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Post Info TOPIC: Coal, Oil Scam- Loss 10.9 Lakh Crore


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Coal, Oil Scam- Loss 10.9 Lakh Crore
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Coal scam cag 171111125_1



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coal scam 20120323a_008101014

coal scam 23_03_2012_002_008



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நிலக்கரி ஏலம் விடாததால் ரூ10 லட்சம் கோடி மத்திய அரசுக்கு இழப்பு: தணிக்கை அறிக்கையில் திடுக் தகவல்!

 
டெல்லி: நிலக்கரி இருப்புகள் வர்த்தக நோக்குடன் ஏலம் விடப்படாததால் அரசுக்கு ரூ. 10 லட்சம் கோடி இழப்பீடு ஏற்பட்டதாக மத்திய தணிக்கை அறிக்கையில் கூறப்பட்டுள்ளதால் மத்தியில் ஆளும் ஐக்கிய முற்போக்கு கூட்டணி அரசுக்கு சிக்கல் ஏற்பட்டுள்ளது.



ஸ்பெக்ட்ரம் ஒதுக்கீடு விவகாரத்தி்ல் ஏற்பட்ட இழப்பீட்டை கூடுதலானது இழப்பு என்பதால் பரபரப்பினை ஏற்படுத்தியுள்ளது.

மின்சார உற்பத்திக்காக அனல்மின்நிலையங்களுக்கு தேவையான நிலக்கரி வர்த்தக ரீதியாக , அரசிற்கு சொந்தமான சுரங்கங்கங்களிலிருந்து ஏலம் விடப்படுகிறது. இவ்வாறு ஏலம்விடப்படாமல் கடந்த 2004-ம் ஆண்டு முதல் 2009-ம் ஆண்டு வரையிலான காலத்தி்ல் அரசுக்கு ரூ. 10.7 லட்சம் ‌கோடி இழப்பீடு ஏற்பட்டதாக மத்திய தணிக்கை ஜெனரல் (சி.ஏ.ஜி) கூறியுள்ளது. இது தொடர்பாக சி.ஏ.ஜி. வெளியிட்டுள்ள 110 அறிக்கையில், கூறப்பட்டுள்ளதாவது:

நாடு முழுவதும் அரசிற்கு சொந்தமான 155 நிலக்கரி சுரங்கங்கங்களிலிருந்து நிலக்கரி வெட்டி எடுக்கப்பட்டு , அனல்மின்நிலையங்களுக்கு மின் உற்பத்தி மற்றும் சிமெண்ட் உற்பத்திக்காக வர்த்தகரீதியில் ஏலம் வாயிலாக விற்கப்படுகிறது. இதில் தனியாருக்கு ஏலம் விடப்படாமல் ரூ.4.76 லட்ம் கோடியும், அரசு பயன்பாட்டிற்கு ஏலம்விடாமல் ரூ. 5.88 லட்சம் கோடி என ரூ.10.7 கோடி வருவாய் இழப்பீடு ஏற்பட்டுள்ளது. இந்த வருவாய் கடந்த 2004-ம் ஆண்டு முதல் 2011--ம் ஆண்டு மார்ச் 31-ம் தேதி வரை கணக்கிடப்பட்டுள்ளது என்று அந்த அறிக்கையில் கூறப்பட்டுள்ளது.


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ஸ்பெக்ட்ரம் ஊழலைவிட 6 மடங்கு பெரிய ஊழல் எரிசக்தி துறையில். தணிக்கை துறையின் அதிர்ச்சி தகவல் !

 
resize_20120322031321.jpg மத்திய கணக்கு தணிக்கை துறையானது மத்திய-மாநில அரசுகளின் நிதி ஒதுக்கீடு மற்றும் வரவு-செலவு விவரங்களை ஆய்வு செய்து அதில் நடந்துள்ள குற்றம் குறைகளை சுட்டிக்காட்டி வருகிறது. 
சில ஆண்டுகளுக்கு முன்பு மத்திய தொலைத்தொடர்பு துறையில் தனியார் செல்போன் நிறுவனங்களுக்கு ஸ்பெக்ட்ரம் ஒதுக்கீடு செய்ததில் மத்திய அரசுக்கு ரூ.1 லட்சத்து 76 ஆயிரம் கோடி இழப்பு ஏற்பட்டதாககுற்றம் சாட்டியது. 

இதுபற்றி சி.பி.ஐ. விசாரணைக்கு உத்தரவிடப்பட்டது. இந்த வழக்கில் முன்னாள் தொலைத்தொடர்புத்துறை மந்திரி ஆ.ராசா கைதாகி ஒரு ஆண்டுக்கும் மேலாக சிறையில் இருக்கிறார். அவரைத் தொடர்ந்து தொலைத் தொடர்புத்துறை அதிகாரிகள், தனியார் டெலிகாம் நிறுவன அதிகாரிகள் கைதாகி ஜாமீனில் விடுதலையானார்கள். 

ஸ்பெக்ட்ரம் முறைகேடு பணம் ரூ.200 கோடி கலைஞர் டி.வி.க்கு கைமாறிய குற்றசாட்டின் பேரில் அதன் பங்குதாரர் கனிமொழி எம்.பி., நிர்வாக இயக்குனர் சரத்குமார் கைது செய்யப்பட்டனர். 

நாட்டின் வரலாற்றிலேயே இதுதான் மிகப்பெரிய ஊழலாக பேசப்பட்டது. ஆனால் இதைவிட மத்திய அரசின் எரிசக்தி துறையில் நிலக்கரி ஒதுக்கீட்டில் இமாலய முறைகேடு நடந்து இருப்பதை மத்திய கணக்கு தணிக்கை துறை கண்டுபிடித்து அறிக்கையாக வெளியிட்டுள்ளது. 

இதில் அரசுக்கு ஏற்பட்ட இழப்பு ரூ.10.7 லட்சம் கோடி என்று மதிப்பிட்டு உள்ளது. இது ஸ்பெக்ட்ரம் முறைகேட்டை விட 6 மடங்கு பெரியதாகும். 

மத்திய அரசின் எரிசக்தி துறையானது நிலக்கரியை தனியார் நிறுவனங்களுக்கு டெண்டர் மூலம் விற்பனை செய்கிறது. மொத்தம் 155 தனியார் நிறுவனங்கள் நிலக்கரி ஒதுக்கீடு பெற்று வருகிறது. இதில் கடந்த 2004 முதல் 2009 வரையிலான காலகட்டத்தில் டெண்டர் இல்லாமலேயே நிலக்கரி ஒதுக்கீடு செய்யப்பட்டு இருக்கிறது. 

இதன்மூலம் பிரபலமான 100 தனியார் நிறுவனங்கள் ஆதாயம் அடைந்துள்ளன. குறிப்பிட்ட சில நிறுவனங்களுக்கு அப்போதைய சந்தை நிலவரப்படி விலை நிர்ணயம் செய்யாமலும் டெண்டர் இல்லாமலும் வெளிப்படையாக விலை நிர்ணயம் செய்து நிலக்கரி விற்பனை செய்யப்பட்டு உள்ளது. 

இதனால் தனியார் நிறுவனங்கள் பெருமளவில் ஆதாயம் அடைந்துள்ளன. இந்த வகையில் அரசுக்கு ரூ.10 லட்சத்து 70 ஆயிரம் கோடி இழப்பு ஏற்பட்டுள்ளதாக கணக்கு தணிக்கை துறை குற்றம் சாட்டியுள்ளது. 

இந்த முறைகேடு புகாரில் டாடா ஸ்டீல், ஜிண்டால் ஸ்டீல் பவர், ஆதித்ய பிர்லா குரூப் நிறுவனங்கள் பூஷன் ஸ்டீல், ஜெய்பாலாஜி, ராஷ்மி சிமெண்ட்ஸ், சத்தீஷ் கர் கேப்டிவ் கோல், உள்ளிட்ட பிரபல தனியார் நிறுவனங்களின் பெயர்கள் இடம்பெற்றுள்ளது. 

ரூ.1.76 லட்சம் கோடி இழப்பு ஏற்படுத்திய ஸ்பெக்ட்ரம் முறைகேடு வழக்கு விசாரணை இன்னும் முடிவடையவில்லை. அதன்பிறகு இஸ்ரோவில் எஸ்பேண்டு அலைவரிசை ஒதுக்கீட்டில் மிகப்பெரிய ஊழல் நடந்ததை மத்திய கணக்கு தணிக்கை துறை வெளிச்சத்துக்கு கொண்டு வந்துள்ளது. இந்த முறைகேடு விசாரணை இன்னும் ஆரம்ப கட்ட நிலையிலேயே இருக்கிறது. 

தற்போது நிலக்கரி ஒதுக்கீட்டில் ரூ.10.7 லட்சம் கோடி முறைகேடு நடந்து இருப்பது நாட்டையே அதிர்ச்சிக்குள்ளாக்கி இருக்கிறது. 


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Govt releases bits of CAG letter to deny TOI report on Coalgate

An Initial Draft So Misleading,Says Vinod Rai 

TIMES NEWS NETWORK 

New Delhi: The government on Thursday sought to play down this papers report of March 22 which stated that the Comptroller and Auditor General had estimated in its 110-page draft report that the coal ministrys decision to award 155 coal acreages without competitive bidding had led to undue benefits of Rs 10.67 lakh crore to private and public firms.
With the report creating a storm in Parliament,leading to adjournment of both Houses,the Prime Ministers Office issued a press release quoting from a letter the Prime Minister received from the CAG,Vinod Rai,at 1.30pm.
The release quotes just one paragraph from Rais three-page letter that too only in part to say the details being brought out were observations which are under discussion at a very preliminary stage and do not even constitute our pre-final draft and hence are exceedingly misleading In fact,it is not even our case that the unintended benefit to the allocatee is an equivalent loss to the exchequer.The leak of the initial draft causes great embarrassment as the Audit Report is still under preparation.Such leakages cause very deep anguish. 
Officials in the PMO declined to release the CAGs full letter,but later in the day,TOI was able to access a copy of the original.The tone of letter is at some variance with what the press release had sought to convey.This paper is reproducing in full the PMOs press release where it quotes from the CAGs letter as well as the entire text of the CAGs letter to the PM (see Page 16).
About 90% of the CAGs letter actually deals with the subject of news leaks.It starts by saying,Naturally leakage of this draft report may attract an allegation that the CAG leaks.It would console me immensely if the source of the leak is investigated As I had stressed earlier in my letter to you on July 5,2011,I am not in a position to repudiate such an allegation as the leak could have been from my office or from the department to which this draft report was made available on 28.02.2012. The department being referred to is the coal ministry.

