by the
Integrated Transport 301

state unit in Haryana preventing private operators on state costs and are also able to generate some surplus. Over a
and national highways by restricting their operations to period of time the number of routes coming under this
‘link roads’ has however failed to materialize. The rise in category has been falling. The case studies referred to earlier
recovery-cost ratios in the case of urban-based SRTUs is bring out this feature clearly.
primarily due to the increase in ‘LFs’ and a higher rate of
increase in average fares as compared to rural and hill Private Sector Entry
SRTUs (Sriraman, 2000).
Liberalization of the Indian economy in the early nineties has
Fares Policy provided the basis for the directive issued by the Planning
Commission in 1992 which asked the SRTUs to make room
The SRTUs have determined their tariffs based on so-called for the private sector in all their routes except the loss-
fully distributed (or allocated) costs. These prices do not making ones and not to expand their fleets in the future.
measure by what amount costs would be increased if According to Dalvi (1993), the argument in favour of
additional quantities of any particular service were taken or deregulation in the passenger road transport sector is
by what amount costs would be reduced if the service were unassailable since the road transport market is perfectly
correspondingly curtailed. There are costs that are averaged contestable where little significant scale economies exist for
by an arbitrary method. Another defect of the fully allocated a monopoly operator to exploit, and where the presence of
cost criterion is its complete neglect of any demand data. a monopoly supplier in such a market only serves to restrict
The optimal price to achieve profit maximization will differ user choice and increase costs as has probably been the case
from that needed to maximize social welfare or sales revenue. with SRTUs in states which had opted for total nationalization.
Thus an essential requirement for these undertakings to The counter argument in favour of nationalization would
function on business principles19 is for them to enjoy draw attention to operating performance of some SRTUs
complete autonomy to set their prices in line with costs. which is as good as that of many private operators and private
There is definitely a need to include a built-in efficiency operators may avoid unremunerative routes.
criterion in regard to physical performance so as not to A feverish bid to curtail budgetary assistance to the
impose undue burdens on the user. This is especially required SRTUs has undoubtedly been the prime motive behind
in the context of an emerging competitive market for bus increasing private sector operations. Vested political interests
services wherein efficiency considerations would be of in private sector operations are dominant. As a consequence
primary importance and a more effective, rational and the influx of private operators almost entirely on remunerative
integrated fares policy could be expected to emerge. routes appears to jeopardize the revenue earning potential
of the existing SRTUs.
Social Obligations Consider the case of Himachal Pradesh where it was
Cross-subsidization which is not based upon the commercial observed that private sector operations are concentrated in
judgement of the transport undertakings ought to be treated the Dharamsala division of the state (see Table 10.3.3).
as a form of social burden—on par with expenditures on With comparatively better roads, higher population and
say, students or handicapped persons and referred to as higher density of settlements, the Dharamsala division has
concessions earlier—for which it is commonly agreed that higher traffic potential and is therefore attractive to the
the government should share the responsibility rather than private sector. Thus the main problem being encountered
allow undertakings to cross-subsidize from their profits. A by the SRTU here is that LFs have been adversely affected
part of the costs of unremunerative routes need to be cross- especially on the remunerative routes. LFs are inherently
subsidized by remunerative operations to lower the burden low for hill-based SRTUs when compared to the others due
of subsidy on government. But to ensure this, it is important to small scattered population settlements.
for an SRTU to have a proper mix of remunerative and
Table 10.3.3
unremunerative routes. The remunerative segment of many
Haryana Roadways: Share of Private Sector
SRTUs especially the rural and hill-based ones are in jeopardy (percentage share)
due to the influx of private operators in the past decade in
many states. These are the so-called ‘A’ category routes on Division Private sector HRTC
which the undertakings cover both their fixed and variable
Shimla 15 85
19 As envisaged under Section 22 of the State Road Transport
Mandi 35 65
Hamirpur 50 50
Corporations Act, 1950 which states that ‘It shall be the general
Dharamshala 65 35
principle of a Corporation that in carrying on its undertaking it shall
act on business principles’. Source: CIRT (1997).
302 India Infrastructure Report 2002

In Haryana some demarcation of areas for private sector exercises undertaken for the different SRTUs reveal three
operations was made and accordingly permits issued. These scenarios. Scenario one relates to the case of undertakings
operators could operate only on inter-district routes which in Tamilnadu where there are 20 such units that have been
are essentially link roads. To ensure monopoly of Haryana registered as companies under the Companies Act. Almost
Roadways in profitable inter-state routes, these link roads all of them achieve a high level of physical efficiency in
could include national and state highways only to a maximum terms of the parameters and have high LFs. This performance
of 15 km. But unauthorized operations have affected the does not get reflected in the financial performance since fare
state unit adversely (see Table 10.3.4). There seems to be levels are low. A uniform tariff for units across the state in
definite diversion of patronage to private operators as revealed spite of varying sizes and characteristics and low levels of
by declining LFs. With lower tax burden, weak maintenance such tariffs (15 to 16 paise per passenger km. compared to
practices and poor adherence to labour laws, private operators 25 to 30 paise or more in the case of units in Maharashtra,
are able to illegally indulge in fare cutting and still manage Karnataka, etc.) have resulted in huge losses to these units
to break even (Sriraman and Sarkar, 1999). despite high levels of efficiency. On the other hand under
In Maharashtra too, with the liberalization of issue of scenario 2, higher fare levels but low physical efficiency has
permits since the early nineties, all India tourist permit contributed to losses in states like Maharashtra, Gujarat,
holders are engaged in long-distance clandestine operation etc. Improvement of performance to optimal levels could
while smaller vehicles concentrate on short-distance routes. see the emergence of large surpluses. For example, an increase
As a result, between 1990–1 and 1999–2000, load factor in LF in MSRTC could bring in additional revenue at
of the Maharashtra State Road Transport Corporation 1997–8 performance levels. Under scenario 3, undertakings
(MSRTC) has come down from nearly 81 per cent to less need to take care of price increases as well as take measures
than 63 per cent. It is estimated that throughout Maharashtra to promote efficiency. Thus this analysis reveals that the LF
over 50,000 medium vehicles and 5000 private buses are and a critical fare level are significant influences on the
involved in clandestine operation with the result that MSRTC financial performance of an SRTU. Given the emerging
is losing approximately Rs 800 crores per year (Gawhane, liberalized economic framework, SRTUs would need to
Karekar and Mohite, 2000). effectively tackle the problem of low LFs in a variety of
Many state governments have not been able to regulate ways. It must be understood that while LF is mostly demand
the private sector effectively despite an adequate regulatory driven, it is also supply-induced. Once this is realized an
framework provided by the Motor Vehicles Act 1939 which appropriate fare strategy is required to set the organization
has been comprehensively amended during the past decade. on a long-term growth path.
Laxity on the part of the state governments has in fact, But systemic changes are required and the reform package
facilitated growth of unauthorized operations in this sector. should possibly consist of inter alia
This is perhaps the most serious problem confronting the • Incentive schemes linked to achievement of targets;
SRTUs today. With such large quantum of resources at • Any kind of funding through government channels
stake, there is an ardent need to restructure these undertakings must be linked to achievement of targets;
to meet emerging requirements. • Ad hoc principles governing fares must be done away
Our simulation studies of SRTUs reveal that the load with and
factor LF and a critical fare level are most significant • Granting complete autonomy at all levels within the
influences on the financial performance of an SRTU. These undertakings.

