Recently there have been news reports about the NITI Aayog submitting its recommendations on improving the financial health of Air India to the Ministry of Finance.[1],[2]  The Civil Aviation Ministers have also mentioned that the Ministry will soon propose a roadmap for the rejuvenation of the national airline.  While the NITI Aayog report is not out in the public domain yet, we present a few details on the financial health of the airline.

Finances of Air India

In 2015-16, Air India earned a revenue of Rs 20,526 crore and registered losses of Rs 3,837 crore.  As of March 31, 2015, the total debt of Air India was at Rs 51,367 crore.[3]  This includes Rs 22,574 crore outstanding on account of aircraft loans.  The figure below shows the losses incurred by Air India in the last few years (2007-16).

image(1)

According to the Ministry of Civil Aviation, reasons for Air India’s losses include: (i) the adverse impact of exchange rate variation due to the weakening of Indian Rupee, (ii) high interest burden, (iii) increase in competition, especially from low cost carriers, and (iv) high fuel prices.[4]  The National Transport Development Policy Committee (NTDPC), in its report in 2013, had observed that with the increase in the number of airlines in the market, Air India has been struggling to make a transition from a monopoly market to a competitive one.[5]  These struggles have been primarily regarding improving its efficiency, and competing with the private airlines.

Turnaround Plan and Financial Restructuring

In order to bail out the company, the government had approved the Turnaround Plan (TAP) and Financial Restructuring Plan (FRP) of Air India in April 2012.[6]  Under the plans, the government would infuse equity into Air India subject to meeting certain milestones such as Pay Load Factor (measures capacity utilisation), on time performance, fleet utilisation, yield factor (average fare paid per mile, per passenger), and rationalisation of the emolument structure of employees.7  The equity infusion included financial support towards the repayment of the principal, as well as the interest payments on the government loans for aircraft acquisition.  Under the TAP/FRP, the central government was to infuse Rs 30,231 crore till 2020-21.  As of 2016-17, the Ministry has infused an equity amount of Rs 24,745 crore.[7]

In 2017-18, the Ministry has allocated Rs 1,800 crore towards Air India which is 67% of the Ministry’s total budget for the year.[8]  However, this amount is 30% lower than the TAP commitment of Rs 2,587 crore.3  In 2016-17, while Air India had sought and equity infusion of Rs 3,901 crore, the government approved Rs 2,465 crore as the equity infusion.[9]  The Standing Committee on Transport, Tourism, and Culture examining the 2017-18 budget estimates noted that reducing the equity infusion in Air India might adversely affect the financial situation of the company.[10]  It recommended that the government must allocate the amount committed under TAP.  The Ministry had also observed that due to reduction of equity infusion, Air India has to arrange funds through borrowing which costs additional amount of interest to be paid by the government.[11]

As per the Ministry, Air India has achieved most of the targets set out in TAP.[12]  Despite running into losses, it achieved an operating profit of Rs 105 crore in FY 2015-16.[13]  Air India’s performance in some of the segments are provided in the table below.

Table 1: Air India’s performance

  2011-12 2014-15
Overall Network On Time Performance (measures adherence to time schedule) 68.2% 72.7%
Passenger Load Factor (measures capacity utilisation of the airline) 67.9% 73.7%
Network Yield achieved (in Rs/ RPKM)* 3.74 4.35
Number of Revenue Passengers (in million) 13.4 16.9
Operating Loss (in Rs crore) 5,139 2,171

* Note: RPKM or Revenue Passenger Kilometre performed refers to number of seats for which the carrier has earned revenue.

Sources: Lok Sabha Questions; PRS.

The NTDPC had observed that with its excessive and unproductive manpower, failure to invest in the technology required to keep it competitive, and poor operations, Air India’s future looks risky.  It had also questioned the rationale for a national airline.  It had suggested that the government must frame a decisive policy with regard to Air India, and clarify its future accordingly.5  It had recommended that Air India’s liabilities should be written off and be dealt with separately, and the airline should be run on complete operational and financial autonomy.5

Need for competitive framework in the sector

With the entrance of several private players in the market, the domestic aviation market has grown significantly in the last decade.  The market share of an airline is directly related to its capacity share in the market.  While private carriers have added capacity in the domestic market, the capacity induction (adding more aircrafts) of Air India has not kept up with the private carriers.  This has resulted in decrease in market share of Air India from 17% in 2008-09 to 14% in 2016-17.[14]

The Committee looking at the competitive framework of the civil aviation sector had observed that the national carrier gets preferential treatment through access to government funding, and flying rights.[15]  It had recommended that competitive neutrality should be ensured between private carriers and the national carrier, which could be achieved by removing the regulations that provide such preferential treatment to Air India.  The NTDPC had also noted that the presence of a state-owned enterprise should not distort the market for other private players.6  It had recommended that the Ministry should consider developing regulations that improve the overall financial health of the airline sector.

