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Overview 1

1 OVERVIEW
Sebastian Morris

Having dealt with industry structure and regulation, and front, and the dysfunctional methods of control, regulation,
governance issues related to infrastructure in earlier reports, and oversight, chosen by the government1. Dysfunctional
we concentrate on the issue of government expenditure on politics has been blamed too often for all the ills of
infrastructure in this report. The government’s presence in society. It is no doubt an important reason, but blaming
the infrastructure sector is overwhelming and it would politicians does not help. Points of action to improve
continue to play an important role. The government spends governance and the working of the system lie in policy,
large sums of money on the infrastructure sector and yet in the legal framework, in reforming the conduct of
the public, in general, is not sufficiently aware of the nature election, in administration, and in the regulation of
of this spending. economic activity. These offer many ‘leverage points for
In this report, the emphasis is on how central, state, and change’.
local governments decide on the expenditure on infrastructure
projects within their jurisdiction and what happens thereafter. Broader Approach
While budget-making at all the three levels of the government
An important aspect of the change is to bring about public
plays an important role on infrastructure spending, a number
expenditure accountability especially in the provision of
of chapters in this report suggest that after the expenditure
economic services by the state, and in the transfers and
is budgeted there is little or no follow-up on the actual
subsidies that the state makes to citizens and other areas
spending and its outcome.
of the state. Here, too policy and legal changes would be
The Comptroller and Auditor General (CAG) which is
necessary to ensure accountability2. IIR 2003 focuses
the statutory watchdog of government expenditure, and
more recently, the Expenditure Commission, have made
many observations related to government expenditure but 1 In a more diagnostic and historical sense, we see the
there has been no effective monitoring of expenditure. This dysfunctional politics in India itself has been the result of the large
year, our purpose is to identify the shortcomings in spaces for leakages, rents, and the non-compliance of rules and
regulations, due to the poor design of policy and in the choice of
government expenditure in the infrastructure sector. Implicit instruments of control. The two have interacted together to create
in our critique of the expen-diture process are possible an economy of vast rents and directly unproductive activities’.
approaches for improvement. (Morris, 2002).
Undeniably, poor governance is the major cause both 2 We had highlighted the role of the right modes for subsidization.

for our society not being able to take the reforms process For example, direct rather than price-based susbsidies, non-
further, and for our inability to ensure the widest possible discretionary controls, light and incentive regulation rather than
heavy and cost plus, the right to information law that is serious
benefits from the reforms that have been implemented. about disclosure to citizens, the movement away from a cadre-based
Nevertheless, we had argued that it is useful to understand administration, a more economic and equitable land acquisition act,
the failure of governance itself to be in a large measure land-use rules and regulations that are non-distortionary and equitable
the result of inappropriate policies and the limitations and more market-oriented, better settlement processes in courts,
therein, the lack of substantial success on the economic use of the right instruments in the control of externalities, are
2 India Infrastructure Report 2003

more narrowly on expenditure accountability in so far as the public finance literature in India. The bulk of the work,
it is influenced by factors that emanate from within the thus far, has been on expenditure patterns and proportions
system—the process of budgeting, including the allocation and growth over time and on transfers, and methods or
and authorization of resources, audit of expenditures, basis of devolution. The incentive alignment (or its lack)
incentives for expenditure control and budgeting, the in budgetary and expenditure processes remains to be
relationship between the bureaucracy and the executive to seriously addressed. The work equivalent to the distortionary
the extent it affects the expenditure process and generally3 effects of the tax system in India that informed the tax
the structure and processes of decision-making. reform in the first half of the 1990s (to usher in value
Expenditure reviews will consider the nature and type added taxes and possibly uniform taxes across states in the
of the expenditures themselves, especially in the Indian near future), is yet to happen with regard to public
situation, where there are the pulls and pressures for expenditures. A significant part of the discussions in this
government expenditures to favour particular groups. report, even though our focus has been on the expenditure
Similarly, because the state is democratically constituted related to infrastructure, provides some beginnings to
and yet ruled by a thin elite, it not only has the task of these effort.
being fair, but of ‘exhibiting its fairness’. When the former Bringing about expenditure accountability, is not easy
is vitiated because those without endowments are not able when the initiatives are entirely internal. Thus, we see
to bring their voice forcefully to the economic processes internal attempts at improving the budgetary processes,
of the state, then the latter task of ‘putting on an appearance making it more transparent by systematic presentation4 of
of being fair’ can take the upper hand. Significant parts relevant information, is necessary but not sufficient. What
of social sector expenditures or subsidies meant for the pressures and influences on the government system would
poor have this role of ‘whitewashing’ the inegalitarian allow it to move in that direction?
aspects of the state and its policies. The leakages from such
expenditures and the interception of portions of these Pressures for Change
expenditures by functionaries of the state and others,
It appears that the reforms process without any other
through bribery and diversion could be quite considerable.
initiative or pressure, is in danger of being deflected or
ritualized. Earlier efforts were neutralized or lost in the
Sub-national Governments
weight of the extant processes and approaches to public
Governance in India is at three levels, though the local- expenditure5. But today the prospect of change is bright
level governments (that is, village panchayats and urban since the external pressures on governments and parastatals
bodies) have incomparably smaller budgets on a per head to manage their resources efficiently is high. It is not just
basis. The centre also has a somewhat smaller budget on the pressures exerted by the World Bank and the ADB,
a per head basis as compared to the states. But its large as part of the conditionality for ‘structural adjustment’
absolute size and the fact that its policies and budgetary lending, that are important. The current fiscal situation is
processes and its fiscal deficit have a major influence on unsustainable especially at the state government level6.
the state budgets imply that we cover all the levels of Serious efforts to set expenditure processes right are,
government, bringing out the interrelationships between therefore, likely. Already certain states—notably Andhra
them. Pradesh and Orissa—have taken precautionary steps in
We highlight here only those aspects that are not common anticipation of the problems.
in the discussions on public finance in the country. We
are particularly concerned with the incentives (including 4 Broadly, these include measures such as revealing the structure
perverse) in both intergovernmental fiscal relations, and in and framework of the budget, improving and computerizing
the processes within governments, for expenditure accounting systems, bringing off-budget items on to the budgets,
consolidation of government with the account of vehicles created
accountability. This area has not been much explored in for the purpose of public borrowings, developing long-term
expenditure frameworks, forecasting expenditure and revenues, and
removing distortions and perverse incentives to waste and over-
crucial to make the government work for its people. They make the budget.
tasks for both governments and regulators better defined, tangible, 5 The performance budgets of the 1970s and 1980s did not
and meaningful. (see 3i Network, 2002) amount too much. The Programme Evaluation Studies, the Flash
3 Thus, we take a somewhat broader view than the approaches Reports of the Ministry of Programme Implementation, were
of the various public expenditure reviews initiated at the instance completely ritualized to a point of being irrelevant. Efforts in the
of the World Bank (WB), the Asian Development Bank (ADB), the late 1980s and 1990s to set the accounting systems of a few
Department for International Development (DFID), etc., or of the municipal corporations in Gujarat right, did not yield much either.
Expenditure Review Commission of the Government of India. 6 Defaults on state guranteed loans are increasing day-by-day.
Overview 3

