Public-Private Partnership in Indian Infrastructure Development: Issues and Options
Public-Private Partnership in Indian Infrastructure Development: Issues and Options
Public-Private Partnership in Indian Infrastructure Development: Issues and Options
L. Lakshmanan*
Infrastructure bottleneck has been a serious concern in India in its way of robust
pace of economic progression. While many advanced economies and fiscal constrained
developing countries have developed their physical infrastructure successfully either
through private participation or through public-private partnership (PPP) model, in India,
private participation in the process of infrastructure development has received lacklustre
response. While private telecom services is a success story in India, the PPP constitutes a
miniscule share in overall infrastructure building despite initiation of various policy
adjustments and sector-specific reform programmes. The main focus of this paper is to
provide an analytical abstract of sector-wise infrastructure developments in the country
and the status of private participation and the PPP in building such public infrastructure.
This paper raises some specific concerns in the power, transportation, telecom, petroleum,
and urban infrastructure sectors and puts forth suggestive measures to enhance the private
participation. It also identifies some generic issues such as inadequate transparency of
procedures, inappropriate risk allocation, improper project appraisal, cost and time
overruns, overlapping of regulatory independence, dearth of good governance, etc., which
need attention to attract private investors to participate in the public infrastructure building.
Introduction
Physical infrastructure is an integral part of development of an
economy and provides basic services that people need in their every day
life. The contribution of infrastructure to economic growth and
development is well recognised both in academic and policy debates.
Well developed physical infrastructure provides key economic services
efficiently, improves the competitiveness, extends vital support to
productive sectors, generates high productivity and supports strong
economic growth. Physical infrastructure covering transportation, power
*
The author is Assistant Adviser in the Department of Economic Analysis and Policy of the Reserve Bank
of India. He is indebted to Dr. Rakesh Mohan, Deputy Governor for his invaluable suggestions while this
paper was submitted to him as an internal note form. He is also grateful to Shri K.U.B. Rao, Adviser for his
encouragement and guidance. The responsibility of the views expressed in the paper rests with the author
only and the usual disclaimer applies.
38 RESERVE BANK OF INDIA OCCASIONAL PAPERS
projects in the country with private participation and options thereon are
analysed in Section VII. Finally, concluding observations are drawn in
Section VIII.
Section I
Structure of PPP Literature Survey
What is Public-Private Partnership?
The expression public-private partnership is a widely used concept
world over but is often not clearly defined. There is no single accepted
international definition of what a PPP is (World Bank, 2006). The PPP is
defined as the transfer to the private sector of investment projects that
traditionally have been executed or financed by the public sector (IMF,
2004). Any arrangement made between a state authority and a private
partner to perform functions within the mandate of the state authority,
and involving different combinations of design, construction, operations
and finance is termed as Irelands PPP model. In UKs Private Finance
Initiative (PFI), where the public sector purchases services from the
private sector under long-term contracts is called as PPP program.
However, there are other forms of PPP used in the UK, including where
the private sector is introduced as a strategic partner into a state-owned
business that provides a public service.
The PPP is sometimes referred to as a joint venture in which a
government service or private business venture is funded and operated
through a partnership of government and one or more private sector
companies. Typically, a private sector consortium forms a special
company called a special purpose vehicle (SPV) to build and maintain
the asset. The consortium is usually set up with a contractor, a
maintenance company and a lender. It is the SPV that signs the contract
with the government and with subcontractors to build the facility and
then maintain it.
Thus, the PPP combines the development of private sector capital
and sometimes, public sector capital to improve public services or the
management of public sector assets (Michael, 2001). The PPP may
encompass the whole spectrum of approaches from private participation
through the contracting out of services and revenue sharing partnership
40 RESERVE BANK OF INDIA OCCASIONAL PAPERS
private sector along with associated benefits and costs, the PPP may
continue to retain the legal ownership of assets by the public sector. The
nature and scope of the services under privatisation is determined by the
private provider, while it is contractually determined between the parties
in PPP. Under privatisation, all the risks inherent in the business rest
with the private sector while, under the PPP, risks and rewards are shared
between the government and the private sector.
Thus, the PPP operates at the boundary of the public and private
sectors, being neither nationalised nor privatised. Thus, politically, the
PPP represents a third way in which governments deliver some public
services in conjunction with private sector. Moreover, in a practical sense,
the PPP represents a form of collaboration under a contract by which
public and private sectors, acting together, can achieve what each acting
alone cannot (Michael 2001).
The Indian Case
In the Indian context, the term PPP is used very loosely while at the
international arena, the PPP is adopted for developing public assets in
various forms as explained in Table 1. According to Ministry of Finance
Government of India the PPP project means a project based on a contract
or concession agreement, between Government or statutory entity on
the one side and a private sector company on the other side, for delivering
infrastructure service on payment of user charges. This is a narrower
definition as compared to world best practices where the private sector
participation in any form of concession agreement, divestiture of the
public sector, greenfield projects and management and lease contract
are considered as PPP. The Planning Commission of India has defined
the PPP in a generic term as the PPP is a mode of implementing
government programmes/schemes in partnership with the private sector.