While Air India’s performance has improved following the TAP, along with the equity infusion from government, its debt still remains high and has been gradually increasing.  In light of this, it remains to be seen what the government will propose with regard to the rejuvenation of the national airline, and ensure a competitive and fair market for all the players in the airline market.

[1] “Govt to prepare Air India revival plan within 3 months, amid calls for privatization”, Livemint, May 31, 2017, http://www.livemint.com/Politics/0koi5Hyidj1gVD3wOWTruM/Govt-says-all-options-open-for-Air-India-revival.html.

[2] “Air India selloff: Fixing airline’s future is more important than past”, Financial Express, May 31, 2017, http://www.financialexpress.com/opinion/why-fixing-air-indias-future-more-important-than-past/693777/.

[3] Lok Sabha Questions, Unstarred question no 382, Ministry of Civil Aviation, February 25, 2016, http://164.100.47.194/Loksabha/Questions/QResult15.aspx?qref=28931&lsno=16.

[4] Lok Sabha Questions, Unstarred question no 353, Ministry of Civil Aviation, November 17, 2016, http://164.100.47.194/Loksabha/Questions/QResult15.aspx?qref=40733&lsno=16.

[5] “Volume 3, Chapter 3: Civil Aviation”, India Transport Report: Moving India to 2032, National Transport Development Policy Committee, June 17, 2014, http://planningcommission.nic.in/sectors/NTDPC/volume3_p1/civil_v3_p1.pdf.

[6] “Government Approves Financial Restructuring and Turn Around Plan of Air India”, Press Information Bureau, Cabinet Committee on Economic Affairs (CCEA), April 12, 2012, http://pib.nic.in/newsite/PrintRelease.aspx?relid=82231.

[7] Lok Sabha Questions, Unstarred question no 472, Ministry of Civil Aviation, April 6, 2017, http://164.100.47.194/Loksabha/Questions/QResult15.aspx?qref=51752&lsno=16.

[8] Notes on Demands for Grants 2017-18, Demand no 9, Ministry of Civil Aviation, http://indiabudget.nic.in/ub2017-18/eb/sbe9.pdf.

[9] Lok Sabha Questions, Unstarred question no 4809, Ministry of Civil Aviation, March 30, 2017, http://164.100.47.194/Loksabha/Questions/QResult15.aspx?qref=51108&lsno=16.

[10] “244th report: Demand for Grants (2017-18) of Ministry of Civil Aviation”, Standing Committee on Transport, Tourism and Culture, March 17, 2017, http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Transport,%20Tourism%20and%20Culture/244.pdf.

[11] “218th report: Demand for Grants (2015-16) of Ministry of Civil Aviation”, Standing Committee on Transport, Tourism and Culture, April 28, 2015.

[12] Lok Sabha Questions, Unstarred question no 307, Ministry of Civil Aviation, February 25, 2016, http://164.100.47.190/loksabhaquestions/annex/7/AU307.pdf.

[13] Lok Sabha Questions, Unstarred question no 1566, Ministry of Civil Aviation, March 9, 2017, http://www.loksabha.nic.in/Members/QResult16.aspx?qref=47532.

[14] Lok Sabha Questions, Unstarred question no 312, Ministry of Civil Aviation, March 23, 2017, http://164.100.47.194/Loksabha/Questions/QResult15.aspx?qref=49742&lsno=16.

[15] Report of the Committee Constituted for examination of the recommendations made in the Study Report on Competitive Framework of Civil Aviation Sector in India, Ministry of Civil Aviation, June 2012, http://civilaviation.gov.in/sites/default/files/moca_001870_0.pdf.