Privatization the ordinance on loan recoveries8 to help financial inter-


mediaries. That ordinance will allow asset reconstruction
More significant pressures to manage expenditures
and recovery. Banks and financial institutions (FI) badly
effectively will come as the state-owned sector is privatized.
suffered due to delayed and lax settlement procedures with
If state-owned enterprises (SOEs) are privatized, revenue
regard to debt recovery in the country. The danger of the
expenditure reduces automatically through reduction in
cascading collapse of these intermediaries as their non-
labour force and reduction in funding losses. Privatization
performing assets (NPA) levels remain high, made this
has gained a certain degree of acceptance with the successes
ordinance inevitable.
in telecom, ports, and manufacturing sectors. In public
IIR 2003 presents the alternatives adopted by the
services too, the fiscally tight situation can act to bring
government and reviews briefly, the experience of the UK
private–public partnerships especially in areas of urban
in PFIs. As the state is rolled back, we expect the remaining
infrastructure. Successes in areas such as solid waste
accountability to improve, since it would operate in its
management (where the state’s performance has been
domain of comparative advantage. Such roll back of the
abysmal) can create a major opinion in favour of greater
state need not involve any decline in the provision of public
private sector involvement. Such instances are eagerly
services, but can in fact considerably enhance it when
awaited.
wisely pursued. The expected improvement in the fiscal
situation would in turn lead to the selection and
PFIs as an Option
reinforcement of better accountable processes. Other non-
Private Finance Initiatives (PFIs) will occur if the economic factors such as pressures from citizens supported
overarching legislations and frameworks that many state by their right to information that is political and other
governments have undertaken7 recognize its potential. These forces unleashed by the 73rd and 74th Constitutional
would improve the situation by taking out of the public Amendments9, would also contribute to the process of
ambit, major activities and hence, expenditures and bringing change.
them into the private sector through appropriate frameworks
that include regulation. This has happened in a major way Changes in Expenditure Process
only in telecom. Besides irrigation water and the railways,
As privatization and public-private partnerships (PPPs)
which are still largely public, most other areas have been
(with and without PFIs) gather momentum, the project
opened to the private sector. Yet, these have not been able
investments (largely capital formation related) would shift
to take off, except in telecom and to a lesser extent in ports
to the private sector and savings in terms of avoided delays
and now parts of the national highway system. This requires
and cost overruns typical in the public sector would be
further developments in policy and regulation and clarity
possible. But it would take much longer for a significant
in subsidy administration. The continued entanglement of
change to happen in the programmes of the Planning
subsidies with the production process and pricing has
Commission and central and state ministries. The vast
created a mutually reinforcing bind.
leakages and waste could, therefore, continue for some
In the provision of public goods, and where excludability
time. A comprehensive review is long overdue. Objective
is a problem (public health care, city roads, sewerage and
performance measures for these programmes, preferably
sanitation, city cleaning and solid waste), the challenge of
output-based, by exposing their vast leakages, hidden and
developing the right blueprints to bring about PFIs is
heavy administrative overload and failure-prone nature,
greater. The PFI approach of the UK is a good starting
would reveal far better ways of achieving the same
point; but it would have to be contextualized to take root
targets.
in a manner that is functional and in the public interest.
The fiscal crunch has driven reforms, and is likely to
The immediate task ahead in this direction is, of course,
give a push for expenditure accountability, too. The vast
improvements in contract adherence in the country and
benefits from better accountability and shifting expenditures
appropriate legal changes that would help the process.
When pressures emerge, change, which has been elusive, 8 See Section 7.3 for a discussion on the Securitization and
suddenly gets going. This is best illustrated by the case of
Reconstruction of Financial Assets and the Enforcement of Security
Interest Ordinance, 2002.
9 Upadhyay (2002), describes how a national-level assembly of
7 These include the legislations/initiatives the Gujarat
panchayat leaders (sarpanchs) decided to tell the government that
Infrastructure Development Board (GIDB), the Andhra Pradesh the current system of administration and decentralization would not
Infrastructure Initiative Funds (APIIF); the I-DECK in Karnataka, do. And they vehemently asked for real power and resources,
the Tamil Nadu Urban Development Fund (TNUDF), and similar warning the government that ‘paper decentralization’ would not do
organizations in other states. any more!
4 India Infrastructure Report 2003

from the public to the private sectors ought to be an equally required…Changes will occur, but with conscious design
powerful force. they can be made surer and faster.’ This major conclusion
is really the starting point of IIR 2003. There is much
Linkage with Demand optimism in the conclusion because it gives us the agenda
The full potential cannot be realized unless expenditures and makes the change appear very probable by taking it
(preferably private and capital) rise sufficiently to keep up out of the control of particular lobbies and groups that
the requisite demand pressure and raise investment levels. currently seem to stand in the way.
The task of reducing the fiscal deficit has, unfortunately, Sooner the value of systemic change is realized, the
been pursued without reference to either its macroeconomic quicker it will be to encourage policy-level positions within
or structural consistency. We have reached a situation the government. Goyal adds, ‘It is often said that a few
where further reductions in capital expenditure (excluding, good principled people can make a difference: but good
interest expenditure) would keep national income on a systems can induce better behaviour from most people.’
lower growth path through the slow down in demand. Such Systemic change and management of critical institutions
reductions have to necessarily be accompanied by structural of regulation demand ideas, innovations, and skills from
change that raises the share of the private sector in outside the system. That makes the contestability of all
expenditures especially investment, that is, through large- senior government positions eminently desirable in this era
scale privatizations. Without such a linkage the depressionary of crafting and pushing for change.
demand overhang on the economy would continue and
deepen10.
EXPENDITURES AND PROCESS
The task of bringing about expenditure accountability
in the broad sense is, therefore, challenging but can result Centre and States
in higher growth and better accessible and accountable
provision of public services. The government cannot escape Since a significant part of the states’ revenues are transfers
those excluded, or those with little access to public services. from the centre, either constitutional or through the Plan,
Substitution of performance with sloganeering and symbolic the centre has the key responsibility in expenditure and
appeal would then be out of question. deficit management. Thus, early on, it was widely recognized
that if the fiscal deficit of the non-financial public sector
The Need for Systemic Change as a whole had to reach sustainable levels, then the centre
would have to run a primary surplus. Such a situation has
Goyal in Section 2.2 goes beyond the modern political
not yet been reached. Initially, the centre’s adjustment was
economy and public choice literature to argue that the
in part done by squeezing the grants to the states. Later
process of change and development and state action need
the burden on the states rose on account of both the
not necessarily be a zero-sum game. The gains made by
implementation of the Fifth Pay Commission Award
groups pushing for change need not always arise out of
(FPCA), and the rise in interest rates. Today, there is no
transfers from others. Change, when wisely crafted, creates
escape for the states. They have to adjust.
additional resources out of the coordination scale and
Sen’s review of the fiscal position of the states in Section
other hidden economies, which can be used to push
forward the change. That important insight is brought out 4.1 brings out the following salient features:
though a journey into the theoretical and conceptual work 1. All states are under fiscal stress, though the extent
in the area, and the experience of China and the US in varies. This has resulted in the compression of capital
bringing about growth-enhancing change. expenditures, and expenditures that are crucial for their
Goyal highlights, ‘Politics has two basic functions. It can provision of public services. Hence, reprioritization of
solve the collective action problem and coordinate to a expenditures is necessary in all states without exception.
better outcome, but it can also use conflict among groups 2. Roughly 40 per cent of the state’s expenditures were
to maintain power. India has seen too much of the latter covered by their own revenues though the figure varies,
function. Conflicts make democracy slow moving under and central loans and small savings accounts for most of
inequality and low growth, therefore changes that improve the rest. The debt trap of the states is built into their
outcomes for all, and not only for specific groups, are dependence on the high cost of loans. They could have
gone to the market but without the required discipline,
10 Additionally, the scope for both tax and non-tax revenue sufficient revenue surpluses, and the lack of transparency
through rationalization of user charges is large. However, this does in both accounting and budgetary processes, the markets
not mean that the share of public expenditures should not decline. too would impose punishing interest rates.
Overview 5