Table 10.3.4
Performance of Haryana Roadways
Year Share of Total Effective Vehicle Utilization Passengers Carried Load factor
Kilometers (per cent) (Kms./ bus/ day) (lakhs) (per cent)

1990–1 100.0 268.59 5534.47 82.2


1991–2 100.0 288.16 6100.94 82.6
1992–3 100.0 297.97 6922.60 82.3
1993–4 100.0 310.48 7251.64 73.0
1994–5 81.0 315.66 7183.68 76.5
1995–6 80.0 301.81 6117.59 78.6
1996–7 80.0 296.24 6228.05 76.1
1997–8 79.6 292.90 5060.07 68.5
1998–9 79.0 284.00 NA 63.0
Source: Sriraman and Sarkar (1999).
Integrated Transport 303

10.4 GOVERNANCE ISSUES IN AIRPORT DEVELOPMENT: LEARNINGS FROM


COCHIN INTERNATIONAL AIRPORT LTD.

Biju Varkkey • G. Raghuram

Air traffic to Kerala (described by the National Geographic of Kochi airport was not equipped to handle larger aircraft.
Traveler in October 1999 as one of the 50 must see The airport had the threat of closure hanging over it.
destinations and later in April 2001 as the most beautiful This, along with the need for more direct air connections
place in India) came from tourism and expatriate Keralites and seating capacity, generated public opinion towards
and their families, mainly from the Gulf region. It was upgradation of airport facilities. The conservative estimate
estimated that more than two million people of Kerala of expanding the existing runway was Rs 70–72 crores
origin were working abroad for whom air was the most (1991 price levels). There were technical and social issues
common mode (rather, the only available) of travel. Kerala like the giant crane of Kochi shipyard located close to the
had three functional international airports within 600 km— aircraft approach path, reclamation of land from the
Trivandrum (Thiruvanantha-puram), Cochin (Kochi) and backwater, relocation of the railway line and rehabilitation
Calicut (Kozhikode). of 200 households. All these were expected to increase the
The Indian Navy owned airport located in Willingdon project cost. The owner of Willingdon Island, Cochin Port
Island in the centre of Kochi city had the distinction of Trust Ltd. had reservations about airport expansion. In their
integrating multiple forms of transportation (air, sea, rail opinion, the scope for port expansion would be reduced if
and road) in a small island. The island also headquartered land was given for expanding the airport. The Indian navy
the Western Command of the Indian navy. The Airports was also not interested in making investments for developing
Authority of India (AAI)20 maintained a civilian enclave in the airport.
the naval airport. The airport was profitable even though
the Indian navy received a substantial share of the revenue
THE COCHIN INTERNATIONAL AIRPORT LIMITED
generated. The effective runway available for landing was
5000 feet out of a total runway length of 6000 feet which (CIAL) EXPERIENCE
allowed landing of smaller Boeing 737 aircraft with a load
Initial Financing Plan
penalty (limited passengers and fuel). Strategically Indian
Airlines had decided to phase out the 737 series on account The fund requirement for a new airport was estimated at
of higher fuel consumption and substitute it by larger, new roughly Rs 200 crore based on discussions with AAI and
generation aircraft like Airbus 320 and 300. The runway aviation experts. One of the subcollectors proposed the idea
of raising money from the Gulf based NRIs (Keralites) who
20 Airports Authority of India (AAI) was formed by the merger stood to benefit most from the new airport. (The Gulf
of International Airports Authority of India and National Airports bound air passengers were forced to spend two days in
Authority through Airports Authority Act (N0. 55 of 1994). It came transit in Mumbai or other cities. Their representatives had
into existence on 1 April 1995. AAI manages all airports which
been demanding direct connections from Kerala.
handle commercial air traffic. The airports are classified as international
and domestic. Domestic is further classified into three categories. Thiruvananthapuram and Kozhikode airports had direct
AAI also provides air traffic services over the entire Indian airspace Gulf connection, but the demand far outstripped supply).
and adjoining oceanic areas. Investment could come in the form of interest free loans and
International Airports: This status is accorded by GOI. These donations from NRIs as well as corporates and other societies.
airports are available for scheduled international operations by Indian Kissan Vikas Patrikas (KVP: a savings scheme of Government
and foreign carriers.
of India, which doubled the principal in 66 months) could
Domestic Airports:
a. Customs Airports with Limited International Operations: These back the loans. For every Rs 5000, KVP of Rs 2500 would
have custom and immigration facilities for limited international take care of repayment, yielding Rs 2500 directly as cash.
operations by national carriers and for foreign tourist and cargo GOI had a scheme of lending back 75 per cent of the
charter flights. collected amount to the state government for developmental
b. Civil Enclaves in Defence Airports: These are civil enclaves in purposes as low interest, long term loan. Remaining amount
defence airfields, where limited commercial operations by domestic
could be raised as donations from corporate bodies. Four
airlines are permitted. These airports are under the operational
control of the defence and AAI uses the facilities on payment basis. lakh investors, constituting 20 per cent of Gulf based Keralites
c. Other Domestic Airports: All other airports, where domestic could build the airport by contributing Rs 5000 each. (Table
airlines are allowed are covered in this category. 10.4.1 gives details of the initial financing plan).
304 India Infrastructure Report 2002