Full letter tells different story 




Sanjay Datta & Pradeep Thakur TNN 



A reading of the full text of the CAGs letter,a copy of which is with TOI (see P16),raises several questions.The PMO release quotes the CAG as saying that after the coal ministry gave clarifications in exit conferences held on February 9 and March 9 this year,we have changed our thinking Interestingly,the PMO release chose to leave out the rest of the sentence,which goes on to say,on the expression as in many cases the profits have not begun to accrue. The expression in question is windfall gain.The full sentence makes it clear that the change in thinking is restricted to whether that expression should be used,because profits have not actually accrued in several cases a point that the TOI report had made.
There appears to beno rethink on CAGs part on whether those allocated coal blocks have gained.This becomes clear from another sentence in the CAG letter that immediately follows the one quoted above.It says,In fact,it is not even our case that the unintended benefit to the allocatee is an equivalent loss to the exchequer. This sentence acknowledges that the allotees have gained even if the benefits are unintended.
While CAG says the loss to government may not be equivalent to this gain,it nowhere suggests that there has been no loss to the exchequer.Indeed,the letter does not question any of the figures quoted by TOI from the draft report.
As for the TOI report being exceedingly misleading because it had taken observations at a very preliminary stage and published them,facts mentioned in both the draft report and the CAGs letter would suggest otherwise.The draft report details the process of the audit,which included close examination of the records of the coal ministry,the Coal Controllers Office and Coal India and its subsidiaries between September and November 2011.It then observes that the entry conference with CIL and its subsidiaries was held on 16 September 2011 and with MoC on 13 October 2011 and the exit conference was held on 9 February 2012. 
The report even has an acknowledgement which records the active cooperation and assistance provided by the coal ministry,CIL and CCO,which facilitated the completion of this performance audit.Does that sound like a very preliminary stage In fact,the CAG draft counters the coal ministrys defence,which the TOI report had mentioned.
The CAG letter says that this draft report was sent to the coal ministry on February 28,2012 and the last exit conference was on March 9.That raises an obvious question: How preliminary could a report be if presented just nine days before the last exit conference It also begs the question: what paradigm-changing input might the coal ministry have provided on March 9 after several months of discussions had failed to convince the CAG as is evident from the draft report If the ministry had such a persuasive argument,why did it not present it at an earlier stage of the process



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COAL MINES 26_03_2012_012_005



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CAG takes on coal minister,says we dont make basic mistakes 

Processes Go Down 3-4 Layers 

Pradeep Thakur TNN 

New Delhi: The Comptroller and Auditor General (CAG) of India,Vinod Rai,on Tuesday trashed the suggestion that the federal auditors estimate of losses caused by the governments failure to auction coal blocks was fallacious or erroneous.
We are incapable of making fundamental errors as being discussed in media.Our report will make clear all doubts on fallacies (that are) being talked about, Rai said while speaking at a seminar on Public Accountability and the Role of CAG,organized here by the Institute of Public Auditors of India (IPAI).
Vinod Rais remarks came a day after coal minister Sriprakash Jaiswal was reported to have dismissed CAGs estimate of.10.7 lakh crore in windfall gains for companies that were given coal blocks as notional and imaginary.
Earlier,on Saturday,finance minister Pranab Mukherjee had made light of CAGs estimates,saying that the auditor changes 90% of its draft reports after factoring in the governments explanations.
Rais strong defence of CAG would indicate that its final report may not be very different from its draft report.Rai scoffed at the idea of government auditors arriving at figures casually,only to junk them later.We are acclaimed internationally for our balanced reporting.Our officers are well-trained and are so fundamentally strong that they dont do any basic errors.All our audit processes go down threefour layers;so there is no scope for any mistake, he said.
The remarks of CAG confirm the estimate in knowledgeable circles that the draft report reported first by TOI on March 22 was prepared on the basis of detailed calculations and after detailed discussions with the coal ministry and,hence,was unlikely to be drastically altered.
On Tuesday,Reuters quoted CAG officials to say that the final report would be close to the draft reported by TOI (see Page 12).
Speaking at the seminar,Rai seemed angry over suggestions that the figures put out by CAG were products of lazy arithmetic.They (CAG auditors) are the best in the world.Both developing and developed countries send their auditors to train with us at our academies, he said.

COALGATE : WE ARE THOROUGH 


CAGs estimate of Rs 10.7 lakh crore in windfall gains for companies is notional and imaginary 

Sriprakash Jaiswal | COAL MINISTER 


We are incapable of making fundamental errors as being discussed in media.Our report will make clear all doubts on fallacies being talked about 

Vinod Rai | CAG,IN RESPONSE 



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CAG didnt reduce its mandate,says Rai 


He added that the UN had chosen India over the UK to audit its accounts and policies,even though the British auditors were costing less.
Rai denied the charge that CAG had reduced its mandate to a fault-finding agency,while insisting that the auditor cannot but draw attention to shortcomings in the implementation of policies.We are not in the business of finding faults.But when we detect some loopholes during the process of audit,we advise the executive to plug those loopholes.This is important for making the delivery mechanism robust and to ensure that government spending reaches the intended beneficiaries, he said.
Rai repeated his complaint about lack of cooperation from the government leading to delay in the finalization of reports.CAG had mentioned the same in his letter to the PM,although PMO had glossed over it while releasing selected extracts of auditors letter to rebut the TOI report.Rai said government often drew on CAGs expertise while framing policies.The government has been consulting us on policy formulation because we have holistic experience,being part of various advisory bodies.We are also consulted by the planning commission, he added.
Government formulates policies and implements it.In the course of its expenditure we see if the money is spent for the right purpose for which the policy was legislated, Rai said.He added that CAG also gives credit to the government where it is due: We highlight innovative measures taken by the government that improves governance.


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Coalgate: Tata-led Investment Commission favoured auction of coal blocks

 

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Tata-led Investment Commission favoured auction of coal blocks

PTI / Tuesday, March 27, 2012 18:46 IST

In the backdrop of draft Comptroller and Auditor General (CAG) report estimating huge losses to exchequer in coal blocks allocation, Tata Sons on Tuesday said the Investment Commission headed by Ratan Tata recommended bidding of the mines to prevent hoarding.

"The commission's proposals categorically were for bidding, more productive usage of coal blocks and measures to prevent hoarding and to ensure competitive usage," Tata Sons said in a statement in Delhi.

The three-member Investment Commission set up by government also comprised noted banker Deepak S Parekh and industry leader Ashok S Ganguly.

The Commission which had worked between December 2004 and December 2009 had given 1,400 recommendations on increasing investment in infrastructure, manufacturing services and the knowledge economy.

According to Tata Sons statement, the Commission headed by its group chief had recommended that investment in coal mining should be enhanced through bidding of blocks and inducement of competition through 'use or lose' policy.

Even in the power sector, the Commission recommended establishment of 25-30 sites for mega projects for a total of 35,000mw with an investment of over $30 billion through competitive bidding on tariffs.

It also suggested carving out specified viable mining blocks from Coal India Ltd (CIL) for captive exploitation.

Alternatively, CIL subsidiaries should be encouraged to induct strategic partners on production sharing basis.

The private sector participation was suggested on the model of bidding in the oil blocks.

The government's policy of allocating coal blocks without auction has come under severe criticism in and outside Parliament after a draft CAG report put the losses to exchequer on this count at Rs10.67 lakh crore.

URL of the article: http://www.dnaindia.com/india/report_tata-led-investment-commission-favoured-auction-of-coal-blocks_1668177-all

Ratan Tata Led Investment Commission presents Report to FM

07 July, 2006

The Finance Minister, Shri P. Chidambaram had a meeting with the Investment Commission headed by Shri Ratan Tata, here today. The Investment Commission Summary will be available on the website of the Ministry of Finance (www.finmin.nic.in). The following is the executive summary of the report:-

India has achieved impressive GDP growth of over 7% per annum in the last few years. However, sustaining growth at over 8% per annum will require a significant increase in investment levels in the economy - from approximately 30% of GDP to about 34% of GDP[1]. Over the next 5 years, this translates to a cumulative investment of over $ 1.5 trillion. The report undertakes to define a strategy that could enable India to achieve this investment goal. While expansion of domestic investment is essential to achieve this goal, FDI, which has been stagnant at about $ 5 billion[2] in the past, also needs to be increased significantly - the Investment Commission has set itself the goal to increase the level of FDI to $ 15 billion by 2007-08.

To this end, 25 key sectors spanning Infrastructure, Manufacturing, Services, Natural Resources and the Knowledge Economy have been studied. They represent a significant part of the economy, and between them would require an aggregate investment of $ 525 - $ 550 billion over the next 5 years. The sector studies also identified past investment levels, plans/ forecasts for future investment, as currently visible, and identification of the deterrents to investment. 

Extensive investor interactions have provided key insights on policy and other impediments faced by investors. The Commission has interacted with industry bodies, associations, Ministries at the Centre and State level, business delegations and companies. Interactions also included meetings with business delegations from the US, UK, Italy, Japan and the Scandinavian countries with over 130 companies represented, altogether. Direct investor interactions (mostly personal meetings) were undertaken with an additional 64 international and domestic investors. 

Arising out of these interactions, projects were identified for facilitation/ support totalling to a likely investment of about $ 30 billion. Representations on policy/ procedures or other impediments were either resolved through reference to the Finance Ministry or have been incorporated in the recommendations in this report.

The major impediments to investment that span multiple sectors have been identified as:

1. Investment restrictions and/ or entry route barriers in several sectors of significant investment potential/ investor interest

2. Absence of long-term policies, non-implementation / reversal of policy and breach of contract

3.Lack of level playing field - especially in sectors with PSU dominance

4.Inflexible labour laws 

5. Many agencies engaged in doing the same or similar activities relating to FDI 

6. Bureaucratic delays, discretionary interpretation, vested interest, bias and subjective practices (In particular, approvals from Ministry of Environment & Forests seen as a major impediment in terms of inordinate delay).

7. Centre-State divergence on investment related policies

8. High cost of entry, transactions and exit; ineffective dispute resolution

9. Poor infrastructure

10. Priority Sectors are not clearly identified/ specified

Based on the investment goals and the identified impediments, a set of broad recommendations have been made which could facilitate and improve the investment climate. These are listed below: 

1. Remove/ reduce restrictions on sector caps and entry route on all sectors other than those considered "strategic". Permit "automatic route" for all investments within the sector cap.

2. Provide labour flexibility by removing the requirement of State Government approval from Chapter V-B and permitting Contract Labour in all areas 

3. Promote SEZs for key sectors. Redefine norms on the basis of scale, investment quantum/ levels and sector focus. Separate the Developer of the SEZ from the Occupants 

4. Provide a level playing field in sectors with PSU dominance - establish an Independent Central Regulatory Commission headed by a Chief Commissioner appointed by the President or the Prime Minister with independent Regulators for each regulated sector 

5. Provide long term visibility and consistency of policy 

6. Improve business environment - reduce number of procedures and approvals; make all approvals time bound and non-discretionary 

7. Eliminate scope for discretionary interpretation to stem corruption - update key laws and statutes using Study Groups or Committees (with Government and Industry participation) to reflect this 

8. Establish effective mechanisms to resolve centre-state issues - establish an Empowered Committee framework (as done for VAT implementation) for implementation of key policies that require Centre-State cooperation such as Power sector reform, Labour law reform, Urban Land reforms (including ULC Act), APMC amendment 

9. Other Recommendations 

Create a special high level fast track mechanism for priority sector projects 

Enhance availability of skilled manpower for sectors like Biotechnology, Automotive Engineering, Textile Engineering, IT - establish new private educational institutes with international collaborators 

Facilitate upgradation of Urban infrastructure by having a directly elected Mayor in key cities - as is the case with major cities in China and the USA. 

Establish a single point contact at the Centre to implement policies and procedures to enhance investment as well as facilitate high value projects across Ministries and Departments.

In addition, recommendations have also been made for specific sectors - Energy, Civil Aviation, Telecom, Metals and Mining, Textiles and Garments, Auto and Auto components, Food and Agro processing, Financial Services, Real Estate & Construction, Tourism and IT / ITES.

As the next phase of taking investment levels to a higher plane, the Investment Commission recommends:

1. The creation of National Thrust Areas - where the Government removes all impediments and provides special incentives for a pre-determined time period in order to achieve a specified growth. These could include Tourism, Power, Textiles and Agro-processing. 

