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Revisit Hazardous Industries’ fate in wake of Vedanta Gridlock

Published on 08 July 2018

 (Edited Image courtesy: Youtube & Vedanta)

1) Is a preventive maintenance system in place, including review thereof? 2) Is Identification and prioritization done for all equipment / system requiring preventive maintenance based on criticality? 3) Is there an established procedure for capturing maintenance needs based on condition of each equipment? 4) Are responsibilities assigned and frequencies established? 5) Is there a system in place to report in writing, on a day-to-day basis, all observed substandard actions or hazard conditions?

Many more such questions would have been fired by chemicals safety regulator at the police and other government officials, who currently control Vedanta’s copper-cum-chemicals complex (formerly Sterlite) at Tuticorin inTamil Nadu This would have happened only if we had a statutory, preventive chemical safety statutory framework.

The five questions are verbatim production from the 59-pages‘Chemical Plant Safety & Security Rating System’ drafted by UPA Government in September 2013.

Neither this proposal nor the proposed safety regulator named Chemical Standard Development Organisation (CSDO) envisioned by the draft National Chemical Policy (NCP-2012) have been finalized & implemented.

Would latest litigation over safety of Tuticorin Complex arisen, if the two proposals had been put in action? How long can India avoid the need for a regulator on the lines of US Chemical Safety Board (CSB)? CSB enjoys statutory protection from interference from any executive arm or other regulators.

Modi Government’s failure on policy-cum-regulatory front has thus made Indian chemical industry vulnerable to belligerent activism. This has resulted in bizarre governance & tight-rope justice on account of many public interest litigations (PILs) from anti-Vedanta camp over a decade.

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Pay Bribes to end Crony Capitalistic Rules in Incredible India!

Published on 20 June 2018
 (Image Courtesy: AirAsia)
 
Was 5/20 aviation rule akin to sacred Lakshman Rekha? Or was it contrived to help a few private airline operators enter overseas flights domain earlier reserved for national carriers?
Did bribes exchange hands during UPA & NDA regimes for doing away with five-year domestic experience criteria to seek permit for flying abroad? The relaxed rule now only stipulates operation of 20 aircraft at time of application under the 2016 National Aviation Policy.
Many such questions would stir mind of anyone tracking low-cost airline AirAsia’s turbulent entry into India through joint venture (JV) route in 2013. 
The turbulence was caused by turmoil within JV, anti-JV machinations by certain  airlines, political lobbying & litigation. The turbulence touched a new high on 28th May 2018. 
On this day, Central Bureau of Investigation (CBI) filed a first information report (FIR) against “criminal conspiracy and criminal misconduct” during 2013 to 2016 to benefit Malaysia’s AirAsia (AA), its JV Air Asia (India) Pvt. Ltd. (AAI) and certain associates.  
FIR has named several suspects including unspecified public servants. CBI also raided premises of certain suspects and seized some documents. 
Stakes are high in aviation business as evident from the Government pursuing a parallel hunt for the facts about alleged bribes-tainted lobbying for reforms & breach of regulations. The facts discovery is already being pursued in the courts through two separate petitions filed in 2013 and 2016.  
The bombshell in FIR reads as: “Information has further revealed that Mr. Sunil Kapur in the month of December, 2014 at the coffee shop in the Four Season, Mumbai Hotel along with Mr.Bo Lingam handed over a closed packet containing cash of Rs. 50 lakhs to one Mr. Sriram, which was given by Bo Lingam to facilitate the removal of the then 5/20 rule”.
CBI has alleged that Mr. Kapur, a food service provider, is a lobbyist for AA. He got onboard catering contract on quid pro basis from Tharumalingam Kanalingam @ BO Lingam, AA’s Deputy Group CEO.
Though issues relating AAI are complex and too many, one that deserves scrutiny is 5/20 rule. This is because many such rules have sustained India’s legendary crony capitalism, smothering economic competitiveness. Moreover, arbitrary and discretionary rules promote corruption. They make a mockery of Government’s ease of doing business claims.

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Reborn ZBB Can Help Entities Grow Amidst Disruption

Published on 20 June 2018
 (Edited Image. Courtesy: Accenture)
 
Why Zero-based budgeting (ZBB) has got a new life in the corporate world? Why the Governments across the world largely remain disinterested in retrying ZBB? And why Governments don’t subject colossal tax expenditures/incentives to ZBB? Can re-conceived ZBB be perceived as sustainable growth mantra in the age of unforeseen disruptions?
A lot more such questions are bound to crop up if one delves deep into ZBB - an interest that gets ignited when top multinationals (MNCs) across the world share their ZBB goals & achievements. 
Several consultancy giants have given currency to this trend by pitching value-added ZBB strategies to their clients. A few entities such as Deloitte, however, see ZBB enthusiasm waning fast. 
According to Deloitte’s first Global Cost Survey Report released a few months back, “ZBB use is expected to decrease globally from 13% to 10%, a real decline of 23%”.
Earlier, in a 2016 document captioned ‘Zero-Based Budgeting: Zero or Hero?’Deloitte stated: “ZBB components and theory may be useful in specific sectors under specific circumstances.37 Although the economic environment has driven renewed interest in ZBB, more practical and less costly budgeting alternatives are available that can meet organizational needs”.
As optimists outnumber & outshine pessimists, one can’t afford to overlook impressive data and studies reeled off by the former group. This is the key to understanding why ZBB works well for some and turns out to be a headache for others.

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End Governors’ Discretion Raj By Undoing Constitutional Blunder

Published on 26 May 2018
 (Edited Image from Calligaraphic Edition of Indian Constitution)
 
The storm over formation of Karnataka Government has turned the torchlight on constitutional blunder of giving discretionary powers to governors. They are the nominees and agents of the Central Government in State capitals. Officially, they also serve as Constitutional heads of States. 
In realty, several of them work as agents of the ruling party at the Centre. No wonder then that both BJP and Congress, when in power at the Centre, don’t implement relevant recommendations of four Commissions made over five decades. Even coalition regimes of other parties behave like Congress & BJP. 
Gauge the enormity of Union Government’s indifference by factoring in the Opposition’s repeated calls in Parliament for reforming Governor’s role. 
Status quo on functioning of governors constitutes unprecedented policy paralysis. It owes its origin to ethics resistant, turncoat DNA of Indian politicians. The status quo has thus persisted due to the ruling party’s fatal temptation to utilize Governors’ as instruments for expansion of political power & aggrandizement. The Governor’s post and its discretionary powers are like apsaras for any party that comes to the power at the Centre. 

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