This loan from GOI came at very low interest and long Table 10.4.2
repayment period. Repayment could be made when income Project Cost (as on 31 December 2000)
from the airport accrued and from the sale of excess land in Rs crores
(By design, extra land had to be acquired, keeping repayment
Land Acquisition and Rehabilitation Expenses 70
in view). The contributors would have privileges like special
Construction Cost—Runway, Terminal 160
check in counters, waiting lounge, reserved car parking, Buildings and Other Utilities
directorship in the airport board etc. Interest Capitalized 53
Total 283
Table 10.4.1
Initial Financing Plan (1992) Source: CIAL Records.
Categories in Rs crores
Formation of CIAL
A. Interest Free Deposit from 4 lakh 200
NRI’s @ Rs 5000 per NRI Meanwhile the land acquisition proceedings had progressed
B. Money invested in KVP’s of Rs 2500 each for 100 to the stage of issuing notifications under the Land
repayment in six years when the amount doubles Acquisition Act 1894. (Notification for acquiring about
C. Cash in hand (A – B) 100 500 acres for public purpose had been issued by then21).
D. Loan against KVP’s 75 It was impossible to revert back. Government of Kerala
(75 per cent of Rs 100 crores)* (GOK) was reluctant to contribute money for the airport
E. Donations 25
at the early stage of land acquisition. To mobilize funds it
Total C + D + E 200
was decided to incorporate a public limited company. The
* GOI loans upto 75 per cent of the money collected, back to project was to be funded by equity share capital of Rs 70
the states at very low interest and long repayment period. The crores and loan funds of Rs 130 crores. Thus the CIAL was
money needs to be used for developmental purposes. incorporated on 30 March 1994 as a public limited company
Source: CIAL Records.
with Rs 90 crores authorized capital. KIAS entrusted the
responsibility of constructing the airport to CIAL and the
The new financing plan was submitted to the chief
special officer was appointed the Managing Director of the
minister (CM) of Kerala by the district collector. Impressed
company. The existing donors were given the option to
by the innovative fund raising technique (which had no
convert their loans into equity shares. The project was to
financial burden on the state government) the CM asked
be completed in three years and the tentative date for
the district collector to prepare a proper project report and inauguration was fixed as 15 August 1997.
agreed to the suggestion of forming a charitable society for The estimate provided by a British company for building
the purpose of raising money. Meanwhile media carried the airport was Rs 500 crores excluding land price.
news about the developments on the airport project which Meanwhile, the Federal Bank Ltd, a scheduled commercial
mostly evoked positive responses. The NRI community was bank that had its origins in the neighbourhood of
particularly enthused by the project. The first contribution Nedumbasserry sanctioned a bridge loan of Rs 10 crores for
came to the district collector as a personal cheque for six months, at 15 per cent interest. The bank was convinced
Rs 20000 from Mr. Jose Maliakal, an NRI from Gulf. to associate itself with the project based on emotional ties
with the locality.
The Kochi International Airport Society
Kochi International Airport Society (KIAS) was incorporated Land Acquisition
as a charitable society in July 1993. The district collector Three associations of landowners whose land would be
was appointed the special officer for the airport project and acquired were formed. Protests soon began. Demands for
was relieved of field responsibilities. stopping the project were made by sections of the people.
Despite the limited euphoria about the airport project Some were willing to give up their land, but for a good
created by advertising in the local media the funds did not price. The elected representatives like MLAs had diverse
flow in as expected. Abroad, particularly in the Gulf countries, political affiliations. Meanwhile the CM who supported the
KIAS had to compete with the fund raising attempts of
Kozhikode airport. (Kozhikode airport had also adopted the 21 The Land Acquisition Act 1894 governed land acquisition by
same model for funding on the suggestion from AAI). The the government in Indian territory. Under the act both central and
scheme could raise only Rs 4 crores, as against the anticipated state governments hold the power to declare land as being required
Rs 200 crores. Mr. C. V. Jacob, a businessman from Kochi for public purpose and the respective state machinery initiates the
made the first contribution of Rs 25 lakhs. acquisition proceedings.
Integrated Transport 305