3. Drawing upon Provident Funds, postponing pension public sector (Morris, Section 5.1) should legitimately lead
payments and delaying salaries are the methods used by us to question planning in India. With the intersectoral
state governments to ‘manage’ their fiscal situation in the consistency model having been given up long ago, and a
short term. Such methods damage the reputation of the firm commitment to privatization having come about,
state and their ability to raise funds. They also indirectly there is little reason for national-level planning to allocate
put pressure for change, perhaps even radical change, in a large part of the central government’s resources. The
the approach to public expenditure. traditionalist would claim that better allocation and
4. Off-budget items such as borrowings through public evaluatory processes are possible, and so also better design
enterprises and massive increases in payment arrears to of programmes and their contextualization. But if these
central corporations have gone on, and the limits for both could have happened, then why is it that after more than
contingent liabilities and implicit borrowings from central thirty years of planning they have not? Very rarely have
corporations are being breached. There is little leeway in expenditure processes been set right without a significant
this direction. squeeze on them.
5. On the revenue side the shared taxes from the
centre increased as the centre went through tax reform. Recasting the Planning Commission?
This initiated the idea of pooling of all taxes and then In any case departments are involved in a major way in
carving shares from the pooled taxes. This resulted in taxes the Plan so that the Commission’s role can be scaled down.
exhibiting a bouyancy. Its role could be restricted to that of a bureau to the
Finance Ministry to first vet and evaluate expenditure
Dysfunctionalities of Plan Expenditures demands from various departments. The bulk of the funds
The tendency to go in for large plan budgets, along with now routed through the Planning Commission could go
the factors such as FPCA and rise in interest payments, directly to the states on the lines of the devolution of tax
was responsible for fiscal imbalances. Perverse incentives revenues but with a strong performance linkage. It makes
stood in the way of prudent fiscal behaviour. Sen says, sense to wind down all central departments whose tasks/
‘Most important among them is the gap-filling approach areas lie in the state list, leaving only small cores for policy
that provides grants to states linked to the deficits estimated initiatives, standards, and data acquisition. The funds so
for the award period, projected on the basis of the actual released from the current programmes and schemes can
receipts and expenditures in the base year’! Budgets, be directly transferred to the states, conditional on
therefore, continue to be soft; there is little moral authority performance.
of the central government to curtail imprudent borrowing The immediate task is a comprehensive review of the
and misuse of overdraft facility with the Reserve Bank of Planning Commission as an institution, and the expenditure
India (RBI). Public write-off of loans of the central process for a large part of the centres’ resources (currently
government have not been uncommon and these have the central plan expenditures and the central contribution
sometimes been mandated by the Finance Commissions! to the states’ plans). Such review should be unconstrained
And, most important, is the lack of any connection between by the pioneering role that the Planning Commission
the terms of lending and the creditworthiness of the states. played in the past. Public sector GDP shares have been
There is an urgent need to rework the annual plans. ‘It declining since the late 1980s, and the share of the public
is mainly due to the overambitious plans that both Plan sector in gross capital formation has dipped to less than
and non-Plan expenditures have risen fast.11 Unless the 30 per cent from its level of 45 to 50 per cent during the
tendency of the political decision-makers to flaunt large first half of the 1980s. Privatization of the bulk of the
plans as their achievement is curbed, it will be difficult central PSUs is being considered, and the state-level public
to curb the growth of expenditures.’ enterprises (SLPEs) are expected to follow suit. Therefore,
Sen’s analyses as well as the well known waste and it stands to reason that the Planning Commisson in its
leakages in most of the programmes of the Planning current format has little role to play. Rather than let it be
Commission, and the huge delays and cost overruns in the caught in a vestigial space from which it creates major
distortions in the expenditure process, as it would in an
increasingly market-driven economy, it is high time that
11 See Section 2.2 The symbolic aspect of a large Plan budget, its role is completely recast.
which projects the government of the day as developmental, is one
of motivation. Another is the leverage that is there in the ‘matching
In this report we could not even pose the principal
grants’ that underlie many schemes. The vast scope that under- dimensions of the problems caused by the incongruity of
planning of both capital and programme expenditures offer in terms a Planning Commission from the previous era. But glimpses
of rents, is another factor. of this are evident in Sen’s identification of the root of the
6 India Infrastructure Report 2003

fiscal problem of the states which lies in the overambitious 1. State governments do not raise a substantial part
plans. Mitra and Pillai identify budgeting for the Plan ‘the of the revenue but depend upon the centre.
real systemic problem lies deeper in the perceived need to 2. The disbursals are largely formula-based rather than
show a rising Plan budget… and similarly in the practice ad hoc so that the condition that transfers should not be
of incremental budgeting for the non-Plan expenditures.’ discretionary is satisfied. But we have already seen that the
The dual budgeting for the Plan and non-Plan expenditures Plan funds create major incentive problems against fiscal
creates a major dysfunctionality principally by initiating the prudence.
desired link between the two. Plan expenditures also mean 3. There is approximate fulfilling of the condition that
central contributions, so that states are tempted to take on the state’s expenditure responsibilities match the delegation
expenditures (that later become non-Plan) because when of revenue resources.
they are Plan, the central contributions are significant. This 4. While state governments have the authority to cut
‘fiscal trap’ situation is not without its risks when the economic and manage their costs, this is difficult in reality as the
functionality of the Plan expenditures are dubious unlike Pay Commission Award pressures would imply. Since the
when they were derived out of the intersectoral consistency same bureaucracy runs through the states and the centre
model, way back during the Second and Third Plans. at the officer levels, costs are hardly under the control of
state governments. Given salary expectations of a certain
Dysfunctional Budgetary Processes proportionality with central government employees, on the
biggest of costs, namely salary and wages, there is really
Mitra and Pillai bring out further dysfunctionalities in the
no freedom. Equally importantly, the cadre-based
process of budgeting at the level of the state government
bureaucracy also makes for similar administrative styles
based on their detailed case studies of the process. These
and procedures which finally determine other costs.
are:
5. The condition that credibly commits the central
1. Unrealistically optimistic revenue forecasting, since government to not bail out sub-national governments is
large expenditures must be justified, especially Plan violated in India. But world-over, there are hardly any sub-
expenditures. national entities that have not been bailed out by their
2. Incremental budgeting, rather than budgeting based federal governments. The point in India, though, as Sen
on a realistic assessment of the requirements and merits notes is the centre’s ad hoc and discriminatory grants and
which results in upward pressure on expenditures. credit enhancements in tight fiscal situations, that clearly
3. The ‘dual budgeting dysfunctionality’ already referred create perverse incentives against fiscal prudence and major
to earlier, with little or no coordination between Plan and distortions.
non-Plan expenditures so that ‘there is no focus on the 6. Similarly, lenders to state governments in India do
overall sectoral costs’; nor is there any incentive for spending so on guarantees by the state (and implicitly by the centre).
departments to trade-off between Plan and non-Plan This makes lenders abdicate their monitoring and pressure
expenditures. exerting roles. They could have done much to put the
4. Given the form of a budgeting process rather than brakes on state governments from tumbling headlong into
true adherence, supplementary budgets become the norm fiscal imprudence.
to allow expenditure overruns beyond the initial budgets.
Similarly ad hoc cash ‘management’ is common since there Figures but Not Facts
is little predictability to either expenditures or revenues.
Of maximum concern to the citizens are the capital and
5. There are no outcome measures, no medium term
public service related items of expenditure of state
perspective, and no involvement of the stake holders.
governments. Firm and reliable data on these are
6. Other deficiences are accounting weaknesses,
unfortunately not available, not only because of intrinsic
including that of reporting statements, but, most
problems in data gathering and compilation, but also
importantly, of the manual and multiple point data entry
because of perverse incentives to misreport. Ravishankar
system, which despite generating data makes its use difficult.
and Mathur (Section 6.4) bring out the fact that given the
7. Project implementation is generally woeful, with
spending cycle, the expenditures not actually incurred but
few exceptions.
budgeted are booked to a ‘suspense account’ so that the
spending budgets do not lapse. This has the effect of
Centre–State Transfers
overstating the fiscal deficit. On the other hand, the tendency
Sen, drawing from second-generation theories of fiscal to draw from ‘pending bills’ and the Public Accounts works
federalism, finds that there are significant deviations from to under-report the deficit position, as the outstandings on
what good fiscal practice at the state level ought to be: these have ballooned. Lasting solution would need to change
Overview 7