 

‘Ease of doing business’ refers to the regulatory environment in a country to set up and operate a business.  Every year, the World Bank compares the business environment in 190 countries in its Ease of Doing Business Report.  In its report released yesterday, India’s rank improved to 100 out of 190 countries in 2017, from its rank of 130 in the previous year.[1],[2]  In this context, we explain the parameters on which each country is ranked, what has led to India’s improvement in rankings, and some recommendations made by committees to further improve the business environment in the country.

What parameters is a country ranked on?

Table 1 (2)The ease of doing business rankings are based on a country’s performance on 10 parameters such as enforcing contracts and starting a business.  In India, these rankings are based on the business environment in Mumbai and Delhi.  A lower rank indicates better performance on that parameter, whereas a higher rank indicates worse performance on the indicator.  India’s ranking improved in six out of the 10 parameters over the previous year, while it remained the same or fell in the remaining four (see Table 1).

Note that these parameters are regulated by different agencies across the three tiers of government (i.e. central, state and municipal).  For example, for starting a business, registration and other clearances are granted by central ministries such as Finance and Corporate Affairs.  Electricity and water connections for a business are granted by the state electricity and water boards.  The municipal corporations grant building permits and various other no objection certificates to businesses.

What has led to an improvement in India’s ease of doing business rankings?

According to the 2017 report, India introduced changes in some of these parameters, which helped in improving its ranking.1  Some of these changes include:

  • Starting a business: Starting a business involves obtaining clearances, and conforming to various regulations under laws such as Companies Act, 2013.  The report noted that India merged the application procedure for getting a Permanent Account Number (PAN) and the Tax Account Number (TAN) for new businesses.  It also improved the online application system for getting a PAN and a TAN.
  • Getting credit and resolving insolvency: The Insolvency and Bankruptcy Code passed in 2016 provides for a 180-day time-bound process to resolve insolvency.[3]  It also provides for the continuation of a debtor’s business during these proceedings.  The Code allows secured creditors to opt out of resolution proceedings, and specifies that a debtor will be immune against creditor claims during the 180-day insolvency resolution process.  Prior to the passage of the Code, it took 4.3 years in India to liquidate a business (as of 2015).
  • Paying taxes: The report notes that India made paying taxes easier by requiring that payments to the Employees Provident Fund are made electronically.[4]  Further, it introduced measures to ease compliance with corporate income tax.1,[5]
  • Trading across borders: Import border compliance at the Jawaharlal Nehru Port, Mumbai was reduced.  Export and Import costs were also reduced through increasing use of electronic and mobile platforms, among others.
  • Enforcing contracts: The introduction of the National Judicial Data Grid has made it possible to generate case management reports on local courts.[6]

What are some of the other recommendations to improve the business environment in India?

Over the last few years various committees, such as an Expert Committee constituted by the Department of Industrial Policy and Promotion and the Standing Committee of Commerce, have studied the the regulatory requirements for starting a business in India and the made recommendations on the ease of doing business.[7],[8],[9]  Some of the issues and recommendations made by these committees are discussed below.

Starting a business:  The Standing Committee observed that regulations and procedures for starting a business are time-consuming.8  The Committee observed that as a consequence, a large number of start-ups are moving out of India and setting base in countries like Singapore where such procedures are easier.  It emphasised on the need to streamline regulations to give businesses in India a boost.  Note that the government announced the ‘Start-up India Action Plan in January 2016.[10]  The 19-point plan identified steps to simplify the process for registering and operating start-ups. It also proposed to grant tax exemptions to these businesses.

The Committee had suggested that the procedures and time period for registration of companies should be reduced.  In addition, a unique business ID should be created to integrate all information related to a debtor.  This ID should be used as sole reference for the business.

Acquiring land, registering property:  Under the current legal framework there are delays in acquiring land and getting necessary permissions to use it.  These delays are on account of multiple reasons including the availability of suitable land and disputes related to land titles.  It has been noted that land titles in India are unclear due to various reasons including legacy of the zamindari system, gaps in the legal framework and poor administration of land records.[11]

The Standing Committee observed that the process of updating and digitising land records has been going on for three decades.  It recommended that this process should be completed at the earliest.  The digitised records would assist in removing ambiguity in land titles and help in its smooth transfer.  It also suggested that land ownership may be ascertained by integrating space technology and identification documents such as Aadhaar.  Note that as of September 2017, land records had been linked with Aadhaar in 4% of the villages across the country.[11]

Several states have taken steps to improve regulations related to land and transfer of property.8 These steps include integration of land records and land registration by Andhra Pradesh and Gujarat, and the passage of a law to certify land titles in urban areas by Rajasthan.  The Committee also recommended creating a single window for registration of property, to reduce delays.8

Construction permits:  In India, obtaining construction permits involves multiple procedures and is time consuming.  The Standing Committee had observed that it took 33 procedures (such as getting no objection certificates from individual departments) over 192 days to obtain a construction permit in India.8  On the other hand, obtaining a similar permit in Singapore involved 10 procedures and took 26 days.