2. The hosting of Mega Events which will focus the country's attention on infrastructure development while also building national pride. Some ideas are: 2010 Commonwealth Games, 2020 Olympics, Football World Cup, Formula One Racing etc.

Footnotes 

[1] Assuming an Incremental Capital Output Ratio (ICOR) of 4.0; while this is higher than the current ICOR of ~3.6, it is based on the assumption that greater investment in infrastructure and manufacturing will increase ICOR going forward

[2] Less than 10% of China's FDI(PIB)

http://www.indlaw.com/guest/DisplayNews.aspx?E218492D-914A-4B32-9F1E-2290CDB8C811

Is India in need of a new investment policy?
January 19th, 2010
Author: Rajiv Kumar, ICRIER

Last week Ratan Tata was reported to have said that the Investment Commission (IC), which he headed, should be wound up principally because of lack of follow-up on its recommendations. The commerce and industry minister was reported as saying that the government is likely to announce a new manufacturing policy by the end of March, and that in his view the share of the manufacturing sector in India’s gross domestic product should increase from the present 16 per cent to 25 per cent. Bravo!



But does India really need another brand new policy for the manufacturing sector to push up its growth rate? We already have the recommendations of the IC, most of which, according to Tata himself, have not been implemented. Not only that, we also have several reports, including the National Strategy for Manufacturing from the National Manufacturing Competitiveness Council, and a comprehensive set of recommendations in the industry chapter of the 11th Plan. Plus we have an assortment of recommendations in reports from think tanks and industry associations. Clearly, we can hardly complain about a dearth of ideas and recommendations to promote manufacturing growth. In fact, the attempt should be, as reflected in the simple four-point action agenda that I suggested on this here earlier, to drastically reduce the number of procedures and requirements and to focus attention on implementing the recommendations that address the most binding constraints. At the least, any new policy document would do well to include a list of recommendations received over the last five years and give us an action-taken report, including the recommendations that have been consciously rejected.

For example, it can be shown that with cumulative foreign direct investment (FDI) inflows in the last four years crossing USD 85 billion, we have already achieved IC’s recommendation of attracting USD 72 billion as FDI in the five years starting 2006-07, and also exceeded the annual target of USD 15 billion with FDI inflows crossing USD 27 billion in 2008-09. Yet, it seems only less than 40 per cent of these inflows are destined for the manufacturing sector in India, compared with more than two thirds in China. While not detracting from this amazing turnaround (FDI inflows in 2005-06 were hardly USD 5 billion and the total FDI in the previous decade was a mere USD 16.7 billion), we must ask ourselves how much of this was because of global factors such as investors trying to diversify country risk away from China, and the ‘good India story’ made to look even better in the context of the global recession, and what could honestly be attributed to measures taken to improve the domestic environment for FDI and investment, in general. Would it not be a fair assessment to say that the spurt in FDI flows during the last four years has happened despite the lack of any real reform and not because of them? One of the first steps, already in the pipeline it appears, would be to rationalise the number of press notes while putting them together and reduce them to a handful that can still address all major concerns.

At present, these press notes and other notifications, with their inevitably varying interpretations and the plethora of procedures and licences, create a virtual maze which can be tackled only by those who have ‘heels of iron’ to run around the corridors and ‘pockets of gold’ to pay the ‘consultants’ and lawyers. This restricts the pool to the large multinationals and excludes the small and medium foreign investors from the mid-west in the US or the Kansai region in Japan or the Ruhr in Germany, who are constantly on the lookout for cheaper locations and lower wages, pressed as they are in an increasingly competitive global markets. We could miss the opportunity of foreign investment moving out of China for a number of reasons, if we do not implement the necessary measures now. Already, Vietnam and Cambodia are attracting increasing volumes, while India’s actual and untapped potential for attracting FDI remains under-exploited. Is it an exaggeration to argue that proper follow-up and implementation of existing recommendations would help India surpass China as an investment destination, especially when Japanese firms are beginning to prefer India as an investment destination over China?

So it may be useful to focus attention on implementing some of the more critical reforms that have already been recommended rather than announce a new set of policy objectives. A focus on implementation will bring greater credibility for the government and immense relief to the investors. It will reduce the uncertainty facing the entrepreneurs and strengthen ‘animal spirits’. By contrast, announcing ‘dedicated investment and manufacturing zones’ as part of a new policy, for example, will only create one more scheme which will, most likely, be indistinguishable from several that already exist. It will create another set of enclaves, divert policy attention, fragment governance capacity and confuse potential investors. Will it not be far more fruitful to focus on follow-up, implementation and rationalisation than announce a new policy?


This essay is adapted from an opinion piece in the Mint, New Delhi.

Dr Rajiv Kumar is Director of the Indian Council for Research on International Economic Relations.

http://www.eastasiaforum.org/2010/01/19/is-india-in-need-of-a-new-investment-policy/


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Coalgate: Draft estimate was conservative 

TIMES NEWS NETWORK 

New Delhi: Top-level CAG sources have indicated that the draft estimate on allocation of coal blocks was conservative.They were based on an elaborate calculation that took account of mining costs and notified prices of Coal India Ltd (CIL) in a contiguous region,while assuming 90% extractable reserves and uniform behaviour of output,costs and prices over the 25-year life of the mining lease.
If CILs notified longterm prices for coal linkages were to be replaced by spot prices in e-auction or imports under open general licence,the numbers would jump to between three-fold and five-fold,the sources said.Also,if buoyancy in the rupee over the 25 years was to be assumed,the estimate would go up.
The sources also clarified why CAG Vinod Rai had written to the Prime Minister saying that the benefits to allottees may not mean an equivalent loss to the exchequer.They pointed out that any windfall gain was owing to discretionary allocation of coal blocks without charging any upfront price.But in the absence of any price discovery through an auction process,it could only be conjectured what the price would have been if an auction had taken place.
The sources explained why CAG had put a figure to the valuation of coal blocks when there were so many inherent uncertainties in the valuation as on a given date.Agreeing that a natural reaction to such uncertainties would be to avoid putting a number,the sources added that auditing norms required auditors to quantify the effects of any transgressions.
The practical approach is to suggest a figure to the entity being audited and arrive at some consensus on figures that could be considered fair and reasonable, an official said,adding that the responsibility for assigning a financial figure lies on the stewards of public property and not on the auditors who come in late in the game.
The sources expressed surprise that some economists had made fundamental errors like confusing a windfall gain over the 25 years of the life of the lease with the idea that this amount was gained over a six-year period from 2004 to 2009.
Reacting to comments that CAG had betrayed economic illiteracy in arriving at an estimate,an official said,Our brilliant economist is guilty of a literacy overreach as he is obviously ignorant of professional practices adopted by auditors the world over.

Pc0121300.jpg 
DIGGING THE DIRT 


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Final report backs revenue loss claim 

New Delhi: A report critical of the governments handling of a coal fields sale will not change substantially from a leaked draft that talked of $211 billion in lost revenues,sources said,after the government tried to downplay the findings.
Last week,the Comptroller and Auditor General (CAG) called parts of the draft exceedingly misleading and the PMO scrambled to quell the row,which sparked uproar in Parliament and stoked fears another major corruption scandal was about to break.
But two senior sources at the auditors office say the final report will be close in essence to the leaked copy.Normally our reports are not works of imagination.There is an elaborate system of verifying facts, said a senior official at the CAG.Another source at the auditors office said the final report may speak in terms of windfall gains to companies rather than lost revenues.
TOI published the draft on Thursday,saying coalfields handed out to private and state companies for small fees should have been auctioned for billions of dollars.REUTERS


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Draft blames states in coalgate scam 

Says Govts Played Key Role In Decision Making,System Lacked Transparency 

Sanjay Dutta TNN 

New Delhi: State governments with coal reserves played a key role in the distribution of acreages without bidding and,as the Comptroller and Auditor Generals draft report on allocation of 155 blocks notes,some of them expressed reservations over introduction of the competitive route.
The ministry of power and the state governments of Chhattisgarh,Rajasthan and West Bengal expressed their reservations on the implementation of competitive bidding for allocation of captive coal blocks, the draft report notes pointing out that broadly all other Central ministries and states supported the auction route.
The blocks under review were allocated by an inter-ministerial screening committee under the chairmanship of coal secretary.The government of states where blocks were being offered played a major role in the decision-making process.They were represented in the panel by a chief secretary-level officer.
Audit observed that this system lacked transparency,objectivity and allowed windfall gains to the allocattees (sic),the report notes.It also points how on September 25,2004,the then coal secretary highlighted different kinds of pulls and pressures experienced by the screening committee during the decision-making process... 
Till 2004,broadly this is how the process worked: An entrepreneur or private company identified a block and inks MoU with the government of the state where the acreages is located.The state government issued a coal use certificate and recommended to the coal ministry for allocation of the block.
Central government units approached the coal ministry through their parent ministries,while state governments recommended allocations to their own entities.
The coal use certificates and the proposals were then scrutinised by the pertinent Central ministry and put up before the screening panel.The states representative sat on the panel with the chief ministers recommendation.The applicants made a presentation on the project to the committee which took a final call.
Since 2006,the coal ministry tweaked the system and advertised blocks on offer to seek EoIs (expressions of interest) from Central and state utilities as well as private sector.But the CAG report notes,the coal secretary pointed out on July 30,2004,that the present system of allocation in the changed scenario,even with modifications,would not be able to achieve the objectives of transparency and objectivity in the allocation process.

Pc0101600.jpg 
The blocks under review were allocated by a screening committee under the chairmanship of coal secretary 
 


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Junior coal minister twice nixed auctions 

Sanjay Dutta TNN 

New Delhi: The minister of state for coal in 2004-06 tried to stall the process for quickly introducing a competitive bidding regime for distributing coal blocks on at least two occasions,according to a chronology of events recorded in the government auditors draft report on allocation of 155 coal acreages.
The Comptroller and Auditor Generals draft report,first reported by TOI on March 22,says the idea of allocating coal blocks through the competitive route was first mooted on June 28,2004.After the process of seeking Cabinets approval started,the CAG report notes,the minister of state (Dasari Narayan Rao) stated that the proposal for competitive bidding may not be pursued further... 
The junior minister,the CAG report notes,stated this on the ground that it would invite further delay in the allocation of blocks considering that the Coal Mines (Nationalisation) Amendment Bill 2000 envisaging competitive bidding as a selection process for allocation of blocks for commercial purposes was pending in Rajya Sabha with opposition from trade unions and others concerned.
The report notes that the junior minister also disagreed with the premise that the Screening Committee could not ensure transparent decision-making,which alone was not an adequate ground switching over to a new mechanism.
The second attempt to delay was made in on July 4,2005.The CAG report records that in a note to the PM,who held the portfolio of coal,the junior minister stated the implications of such a decision by the Cabinet needed to be considered in great detail and that there was a general reluctance on the part of power utilities to participate in the competitive bidding due to cost implications. 
The CAG further notes the junior minister as stating,Several applications were received in respect of coal and lignite blocks already put on offer and which were under process and as such there was no immediacy in the matter and that the (Cabinet) note be resubmitted at an appropriate time keeping in view the issues involved.