It provides an opportunity for private sector participation in financing,
designing, construction, operation and maintenance of public sector
programme and projects. In addition, greenfield investment1 in the
infrastructure development has also been given more encouragement in
India.
1
Greenfield investment is defined as an investment in a start-up project, usually for a major capital investment
and the investment starts with a bare site in a greenfield.
42 RESERVE BANK OF INDIA OCCASIONAL PAPERS
Section II
Global Practices towards PPP in Infrastructure Development
While discussing the infrastructure development, a generic question
arises, Why is PPP needed? In the face of fiscal and other constraints,
governments of most emerging economies have been turning towards
the private sector as a means of financing infrastructure development.
Many countries have, however, found that it is not always easy to attract
the private sector, as the conditions for their participation are, in most
cases, different from the traditional method of funding. A closer alliance
between various parties involved in the infrastructure development will,
however, provide the opportunity to share their views on the risk
perspectives, legislative and regulatory environments, which support
private investment, project funding packages, project formulation and
the means of reducing project preparation and gestation period. It has
been empirically proved that both the public and private sectors have
significant effect on each other, the magnitudes of the long-run influence
of private production on infrastructure expansion are relatively greater
than the reverse for most countries (Eric C Wang 2002). Review of
cross-country experiences while adopting the PPP model in the
infrastructure development would provide due solution to the critical
question raised at the beginning of this Section.
A number of OECD countries have well established PPP
programmes. Other countries with significant PPP programmes include
Australia and Ireland while the US has considerable experience with
leasing. Many continental EU countries, including Finland, Germany,
Greece, Italy, the Netherlands, Portugal and Spain have PPP projects,
although their share in public investment remains modest. Reflecting a
need for infrastructure investment on a large scale, and weak fiscal
positions, a number of countries in Central and Eastern Europe, including
the Czech Republic, Hungary and Poland, have embarked on PPP. There
are also PPP programmes in Canada and Japan. The PPP in most of
these countries are dominated by road projects. Similarly, the EU Growth
Initiative envisages the use of PPP type arrangements primarily to develop
trans-European road network.
PUBLIC-PRIVATE PARTNERSHIP IN INDIAN INFRASTRUCTURE 43
DEVELOPMENT: ISSUES AND OPTIONS
Section III
Status of Private Participation in Infrastructure
Development Global Scenario
Till the early 1990s, provision of infrastructure services were the
monopoly of the government world over and the private sector
participation was very limited. Disenchantment with past approaches to
providing infrastructure services, coupled with tightening budget
constraints, governments have explored how best to harness the benefits
of private participation. Accordingly, the private participation in the
infrastructure development has started picking up in various forms.
Moreover, the globalisation and opening up of the markets by Emerging
Market Economies (EMEs) have provided investment opportunities for
the private investors to develop the public infrastructure projects with or
without collaboration with the public sector. Multilateral Institutions have
also focused their attention towards the progress in the infrastructure
development with private participation, as the basic infrastructure would
accelerate the pace of overall economic development of a country. The
World Bank has stared capturing such details and also a leading data
source for private participation in infrastructure development through
its Private Participation in Infrastructure (PPI) Project Database2. This
database has information on over 3,800 projects in energy,
telecommunications, transport, and water and sewerage sectors spread
across 150 low and middle-income countries. This database covers the
private sector investment/commitment to the development of
infrastructure projects and does not include public investment.
According to PPI database, between 1990 and 2006, about 3841
infrastructure projects have reached financial closure, of which major
share pertaining to Latin America and the Caribbean (31.4 per cent)
followed by East Asia and the Pacific (28.6 per cent) and the Europe and
Central Asia (19.4 per cent) (Table 2). Middle East and North African
region attracted a meager share of private investment at 2.9 per cent.
Though the Latin American and Caribbean countries have attracted more
private projects during the mid-1990s, the pattern has changed during
the recent period towards East Asia and South Asia due to growing
investment opportunities in these countries in tandem with their
macroeconomic developments.
2
This database records contractual arrangements with and without investments in which private parties
assume operating risks in low- and middle-income countries. Projects included in the database do not have
to be entirely privately owned, financed or operated. Some have public participation as well.
46 RESERVE BANK OF INDIA OCCASIONAL PAPERS
Section IV
Indian Experience in Private Participation in Infrastructure
Development
role while transforming the financial savings into investments. But the
problem is that, in the post reform era, there has been decline in activities
and importance of term lending institutions. In fact, some term lending
institutions have converted into banks. Given the huge requirement of
funds for investment in infrastructure and increasing role of private
players, it is natural to expect them to approach banks to raise funds for
investment. As the basic sources of funds for banks are public deposits,
mostly of short or medium term in nature, it would create mismatch in
the asset-liability management of the banking system while lending to
infrastructure on a long term basis, which is to be addressed.