project initially, had to move out of power following an houses were rehabilitated in three locations which came to
internal political reorganization. be called as Six Cent Colonies (since six cents of land was
CIAL finally acquired 1300 of the 1400 acres of land it given to each family losing their house). One member from
intended. The land acquired for the approach road was each family which lost both house and land would be
more than what was required for a four-lane road. CIAL considered for direct employment or provided indirect
had plans to commercially exploit the additional land at a employment opportunities in the airport like taxi permit,
later stage. As the land value along the approach road managing public telephone facility or vending beverages. As
appreciated the original landowners demanded that the excess on 28 February 2001, 85 evictees had direct employment
land be returned. (Their demand had political support and in CIAL and 691 were given indirect opportunities.
CIAL board had eventually taken a decision to return the The hurdles in land acquisition continued at every stage.
land). The original landowners were willing to pay back the Runway and terminal building construction could not start
price paid during acquisition. However, under the Land as planned because some residents refused to move out.
Acquisition Act it was near to impossible to work out the There were some false claims of houses in the form of
return of land which would open altogether another temporary hutments that came up overnight. They were
speculative dimension in the already troubled subject of bargaining for a better deal and creating discontent among
land acquisition. those who had willingly given up their property rights.
Close to 5000 trees were cut and spot payment of These claims were surpassed with caveats from court and
compensation was made. Since the land was on the approach at times through forceful eviction.
path of flights, the landowners were prohibited from planting In addition CIAL had to deal with socially sensitive issues
trees in this land even though this strip of land was fertile. like relocating three temples, two churches, a burial ground
Paddy cultivation was not economical. The affected group and a mystery tree which had acquired the status of a
of landowners had initiated collective action, both legal and pilgrimage centre. (The tree located near the proposed
political to force CIAL to acquire the land at the same rates runway was considered impossible to fell since it possessed
which CIAL had paid for the adjoining land. divine powers. However it fell down on a cyclonic night).
CIAL followed a liberal approach to relocate the places of
Land Compensation worship after detailed discussions with religious leaders,
The airport authorities used a new option of negotiating priests and community leaders. All expenses for relocation
with landowners to determine the compensation package. including cost of conducting religious rituals related to
Through negotiation it was possible to build in contentious relocation were borne by CIAL.
variables like quality of land, earning potential of the land
etc22. A broad framework for compensating and reha- Building the Airport
bilitating the affected people was arrived at after consultations AAI had agreed to provide technical advice and runway
with representatives of the landowner’s associations and design to CIAL free of charge. The foundation stone for
representatives of political parties. All the negotiations were CIAL was laid on 21 August 1994. CIAL appointed KITCO,
based on the tactical understanding developed with the a state government enterprise as technical consultants.
opinion leaders. A high power committee chaired by a state KITCO was responsible for monitoring the progress of the
minister negotiated the prices with representatives of land project and coordination. Absence of clear guidelines and
owners. CIAL made price offers of Rs 4,000–6,500 per cent interdepartmental conflicts had almost brought work to a
(a hundredth of an acre) of dry land and Rs 300–1,800 per standstill. CIAL could also claim the distinction of not
cent of wet land (including paddy fields). Provisions of the losing even one day of project time due to labour unrest,
Land Acquisition Act were to be invoked in case of those otherwise a common feature in Kerala.
who refused the negotiated agreement.
Around 400 court cases were filed and one of them was Financial Resource Mobilization
decided by the supreme court. The land for airport was
In March 1995, HUDCO sanctioned a term loan of Rs 25
acquired from about 2,300 landowners. Eight hundred and
crores at 16.5 per cent interest. GOK sanctioned Rs 1 crore
seventy two households had to be shifted. Those who lost
towards equity. The government contributed the next
instalment of Rs 5 crores to equity. Private placement efforts
22 The Land Acquisition Act provides two routes to arrive at brought in Rs 15 crores as equity.
compensation. The district collector could decide on the compensation
or the court upon a reference could decide the same. In the former
The company decided to adopt the public issue route.
case there are no concrete guidelines. In the case of court reference The public issue was discussed with merchant bankers and
there are certain guidelines to arrive at the compensation. The financial institutions whose response was not very
landowners are allowed to challenge the award in the higher court. encouraging. GOK indicated its inability to contribute more
306 India Infrastructure Report 2002

resources but was at the same time concerned about losing and all equipments required for ATC was installed by AAI.
control if another strategic partner was brought in. The The facility was managed by a special cadre of Air Traffic
12th meeting of the board of directors of CIAL suggested Controllers who were AAI employees. According to
that, for maintaining control GOK should hold at least 51 international convention all airlines travelling through the
per cent of the equity. The government accepted this decision airspace had to pay for the navigation support provided by
and a notification was issued in September 1997 in principle ATC. This was a major source of aeronautical revenue for
enhancing the equity participation of GOK to 51 per cent. AAI. (The proposed new policy on civil aviation which
This notification became the policy governing future permitted private participation in airports, had clarified
investment decisions in CIAL. that ATC was AAI’s responsibility. However the policy was
Since GOK was not in a position to contribute its equity vague on the investment for ATC equipments and facilities
share efforts were made in the direction of raising equity and the revenue sharing between AAI and the private airport.
from the other stakeholders. Three public sector oil Pending resolution of this issue the inauguration of the
companies were approached for giving refuelling rights in airport was impossible.) AAI insisted that CIAL install the
CIAL. BPCL won the exclusive rights in exchange for ATC equipment while they would manage the facilities and
Rs 5 crores contribution towards equity. Equity contribution keep the revenue.
also came from other service providers and public. The The MD of CIAL keeping the date of inauguration in
equity holding community was spread in 30 countries. view, signed an MOU with AAI, where all equipment would
Majority of the NRI as well as domestic investors were be installed by AAI for which CIAL would make payments
attracted to the project through word of mouth and news later on a cost plus basis. ATC charges had two components:
about CIAL. The company also contributed its bit towards Route Navigation Facility Charge (RNFC) and Terminal
public relations through press releases and public meetings Navigation and Landing Charge (TNLC). According to the
in different parts of Kerala. NRIs, businesspersons and local MOU, CIAL would reimburse the cost of navigation
self-governments were personally contacted and requested equipment installed by AAI and allow it to keep the RNFC.
to commit to the project. The idea of owning a share in CIAL would receive revenue from TNLC levied on airlines.
an airport was emotionally irresistible to many. The public This MOU was subject to the approval of the CIAL board.
relations drive directly handled by the MD prompted many AAI went ahead and installed the necessary equipments for
service providers as well as small investors to look at CIAL traffic control.
favourably. AAI was the licensing authority for all airports in India.
AAI which itself was responsible for constructing and
First Year of Operations managing the airports gave a permanent license to the
airports. Periodic inspections were conducted to ensure
The airport was inaugurated by the President of India on compliance to standards. CIAL being the first airport outside
25 May 1999. Commercial operations started from June the control of AAI was given a temporary license valid for
1999 with Air India operating the first flight to the Gulf. three months. The license was renewable every three months
Shortly afterwards the commercial enclave in the old airport based on regular inspections. CIAL’s demand for a permanent
was closed and domestic operations shifted to CIAL. license was not accepted.
The airport had put in place a spacious car park, visitor’s The closing of the old naval airport to civilian traffic was
gallery, a pre-paid taxi system run through a co-operative a precondition for the viability of CIAL. The Indian navy
society and airport security managed by the Kerala Police. had already recorded its objections about the active civilian
Other airport services like fuelling facilities, public canteen, enclave on grounds of internal security. However some
foreign exchange counters etc. were in place by agencies prominent citizens of Kochi objected to the closure of the
who participated in financing the airport. Even though old airport and filed a public interest litigation or a PIL.
GOI had not yet declared CIAL as an international airport AAI employees stationed at the old airport and the private
(implying foreign airlines could not use the airport) national airline company which had made investments there also
carriers would operate international flights. Central agencies acted as pressure groups against shifting domestic operations.
like customs and immigration required for handling There was also pressure from domestic travellers to keep the
international travellers had been organized. The airport old terminal open and leave CIAL to handle international
project envisaged handling 17 flights a day during the first flights only. However the court decision and the civil aviation
year of operations moving up to 31 flights a day in the fifth ministry favoured CIAL for domestic operations. The civil
year of operations. enclave in the old airport was closed and the AAI employees
AAI was the designated agency under the Airports were redeployed.
Authority Act responsible for providing Air Traffic Control The civilian enclave supported a number of taxis that
(ATC) services over Indian airspace. AAI owned airports provided the last leg of connectivity to the passengers. The
Integrated Transport 307