the incentive structure. Ban on using personal ledger accounts ought to be shared with the public and legislature (see
would not work, since there are other ways of getting Section 2.1 for further details).
around such limits if the incentive structure for adherence
is perverse.
PUBLIC PROCUREMENT
The upward pressure on expenditures that arises due
to Plan funds from the central government means that any Policy Induced Distortions
corrective measure would have to ‘reward good fiscal
performance rather than fiscal profligacy’. Today only a Public procurement is a major activity of any government,
small and insignificant part of the centre-to-state transfer and the items procured span almost the entire variety of
is linked to performance. The fact that the fiscal deficits goods and services in the economy. Yet government
of the state governments are being overstated needs official procurement has typically been based on lowest price
recognition, so that strategies to manage it are more tender, with certain mechanisms such as inspection and
effective. certification, to get over the problems of varying
specifications and quality. Pandey (Section 4.2) reviews the
The Way Forward practice of procurement in India using the insights from
The way forward is, of course, to remove the distortions the general literature on procurement including public
that currently exist. This would include the review and procurement as the backdrop. Public procurement in a
recast of both planning within government, and the situation of widespread corruption and graft among officials
institution of the Planning Commission as outlined earlier. is not easy to reform.
Additionally, and independently, major improvements in The current policy-induced distortions which lead to
transparency are possible even within the current market failure in procurement by government, especially
constraints. Thus, consolidation of accounts, presentation of such items as cloth and articles of daily use, require
of related information including the details of the ‘adjusting to be corrected post-haste. These include the price
accounts’, summary presentations of the accounts of select12 preferences for small scale and local units, various clauses
parastatals of government, presentation of contingent that limit the number and categories of bidders including
liabilities of the government along with the budgets would unduly specific qualification clauses. State failure (resulting
be the correct step forward. They would save the purpose from multiple and sequential processes in procurement)
of bringing about widespread recognition of this ‘by-passing’ brings about market failure as when the procurement
of the legislature that happens in these adjustments and agency selects the poor performers (adverse selection).
methods. (Morris, Section 2.1). These are not uncommon in India. The simple solution
Ajay Pandey (see box in Section 4.1) reviews fiscal is, of course, to eliminate those long-winded processes and
transparency in India in the context of the RBI’s Standing make procurement decentralized so that authority and
Committee on International Financial Standards and Codes, responsibility embedment can take place.
which went into the situation in India, by making a point-
by-point reference to the ‘IMFs’ ‘Code of Good Practices Complexity Needs Recognition
on Fiscal Transparency’. While on many counts fiscal Procurement of complex multi-faceted goods whose
transparency is good in India, on many others there is specifications cannot be easily written down, codified, or
much that is desirable. Besides, as was brought out in the verified, would require very different procurement processes
preceding paragraphs, since the central budget is a major from the procurement of shelf goods. For shelf goods there
media event that covers many discussions on the state of is much scope for standardization and rate contracts that
the Indian economy, transparency here can help greatly. avoid repeated evaluatory processes. There are vast
It can quell the pressures on the part of the executive to improvements that can come through appropriate design
go beyond voted budgets. The format of the budget ought of procurement and bidding that is sensitive to the nature
to be expanded to include the framework of the budget, of the good and the experience with regard to the dimensions
the model, and the parameters. And the value of the key of failure. This thesis is developed by Pandey. For
variables and assumptions used to work out the budget, construction contracts and the procurement of public
services independence of the agency or individual making
12 This selection could, for example, be defined in terms of the
the quality and quantity verification is a must. Ostensibly
proportion of liabilities (funded and non-funded) to the government
out of the total. Thus, if more than 50 per cent are to the
independent agencies within the government like the
government then the parastatal could be included for consolidation Director General of Quality Assurance (DGQA) for the
with the budget of the government, or for necessary presentation procurement of ordnance stores have been rendered
along with the budget. dysfunctional. Today, they serve as barriers in the
8 India Infrastructure Report 2003

procurement with clearance being arranged for a price. But penalty suffered on account of public capital formation
the recent developments initiated by the National Highways since there were other leakages such as rents and kickbacks
Authority of India (NHAI) where the ‘independent engineer’ to be reckoned with. (Morris, Section 5.1)
who verifies the quality and quantity of National Highway
Development Project (NHDP) construction is carefully Some Improvement
defined and appointed, reduces significantly the possibility
Over the 1990s there has been a perceptible improvement
of collusion in the foreseeable future.
in public sector project implementation but the delays and
cost overruns still remained high. Despite this, the share
Transparency is the Key
of the public sector in capital formation had come down
Transparency and disclosure are prerequisites for making to about 30 per cent, while the investment rate as such
the bureaucracy accountable. Oversight by the end users showed a small improvement by about 2–3 per cent. So
(public), stronger deterrents, and ensuring the independence the overall growth potential of the economy was more than
of various authorities from government are also necessary 7 per cent, but because of the monetary and fiscal
prerequisites Pandey says ‘While transparency and conservatism, despite the supply side potential, it was not
disclosures are necessary for monitoring, they are no achieved due to the demand shortfall that such macro
substitutes for public awareness and consumer activism in policy implies. This aspect of reform—that as wasteful
curbing the perverse incentives of the public officials. expenditures or rents decline or are eliminated, there is
While all this sounds ambitious, the least that can be done a need to step up more functional expenditures, especially
by the policy analysts is to factor in the poor outcomes private investments so that the expenditure pressures are
of public procurement processes in new initiatives such kept up—is not often realized in the discussions. Clearly
as privatization and PFI.’ then, growth and privatization emerge as the only workable
This excludes the purchases of non-departmental options to reduce the fiscal deficit.14 Boxes 2.1.1 and
enterprises, which are likely to be considerable. Thus, the 2.1.2 discuss this issue at a conceptual level.
importance of current procurement for the system’s Factors underlying delays and cost overruns have changed
efficiency cannot be overstated. As the role of the private somewhat since the mid-1980s. The contract award decision,
sector increases the relative role of procurement over land acquisition and environment clearance, etc. are major
generation and production by the state increases13. causes of delays today, and the financial constraints
The CAG audit of procurement which is post hoc and (spreading thin the resources) are less important. There
procedural can only be a small aspect of the oversight on were significant differences sectorally. The eastern region
procurement. showed somewhat poorer project implementation. These
differences are brought out in a multivariate analysis.
CAPITAL EXPENDITURES AND COST OVERRUNS Railways Capital Budgets
Large Growth and Fiscal Penalty Sriraman (in Section 5.2), brings out the budgeting process
It may not be wrong to say that the fiscal crisis of the late of the Railways, especially with regard to its capital
1980s and the early 1990s was in a large measure due to expenditures. The dysfunctionalities in the Railways,
the large delays and cost overruns in public sector projects. budgeting are many. Most remarkable is the arbitrary (and
Cost overruns of about 60 per cent and delays of 50–70 varying) depreciation charge. Moreover, the depreciation
per cent from the original scheduled time, were common. charge currently at 2.6 per cent per annum is too low to
The macroeconomic effect of this on growth of the economy result in any kind of self-sufficiency in investment funds
was considerable. Public capital formation was as much for maintenance and asset replacement. Given the many
as 40–50 per cent of GCF in the economy. Therefore, we funds for capital expenses, and their defined purposes and
can estimate that the economy grew slower by between 1.5 relationships, even the (small) available depreciation funds
and 2.0 per cent than what it would have otherwise grown, get diverted for non-remunerative projects. The problems
given the same savings rate and the output capital ratio specifically noted are:
in the economy. This is an underestimate of the growth 1. Undertaking many more projects than what is viable,
and the resulting underfunding, which inevitably brings
13 PFI is also a special form of procurement of public services
about vast delays and cost overruns.
that is acutely concerned with getting the contract right. It attempts
to allocate business risks on to the private sector and bring about
14 The other choice always available is, of course, to inflate the
private investment in public services for payments from the
government and/or charges leviable on users. fiscal deficit away.
Overview 9