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UK fund invokes treaties for CIL loss 

TCI Joins Sistema,Telenor,TCG In Citing Pacts To Protect Investment

Piyush Pandey & Partha Sinha TNN 

Mumbai: UK-based fund,The Children Investment (TCI) Fund,is invoking the provisions of India-UK and India-Cyprus bilateral treaties to demand compensation from the Indian government for the losses it suffered as a shareholder in Coal India.The Childrens fund,which is the largest shareholder in Coal India after the Indian government,represents the growing trend of foreign investors such as The Chatterjee Group (TCG),Russian telecoms group Sistema and the Norwegian telecom company Telenor,which have invoked bilateral treaties to protect their investments in India over the last few weeks.
TCI has accused the Indian government of breaching several clauses in the treaty,and has asked to enter into negotiations with the fund for compensating it for the losses,failing which TCI has threatened to start arbitration proceedings against the government.
Citing provisions of India-UK and India-Cyprus treaties,Oscar Veldhuijzen,partner,TCI in a letter to finance minister Pranab Mukherjee said,Indias recent conduct with respect to CIL has seriously impaired the business activities and operations of CIL and has contravened each treaties.We request the Indian government to enter into formal negotiations with TCI seeking the amicable settlement of these claims under the respective treaties.Failing such settlements,within six months,we reserve our rights to initiate arbitration in accordance with provisions of the treaties. 
Until recently,India was a very safe jurisdiction to invest.But,in the last few years,issues like regulatory uncertainty,delay in justice in Indian courts,delay in permission and clearance from non-judicial authorities,excessive intervention by Indian courts and corruption in government contracts have provided reasons for foreign investors to invoke these BITs (bilateral investment treaties), said Karan Singh Tyagi,associate M&A & Corporate at the Paris-based law firm Gide Loyrette Nouel.Most of these proceedings are privileged and confidential.So information on all them is not in the public domain, said the official with the Paris firm which has earlier advised the Indian government on divestments in NMDC and MOIL.
Akil Hirani,managing partner,Majmudar & Co,told TOI,International treaties will come into question with India becoming more and more globalised.Going forward,the government will have to be very cautious while making legislations.The government will have to account the interests of international investors while making new laws or changes in existing laws.The government will have to pay for damages if it is not able to prove its case in the international courts. 

REMINDING COMMITMENTS 


tCases of companies invoking treaties are likely to rise given the governments failure to protect the interests of foreign investors tIndia has signed Bilateral Investment Treaties (BIT) with around 70 countries tBITs offer favourable conditions and treaty-based protection to attract foreign investment



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  • 10 Apr 2012
  • Hindustan Times (Delhi)
  • Ejaz Kaiser letters@hindustantimes.com

Chhattisgarh coal block allocation faulty: CAG

Irregularities in the allocation of a coal block in Chhattisgarh’s Sarguja district has led to the loss of R1,052 crore to the state, a recent report by the Comptroller and Auditor General (CAG) has pointed out.

The opposition Congress has demanded a CBI inquiry into the matter.

The single bid accepted for the block at Bhatgaon II (extension) was from Nagpur-based SMS Infrastructure Ltd, a firm owned by Ajay Sancheti, the new BJP Rajya Sabha member.

In July 2007, the Centre had allotted two blocks —Bhatgaon II and Bhatgaon II extension — to the Chhattisgarh Mineral Development Corporation Limited (CMDC) for commercial mining. In 2008, the CMDC accepted bids for the blocks.

But the price accepted for Bhatgaon II (extension) — R129 per metric tonne of coal excavated/sold — was vastly low. The accepted price for Bhatgaon II, which had similar quality coal, was R552 per metric tonne.

“The two blocks were contiguous and the quality of coal was similar,” said the CAG report, which was tabled in the assembly on April 4. “But despite being aware of the facts, the lower rate quoted by the single bidder in respect of Bhatgaon II (extension) was accepted.”

Bhatgaon II was also allocated to SMS Infrastructure, albeit at the higher price. However, in this case, two organisations were declared eligible for the block.

Sancheti, also the joint MD of SMS Infrastructure, said, “The allegations are baseless. My company will issue a clarification.”

CMDC chairman and senior BJP member Gauri Shanker Agrawal said the revenue loss cited was “hypothetical”, since the assessment of loss or profit can only be calculated once the work begins.

Earlier too, the names of the Sancheti brothers — Ajay and Anand — had hit the headlines. Ajay’s name had figured in the Adarsh Housing scam.

In July 2007, the state commercial tax department had imposed a penalty of R17 crore on the company, but had waived the amount later.

“This is a political stunt by the Congress,” said BJP spokesperson Shivratan Sharma. “The report is yet to go to the Public Accounts Committee, whose decision will be significant.”



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CLEARING THE AIR 
Auction wont mark coal block losses 

No Rush Expected For 30 New Allotments As Cos Have Adequate Fuel 

Sanjay Dutta & Pradeep Thakur TNN 

New Delhi: Will the auction of the leftover 30 new coal blocks in the next two months give an idea of how realistic is the Comptroller & Auditor Generals estimate of losses incurred by the government by giving out coal blocks through the discretionary route Not quite,and here are the reasons.
CAGs estimate of losses is a humongous Rs 10.62 lakh crore (reported by TOI on March 22).Now,an examination of the list of 155 allotted blocks and their reserves show that almost all big and serious players already have blocks that can supply fourfive times more coal that is required by their projects.
The same is true of small and paper companies floated with the aim of raking in windfall gains by divesting stake after the allocation of a block.With enough surplus to take care of future fuel needs,there is unlikely to be a scramble in the auction for the leftover blocks.
The thumb rule is 1.6 million tonne (mt) is needed per year of the lowest grade coal for a 1mt sponge iron plant.Similarly,1.6mt of power grade coal is required for running a 1,000MW plant.Going by this,there is already an over allocation of four-five times.Naturally,the bidding will be on the lower side, explained a Coal India executive who did not wish to be identified.
He added a similar kind of market dynamics will come into play during the auction of the cancelled 2G licences.High bids for 2G are now doubtful when the technology itself is facing obsolescence with the rollout of 3G and 4G services, he said.
In 2Gs case,CAG had estimated a loss of Rs 1.76 lakh crore on the basis of the market situation prevailing between 2008 and 2010.The government had garnered Rs 1 lakh crore in 2010 from the auction of spectrum for 3G services a band of radio waves similar to 2G but which requires a different technology.
But this is not true of coal blocks.Unlike radio technology,coal reserves will not become obsolete.Once a company with a coal block clears the three-five years of gestation period needed for acquiring land and multiple clearances,the miner will reap returns for at least 25 years.

1 TELECOM SPECTRUM 




What works for operators 


Immediate rollout possible No gestation period Returns start flowing almost immediately 

What doesnt work for operators 


Those who have 2G will have to go for 3G/4G;means additional investment Technology goes out of use in 5 yrs or so,limits earning window 

2 COAL 




What works for operators 


25-30-year window for earning No fear of coal becoming unusable like technology Coal can be gassified or oil can be synthesized from it in case environmental concerns come up after a mine goes into production 

What doesnt work 


Three to five years of gestation period Multiple clearances required

Pc0171700.jpg 

 


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Coal Min will Have Power Over Regulator 

OUR BUREAU NEW DELHI 

Coal ministry will have powers to overrule the proposed independent coal regulator that will decide price of the fuel,allot mining licences,monitor quality and adherence of rules by mining companies.Though the coal ministry has maintained that it will surrender all its powers to the regulator,the proposed law says the government can issue necessary policy directives to increase fuel supply,equitable distribution and sustain friendly international relations.According to the Coal Regulatory Authority Bill the central governments decisions will be binding on the authority.Without prejudice to the foregoing provision,the central government may,if it deems necessary or expedient so to do in public interest.issue policy directives to the authority the bill says.The decision of the central government on whether a question is one of the policy or not shall be final, it says.The coal ministry has sent a note to the cabinet,proposing the independent regulator that can also cancel mining authorisations,set performance standards and initiate investigations against miners,monitor coal quality,promote carbon free technologies and advise government on various issues.The government will also be empowered to appoint and notify constitution of the coal regulator.Names for the four members of the coal regulator will be recommended by a selection committee chaired by cabinet secretary and consisting of chairman of Public Enterprises Selection Board,law and coal secretaries and a government appointed engineering or management expert.The coal regulator has been entrusted with responsibilities of determining price of raw,washed coal and other bi-products generated during coal washing,monitoring utilisation of development funds,coal sampling and penalising defaulting developers.


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REVIEW AT MONTH-END 
CIL may Raise Prices Under TCI Pressure 

DEBJOY SENGUPTA KOLKATA 

Coal India plans to raise prices of some grades of coal after a review at the end of this month but the increase would not be steep,top company executives told ET.The CIL management is likely to finalise the issue of fuel supply agreements (FSAs) in the next board meeting.Following this,it will take up the price review.The review may also be discussed at the April 16 board 
meeting, a 
senior CIL official said.Analysts say the company would be under pressure to increase prices after signing FSAs that commit higher supplies than its output.The companys independent directors and The Childrens Investment Fund (TCI) which holds 1% equity in the miner have fiercely opposed new supply pacts,but the government has issued a presidential directive forcing the company to sign the agreements.On January 1,Coal India adopted a new,internationally prevalent pricing system based on gross calorific value.


Pc0011600.jpg 



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TCI Against Cheap Coal 

This led to an increase of 100-300 % in the price of some medium grades of coal.But the company was forced to roll back prices after strong protests from consumers.Company officials said the rollback has hurt some of Coal Indias subsidiaries,particularly Eastern Coalfields and Western Coalfields.This will have to be corrected, the Coal India executive said.When CIL adopted the new pricing system,it had decided to review it after a quarter.The companys biggest minority shareholder,TCI,is campaigning for international prices for coal.It has argued that Coal Indias profit can rise to $19 billion if it stops selling coal at prices up to 70% lower than international levels.FSA beneficiaries,who buy CIL coal at 70% less (prices),sometimes resell power/products at market levels anyway;these industrialists fatten their profit margins at CILs expense and worst,these discounts do not pass through to the end client,the Indian people, TCI said.Analysts said Coal India may be forced to increase prices if it imports coal to meet FSA obligations.The likely path for CIL to meet the new FSA requirements could be a combination of reducing supplies to existing FSAs,reducing/stopping e-auction sales,raising production,importing the shortfall,and raising the blended prices of coal,Angel Broking said in a report on Wednesday.Our analysis points out that CIL will have to increase blended FSA prices by 15-17 % over FY13-15 to fully offset the impact of high-price imports.However,political compulsions could dilute CILs pricing power and,hence,there is a risk that some portion of losses due to the highprice imported coal will have to be absorbed by CIL, it said.


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HC upholds Odisha coal block cancellation 

Abhinav Garg TNN 

New Delhi: Pointing out that the Supreme Court has frowned upon the first come,first served principle,the Delhi high court cancelled the allocation of a coal block in Odisha to a private firm.
The Supreme Court in the CPIL v Union of India (2G judgment) has held that public trust doctrine enjoins upon the government to protect the resources for enjoyment of public rather than to permit their use for private ownership or commercial purposes, Justice Rajiv Sahai Endlaw said while upholding the coal ministrys decision to revoke the allotment of the block to Kalinga Power Corporation Ltd.
The ministry revoked allocation because despite almost two decades after being given the coal block for its proposed thermal plant in Odisha,the project remained non-existent.The judge agreed with the ministrys contention and added,I have wondered as to what public good is being served or will be served by keeping the coal reserved for the petitioner when till date,after nearly 10 years have passed,the power plant of the petitioner is nowhere in sight. 
Rejecting the claim of the firm that it was the first to apply and got the allocation on that count,HC termed this argument misconceived and reminded the petitioner firm that the principle of FCFS is now being frowned upon due to the SC judgment.In any case,the HC clarified,allocation in favour of the petitioner was not because it was first to apply but because it had represented that it was soon going to be a specified end user of coal but this had not happened.