taxi operators from the old airport had approached the India and Indian Airlines diverted some of their international
CIAL management demanding rights to operate taxi services. flights from these airports. All the three airports required
However by that time CIAL had formed a society of evicted more flights to be viable. In the process, the lobbying done
people to operate the taxi services. The evictees had by the state government got diffused and all three airports
approached banks for loans. The initial traffic was not were competing between themselves to protect their existing
sufficient to provide work for all the taxis. The taxi drivers flights. Even before the inauguration of the airport, several
were under pressure to service the loans. (Some of the taxi international airline companies had indicated their
owners had borrowed money from private agencies against willingness to operate direct flights from CIAL which
pledge of the vehicle. The loan disbursement was faster and included diverting existing flights from neighbouring states.
involved less paper work. Default in payment resulted in the CIAL was able to obtain virtual monopoly of allowing
vehicle being confiscated without notice.) Relatives who chartered flights carrying pilgrims for performing Haj
came with own transport usually received the NRI travellers. ceremony. The airport had anticipated the market and built
Business passengers and tourists used the pickup service special facilities for catering to Haj pilgrims. Kozhikode
provided by the city hotels. The traffic flow in international airport was directly competing with CIAL for the Haj
and domestic terminals were different. The CIAL taxi drivers flights.
went to the extent of preventing city hotels from picking On the land acquisition front CIAL continued to face
up passengers directly from the airport and forced NRIs to hurdles. The critical Instrument Landing System (ILS)
use their services. The matter was resolved by re-engineering commissioning was delayed because of the failure to acquire
the prepaid taxi system. In addition restrictions were set for land and remove obstacles (including houses) that fell in the
other private vehicles and auto-rickshaws for picking glide path of the aircraft. Lack of ILS was cited as a reason
passengers from the terminals. The old airport taxis were which delayed the international airport status for CIAL and
disallowed the right to operate from CIAL. Informally CIAL had created discomfort to passengers and airline companies.
did not press for operating long distance state transport The delay which came from the GOK side inspite of the
buses from the airport even though such an arrangement fact that all the owners were willing to surrender their land
could have benefited the passengers. In return the taxi for a negotiated price was attributed to vested interests
drivers had voluntarily agreed to follow a CIAL managed operating in other airports. In addition, land acquisition
allocation and payment system. They also agreed to a code proceedings for the approach road and the eastern end of
of conduct with passengers. the runway was in progress.
CIAL had decided to allow a single agent to handle the
ground service operations in CIAL. This was the common Into the Second Year: At Crossroads
international practice. Air India was given the exclusive In a strict sense CIAL was not a private airport. GOK
rights through open bidding and a high profile pitch made through a board level resolution had decided to hold
by the Chairman, Air India to the Board of Directors. minimum of 51 per cent stake in CIAL. This would be
Other parties involved in the bidding process approached achieved through direct contribution from GOK and
the court against the order. The domestic private airline Jet investments from profit making state enterprises. Central
Airways also approached the court citing that the exclusive PSUs like AI and BPCL also held equity stake in the company.
agent arrangement that too by a rival airline company was In strict sense CIAL could be defined as a joint sector airport
detrimental to customer service. with private–public participation. Even as on March 2001
CIAL had high expectations on revenue generation from the state government had not contributed its full share of
cargo operations. The responsibility of managing the cargo equity capital.
operations was entrusted to Air India on a revenue sharing GOI controlled awarding landing rights to airline
basis. (15 per cent of cargo revenue would accrue to CIAL.) companies which allowed them to operate from a specific
The cargo operations failed to reach expected levels since airport. India has so far entered into bilateral air service
according to CIAL the tariff rates of AI was high. agreements with 96 countries out of 185 countries that were
At the time of inauguration of the airport the company part of ICAO (International Civil Aviation Organization),
was already facing the interest burden from loans taken out of which 54 involved Air India. According to the civil
from banks and FIs, particularly HUDCO. This information aviation minister, (Business India, June 11–24, 2001) the
led to speculations regarding the viability of the airport and demand for bilaterals came from state governments interested
even the probable closure of the airport. This had its effect in more connectivity for their respective populations. In
on investor confidence. spite of demands from passengers request from GOK and
Competition from Kozhikode and Thiruvananthapuram applications made by various foreign airline companies, no
could not be discounted. When CIAL started operations Air decision was taken until March 2001. In April 2001 the
308 India Infrastructure Report 2002