2. A near complete politicization of the projects in the SOCIAL EXPENDITURES


garb of the social necessity of projects, essentially to
pander to the constituency interest of the Railway ministers The Planning Commission’s role as an allocator and the
of the day. pulls and pressures that act upon the Planning
3. Huge expenditures in dubious (or non-priority Commission, and also the ‘tussle’ with the Finance
projects) such as gauge conversion. Ministry are brought out by Mahendra Dev (Section
6.3). Increasingly career civil servants find postings in
the Planning Commission and the role of outside experts
ERC REPORTS has declined. But postings to the Planning Commission
are sometimes even considered as ‘punishment’ postings.
Varkkey in Section 5.3 reviews the Expenditure Review The Commission’s eminence has been eroded considerably
Commission (ERC) Report on the Ministry of Urban as a result.
Development and Poverty Alleviation. He brings out the
strange category of ‘decision taken but not implemented’, Political Determinants
(such as elimination of a post and an item of expenditure
no longer needed) which is rife in the ministry. This The processes of the Finance Ministry in formulating the
forcefully brings out one of the major problems of budgets are not sufficiently consultative, while those that
governments in India—the inability or difficulty to shed lead to the Plans are, as the numerous working groups
activities and staff no longer required. Even ‘decisions and sub-groups of the Commission indicate. Fresh agenda
taken’ over ten years ago to abolish certain posts, were not such as concern for women, children, and the environment
implemented. The Department of Supply is intimately are brought into the Planning Commission inter alia
connected with procurement by the government and the through these consultations. As on Plan expenditures, but
ERC goes into the working and structure of the department even more so, there is usually much bargaining between
to downsize it. the Planning Commission and the Finance Ministry.
Some of the key factors in the dysfunctionalities of the Finally, the level of social expenditures is determined by
Ministry are: bargaining and the political situation, the general belief
(shared by Mahendra Dev) being that ‘social expenditures’
1. the diversity of activities and a significant part of would win votes. But perhaps the real reason, in our view,
the portfolio of activities being vestigial in nature. is that the politician wants social expenditures, especially
2. Overlapping jurisdiction as between the ministry, when they take the form of leakage-prone targeted
the New Delhi Municipal Council (NDMC), and Land programmes, because of the opportunity for patronage
and Development Office (L&DO). they provide. (see Goyal, Section 2.2, and Morris, Section
3. Obsolete work norms and productivity levels of the 2.1). The ‘contractor raj’ is an important pressure group
order of 10 per cent of these norms. working towards capital expenditures in the Planning
4. Large numbers of surplus employees. Commission and elsewhere in the government, and
4. Little or no use of IT. would have a counteracting influence since in pushing
5. Rent generation possibilities in contracting out in for construction projects the neglect of much valued
certain dispute settlement processes over procurement. social expenditures such as education and health can
Vast improvements as mentioned by the ERC are possible occur.
with privatization, contracting, rationalizing and
implementing previous decisions, to considerably reduce Trends and Patterns
the activities of the ministry. This report of the ERC (being In Section 6.2 Mahendra Dev reviews the trends and
somewhat more expansive than others) allowed Varkkey to patterns in social sector expenditures over time, sectors,
present a picture of the large slack and waste in the normal and states. Expenditures have not shown the promised rise
day-to-day working of typical government departments. since reforms began. They have fallen marginally in the
Pandey (box of Section 4.1) reviews the ERC report on 1990s as compared to the 1980s in relation to GDP, and
the Department of Supply and highlights some of the similarly, risen somewhat in relation to aggregate expenditure
findings that Varkkey brought out with regard to the of the government. Capital social expenditures have shown
Ministry of Urban Development and Poverty Alleviation. a relative decline. There are wide disparities in the per
Much diversity of tasks, sections and posts ‘decided’ to be capita social expenditures between the states, but these are
abolished were not implemented, much waste, overmanning, largely reflections of the differences in the per capita
and the existence of vestigial facilities continues. incomes between them.
10 India Infrastructure Report 2003

THE IDEA OF PRIVATE FINANCE side risks which the state may be asked to bear in the
most public of services is much less, especially if the
George (Section 7.2) brings out the principal characteristics society is willing to live with some shortages at the
of PFIs, providing an introduction to the law that underlies margin.
PFIs in India. She also looks at the NHAI Act and the The government usually bears the demand risks in areas
recent initiative of the NHAI to use annuities to build such as health services, real estate services for use by the
segments of the national highways as PFIs. government hospitals and prisons office. These services
are normally thought of as being in the public sector. The
Contextualization same holds true even in sectors such as roads, bridges and
pipelines, though here the best option is really to pass on
It is important to bring private finance into infrastructure
much of the risks to the private sector through appropriate
in India despite the major difficulties that stand in the way.
structuring and design.
In our society the economic rules, settlement procedures,
and governance structures have led to abysmally poor
...but Dangers, too
contract adherence on part of many entities including the
state in several important dimensions. Hence, the very Many PFIs are sophisticated methods of off-budget
idea of a long-term contract with the state is adjudged financing of at least some projects. However, this should
risky. Markets, not trusting the contract adherence, would not deter us from the potentially large gains that the
impose high costs on such finance and, hence, PFI ceterius approach makes possible. Good accounting processes,
paribus is likely to be a high-cost option. Overcoming the and transparency in all dealings and the avoidance of
difficulties that stand in the way of contract adherence is ‘enronic accounting’ are necessary to shift risks on to
necessary not only for the success of PFIs, but also to markets, which are eminently suited to bear them. PFIs
ensure economic development. PFIs do not really demand make it imperative that the state adheres to its contracts.
additional conditions over those required for the success Contract enforcement against the state is a fundamental
of sustained public service provision even by the state15. problem of businesses and not new to PFIs, but here the
But PFIs can lead to vast gains, due to the natural and problem is explicitly revealed and is particularly acute.
easier incentive alignment or compatibility that they bring When debt financing of PFIs goes through markets,
in areas of public services by bringing private management markets building on the worry of the states to guard their
in with private finance. reputation in the market have a better chance of enforcing
contracts against the states than even the biggest individual
Much Potential ... firms. This is another reason for the importance of private
As Varma (Section 7.1) makes it amply clear, PFIs are finance in PFIs.
an instrument to combine private finance with private
management. The seeming option to combine cheaper
Not Comparisons but Risk Transfer
public money with private management in the ‘vanilla’ Barua and Gujarathi (Section 7.4) continue the discussion
PPPs much in vogue, is actually problematic since they on the experience of PFIs in the UK and review much of
demand a difficult craftsmanship in the design of contracts. the critical literature. They bring out the basic problem
Even very good contracts prove to be incomplete as the in the idea of a public sector comparator, though appealing,
reality unfolds. This is so because the future always is difficult to implement and operationalize. Often the
encompasses fundamental uncertainty which is difficult relevant comparator is non-existent, or the problem is akin
to anticipate. When private money is at risk, there is to comparing apples with oranges. The actual risk transfer
greater possibility of incentive alignment without the on to the private sector has been much less than is often
need to design complex contracts whose value in claimed. And careful ex-post scrutiny reveals that the
unexpected situations is dubious. In India, PFIs have an benefits of PFIs have been exaggerated in many cases.
additional advantage, and needs—networks are built, More importantly, they highlight the accounting challenges
coverage of public services increase, and the potential to successfully take PFIs through. As also pointed out by
growth of the service network is high. Hence, demand Varma, the principal challenge lies in bringing about
transparency. Hence, accounting and reporting become
15There are large dues pending to the NTPC and other central important both from the point of view of market valuation
power corporations, coal companies, wholesale water companies
and from the government’s own public finance viewpoint
(jal-nigams).The delays in payment of salaries and pensions. Today,
water and power are major sectors constrained by lack of contract so that critical levels of exposure and borrowings are not
adherence between the state and its arms and parastatals. exceeded.
Overview 11