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  • 16 Apr 2012
  • Hindustan Times (Delhi)
  • Press Trust of India letters@hindustantimes.com

TCI says legal action against CIL in a week

UK-BASED hedge fund has been accusing the PSU of not protecting minority shareholders’ interest

NEW DELHI: Uk-based hedge fund TCI has said it would initiate a legal action against state-run Coal India (CIL) within a week for failing to protect the interest of minority shareholders.

“We will file a lawsuit against CIL board within a week or so...,” said Oscar Veldhuijzen, a partner at The Children’s Investment Fund (TCI).

The development comes close on the heels of CIL getting ready to ink fuel supply pacts with power firms for a minimum assured supply under a Presidential directive.

TCI is the biggest foreign investor in Coal India and has a minority stake in it. It has been accusing the PSU of not protecting minority shareholders’ interest and harming the company by not opposing such fuel supply pacts.

TCI has already announced that it has asked its Indian



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  • 18 Apr 2012
  • Hindustan Times (Delhi)
  • HT Correspondent letters@hindustantimes.com

CIL board approves signing fuel pacts

SUPPLY TAX The PSU behemoth will pay a penalty of an average of 0.01%

NEW DELHI: Coal India Ltd (CIL) has agreed to sign Fuel Supply Agreement (FSA) with power producer companies to supply a minimum assured coal required for power generation. The FSA is a guarantee pact, which will ensure that India’s largest coal producer supplies around 80% of coal required by the power firms.

The decision to sign FSA was taken after Coal India’s board met in Kolkata on Monday.

“The board agreed upon the Fuel Supply Agreement document and it will be signed within 15 days from the date of government directive,” said Zohra Chaterji, acting chairperson and managing director, CIL.

The government, CIL’S largest shareholder with a 90% stake, had on April 3 issued a directive to CIL to commit to a supply of minimum 80% of fuel along with a penalty clause. The directive was issued following a meeting between power sector honchos and the PMO.

“For the penalty clause, we have decided to keep it at a minimum and it would be operational after three years,” Chatterji said. CIL would pay a penalty of an average of 0.01% of shortfalls in coal supplies.

Of late, power sector firms have been concerned about acute coal shortage that could adversely affect power production. Around 75% of India’s power comes from coal-based thermal power plants that require close to 550 million tonnes coal in a year. However, total coal produced in India that includes coal produced by CIL and other captive mines is only 480 million tonnes. This leaves a shortfall of 70 million tonnes to be met through coal imports.

Chaterji did not specify the exact quantum of coal to be imported by CIL and only said “…it will be decided later”.

UK investor The Children's Investment Fund, which owns 1% of Coal India, has threatened legal action against the company for not protecting the interests of minority shareholders



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CIL Board Divided Over Supply Pacts with New Power Plants 

Co yet to arrive at a decision on plants set up after December 11 and plants that come up till March 15 

DEBJOY SENGUPTA KOLKATA 


Coal Indias (CIL) board remains divided over fuel supply agreements (FSAs) with private power producers for plants being commissioned after December 2011 although it has agreed to abide by the presidential directive to sign agreements with older plants,company sources said.In its meeting last week,discussions about plants being commissioned from December 2011 to March 2015 and possible imports to meet any shortfall led to a lengthy debate that could not be resolved,a director in the company said.We will need to see how this FSAs go with the power companies.Following this we will decide whether a new FSA will be required for other power plants or the existing one will suffice, a CIL official said.The director said that after successive meetings and stiff resistance from the independent directors,the board could not take a decision about committing fuel to new power plants.At the board meeting on April 16 there was no decision on supplying coal to power plants that have come up between December 2011 and now;or plants that are to come up till March 2015.There was stiff resistance from a few independent directors even after the presidential directive which forced the Board to decide on signing FSAs for new plants between April 2009 and December 2011 only, a senior CIL director told ET.The presidential decree had directed CIL to abide by the instruction of the prime ministers office and sign FSAs in 15 days with companies that had set up plants by the end of last year.The PMOs directive said,CIL will sign FSAs with power plants that have entered into long-term PPAs with distribution companies and have been commissioned /would get commissioned after March 31,2009 and on or before after March 31,2015. The PMOs directive also mentioned that CIL will have to sign FSAs before March 31,2012 for plants that have been commissioned up to December 2011.The present FSA has been formulated to include these plants only, the director said.Coal India will require 64 million tonnes of additional coal to honour the FSA commitments for plants that have been commissioned till December 2011.Nevertheless,the board has estimated that there will not be any requirement for coal imports in the first two years.This is based on the calculation that production will rise by 30 million tonnes during 2012-13.However,officials believe,it may not be easy for the company to increase production by 30 million tonnes in a single year and liquidate the bulk of the stock position.The company is most likely to see shortfall in the supply position requiring imports, he said.Not being certain about the implications of imports they have not been able to arrive at any decisions on the import front, the official said.

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CHALLENGE CIL will need 64 MT of additional coal to honour FSAs 
 


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Jharkhand Govt may Cancel MoUs with more Steel Firms 

MEERA MOHANTY RANCHI 

Perturbed by the tardy progress made by steelmakers,the Jharkhand government is considering to cancel the MoUs it has entered into with Ispat (now JSW Ispat) and Bhushan Steel for setting up steel projects in the state.In the last couple of years,the state government has cancelled 27 of the 75 MoUs it has signed with these companies.The most recent cancellation was with Sesa Goa,a few days ago.Next in the line of cancellations are MoUs with Prakash Ispat,BM Salgaocar,Sunflag Iron and Steel,Contisteel (promoted by Rathi Super Steel and Orissa Sponge Iron) and Vini Iron & Steel Udyog,said state industry secretary AP Singh.Singhs office has already directed the mines department not to recommend any more mining lease for Sesa Goa.The Vedanta company,which has a prospecting licence for iron ore over 7 sq km in West Singhbhum since 2004,was to invest.1,242 crore for a pig iron and coke oven plant as per an MoU it had signed with the government in 2006.Sesa Goa declined to comment on the issue.Jharkhand,home to a fourth of the countrys iron ore reserves and two large integrated steel plants at Jamshedpur and Bokaro,has attracted investors who were lured by easy availability of rich mineral resources such as iron ore and coal.Of the current 70 MT annual steel capacity in the country,by the end of this year alone we will account for 17-18 mtpa (million tonnes per annum) from integrated steel plants and another 7-8 mtpa from sponge iron plants, said Singh.Indias steel production will reach 120 mtpa in the next five years.Just adding up the proposed capacity from investors,who have been granted substantial resources,will take Jharkhands share to 50 mtpa.We have to consider,not just our non-renewable mineral resources,but also other natural resources such as land,water and infrastructure that these projects will demand, added Singh.The prized iron ore deposits,including that of Chiria,largely lie under the saal forest of Saranda,cant be entirely diverted,he said.Tata Steel and Steel Authority of India are both expanding capacity.The latter also wants to accommodate a joint venture project with Posco on its 33,000 acres of land in Bokaro.The department appears to be sympathetic towards Arcelor-Mittals land acquisition woes.Jindal Steel and Power has also made some progress,getting off to an easier start by acquiring a closed unit Bihar Alloys & Steel.The company has a mining lease over 537 hectares since 2007.JSW has also made some progress with about 300 acres of land.With so much resources allocated,they should be able to proceed with their plans, said Singh.The company has both a mining and a prospecting lease in the state.Last year,the government had also threatened to cancel Essar Steel MoU,but it acknowledges that the company has made some progress on its power plant project,for which it has got two coal blocks.Essar officials say the Tori power plant at Latehar will be operational by end of 2013 as the work has already started on the 700 acres acquired.Iron ore allotted to us for prospecting has indicated reserves of only25-35 MT after exploration.How can we put up a 6-mtpa steel plant on the back of such a small deposit, said a company official.

Severing Ties 


JHARKHAND GOVT is considering cancelling MoUs it has entered into with Ispat,Bhushan Steel IN THE last couple of years,the state has cancelled 27 of 75 MoUs NEXT IN the line of cancellations are MoUs with Prakash Ispat & BM Salgaocar


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No Free Mines with UMPPs Anymore 

Coal ministry finalising norms for calculating the reserve price for the mines,bidding norms and a model agreement 

SOMA BANERJEE NEW DELHI 

Bidders for upcoming ultra mega power plants in Odisha and Chattisgarh will have to pay a reserve price to the state government for coal mines that come bundled with the project,ending a long established policy regime in which the mines were allotted free.The coal ministry is in the process of finalizing norms for calculating the reserve price for the mines,bidding norms and a model agreement for which it has received expression of interest from consultants,coal secretary Alok Perti said.The ministry plans to finalize these guidelines by September this year.The new norms will change the economics of large power projects known as ultra mega power projects as they have till now been awarded based on the electricity tariff,while the mines came free.The coal ministry has been working on a series of policy initiatives to ensure transparency in allocation of coal blocks,particularly to industries like steel and power which are eligible for captive mines.Earlier,blocks were nominated to projects keeping in mind fuel requirement and its location.However,this has been discontinued and the government will now give blocks on captive basis only through the auction route,Mr Petri said.The decision to charge for the mines comes in the backdrop of the recent controversy over allocation of spectrum in the telecom sector in 2008 at prices fixed in 2001 and a controversy stirred by a leaked draft report of the Comptroller and Auditor General (CAG) over alleged losses incurred by government in giving out mines.The CAG had reportedly alleged that private companies,who had been allotted coal blocks without bidding,might have made windfall gains at the cost of government-owned Coal India.The supreme court judgment in the 2G case is very clear on how natural resources are to be given out and exploited.We had already adopted some of these measures in the auctioning rules and it will borne in mind for all further allocation, the coal secretary said.ET had earlier reported that the coal ministry has identified 54 coal blocks that would be given out for mining.Apart from selected industries,mines would also be allotted to state-run mining companies,he said.On the recent controversy over coal allocation to power projects by CIL where the government had to resort to a presidential decree to force the public sector company to fal in line,the secretary said that it was unfortunate.The MOU and risk factors mentioned in the RHP is well documented and a public sector organization has to abide by those norms.It was known to the independent directors as well, he said.

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CIL Wants Customers to Bear Cost of Imported Coal 

PSU firm has inserted clause in FSA saying customers will have to accept price changes 

OUR BUREAU NEW DELHI | KOLKATA 


Coal India has inserted a new clause in fuel supply agreements (FSA) that says if the state-run firm needs to import coal to meet its obligations,customers will have to accept the price it charges or surrender their right to be supplied the contracted quantity,further diluting its responsibility to provide fuel to power plants despite the presidential directive.This is abuse of monopoly Association of Power Producers director general Ashok Khurana said.After prima facie examination of the FSAs,it looks the model documents are loaded in favour of CIL,hedging them from all eventualities and responsibility for any shortfall, he added.Coal India has also shielded itself from penalties if its production suffers due to environment,pollution or forest clearances.Coal India officials said FSAs had been designed in view of uncertainties about market conditions.With a lot of uncertainty in the demand-supply scenario,as well as the international coal market,the conditions in FSA have been made reasonably stringent to make sure the possibility of paying penalty is minimal, said a senior CIL official.The FSA document also says the assured coal supply quantity will be proportionate to the percentage of generation covered under power purchase agreements signed by power companies with power utilities.The agreement mentions that imported coal will be delivered at the ports at a cost plus pricing basis and it will be on the power company to carry it to their plants.We want coal to be delivered to our plants and not just the port of delivery.In case CIL insists,we may opt out.However,we are not bothered by the token penalty because we want coal from them to run our plants, Arup Roy Choudhury,chairman,NTPC told ET.