central government allowed one foreign airline to operate the airport a fee for the services. Later the services of a
from CIAL. Applications from other airline companies were professional security agency were enlisted for traffic control,
being processed. parking area management etc. In view of the increased
Aircraft refuelling was another revenue earning activity threat perception to aircrafts and aviation infrastructure,
that was envisaged and oil companies had created necessary GOI had unilaterally handed over the responsibility of airport
infrastructure, particularly a fuel hydrant system that could security to a paramilitary force, Central Industrial Security
reduce refuelling time considerably. CIAL could not exploit Force (CISF). The cost involved in maintaining CISF in an
this revenue earning facility also. Lack of traffic affected the airport was considerably higher than using the services of
non-aeronautical revenue stream also since this had a direct the state police. The airport had no direct control over CISF
relationship with passenger traffic. since it would be under the Commissioner of Aviation
Right from the first day of commercial operations CIAL Security, Ministry of Civil Aviation. However the airport
followed the tariff structure adopted by AAI for landing had to bear the expenses of CISF and provide required
charges since any new tariff structure had to be ratified by infrastructure like family housing and transportation.
AAI. The landing charges were fixed based on the weight Moreover there were concerns about the customer friendliness
of the aircraft. According to CIAL the AAI tariff structure of an organized paramilitary force. (CISF itself had
was inappropriate for new airports since the cost structure commissioned a customer perception survey, the results of
of AAI airports and CIAL were different. A flexible tariff which indicated otherwise). CIAL was able to negotiate an
structure would have enabled the airport to offer innovative arrangement with AAI where the expenses for maintaining
and flexible packages to airline companies. In addition CIAL CISF would be subsidized and the company would forfeit
faced difficulty in collecting the charges from PSU airline a large share of the passenger service fee component in the
companies. flight ticket in favour of AAI.
On the cargo front customers preferred to take cargo to
Thiruvananthapuram or Kozhikode. AI was not proactively Revenue Model
marketing their services to exporters. Hence the facilities
and capacity created by CIAL were unused. CIAL took over The monthly average flights were 280 in the domestic sector
the cargo operations from AI and started to manage the and 109 in the international sector during the initial
operations with its own staff. Efforts to promote the cargo operations until December 2000 while the projected averages
operations included direct contact with exporters and were 330 domestic flights and 190 international flights even
construction of a cargo village in the airport land modelled during the first year. The international flights were less since
after the Dubai cargo village. AI did not take this move very foreign airlines could not land at CIAL. Even after the
kindly. declaration as an international airport, lack of bilateral
The MOU signed between AAI and MD, CIAL regarding agreements did not allow foreign airline landings in CIAL,
ATC payment was rejected by the board of CIAL. According in spite of requests from several of them.
to the MOU, CIAL was to receive revenue only from TNLC The business model of CIAL was heavily dependent on
levied on airlines. As per CIAL the RNFC receipts were four the Gulf based NRIs. Employment trends in the Gulf region
to five times the TNLC. CIAL refused to honour the MOU indicated that job opportunities were shrinking as a result
commitment since it implied that CIAL had to reimburse of the Emiritization drive and fast-changing job profiles in
AAI to install and maintain the ATC equipment while AAI Gulf countries. Unskilled and semi-skilled labourers who
received the bulk of the revenue. CIAL argued that the had gone during the boom period were returning in
revenues already received by AAI from RNFC was sufficient thousands causing a severe strain on the Kerala economy.
to provide a 60 per cent return on investment or ROI on At the same time the trend was shifting towards employment
AAI’s investment. This standoff came in the way of upgrading markets in Europe, the Far East and US. Kerala was also
the navigational facilities including installing radar facility fast becoming a tourist destination and a critical point in
(estimated to cost Rs 25 crores). Further CIAL argued that the southern circuit considered as the alternative to the
under the AAI Act and the draft policy on aviation, AAI was traditional golden triangle. However the national carriers
bound to provide ATC services over Indian airspace. CIAL were restricting themselves to the Gulf sector which was
was ready to allow AAI to keep the entire RNFC revenue very lucrative for them. Allowing direct flights from other
if AAI was responsible for investment in ATC equipment sectors were necessary for long term viability of CIAL. This
and its maintenance. On the other hand it sought a share would pre-empt the competition from Kozhikode which
of RNFC revenue from AAI. has Gulf bound traffic as the only market segment as well
Security services in the airport became a subject of concern as boost the tourism development efforts of Kerala.
for CIAL. Initially the state police had the responsibility for The cargo operations began in September 1999. In the
maintaining airport security. The police department charged first 16 months until December 2000 the monthly average
Integrated Transport 309