The UK initiatives do provide for the ‘Local Government pursued, lead directly and indirectly to better public
(Contracts) Act’ to empower sub-national governments for expenditure accountability. Reducing the fiscal deficit in
PFIs. It also guards against illegality of contract risk which India today, as we have said before, has come up against
may be necessary when PFIs are beginning and still the structural constraint of the government’s large role in
experimental. Partnership UK, a joint-venture between the investments. PFIs and private investments in general need
government and private firms and developers interested in to take off to raise the growth rate of investments so that
infrastructure development, had a crucial role in popularizing adequate expenditure pressure is maintained to ensure
and initiating PFIs. Similar, but perhaps more appropriately high growth.
structured, organizations to reflect the interests of the final
beneficiaries of the public services are required in any Better Contract Adherence
economy, especially a transforming one attempting to push
PFIs or not, the costs of transacting business in India has
PFIs in a major way.
been very high due inter alia to the dilatory settlement
processes, especially dispute settlement. More specifically
Ensuring Risk Transfer
where courts are involved settlement takes much time.
In the UK, regulatory developments that necessarily link Given the vast delays in courts, gaming the courts to
at least 20 per cent of the cash flows to the private party dodge adherence or reduce the private costs of non-
to depend upon measures of performance and the usage adherence is rife in the society. The ex-post difficulties
of assets were found necessary to ensure significant transfer when disputes arise result in very large risks being perceived
of risk to the private sector and markets. The accounting ex-ante and certain kinds of deals and activities whose
methods and standards that have evolved with regard to outcomes are difficult to anticipate. As a result many
PFIs allow particular projects to be classified as defacto important markets function inefficiently or may not even
borrowings or otherwise, based inter alia on the degree exist16. This problem is acute for financial intermediaries
of risk borne by the operator. The review brings out the seeking recovery of dues made out to firms and projects.
sensitivity of the comparator analyses to the discount rate NPAs have been large and recoveries of NPAs have been
and the value added tax (VAT) rate exemption on the PFIs. very slow and long drawn out affairs. Institutional
The critical reviews underlie the need for more information arrangements like the BIFR Act actually compounded the
especially on the extent of non-cancellable payments. Else, problem. The cleaning up of the banks and former
there is a danger of jumping headlong into PFIs without Development Finance Institutions (DFIs) started with the
the clarifying developments, accounting initiatives, and shoring up of their capital base to meet the Basle norms.
improvements in the legal framework. This would destroy But the deeper problem was the weak recovery process
a good and important way to take the economy forward. in the country. The ‘Securitization and Reconstruction of
Yet the fiscal crunch and the need to expand the provision Financial Assets and Enforcement of Security Interest
of services make it imperative that the initiative begins in Ordinance 2002’ seeks to correct that problem by vesting
all earnestness. vast powers with the FIs, banks and others seeking
settlement of their dues.
Unlocking the Potential
The Ordinance
The task ahead is to take PFI forward and make it an
important mode for the provision of public services. The Although a development in the financial sector, the
UK had to invest much effort and expenditure in designing Ordinance (once certain inconsistencies and difficulties
PFIs and in training civil servants to create the correct are ironed out) has the potential to greatly reduce risks
frameworks and design of particular PFIs. Interestingly a in lending and hence to considerably lower the spread in
large part of the development and understanding now the activities of banks and FIs in the long run, even if
available in the UK could carry over to the situation of immediately perceived as an overly powerful tool in the
extensive use of PFIs elsewhere. Nevertheless, it is necessary hands of the financial intermediaries. An efficient and
to bring contextualization to the situation. developed financial sector is of particular interest to
There are vast spillover benefits in the pursuit of the infrastructure financing, especially when deep lending is
correct PFIs. Accounting and legal reforms, developments important.
in transparency and in regulation of financial markets,
enhancing the capacity of governments, and better 16Besides credit markets which are so affected, land and real estate
definition and measurement of outputs, need to occur markets are badly affected by little protection against land grabbing,
along with PFIs. All these can, when PFIs are honestly and by unreasonable rights of the tenants enshrined in the law!
12 India Infrastructure Report 2003

The Ordinance also provides the basis for securitization, only one of the many dimensions where change is required.
so that markets can be brought in to bear on loans originally Their fiscal positions can sustainably improve only if user
deployed by institutional initiative. Of course, much charges and collections become rational allowing local bodies
development in terms of appropriate instruments and to recover a substantial part of the costs of services and bring
standardization would have to take place, before about reduction in the wasteful usage on consumption. Their
securitization of such loans made out on housing and real accounting and reporting systems are inadequate, their
estate development, and other infrastructure investments organizational processes are messy with little probability of
can take place. responsibility attribution and they face growing uncertainty
Joshi and Anuradha (Section 7.3), bring out the salient with regard to their revenues while they are constitutionally
features of the Ordinance. While the ordinance would charged with the provision of a large variety of services. They
clear the ground for the development of securitization, its are not entirely free either to fix user charges and their poor
ability to improve the enforcement beyond a point is fiscal position makes it impossible to go to the capital
somewhat doubtful. The author feel, ‘Enforcement processes markets for funds unless they have access to the guarantees
[in the Ordinance] can be triggered only after the debt has of their governments. Although transfers from the state and
become an NPA.’ And in large projects with an eye on central governments have gone up, these are possibly not
the market valuation of their activities there could be keeping with the increased demands on them for the provision
reluctance to declare NPAs quickly enough. This aspect of public services. There is an urgent need to improve ULBs’
does not get recognition in the Ordinance. They take the reporting systems.
case of the Dabhol Power Project now awaiting restructuring
to develop a scheme to recast it as a contract generator Organizational and Administrative Changes
in the light of the provisions of the Ordinance. The NPAs
Urban scholars and others looking at PRIs have studied
of the Industrial Development Bank of India (IDBI) and
the fiscal situation and believe the answer lies in larger
other FIs could then be turned over with the plant quickly
fiscal transfers. We believe that increased transfers are
up and running.
necessary but more importantly the transfers need to be
untied from the Plans and schemes of the central and state
THE LOCAL BODIES governments and made available for locally decided
expenditures. There is little point in having elected members
Many Problems and separate constitutional status if there is no discretion
Local bodies, especially urban, have the key role in the in spending. Such discretion is necessary for responsibility
provision of many infrastructure services. This is because embedment and for efficient expenditure management.
these services, more than other economic activities, have the Their relationship with parastatals has to emerge out of
spatial aspect which almost completely corresponds to habitats their own needs and requirements as they assess these on
and their administrative aspect—the municipalities. The their own terms in such areas as drinking water, roads and
basis of urbanization lies in the large agglomeration economies housing. Funds in these areas have to be routed through
in economic activity, especially trade, commerce, local bodies, rather than to the parastatals as is currently
administration, and manufacturing. It cannot be attenuated done. Similarly, the politicization at the local level cannot
or overcome by efforts at rural development as is widely reduce unless local leaders in being elected members of
believed17. But in India the administrative process has the PRIs and ULBs have the ‘space’ to make political
emasculated the urban local bodies (ULBs) and Panchayati capital out of initiating and completing projects that provide
Raj Institutions (PRIs) which are charged with the management public services. The rules governing the relationship between
of central places. With the 73rd and 74th CAA, the slow the elected members and officials have to change. It is
process of the movement to their rightful roles in the provision evident that despite the CAAs not much has changed at
of infrastructure has begun. If PFIs, or for that matter, any the ground level. We have not been able to investigate
private or public–private initiatives, have to take off the deeply into the problems at the local level because the data
capability of the local bodies and their financial standing have is not available. The questions are only beginning to be
to improve considerably. asked.
Though enhanced contributions and transfers and fiscal
devolution have to play an important role in this task, it is The PRIs
Mathur (Section 9.3) brings together available financial
17
Nearly all known development actually leads to urbanization,
information on PRIs to show their very large dependence
though the particular form it takes can differ. on the state government. He also reviews the
Overview 13