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CIL to Set Deadline for Signing Fuel Supply Deals 

DEBJOY SENGUPTA KOLKATA 

Coal India plans to take an aggressive stand against power producers and set a deadline after which it will not sign fuel supply agreements (FSAs) with the companies,as the state monopoly fights back after being arm-twisted to commit long-term fuel supply.Coal Indias board has already decided to impose negligible penalties if it defaults on FSAs and has asked companies to accept its price if CIL needs to import coal.CIL is concerned about slow growth in output and blames delays in environmental clearances for the coal shortage.However power companies accuse the staterun firm of abusing its monopoly and offering FSAs from which it can easily back out.Most power producers have not come forward to sign the FSAs,making Coal India officials impatient.Depending on the final response (from power companies) we will take a decision next week.We also intend to ask for the ministrys view on the same, Coal India chairman S Narsing Rao told ET.Another official said the company cant wait forever.We are planning to introduce a cut-off date for signing the agreements because we cannot keep on waiting indefinitely for all the firms to come and enter into contracts, a senior Coal India official explained.Coal Indias board agreed to sign FSAs after top industrialists jointly approached Prime Minister Manmohan Singh and sought his intervention to help power projects that had not fuel to burn.Subsequently,the company was directed to sign supply pacts.Power companies say they are discouraged by the draft FSA prepared by Coal India.NTPC and Damodar Valley Corporation along with a number of large private sector companies are viewing the draft of the fuel supply contract as heavily biased towards the coal company.About 50 firms are expected to sign the contracts but only about 10 has approached Coal India so far.Almost all biggies who would be consuming bulk of the additional coal have not yet approached the company.NTPC does not intend to sign separate fuel supply agreements for new units and old units at the same power station as is now required by Coal India.It intends to sign the same set of contracts the one it has already signed for some its units.

Waiting Games 


About 50 companies were expected to sign FSAs,but only 10 have approached CIL Power companies find the FSA heavily skewed in favour of Coal India Penalty on Coal India for default on FSA is barely 0.01% of value



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EGoM Supports Surplus Coal for Reliance Power 

New Delhi: A panel of ministers has endorsed the governments move to allow Anil Ambani-owned Reliance Power to use surplus coal from the mines attached to the Sasan ultra mega power project to generate electricity in another plant,Law Minister Salman Khurshid said.
The Empowered Group of Ministers,headed by Finance Minister Pranab Mukherjee,also suggested that the government should formulate policies to prevent any ambiguity about such issues in the future,he said.
The ministers have endorsed the governments 2008 decision on Sasan.The EGoM had in August 2008 given approval to Reliance Power to divert surplus coal from three blocks linked to Sasan UMPP in Madhya Pradesh to another 4,000-mw project at Chitrangi in the same state.On Saturday,the EGoM endorsed that decision after referring the matter to attorney general Goolam E Vahanvati.
Attorney General had interpreted the decision taken in 2008 was a correct decision.In subsequent developments that take place,you can't keep changing decisions of the past.For future,of course,he has recommended that policies can be made comprehensive so that there is no ambiguity, Khurshid said.He said the AG opined that surplus coal is the coal available after satisfying the needs of a UMPP.The question is what to do with this surplus coal and this is to be seen in the context that we do not discourage a developer from producing coal. A draft CAG report had alleged that the permission to use coal from Sasan in another plant had benefited Reliance Power. Our Bureau


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Govt asks Reliance to pay 7kcr for poor gas output 

TIMES NEWS NETWORK 

New Delhi: In a first of its kind,the oil ministry has slapped a notice of $1.2 billion,or Rs 7,000 crore,on Mukesh Ambanis Reliance Industries Ltd for a sharp fall in gas output from its showcase Andhra offshore field.
The notice,served on Wednesday,says the company would not be allowed to recover from sale of gas the cost of its investments worth $457 million made in the field in 2010-11 and $778 million in 2011-12.This the first notice of this kind that has been served on an oil/gas producer by the ministry.
Governments contracts for auctioned fields allow companies to fully recover their investments from sale of oil or gas.The ministry has been forced to act against Reliance since the company failed to achieve the target of gas production from the KG-D 6 field set in the contract.
Gas volumes have dropped to 27 mcmd (million cubic metres per day) against 62 mcmd committed by Reliance while securing approval for its $8.8 billion investment plan for developing the field.Reliance has so far invested $5.6 billion and recovered nearly all of it.It has blamed changes in geological factors and the frontier nature of the field for the sharp drop in output,less than half of what was set as the target.
The notice does not mean that Reliance would have to return this amount to the government immediately as it has already served an arbitration notice on the ministry on November 24,2011.
In its notice,the ministry has refused to join arbitration but said there is a dispute over how much of cost can be recovered because of the fall in gas production.

FIRST OF ITS KIND 


The govt said the company would not be allowed to recover its cost of investments worth $1.23bn The ministry has been forced to act against Reliance because the company failed to achieve the target of gas production from the KG-D 6 field set in the contract


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Slew of Takeovers Trigger Fear 

The authority to approve acquisitions of Indian companies by MNCs will shift to the competition watchdog,Competition Commission of India (CCI),from the FIPB.But industry experts said it will be several months before necessary amendments are made to empower the CCI to approve buyouts.In the past 3-4 years,there has been a series of takeovers of Indian companies by foreign drug makers,including Daiichi Sankyos acquisition of Indias largest drug company Ranbaxy Laboratories,Sanofi Aventis buyout of Shanta Biotech and Abbott Laboratories purchase of Piramal Healthcares domestic formulations business.These developments had triggered fears among health groups and Indian drugmakers that MNCs were poised to dominate the local industry and they would substantially increase the cost of medicines in the country.Some Indian drug companies demanded that the foreign investment cap in the sector be pared to 49% from 100%.While the health ministry and Department of Industrial Policy & Promotion backed local drugmakers,it was opposed by the Planning Commission and finance ministry.Following a directive from the prime minister in October 2011,a middle path was worked out.An inter-ministerial group decided that while 100% foreign direct investment in the sector would stay,acquisitions of Indian firms by overseas drug companies would be vetted by the Competition Commission of India with riders to ensure that medicines remain available in India at affordable prices.In the same meeting,the inter-ministerial group had asked the FIPB to clear mergers and acquisition proposals of foreign drug companies and investors for six months till necessary amendments were made to empower the Competition Commission of India to approve such deals.Indian Drug Manufacturers Association Secretary-General Daara Patel said the FIPB does not want to take any decisions in the interim period.The Competition Commission of India is going to approve all future cases.Why would they want to take a chance At the March 30 meeting,the FIPB deferred Mauritius-based Ambrose Pvt Ltds proposal to buy 40% stake in Sutures India for Rs 199 crore.Similarly,Spains Chemo Groups plans to buy a 100% stake in Ordain Healthcare Global for Rs 58 crore,Ankur Drugs plans to raise about Rs 40 crore from NRIs and Plethico Pharmas plans to raise Rs 490 crore by diluting 22% stake via FCCBs also did not get the go-ahead.



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RIL Budget not Okayed 

RIL is incurring expenditure as per provisional budgets,at its own risk, one official in the DGH said.Reliance Industries and the oil ministry did not respond to emailed queries from ET.The company had expressed apprehensions about the finances of the block when it petitioned the Supreme Court last month seeking an order to start arbitration proceedings,which the oil ministry had rejected.Absent an approved work programme and budget for 2012,the fate of expenses incurred by the contractor post 1.4.2012 would be shrouded in doubt and uncertainty, RIL said in a recent petition to the Supreme Court.The company is seeking arbitration on the matter.It blames unexpected geology for the fall in output and says that all the facilities in the deep-sea region will be fully utilised when it develops other discoveries in the block.It plans to submit a new plan to simultaneously develop 16 other discoveries in the block.So far,it is producing gas from D1 and D3 fields as well as the MA field that produces both oil and gas.RIL had initiated arbitration against the oil ministry in November,anticipating government moves to restrict cost recovery.It had escalated the matter to the Prime Ministers Office and the finance ministry.RIL Chairman Mukesh Ambani had flagged the matter in his meeting with the principal secretary to PM,Pulok Chatterji,this year as delays and media reports on disallowing costs had caused concern.Reliance is facing pressure from institutional investors and shareholders who have raised this question several times.We have gone ahead in good faith with our operational and capital expenses for the past two years, a RIL executive said.The company may find it difficult to keep on doing this,he added.According to Sanjeev Prasad of Kotak,the notice sent to RIL should be viewed as part of the larger churn that is currently on across sectors.Im not sure if this will lead to a transparent system.Corrections are being attempted but the collateral damage is the delay or policy paralysis. Gas output from the block has dropped significantly from about 61.8 million standard cubic meters per day in March 2010 to 33.67 mmscmd in April first week.DGH and the oil ministry say that output from D6 fell sharply because the operator did not drill required number of wells.RIL told the Supreme Court in its petition that the oil ministry insisted the contractor should carry out all the development activities specified in the development plan even if subsequent data did not justify such activity.It said in the petition that the oil ministry refused to approve the revised work programme and budgets for 2010-11 and 2011-12 unless the operator agreed to drill,complete and connect more wells as per the initial plan.The company said drilling more wells would not increase output.The petitioners have repeatedly contended that the data now available establishes that the drilling of more wells will not improve the performance on the contrary it may prove deleterious to the same, it said in the petition.



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Drilling Cos at Sea as Reality Punctures KG-D 6 Promise 

RIL not the only one facing problems;ONGC & GSPC also struggle to deliver in deep-sea region 