was 159 tonnes in the domestic sector and 244 tonnes in new political alignment (which was in power while the
the international sector, adding to a total of 403 tonnes. The project was initiated) had reiterated its commitment to the
projected average for the first year of operations was a total development of CIAL. However a section among them
of 1250 tonnes. It is interesting to note that in the international demanded removal of all political nominees of the previous
sector, the export traffic was twice the import traffic. government from the board of CIAL and that the new CM
The monthly average operating expenditure was Rs 62 should assume chairmanship of the board. One argument
lakhs during the period June 1999 to March 2000 and was, since, the CM of Kerala occupied the position of
Rs 59 lakhs during April to December 2000. During the chairman of CIAL board, the previous CM automatically
latter period, the actual was about the same as projected. ceased to occupy the position. However there was another
The personnel costs were restrained to half the projected point of view. Since the existing board appointment was
through control on intake and deferring the revision of made by the annual general body meeting or AGM, it
compensation structure. (CIAL had patterned the would be prudent to wait till the next AGM for appointing
compensation following AAI. When the AAI stakes were the chairman. In addition a former CM of Kerala also
revised only AAI deputationists were paid according to revised indicated an interest in the chairmanship. Air India which
scales.) While maintenance charges were lower than had equity and other financial investment in CIAL also
projected, the general expenses were higher. The expenditure demanded board level representation. They also cited the
on electricity and water charges as well as reimbursements absence of air transportation professionals who could offer
to AAI were significantly higher than the projected figures. guidance to the company at the board level as a risky
CIAL had an operating surplus right from the first year practice.
of its operations. However the margin was inadequate to
cover the debt servicing. As per projections, complete debt Capital Structure
servicing was expected to be feasible from the second year.
The project cost as on 31 December 2000 was Rs 283 crores
The actuals indicate otherwise leading to the need for
including capitalized interest (Table 10.4.2). Table 10.4.3
financial restructuring.
gives the capital structure as on 31 March 2001. CIAL had
an authorized capital of Rs 90 crores and a paid up capital
Corporate Governance
of Rs 78.93 crores as on 31 March 2001. The government
The position of chairperson, Board of Directors CIAL was of Kerala, (as per a CIAL Board decision dated 23 September
held by the CM of Kerala. Other members of the board 1996 and the related government order or GO dated 29
were elected legislators, bureaucrats, FI nominees and investor August 1997) had decided to hold at least 51 per cent of
directors. The board had provision for 15 members including equity in CIAL directly and through state owned enterprises.
three positions reserved for nominees of financial institutions. This was to have effective government control over the
The composition of the board as on 31 March 2001 indicated company. The GOK contribution stood at Rs 32.45 crores,
that two positions of FI nominees were vacant. which was 39.85 per cent of the paid up capital. To make
The composition of the board, particularly its political the GOK share 51 per cent, under the current paid up
nature had been a subject of criticism. Apprehensions about capital the authorized capital has to increase to Rs 94 crores.
political and official influence on the CIAL project were GOK would have to bring in Rs 15.5 crores (see Tables
raised at different points of time. However CIAL was of the 10.4.2–10.4.3).
opinion that the presence of the chief minister and legislators Airport service providers (Air India, Bharat Petroleum
as board members facilitated the company to work around Corporation Limited, State Bank of India and Federal Bank)
complex governmental systems, particularly land acquisition. had brought in Rs 21.25 crores as equity. NRI directors and
The minority shareholders (Indian public and NRI’s) their relatives contributed Rs 14.14 crores. Six thousand
numbering around 10,040 had also demanded representation one hundred and sixty Indian residents and 3880 NRIs were
in the board. Under the umbrella of Cochin International equity holders in the project with contribution of Rs 4.48
Airport Share Holders Association (CIASHA) their nominees crores and Rs 5.4 crores respectively. The NRI investors
had planned to contest for directorship. However on request were spread in 30 countries. Two banks—India Overseas
of the chairman (CM of Kerala), the nominations were Bank and Dhanalskshmi Bank Ltd. together contributed Rs
withdrawn. The other demands placed by the association 0.75 crores as equity.
included immediate payment of dividend, while an In order to make payments towards HUDCO term loan
infrastructure project in normal course required high CIAL wanted to raise additional equity by offering a 1:1
gestation period. rights issue. The closing date for rights issue had to be
The general elections conducted in April 2001 witnessed extended twice. The GOK’s inability to contribute its share
a complete reversal of fortunes of the then ruling front. The had shaken the confidence of other investors who refused
310 India Infrastructure Report 2002

Table 10.4.3 inception, the term public purpose has been defined in
Capital Structure (as on 31 March 2001) vague terms. The Supreme Court also supported the view
Rs crore that the term need not be defined strictly. The apex court
was of the view that, the conditions which existed during
Equity Participation
Government of Kerala and Public 32.45
the time of acquisition need to be taken into consideration
Sector Undertakings and hence it would be better if the term is not clearly
Non-Resident Indians and others 24.23 defined. The power of the act could be leveraged by the
Airport service providers 21.25 government for notifying the intention of taking the land.
Total 77.93 The process also gave opportunity for the affected public
to voice their reservations. Past experience of land acquisition
Loan Funds
in India showed that the process led to acquiring more than
HUDCO—Term Loan 152.72
Federal Bank 24.69
the required land. The additional land was often kept without
State Bank of Travancore 27.51 any economic activity. The CIAL project also acquired more
District Cooperative Bank 12.00 land than it wanted for its core operations and further
Total 216.92 expansion. Further, the project had built in income from
land sale and commercial exploitation of surplus activity as
Interest Free Deposits major sources of revenue.
M/s Air India 11.00
During the process of land acquisition complete
M/s. Thomas Cook 0.50
M/s. Indian Oil Corporation 0.75
information about the extent of land required was kept
M/s. Alpha Retail—Duty Free Shop 10.00 hidden from the public. In this case land acquisition and
Retail outlets 2.75 the project proceeded almost together. While this approach
Total 25.00 could have phased the pressure on payments, operationally
it was not a desirable process. At a later stage the project
Total 319.85 layout had to be altered under political pressure and to meet
the convenience of influential individuals. The process that
Note: The equity contribution of non resident Indians and others
was expected to be Rs 36.3 crores, to make the total equity followed led to avoidable misperceptions among public and
Rs 90 crores. considerable energy had to be diverted to resolve the conflicts.
Source: CIAL records. A section of landowners were able to obtain a decision from
CIAL board to have their land returned. This decision
to subscribe unless GOK contributed its full share. Further, which is awaiting governmental approval could set a
the rules disallowing capital and dividend repatriation precedence of returning the land acquired for public purpose.
prevented NRI investors from contributing to the equity. To clear the flight path, trees in the flight path area were
(In April 2001, the foreign investment promotion board or cut and compensated by evoking the relevant provisions of
FIPB allowed dividend repatriation). The rights issue which Aircrafts Act. While the land ownership remained there
could generate equity up to Rs 188 crores, had failed to raise were restrictions on further construction in the area. The
any money. residents of the area suffer noise pollution, loss of agricultural
During the initial stages CIAL had offered equity stake income and damage to houses. The application of Aircraft
to the Airport Authority of India. AAI rejected the offer on Act denied compensation for any of the above effects. Legal
the grounds that the AAI Act did not permit equity holding. and mass action was initiated to have CIAL acquire the land
According to press reports while the international investment and compensate. The differences which would arise due to
community and the Indian FIs had shown interest in CIAL application of the two different acts need to be dealt with.
the state government was against such investments due to Compensation for acquired land was a contentious issue
perceived dilution of its interest. in land acquisition deals. The practice for determining the
price based on prices declared in governments records would
not work. Such prices are normally understated. Acceptable
IMPLICATIONS FOR GOVERNANCE compensation could be arrived at only by leveraging the
political process and at rates close to real market value. It
Land Acquisition
was equally important to manage the public perception that
All matters related to acquisition of land for project purposes the evictees had received a fair deal and the local community
were governed by the Land Acquisition Act of 1894. The would also benefit from the project. In spite of this there
Act empowered the central and state governments to acquire would be legal battles that need to be anticipated and
land for what was considered to be public purpose. From prepared for.
Integrated Transport 311

