Third, it is being alleged
that the valuation procedure that yielded the undeclared reserve price
below which the government was not willing to sell has neither been
transparent, nor undertaken by qualified valuers capable of valuing
the plant and machinery of the company and the bauxite mines that it
has on lease. Keeping the reserve price a secret and declaring that
the Sterlite bid was in keeping with the reserve price, only further
fuels suspicion. A more transparent procedure would have been to declare
what the minimum bid that the government would consider is, based on
its independently-conducted valuation.
Fourth, the whole procedure
has been gone through in much haste. Even though the bids had been invited
sometime back, the valuation of the firm, the setting of the reserve
price and the acceptance of Sterlite's bid was allegedly done within
a month's time. Leaked evidence of undue haste has accumulated,
questioning the government's claims of transparency in the execution
of the deal.
Finally, the deal allegedly
violates a Supreme Court order banning private sector units from running
mines and industries in tribal areas. To circumvent this obstacle, the
government had ostensibly been contemplating a change in the law, which
has not actually been gone through with.
All of this has generated
opposition to the deal to divest a controlling stake in a profit-making
public sector unit at what is considered a throw away price. At the
time of writing it appears that the deal may not be finalized because
of this opposition. Clearly, a combination of an inappropriate procedure,
undue haste and unwarranted secrecy have created a veritable mess. The
question that remains is why the BJP was willing to go through with
this procedure even at the expense of alienating some of its NDA allies.
The announcement of the sale close to the end of fiscal
2000-01 and just before the release of the Economic Survey and presentation
of the Budget suggests that two different motives have guided the government's
actions. The first, of course, is the need to garner some resources
through public sector equity sale, so that the "revenue" side
of the budget can be padded to some degree, even if not to the tune
of the Rs.10,000 crore projected to be yielded by privatization in Budget
2000-01. In fact, given the haste with which the BALCO deal was finalized
and the fact that fiscal 2000-01 runs till March-end, it was likely
that. if the opposition to the BALCO deal was not as strong, a couple
of more deals among the many that are 'pending' may have been
pushed through. But that haste and the procedure seems to have made
any such new effort difficult.
The second motive appears to be the need to establish
that the government is serious about pushing ahead with "economic
reform" and implementing its intentions to privatize the public
sector. Those intentions have not only been declared repeatedly by official
spokesmen, but have been made one of the principal steps forward on
the economic policy front by the Economic Advisory Council to the Prime
Minister and the authors of the recently released Economic Survey. If
those declarations were to be taken seriously, a major thrust on the
disinvestment front was called for. After all, the recommendations of
the now-dissolved Disinvestment Commission have been circulating for
a while, a whole ministry has been created to deal with disinvestments
and successive budgets have set over-ambitious targets for resources
to be garnered from privatization.
Driven by these motives, the government has chosen
to push through the deal on two grounds. To start with, it argues that
the Sterlite offer exceeds that warranted by a reasonable projection
of future revenues and indicates that the company is willing to pay
a premium for the controlling stake it is being offered in a major player
in the aluminium market. Further, much is being made of the fact that
Sterlite's offer was more than double the competing bid from rival
HINDALCO. What is ignored by this reasoning is that both what the market
is willing to offer or the net worth computed on the basis of projections
grounded on the current profits of public sector undertakings would
not constitute sums which make any privatization exercise worthwhile.
Private investors looking for bargains would use valuation procedures
which would short change the government. The fact that HINDALCO was
willing to offer only half of the undervalued Sterlite bid, only goes
to prove this point rather than establish the fairness of the Sterlite
offer. This makes difficult to economically justify all but the most
unprofitable public sector units. But those are the very companies that
no private sector buyer would even consider. Given this, the government
should give up its stubborn advocacy of privatization on grounds that
have not been supported by the experience in areas like the airline
and cellular and basic telephony industries. Instead it should return
to implementing plans to reorganize, modernize and expand profitable
public sector undertakings, since successful completion of that task
would yield revenues for the exchequer that are many multiples of the
interest revenue it can garner by investing the proceeds from privatization
or save by using it to retire accumulated public debt.