recommendations of the state finance commissions some Accounting Reforms


of which have made innovations in allocating resources to
Joshi (Section 8.1) brings out the interesting case studies
the PRIs and ULBs. Uniformity is lacking but firm
of Tamil Nadu and Karnataka which seriously pursued
beginnings have been made to transfer resources to the
municipal accounting reforms. It is crucial to have a
PRIs. The next step, as we have mentioned, really is to
commitment at the top and a the strong-felt need for the
untie the Plan funds allowing PRIs to define and implement involvement of personnel within the municipal bodies.
their own schemes and projects. PRIs would find projects Tamil Nadu has made the transition to double entry accounts
more useful that aim at public services and related that would allow its ULBs to operate better and more
employment creation. transparently. Karnataka too has pushed hard and would
most probably make the transition. Accounting reforms
ULBs of Maharashtra are unavoidable. It is surprising that other states have not
followed. As Joshi argues the need for standardization of
In the urban context the situational information relating
municipal accounting across the country is of utmost
to the ULBs of Maharashtra are brought out by Pethe,
urgency. Non-standard developments would increase the
Karnik and Karmarkar (Section 8.4). In Maharashtra,
cost of monitoring the functioning of local bodies through
significant fiscal devolution has taken place. The patterns markets and financial intermediaries and would ultimately
of finances and expenditures of the Mumbai Municipal restrict their access to markets and raise the cost of their
Corporation are distinctly different from that of the other funding.They would also make citizens’, monitoring more
municipal corporations, or the municipal councils in lesser difficult. The Gujarat experiment of municipal accounting
towns. This is expected since there are significant size and reforms which failed to take off, and the contrast with
scale effects in the costs of services. The demand patterns Tamil Nadu which succeeded, point to the ‘power of felt
are also likely to be different. Expenditures of ULBs have need and pressures’ in the pursuit of change. In Gujarat
on the whole risen faster than the nominal value of GDP, the experiment came a little too early and the (lukewarm)
so that with the CAA there has been a perceptible change pressures for change were limited to the multilateral agencies
in the distribution of resources between the various tiers which were pushing for it. In Tamil Nadu, the state
of government. Changes in the distribution of expenditures government and the bureaucracy had internalized the need
over items have also been significant. These have varied for municipal accounting reforms.
much across the ULB groups. Salaries and wages have
covered an increasingly large part of the expenditures, so Municipal Bonds
that despite increases in expenditures and transfers the
Sadhu and Bharatwaj (Section 8.2) bring out the story of
effective increases in the provision of urban services may
municipal bond floatations. With the market being too
have been marginal.
thin, bonds have only been a marginal source of funds for
the ULBs, and that too, at very high cost, despite government
BEST AND MMC guarantees since the payment risk is quite high. Considerable
all-round improvement in the working of ULBs and in
Sriraman and Mukhopadhyay (Section 8.3) takes a look their financial capacity are necessary before they can
at the budgeting processes in one of India’s best run successfully raise money in financial markets at reasonable
municipal corporations—Mumbai. Even in this quick costs. They need to be able to generate resources to service
analysis it is evident that the budgeting processes, the such borrowings. The problem is not so much with the
structure of the board and the organization, and the nature financial markets, though a certain degree of financial
of the interface with the government are crucial to engineering of the instruments such as pooling and bundling
performance. The Bombay Suburban Electric Supply and could have helped. Securitization and open rating of
Transport Undertaking (BEST) because of its professionalism municipalities rather than of bond issues alone would help
is able to keep at bay dysfunctional interference that could to bring about greater transparency and market
have derailed its commercial orientation. But there are development. Liquidity in the market can be developed
strong pressures. It is no longer financially self-sufficient. through buy-back arrangements and increase trading levels.
The limits to cross-subsidizing road transport with surpluses Standard accounting practices, commercial type audits,
from electricity have been reached, as electricity itself has ratings and enhanced provision of information are necessary
become a problematic. As financial independence gets for the market to develop.
eroded so would organizational independence and The contrast with the situation in the US is stark. There
professionalism. municipal bonds are an important component of the
14 India Infrastructure Report 2003

financial market and provide an opportunity for long-term diluted the standards of cost recovery. Vaidyanathan
investments by pension and other funds. The bankruptcy highlights, ‘Thus the interest charges to be received from
processes that enable quick settlement of claims, the the beneficiaries was lowered from 2.5 per cent of investment
professional management of municipalities, responsibility recommended by the Fifth Finance Commission to 1 per
embedment and significant local generation of resources cent by the subsequent two Commissions.’ To move towards
make local bodies capable of raising funds in the market cost recovery ‘fairness also requires that users are charged
at very low premiums above the rate on risk free assets. on the basis of investments required at reasonable levels of
Pooling and securitization are additional features that create efficiency. This implies that investments in ongoing projects
liquidity in the market. The US experience underlies the which are yet to begin delivery of water must be excluded
urgent need for reforms in India. in the forming of rates. Vaidyanathan adds that, ‘users must
not be required to bear the cost of overcapitalization due
to over design, poor design, and inefficiencies/leakages in
RURAL INFRASTRUCTURE construction.’ It is necessary to have indexation with the
Importance of Irrigation Pricing price level and a convergence profile. Even if the recovery
today is partial, the method must lead to full cost recovery
Getting irrigation pricing right is perhaps the starting point in old projects over time.
for infrastructural pricing reform. Farmers in most parts
of the country with canal irrigation get water at prices that People’s Involvement
do not even cover the operations and maintenance (O&M)
costs. The rates for full cost recovery would be far below Rath (Section 9.2) reports the situation on water users’
the rates at local water markets when these exist, and much associations (WUAs) in Orissa. He brings out the
below the marginal product of water. Several irrigation remarkable success in efficient irrigation management that
pricing enquiry committees had recommended convergence came with the introduction of the Pani Panchayats (PPs),
to full cost recovery. The last committee in 1994 headed or Water Users’ Associations (WUAs) which managed the
by A. Vaidyanathan also made this recommendation, but lower distributories and the distribution of water. Farmers
went further to suggest ways to bring about the same. Even have reported economic and other intangible benefits such
electricity reform gets linked to the pricing of canal water. as better access to officials, reduced political and
As we brought out in IIR 2001, the farmer without access bureaucratic interference in the working of irrigation
to canal water would demand electricity subsidy to avoid distribution, and, most importantly, a sense of camaraderie
discrimination. The committee suggested handing over the and ownership of the network. PPs have fostered a major
management of irrigation networks below the main canals organizational development that has the potential to take
to farmers and their suitably organized cooperatives. The up common property and collective issues without coming
costs of O&M in maintenance of distribution networks up against the free-rider problem.
can be passed on and they would have automatic incentives
to manage it efficiently. They would also have the advantage But Collections?
of using low cost methods for maintenance including the Efficiency in water use has gone up significantly. This is
use of self labour and supervision. reflected in improved yields, better cropping patterns and
greater availability of water. Wastage from the canals have
Large Implicit Subsidies
reduced by about 80 per cent. A major allocative efficiency
That agenda is taken further by Vaidyanathan (Section 9.1) gain has come with the freedom of the farmer to choose
in the context of the current fiscal crisis. Irrigation accounted his cropping pattern. While all these gains have been
for Rs 14,000 crore of subsidy which is about an eighth realized, farmers have resisted paying for the use of water.
of all subsidies (implicit and explicit) in the economy. The design probably did not build payment and recovery
Implicit subsidies were about 12–13 per cent of GDP and of user charges integrally into the model. Currently, the
direct subsidies about 2 per cent. Water and irrigation threat of stopping the supply is not credible enough. The
development had been priced adequately under the British District Magistrate (DM) has little incentive to collect the
so that financial sustainability of the irrigation works was water revenues once his revenue target is reached from all
not a problem. Under planning, and later as the ‘redistribution’ other economic activities. Differential recovery leads to a
agenda emerged at the forefront of state policy during the sense of unfairness and resistance to pay up. Credible full
stagnation period (1965–79), the state moved away from collection, even if this means high initial collection costs,
cost recovery despite the warnings from several expert is the feasible solution since the gains to the farmers are
committees. The successive Finance Commissions though quite obvious.
Overview 15