Rehabilitation and Resettlement corporate governance and clear national policy on air
infrastructure would be essential to mitigate this risk.
Land acquisition often resulted in depriving a set of people
The revenue risk was due to demand uncertainties (driven
the livelihood and quality of life they were used to. The
by the market environment, service and policy on bilateral
process also harmed the fragile cultural fabric which was
agreements) and pricing. This risk can be mitigated by
shared by the community. The mechanical process of
creating a better dependence on non-aeronautical revenues,
compensation payment and resettlement did not always
developing and executing marketing strategies aimed at
help them to effectively rebuild their lives. Experiences of
different market segments (foreign and domestic airline
similar schemes were not very encouraging.
companies, charter flight operators, cargo), being customer
Rehabilitation schemes conducted with proper socio-
friendly in service delivery, lobbying for more traffic through
economic assessment of the locality with emphasis on family
bilateral agreements and in doing sufficient homework to
and cultural identities, could reduce the pain of relocation.
take appropriate pricing decisions.
In addition, community participation in the scheme through
The operating risks were due to cost escalation,
open dialogue and involvement of political, social and
unanticipated delivery of obligatory services like security in
religious leaders who had the trust of community members
the manner determined by external agencies, staffing, labour
could ensure speedy resolution of conflicts. Community
union relations and lack of coordination among various
members also expect their own economic upliftment in
agencies. Each of these causes of risk are complex and need
return for the sacrifice made. They would invariably support
to be dealt with in a generic manner through better anti-
projects which provide them with such opportunities.
cipation and professional management.
Involvement in the form of direct employment or indirect
The regulatory risks were due to uncertainty in licensing
benefits was the acceptable convention. Here also legal battles
(by DGCA), tariff fixation and revenue sharing (with AAI).
and hard bargaining should be expected and prepared for.
Clarity in the policy for air infrastructure would help mitigate
the risk.
Viability of Airports
It could be observed in the Indian context that decisions Staffing
about locating airports are at times based on political
Key people who managed the airport development came
considerations rather than commercial viability. Kerala’s
from the state government services and AAI. The first MD
proposed fourth airport to be located at Kannur was gifted
was from the IAS with prior experience in district
by a civil aviation minister who was born in Kannur. This
administration and management of state enterprises. CIAL
decision was announced in a public meeting, inspite of the
had recruited some senior professionals for critical positions
fact that there are two functional airports in the vicinity—
like finance, fire services, company secretary etc. from the
Kozhikode and Mangalore. Even though traffic studies
market. All technical personnel came from AAI on
conducted by AAI indicated that the airport was economically
deputation. Staff for critical administrative functions like
not viable, political interference led to identification of land
personnel and administration, land acquisition etc. came on
and even eliciting commitment from private sector investors
deputation from state government. Some deputationists
(including a member of a Middle East ruling family known
chose to join CIAL at a later stage. The state government
for making high profile investments). Similar experiences
appointed the present managing director, who also belonged
could be traced in other states also.
to the IAS. (The present MD had prior experience of
This raised serious questions about demand assessment,
managing major infrastructure facility in Kerala, even though
competition policy and governance. In the absence of clear
by cadre affiliation belonged to another state.)
guidelines, governments can encourage pure speculative and
Airport operation is a niche area that requires high quality
political interests affecting the viability of an airport with
trained personnel. Currently AAI is the only source of trained
a significant capital investment.
people, which has developed its captive recruitment and
human resource development capabilities. As private airports
Risk Mitigation
increase the natural inclination will be to recruit personnel
CIAL faced a variety of risks including political risk, revenue from AAI. This might hurt the interests of AAI and eventually
risk, operating risks and regulatory risk. lead to strained relationships. (The national air carrier, Indian
The political risk was due to non-continuity of political Airlines Ltd. faced a similar situation when the airline sector
leadership, lack of clarity on the decision making roles of was opened.) Planned interventions at the national level to
the centre and the state, and local political activism. Effective develop human resources for managing airports are required.
312 India Infrastructure Report 2002

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