SHUCHI SRIVASTAVA & MITUL THAKKAR MUMBAI | AHMEDABAD 


Once seen as the solution to Indias energy problems,the Krishna-Godavari Basins gas reserves,and the companies that have drilled there,are in a sea of troubles with mounting uncertainty over government policy and question marks about how much gas can be extracted.Apart from Reliance Industries,which has surrendered a block in KG Basin and has seen output from the prolific KG-D 6 block almost halve in two years to 35 mmscmd,state-run firms Oil and Natural Gas Corp (ONGC) and Gujarat State Petroleum Corp (GSPC) have also struggled to deliver in the deep-sea region,which requires specialised technology and equipment.Reliances output has fallen to about 34 mmscmd instead of rising to 80 mmscmd,and the company has been sternly treated by the Director General of Hydrocarbons and the oil ministry,but other companies have either not started production or are pumping tiny quantities of oil and gas,much behind schedule.ONGCs GS-15 field in the KG Basin is producing barely 0.19 mmscmd of gas and 9,400 barrels of crude oil per day.ONGC was slated to start production from the GI block by July 2012,but now that could be delayed.Due to operational issues,production from the GI block could be delayed, ONGC chairman Sudhir Vasudeva told ET.In 2004,ONGC had declared that G1 and GS15 would be Indias first digital fields with smart wells and contracts had been awarded to develop them.Gas output from both these fields,being developed at a cost of.1,200 crore,was slated to go up to 1.52 mmscmd from July this year and 1.72 mmscmd in 2013-14.G-1 and GS-15 are small fields that were awarded to ONGC on a nomination basis,but the company also has a bigger block,KG DWN 98/2,RILs D6.ONGC says the block holds 25.61 MT oil and 197 billion cubic metres of natural gas.It plans to invest $7.3 billion to develop the block,but this would take more time.It has sought permission for more exploratory work to assess the full potential of the area before submitting a concrete field development plan.The block also has Indias deepest offshore gas discovery UD-1,where ONGC plans to spend $2.89 billion to produce about 20 mmscmd after its starts production by 2016-17.The company is seeking foreign partners.Apart from ENI and BG we have invited a lot of companies and should be announcing a partnership soon, said SV RAO,director,exploration.Another company that began its KG Basin story with a bigbang announcement is staterun Gujarat State Petroleum Corp.In 2005,Gujarat chief minister Narendra Modi said the company had discovered 20 trillion cubic feet (tcf) of reserves in the basin,or twice as much as RILs two producing gas fields.Production was expected to start in 2007.Five years after the expected start of production and several missed target dates once because of a fishermens agitation GSPC hopes to start producing gas in July 2013,from scaleddown reserves of 2 tcf from a part of its block in the KG Basin.Its cost has risen from $1.6 billion to $2.3 billion.GSPC is struggling with high temperature and high pressure in the KG Basin, a company executive said.Industry experts say that deepsea production,which began in India with RILs D6 block,requires frontier technology and involves huge risks.GSPC is now borrowing funds from financial institutions and exploring possibilities to bring in strategic partner.GSPC is at logger heads over terms of payments with its Canadian partner GeoGlobal Resources.Another significant producing asset in the basin is the Ravva field of Cairn India,ONGC,Videocon and Ravva Oil.It was originally estimated to produce 101 million barrels of crude oil but has produced around 245 million barrels of oil and 330 bcf of gas.Cairn India,the operator of the block,is optimistic about future production.The on-shore areas of the KG Basin have also seen a lot of activity.Cairn India recently announced that two reservoirs in its KG-ONN-2003 /1 block where it holds a 49% stake and ONGC has a 51% stake has reserves of around 550 million barrels equivalent of in-place oil and gas.This is the most significant onshore oil discovery to-date in the KG basin and establishes a significant potential for the operators, said a source close to the developments.The Nagayalanka SE discovery is the largest oil discovery in the onshore part of the KG basin to date,2 successive oil discoveries in the block establish significant potential in the KG basin.This is the first time that such a thick oil bearing pay has been encountered in the onshore part of the KG basin.The oil is very light and of low viscosity.The second phase will conclude in August this year, the source added.State-run Oil India too is planning to take up exploratory drilling in its on-land block KG-ONN-2004 /1 in the KG basin in the first quarter this fiscal.It bagged this block in the sixth round of the NELP regime.The company plans to soon float tenders to hire rigs.It has 90% stake in the block and is the operator of the block.Calgary-based GeoGlobal Resources (GGR) holds the remaining 10% stake in the block.


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Arunachal Under Lens Over Extremist Link to Illegal Mines 

SARITA C SINGH NEW DELHI 

Illegal mining is funding extremist outfits in Arunachal Pradesh,a home ministry investigation has revealed,a finding that could lead to a ban on the entire 45-km coal-rich stretch of Changlang district.It is a matter of great concern for us.We are looking into the matter, said coal secretary Alok Perti,assuring appropriate action after receiving the report from the home ministry.According to the report,prepared after a visit of senior home ministry officials to the area,insurgent groups such as the Nationalist Socialist Council of Nagaland (NSCN) are indulging in illegal mining at Namchik Namphuk,the only coal block allotted to the state government.NSCN is an extremist group operating in north-east India,demanding a sovereign state called Nagalim that would comprise areas inhabited by the Nagas in north-east India and Burma.Arunachal Pradesh Mineral Development & Trading Corporation (APMDTC),which owns the block,estimates about 84 million tonne highquality coal reserves in the open cast mine.A senior coal ministry official,who did not wish to be named,said this type of coal sells at about.3,500 per tonne.The official also said that local members of the Parliament and organisations such as Akhil Bharatiya Adivasi Vikas Parishad have alleged involvement of officials of the state government and APMDTC in illegal trading.A notice seeking explanation will soon be served to the state government,the official said.If violations are proved,the ministry will take strict actions like revocation of exploration licence and even banning of mining in the entire stretch, the official said.



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Pvt firms got undue benefit of 1.8L cr in Coalgate: CAG 

State-Owned Cos Left Out Of Final Report 

Sanjay Dutta & Pradeep Thakur TNN 

New Delhi: The Comptroller and Auditor Generals final report on allocation of coal blocks between 2004 and 2009 without auction is expected to peg the value of undue benefits that the government extended to private entities alone at more than.1.8 lakh crore,sources have indicated.
The last draft of the report,first reported by TOI on March 22,said the government extended undue benefits of.10.67 lakh crore by giving away 155 mines to 100 commercial entities,including PSUs,without bidding since 2004.
The government auditor brought down the value of undue benefits by taking out public sector and state government entities from the final report and focussing only on private ones.This was done at the coal ministrys behest,which argued during the exit conference that PSUs are audited separately.
But even at the reduced level,the value of undue benefit to coal block allottees is higher than the outer limit of the.1.76 lakh croreloss estimated by CAG in the 2G spectrum case.
Besides,removal of public sector and state entities from the final report would mean the entire undue benefit of over.1.8 lakh crore has accrued to private entities alone.The content of the final report can still cause further discomfort to a government already reeling under allegations of corruption,sleaze and crony capitalism.

Still Bigger Than 2G Scams 1.76L cr 


155 coal blocks allotted to PSUs and private entities between 2004 and 2009 without auction CAG says undue benefits to private firms alone worth over 1.8 lakh crore Earlier draft had pegged gains to PSUs and private parties at 10.67 lakh crore PSUs kept out of this audit,since coal ministry argued that they are audited separately Even at reduced level,undue benefits to private sector more than CAGs highest estimate of 1.76 lakh crore for 2G scam CAGs final report pending with govt since May 11


Pc0012000.jpg 



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CAG report on coal may be tabled in House today 

New Delhi: The Comptroller and Auditor Generals final report on allocation of coal blocks between 2004 and 2009 without auction is expected to peg the value of undue benefits that the government extended to private entities alone at more than Rs 1.8 lakh crore 
Sources said the report has been lying with the government since May 11 and may be tabled in Parliament on Tuesday,the last day of the Budget session of the House.
After TOI reported the final draft,the Prime Ministers Office had made light of the figure and selectively quoted from a letter to the PM written by CAG Vinod Rai to say it was not even pre-final.
Even Rai was targeted by some economists and ministers.But on March 27,he hit back by saying CAG auditors had a global standing and did not make fundamental errors.
We are incapable of making fundamental errors as being discussed in media.Our report will make clear all doubts on fallacies being talked about... They (CAG auditors ) are the best in the world.Both developing and developed countries send their auditors to train with us at our academies... the report (on allocation of coal blocks) will make clear how sound our processes are, Rai had said at the concluding session of a seminar on Public Accountability and Role of CAG.
The government auditor had calculated the undue benefit at the price of the lowest grade of coal.It first estimated the cost of production for each block by taking into account the actual cost of production in a similar Coal India mine for the same year.Then the difference between CILs sale price and cost of production was multiplied by 90% of the reserves in each block.The figure thus obtained was the windfall gain for that block.
The reasoning behind taking 90% of the total reserves rather than the entire lot,according to CAG,is that detailed exploration establishes reserves at a confidence level of 90%.



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Will quit if coalgate charges against me are proved: PM 

Team Anna Unfazed,Cites CAG Report 

Sachin Parashar TNN 

On Board PMs Aircraft: An emotional Prime Minister Manmohan Singh on Tuesday hit back at Team Annas allegation of corruption against him in coal block allotments,saying he would give up public life if charges levelled by the activists were proved.
I will give up my public life even if there is an iota of truth in allegations levelled against me,and the country can give me my punishment.My long public career as finance minister,as leader of opposition in Rajya Sabha and now as prime minister has been an open book, he said on the way back from Myanmar.
Team Annas response to the PMs outburst was one of defiance.Prashant Bhushan and Arvind Kejriwal said their charges were based on the findings of the CAG.

Manmohan invites Suu Kyi to India 


P rime Minister Manmohan Singh on Tuesday carried out a major course correction in Indias foreign policy when he reached out to Nobel laureate and Myanmars democracy champion Aung San Suu Kyi at a meeting in Yangon.The two leaders discussed the political transformation in Myanmar.Later,Singh handed over a letter from Congress president Sonia Gandhi.P 9


Pc0031100.jpg 
Manmohan Singh and Aung San Suu Kyi in Yangon on Tuesday 



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Coal scam: Team Anna refuses to back off 

Demands Independent Probe Into Charges Against PM 

TIMES NEWS NETWORK 

New Delhi: Team Anna on Wednesday refused to back off from its demand for an independent probe into its charge that Prime Minister Manmohan Singh was culpable in coalgate,despite Singhs offer to quit public life if there was even a shred of proof against him.
The activists led by Anna Hazare asked if it was correct that the PMO overruled advice of the coal secretary in 2006 that coal blocks be auctioned a decision which,according,to CAG fetched private players Rs 1.8 lakh crore in undue gains.
Some of the blocks in question were allotted to private players when Singh held charge of the coal ministry,something which makes the fresh standoff with civil society a high-stake affair for him,and explains his uncharacteristic outburst on Tuesday.The aggression of the Anna camp indicates its readiness to engage the government in a duel where,unlike in their previous showdowns,the PM will be in their direct crosshairs.Hazare himself joined in the demand for the PM to face a probe.
Official sources countered the Hazare group,pointing to a coal ministry release of May 17 that argues the decision to offer captive blocks was taken due to legislative delays,rising demand,high cost of imports and that revenue generation was not the sole objective.
The government also said allocations were made on the basis of a screening committee and views of state governments taken into account and law minister Salman Khurshid said the activists seemed bent on levelling accusations unless their Lokpal demand was met.
Congress also took on Team Anna,daring the activists to go to police and courts instead of levelling allegations through the media.Maintaining that image of the Prime Minister is beyond any doubt,party spokesperson Rashid Alvi said,If you make allegations against somebody,then there is a law and order mechanism in the country.There is a court.You go to police and register and FIR instead of making allegations through media. 
But the activists remained undeterred.In fact,its leaders seemed encouraged by the PM reacting to their criticism,particularly the disparaging reference to him by Team Anna member Prashant Bhushan as Shikhandi or a shield used by Congress to deflect corruption charges.In a statement on Wednesday,the Lokpal campaigners asked if it was true that the PM had signed the files regarding policy on allocation of coal blocks himself.
Although the government and Congress rallied behind the PM,opinion was split over whether he should have got embroiled in the confrontation with a feisty bunch who have skillfully stoked popular resentment over corruption.
One influential school in Congress questioned the wisdom of entering into a slanging match with Team Anna,saying that it could only help the activists deflect attention away from their internal squabbles.
Some Congressmen also feel that government need to calibrate its response carefully,considering that coalgate was essentially about the findings of CAG which is basking in a glow post its report on the 2G spectrum scam.


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Oil firms defer price cut to deny oppn the credit 

Sanjay Dutta TNN 

New Delhi: State-run fuel retailers dont tire of flashing their autonomy to justify raising the price of petrol.But when it came to a reduction on Thursday,they suddenly appeared to have developed political bones: the three oil marketers hastily pulled back plans to cut price by 1.60 or so,excluding taxes,to prevent the opposition from taking credit.
They had raised petrol price by 6.28,excluding taxes,on May 23.The oil marketing firms and the government predictably justified the steepest-ever increase.But they also held out hope of a sharp cut on June 1,citing price trends in the Singapore bulk market for crude and petrol.
Broadly,oil marketers review prices on the 15th and on the last day of each month.Petrol price is arrived at by calculating the average Singapore price of gasoline in the preceding fortnight and the rupees exchange rate against the dollar.
According to oil ministry data,the average benchmark gasoline price declined to $114-115 a barrel in the second fortnight from $124 in the first fortnight of May -- which was used to jack up the price.