RIDF and ‘Off-Budget’ Expenditures completion risk is on the contractor. Just as in any other
country, good policy and framework does work in India.
The Rural Infrastructure Development Fund (RIDF) is an
Rastogi in Chapter 3 brings out the developments in
‘off-budget’ arrangement to continue to fund the state
infrastructure sectors over the years.18
governments’ their capital formation activities in the
infrastructure sector. The opportunity came because the
Delhi Vidyut Board Privatization
commercial banks, as a whole, could not meet their directed
targets of lending to the agricultural sector. The attempt Other developments have been the privatization of the
was to direct these resources to complete projects which Delhi Vidyut Board. Here the state’s electricity distribution
were near completion but awaiting funds. Hence, the has been privatized with a commitment on the part of the
marginal return to these investments have been very high. distributor to reduces losses. If the distributor reduce
But that does not imply that the scheme as such will losses beyond the agreed target, he keeps a certain
significantly improve project implementation. State proportion of the money so made. This is a powerful
governments have an incentive to pay back since it is like incentive to bring down leakages. Uniform retail tariffs are
‘ponzi’ finance. Hence, 100 per cent recovery is not an a solution to ensure against leakage and provide the correct
indication of the soundness of the scheme. In any case, information to the regulator. But the problem of having
financing is entirely guaranteed by the state governments. the reform strategy entirely right for Delhi is less critical
Similarly, the high returns at the margin does not indicate than it is for other states with agricultural load. We have
soundness of a scheme. Overall delays and cost overruns contended that the only workable solution to the problem
even on the part of the project covered by the RIDF have of electricity distribution in states with significant
been substantial. The claim that a high level committee agricultural load is the complete separation of subsidy from
monitors the projects does not mean better management the commercial management. This is by directly giving the
of the projects. Nevertheless, a certain allocative efficiency subsidy to the farmers (Morris, 2001).
may have come into the sanction and disbursal of RIDF Sinha (Section 10.1) reviews the Delhi and Karnataka
funds, since the very poorly performing states have not got privatizations in detail and concludes that the distribution
the funds as projects have to be initiated by the state margin ‘privatization needs to be preceded by a pre-
government. Albin and Morris (Section 9.4) cover these transition privatization phase, which can used to bring
issues. about risk mitigation’. In his view meaningful privatization
would be possible only with progress in metering, billing
OTHER SECTORS and collection, reduction of cross subsidies, non-interference
in tariff matters, and transfer of the irrigation load to a
Correct Designs Do Work separate organization.
Getting the policy and design right is half-way towards VSNL Privatization
winning the battle. In a difficult area it is gratifying to
report that NHAI got the NHDP right, and has been able Tariffs in telecom have fallen dramatically as competition
to put together a scheme with a reasonable incentive and the force of technology have worked. Many of the
alignment better than anything before. As a result the more aggressive players are at a point where the consumer
national highways, especially the Golden Quadrilateral, has side network economies (of being connected) have begun
become a reality. The key to the development was: to operate. The network would, therefore, grow very
rapidly. But interconnect remains a problem and MTNL,
1. The imposition of a cess on fuel to finance road
BSNL and other players, including mobile players, need
development and its allocation credibly for the purpose.
to be opened up for interconnect of competitors’ lines,
2. The contract design that makes it necessary for an
at rates that are fair and no higher than for own use. The
‘independent engineer’ to verify the quality and quantity
regulator would have to declare the rules and the rates,
of the construction.
rather than wait for any framework to come from the
3. The somewhat better incentives for the contractor
government. Jain (Section 10.5 ) traces the events leading
to build the road to the correct specifications.
to and following the privatization of VSNL. The role of
The bulk of the NHDP is to be awarded on the above the Board in the post-privatized situation is an issue.
basis. The build, operate, transfer (BOT) contracts on an
annuity basis are more interesting. Here there is a strong 18 We do not summarize this chapter here. The reader is advised
and direct relationship of the payment to the output of the to read Chapter 3 for a review of the events in infrastructure during
BOT operator. In both modes the construction and the year.
16 India Infrastructure Report 2003

While the privatization has possibly been the best under administrative decisions over which the Railways seem to
the circumstances, the possibility remains that ‘public have little control. Similarly, the pricing and cross-subsidies
floatation of the stock might have lead to better values for which are known to be very large can hardly be estimated
VSNL had it been prepared for privatization’. But if quick given the non-transparent methods followed and the lack
privatization was the objective the strategic sale approach of appropriate accounts and measures. Perhaps one of the
cannot be faulted. least known aspects is the cost of the Railways policy of
giving free travel passes to their employees and pensioners.
Irrational Tolling Given the very large numbers of people who are employed
and the generous number of times they and their families
In the case of the Coimbatore by-pass toll road,
can travel, the value of the traffic lost as a result is close
inappropriate bundling at a time when BOT meant tolling
as the only source of revenue, caused major problems. The to 13 per cent.
bundling lead to the inclusion of a much-used bridge well Much is wrong with the Railways’ investment and
within the city for tolling. Citizens vehemently opposed toll expenditure processes. Their are highly politicized and
collection on the bridge. The problem was compounded have moved far from both social and financial optimality.
by the lack of flexibility of the operator to alternative The author makes many suggestions that can improve the
arrangements, and the inability of the state to impose a functioning of the railways and bring about expenditure
contract against the will of the people. The case flags an accountability such as commercial orientation, greater
important issue—that of tolling limitations. Already truckers autonomy to the board, flexible pricing, full utilization of
opposed to tolls point to the high share of tolls in their all assets, usage of trains as marketing platforms, usage of
operating cost. railway lands, and going after the better paying customers.

Solid Waste Management CONCLUSION


Varkkey (Section 10.3) discusses the case of a modern Bringing about expenditure accountability is a continuing
solid waste development project. The case brings out task. A paradigm shift in the expenditure process that
several hurdles that a project can encounter—urban– gives adequate incentives for proper management of
rural or local–city divide, environmental and labour expenditures and elimination of the incentives that favour
problems. Additionally the unanticipated use of the garbage wastage is urgently necessary. That would inter alia mean
and the payoffs from it to employees of the Trivandrum moving away from the current system of plan allocations,
Municipal Corporation meant that they stood to lose if dual budgeting and the incremental basis. We have
the garbage was treated! Nothing better illustrates the highlighted the importance of decentralization within
pitfalls in pursuing a project, even a technically sound government, powers that match the tasks assigned, more
one, if it is not contextualized and the stakeholders are flexible and scientific procurement processes, incentive
not involved. compatible delegation and inter-governmental fiscal
relationship compatible with expenditure control,
Reforming the Railways transparency in budgeting, bringing to the fore the much
abused ‘off-budget items’. A workable movement towards
Raghuram (Section 10.4) reviews the budgetary processes this would have to be combined with privatization and
within the Railways bringing out several dysfunctionalities, a greater role for the private sector where its has
adding to those already pointed out by Sriraman in Section comparative advantage. In conjunction, there is also a
5.3. Dividends, investments, and fund raising through the need for activist strategies that take private investment
IRFC are non-transparent, politically influenced forward through PFIs.
Overview 17

REFERENCES

Morris, S. (2001), ‘Issues in Infrastructure Development 3iNetwork (2001), India Infrastructure Report 2001:
Today: The Interlinkages’, in 3iNetwork, India Infrastructure Issues in Market Structure and Regulation, New Delhi:
Report 2001: Issues in Market Structure and Regulations, Oxford University Press.
New Delhi: Oxford University Press. 3iNetwork (2002), India Infrastructure Report 2002:
Morris, S. (2002), ‘The Challenge of Governance in Governance Issues for Commercialization, 3iNetwork, New
India’, in 3iNetwork, India Infrastructure Report 2002: Delhi: Oxford University Press.
Governance Issues for Commercialization, New Delhi: Oxford Upadhyay, Videh (2002), ‘Panchayats and Paper Laws—
University Press. Simmering Discontent on 73rd Amendment,’ (EPW
Commentary), Economic & Political Weekly, July 20.

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