Taxation:  The Standing Committee had noted that the tax administration in India was complex, and arbitration proceedings were time-consuming.  It observed that the controversies on the Minimum Alternate Tax on capital gains and the tax disputes with companies like Vodafone and Shell had harmed India’s image on taxation matters.  Such policy uncertainty and tax disputes have made foreign companies hesitant to do business in India.8

The Committee observed that for ‘Make in India’ to succeed, there is a need for a fair, judicious and stable tax administration in the country.  Further, it suggested that to reduce harassment of tax payers, an electronic tax administration system should be created.8  Such a system would reduce human interface during dispute resolution.  Note that the Goods and Services Tax (GST) was introduced across the country from July 1, 2017.  The GST framework allows for electronic filling of tax returns, among other measures.[12]

Enforcing contracts:  Enforcing contracts requires the involvement of the judicial system.  The time taken to enforce contracts in India is long.  For instance, the Standing Committee noted that it took close to four years in India for enforcing contracts.  On the other hand, it took less than six months for contract enforcement in Singapore.  This may be due to various reasons including complex litigation procedures, confusion related to jurisdiction of courts and high existing pendency of cases.8

The Standing Committee recommended that an alternative dispute resolution mechanism and fast track courts should be set up to expedite disposal of contract enforcement cases.  It suggested that efforts should be made to limit adjournments to exceptional circumstances only.  It also recommended that certified practitioners should be created, to assist dispute resolution.8

[1] ‘Doing Business 2018’, World Bank, http://www.doingbusiness.org/~/media/WBG/DoingBusiness/Documents/Annual-Reports/English/DB2018-Full-Report.pdf.

[2] ‘Doing Business 2017’, World Bank, http://www.doingbusiness.org/~/media/WBG/DoingBusiness/Documents/Annual-Reports/English/DB17-Full-Report.pdf.

[3] Insolvency and Bankruptcy Code, 2016, http://www.prsindia.org/billtrack/the-insolvency-and-bankruptcy-bill-2015-4100/.

[4] G.S.R. 436 (E), G.S.R. 437 (E) and G.S.R. 438 (E), Gazette of India, Ministry of Labour and Employment, May 4, 2017, http://labour.gov.in/sites/default/files/Notifications%20for%20amendment%20under%20EPF%2C%20EPS%20and%20EDLI%20Schemes%20for%20e-Payment_0.pdf.

[5] Finance Bill, 2017, http://www.prsindia.org/billtrack/the-finance-bill-2017-4681/; Memorandum explaining the provisions of the Finance Bill, 2017, http://unionbudget.nic.in/ub2017-18/memo/memo.pdf.

[6] National Judicial Data Grid, http://njdg.ecourts.gov.in/njdg_public/index.php.

[7] Report of the Expert Committee on Prior Permissions and Regulatory Mechanism, Department of Industrial Policy Promotion, February 27, 2016.

[8] ‘Ease of Doing Business’, 122nd Report of the Department Related Standing Committee on Commerce, December 21, 2015, http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Commerce/122.pdf.

[9] Ease of Doing Business: An Enterprise of Survey of Indian States, NITI Aayog, August 28, 2017, http://niti.gov.in/writereaddata/files/document_publication/EoDB_Single.pdf.

[10] Start Up India Action Plan, January 2016, http://www.startupindia.gov.in/pdffile.php?title=Startup%20India%20Action%20Plan&type=Action&q=Action%20Plan.pdf&content_type=Action&submenupoint=action.

[11] Land Records and Titles in India, September 2017, http://www.prsindia.org/parliamenttrack/analytical-reports/land-records-and-titles-in-india-4941/.

[12] The Central Goods and Services Tax Act, 2017, http://www.prsindia.org/billtrack/the-central-goods-and-services-tax-bill-2017-4697/.