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Petrol prices may be cut next week 

According to oil ministry data,the average benchmark gasoline price declined to $114-115 a barrel in the second fortnight from $124 in the first fortnight of May -- which was used to jack up the price.Crude too has declined to $106-107 a barrel from $111.The dollar exchange rate averaged Rs 54.96 against Rs 53.77.
Heres how the math works: Every $1 rise in crude price impacts fuel price by 33 paise and every rupee fall in dollar exchange rate needs pump prices to be raised by 77 paise.
Government sources said the oil companies were now likely to reduce the price sometime in the middle of next week.But given the rupees continued slide against the dollar,there may not be much room.TNN



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No scam,says govt;but CVC sends coalgate file to CBI 

TIMES NEWS NETWORK 

New Delhi: The Central Vigilance Commission has asked the Central Bureau of Investigation ( to examine a complaint about alleged losses suffered by the public exchequer in the allocation of coal blocks between 2006 and 2009,in what can potentially be fodder for civil society activists and the opposition looking to attack the government over coalgate.
Sources said CBI was expected to take a decision next week after the return of its director A P Singh from Bhutan.
Although the complaint of BJP MPs Prakash Javadekar and Hansraj Ahir was forwarded by the CVC to CBI about a month ago,the agencys response to it will coincide with the widening confrontation over governments alleged failure to auction coal blocks.
If we find prima facie wrongdoing,then a preliminary inquiry will be registered and a formal investigation will begin.At present,it is just a reference and we are analyzing it, a senior CBI officer said.
In their complaint to the CVC about four months ago,the two BJP MPs drew the investigating agencies attention to the way the government went about allocating coal blocks to private players,inspite of an inprinciple decision in 2006 to auction them.


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Ahir: Govt allocated coal through old policy 


BJP MP Hansraj Ahir said,Instead of resorting to auction,or waiting for the new policy to be adopted,the government speeded up the allocations through the old policy. 
We have demanded a detailed investigation into the way coal blocks were allocated starting 2006, said the Lok Sabha MP who is also a member of the parliamentary committee on coal and steel.
Both he and Javadekar welcomed the CVC move,saying there was an urgent need to get to the bottom of the entire allocation.
Opposition has attacked the government over Coalgate since a draft CAG report estimated that governments decision not to auction coal blocks fetched private companies Rs 1.8 lakh crore in undue gains.
Ahir said in 2004-05,while it was time to cancel the blocks allocated earlier because the companies couldnt keep to the production timeline,and if necessary to revoke their bank guarantees,the government actually went ahead and further allotted more blocks.



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RIL got fair hearing in KG report: CAG 

Auditor Gives Point-By-Point Rebuttal On Reliances Claims Of Lack Of Expertise 

Rajeev Deshpande TNN 

New Delhi: The Comptroller and Auditor General of India has offered a strong rebuttal of Reliance Industries Limiteds criticism that the auditor excluded its responses in the KG basin report,asserting that the firm got a fair hearing and the production contract was correctly interpreted.
CAG said Reliance kept submitting addendums after the draft report was finalized on July 29,2011 but the oil giants earlier responses were incorporated.
Responding to RILs criticism that the CAG lacked domain expertise and was myopic,the auditor argued that a proper reading of the contract terms did not permit loose definition of a discovery area,extension of exploration phases,lack of appraisals and cost inflation.
RIL submitted eight objections to the Public Accounts Committee examining the KG basin gas report and the CAG has given a point-by-point counter.The auditors submissions to the PAC gain salience with Prime Minister Manmohan Singh on Thursday setting up a committee on design of future production sharing contracts in hydrocarbon exploration.
In its factual note on points raised by RIL,the auditor has addressed the firms complaint that CAG did not consider RILs responses,ignored operational and technical facts,took a shortsighted view of production sharing and reached wrong conclusions on issues like cost inflation.
On RILs contention that the auditors rap for a $3 billion cost escalation was misplaced as it did not account for geological data and market conditions,CAG suggested that the firm had no intention of implementing its initial development plan.On the other hand,activities in respect of items in AIDP were initiated even before submission/approval of the AIDP,it said.
The auditor told PAC due to consider the report on Friday that most procurement activities were undertaken late in line with the schedule of IDP of May 2004.In October 2006,RIL submitted a capex of $5.2 billion for phase I and $3.6 billion for phase II.
Apart from a rise in oil prices,the operators delay in initiating procurement activities in 2004 and 2005 contributed,at least partly,to increased costs,the CAG said.
After the CAG report,the oil ministry disallowed RILs $1.24 billion cost recovery on its investment in the KG basin D6 field for not meeting drilling commitments.Reliance has already challenged the government in the Supreme Court over an arbiter.
With regard to Reliances gripe that its views were ignored,the CAG had a detailed response.After the oil ministry provided a response to the draft report on July 9,2011 it also forwarded RILs submissions dated July 7 on July 23.Responses of the ministry and the operator were duly considered and incorporated,to the extent deemed appropriate,in the audit and final draft,the CAG said.
An exit conference was held on July 12,2011 where the operator made a presentation.Earlier on June 4,an interactive session was held with the ministry and RIL.However,RIL continued to give rejoinders on August 3,August 11 and September 5.Audit could not have waited for incorporating one addendum after another, the CAG said.
By then,the report had already been finalized on July 29.As per normal practice,we consider all submission by all concerned till the draft report was finalized up to July 29 (when the final report was forwarded to the CAG for approval). 
The auditor pointed out that issues raised by RIL were examined through scrutiny of ministry records and not those of RIL.( Oil ministry) being our primary auditee and our access to records of operators was supplemental to our scrutiny of the ministry and director general of hydrocarbons records,it was imperative that replies of RIL were reviewed and endorsed by the ministry, the auditor said.
It was up to the oil ministry to communicate,or not to do so,any representations from Reliance and it was for the oil ministry to explain its reasons,the auditor said.
On RIL challenging the interpretation of discovery area in its tussle over retention of areas where it did not carry out exploratory work,the auditor said that the production sharing contract clearly said that drilling and discovery of deposits were the basic parameters.
Delineation of discovery area is inextricably linked to results obtained from wells drilled and finding of petroleum deposits recoverable at the surface, the auditor told the PAC.
But RIL had drilled only in the northwest area and the stipulation that deposits have to be discovered was incorrectly confused prospectivity/ probability and likelihood of petroleum. 
In fact,the contractor also expressed its difficulties in,and efforts made,to hire ultra-deep water rigs acknowledging the need for exploratory drilling in other parts,but at the same time,held on to its opinion of the entire contract being a discovery area, the auditor said.
RIL has said that as it had made a major discovery in an area rejected by international majors and had hit on a successful geographical model,it made technical sense to allow him (the contractor) to establish the model and appraise the area.


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Complaint not against PM,says CVC source 


CBI DIG and officiating spokesperson Binita Thakur said the PE was registered on Friday.The preliminary enquiry may focus more on any misconduct in allocation of coal blocks and their misuse, CBI officials said.
A CVC source said the complaint was primarily against officials and private coal block owners,and was not against the PM.If it was against the prime minister,we would have referred it to the PMO,because CVC is not empowered to investigate the PM or cabinet ministers, he said.
The distinction,however,may not buffer the PM from political attacks because he had held the coal ministrys charge.That he joined issue with activists has encouraged the latter to target him.
The complaint by BJP MPs Hansraj Ahir and Prakash Javadekar the basis for CVCs reference to CBI alleges that many of the 156 private companies allotted coal blocks further sold them off in violation of rules.Among those mentioned in the complaint is a Maharashtra-based company that had put out a newspaper advertisement to sell the allocated block.
CBI sources said they will collect all the documents related to cola block allocation from 2006 to 2009,CAG draft report and details of companies which were given these coal blocks.We will also begin questioning the people connected with the allocation and resale of coal blocks, said the officer.


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Coalgate: PM took no action on BJP MLAs missives 

TIMES NEWS NETWORK 

New Delhi: BJP Lok Sabha member Hansraj Ahir,whose complaint have led the Central Vigilance Commission (CVC) order the CBI to hold a preliminary enquiry (PE) into the allocation of coal blocks between 2006 and 2009,had been writing regularly to the PM since 2009 on the issue,but only got acknowledgements for reply.
According to Ahir,while Prime Minister Manmohan Singh himself regularly acknowledged his letters,the government took no action on the `irregularities regarding allocation of coal blocks to various private entities.
Starting December 24,2008,Ahir wrote to the PM about 10 letters,highlighting allocation of coal blocks to private entities without an open competitive bidding process.He had contended that since 2006 the ministry of coal had distributed scores of coal blocks to some private owners along with few government companies.He argued that a total of 49 billion tonnes of reserves exist in these blocks,of which 21.61 billion tonnes had gone to private firms.He said the allocations on a first-come-firstserve basis were taking place after the government had in June,2004,decided to introduce competitive bidding regime.
Last Wednesday,the PMO had issued a detailed clarification,justifying the entire allocation procedure.It may be stated that the allocation of coal blocks was never looked upon as a potential source for generating revenue for the Central Government.The intent of the government was to induce rapid development of infrastructure which was so very essential to keep the economy on a high growth trajectory.Hence the question of maximizing revenue does not arise at all.The idea of introduction of bidding cropped up only in the wake of increasing demand for captive coal blocks and the consequent necessity of putting in place a process,which is demonstrably more transparent, the PMO said.
Though there is no evidence yet of a criminal conspiracy in allocation of coal blocks,there is an eerie parallel between 2G scam and this case,especially the studied silence of the government to persistent complaints by an Opposition leader.
In the case of 2G scam,Dr Subramanian Swamy and others wrote regularly to the PM and others,but there was no response.Later,the SC blamed the PMO for sitting on the repeated requests to Dr Singh for prosecution of former telecom minister A Raja.
The SC had said,Unfortunately,those who were expected to give proper advice to Prime Minister and place full facts and legal position before him failed to do so... We have no doubt that if the Prime Minister had been apprised of the true factual and legal position regarding the representation made by the appellant,he would have surely taken appropriate decision.


Pc0101200.jpg 
Hansraj Ahir 



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Cong gets an earful on coalgate 

TIMES NEWS NETWORK 

New Delhi: The BJP on Tuesday launched a frontal attack on the Congress on allocation of coal blocks to private companies.
Though Trinamool Congress denied making allegations against the Prime Minister,party MP and chairman of standing committee on coal and steel Kalyan Banerjee said Coal India is asking the Centre to return the coal blocks lying with it,but these were later allocated to private parties.
It is on record that the CIL wants them back because of its future needs, he said.
The Trinamool MP said the Centre,in its action taken report,mentioned it was willing to return the coal blocks based on Coal Indias future needs.I didnt make any allegation against the Prime Minister.I just stated the position as it stands.I referred to the 1st report of the committee in 2009-10 and also the 8th report when a journalist asked me about my stand, he said.
On Monday,Congress president Sonia Gandhi had attacked the opposition for hurling baseless corruption charges against the UPA government.She said it was part of a conspiracy.
BJP spokesperson Ravi Shankar Prasad hit back saying,Sonia ji,you have not done your homework properly What do you expect us to do when worst scams happen under the Prime Minister (Manmohan Singh) and he does nothing 
The Central Vigilance Commission (CVC) asked the CBI to probe the alleged scam in allocation of coal block during 2006-2009 following complaints by two BJP parliamentarians,he said.


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COAL INIDA 20120623a_009100006



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coal india 20120620a_008100007



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