Another major issue is, how to transform corporate and other savings
into infrastructure investment? The 11th Plan document has estimated
that the private share in infrastructure development would reach 30 per
cent during the 11th Plan from 20 per cent during the 10th Plan. Further
more, about 48 per cent of the infrastructure financing requirements has
to come from debt financing. But the development of corporate debt
market is at a nascent stage. A prudent policy to develop the corporate
debt market in India will only help to mobilise such huge investment
requirements, which would facilitate to achieve the desired development
levels in the infrastructure.
Next the foreign investment flows, which requires innovative
instruments and mechanisms that are to be devised much attractive to
capture such inflows. The international financing of infrastructure could
be in the form of greenfield FDI, ADRs, GDRs, asset securitisation, finance
through SPV, etc., for which, suitable policy framework are to be devised
to utilise economically the increasing capital flows without affecting the
domestic monetary and exchange rate stability.
On the whole, the return on infrastructure is not always lucrative as
projects yield returns with considerable lags. Also, the implementation
of infrastructure project is spread over a long period of time. This creates
uncertainty about both the feasibility and profitability of the projects.
The massive investments for infrastructure development, therefore,
require innovative methods of financing and unbundling of risks. The
investment in the infrastructure sector, both from the public and the
private, is to be stepped up significantly to remove the infrastructure
bottlenecks and thereby sustain the economic growth.
54 RESERVE BANK OF INDIA OCCASIONAL PAPERS
Section VI
Sector-wise Private Participation Status and Issues
India has been growing at a level of 9.3 per cent, on an average,
during the last three years and the supply of infrastructure has also
improved to an extent to cope up with the increasing demand. But gaps
are widening. The developments in the infrastructure projects since the
introduction of economic reforms could be captured on the basis of two
major data bases in addition to respective Ministry sources one by the
Planning Commission on PPP projects and the other by the World Bank
on PPI database. As we have already discussed about the PPI database,
let us have a brief overview on the status of sector-wise infrastructure
projects based on Government of India databases and throw some light
on the sector specific issues.
A. Infrastructure Projects under PPP Model
Since most of the infrastructure services are rendered by the
Government, commercial approach towards cost recovery has not been
adopted, and with the limited resources at Governments disposal, PPP
has been encouraged to fill the infrastructure gap. To support the PPP
model projects, a Public Private Partnership Appraisal Committee
(PPPAC) was constituted in January 2006. The PPPAC has been adding
value by shortening the approval process within the Government, reducing
the transaction costs and acting as a central focal point for identifying
and disseminating best practices in rolling out PPP across sectors and
Ministries of the Government. Since its constitution, it has granted
approval to 65 projects, with an estimated project cost of Rs.53,136 crore.
When we look at the overall developments of infrastructure under
PPP model, only 147 projects in the roads, ports, civil aviation and urban
infrastructure have been materialised under the Government of India
scheme. Investment in these projects is expected to be around Rs.59,793
crore. However, only about 33 projects have been completed and the
remaining projects are in progress (Table 8). Majority of the PPP projects
are pertaining to the road sector under BOT or BOOT basis. Government
has entered into concession agreement with the private partners for a
period of 10 to 30 years in these road sector projects for construction,
maintenance and revenue sharing arrangements.
PUBLIC-PRIVATE PARTNERSHIP IN INDIAN INFRASTRUCTURE 55
DEVELOPMENT: ISSUES AND OPTIONS
has generated about 704 billion units of power in 2007-08. Its road
network is the second largest in the world aggregating 3.34 million
kilometers (Kms). Indian Railways is the second largest rail network
under a single management in the world. India is the third largest telecom
services market in the world with 326 million strong telephone networks
at the end of June 2008, including mobile phones of around 287 million.
Indian ports, both major and minor, have estimated to handle 650 million
tonnes traffic during 2006-07. To develop such a huge physical
infrastructure, in addition to PPP model, private sector has also been
directly involved in the development of public infrastructure, particularly
in telecom, power, ports, airports and urban development. Despite various
concession agreements, tax holidays and other benefits to develop the
public infrastructure with private participation, the infrastructure
development so far have said to be not much encouraging due to sector
specific policies and other constraints as discussed below.
Power Sector
India has a huge installed power generation capacity of 1,43,061
MW (end-March 2008), of which the private sector projects constituted
at 14.0 per cent only (Table 11). Government of India has, earlier,
envisaged a mammoth capacity addition plan of 100,000 MW through
2012 to meet its mission of power for all. The 11th Plan has targeted
additional power generation capacity at 78,577 MW, which is more than
the total capacity added in the previous three Plans. Even among the
proposed capacity additions, the private sector would have a share of
only 13.7 per cent, which is very low when compared to power
requirements. This huge capacity addition may not be feasible viewing
from the pace of development of ongoing and proposed new projects.
Table 11: Status of Private Power Capacity (As on March 31, 2008)
(MW)
Item Thermal Hydro Nuclear RES Total
1 2 3 4 5 6
Total Installed Capacity 91907 35909 4120 11125 143061
Of which Private Sector 9772 1230 0 9009 20011
Share in Total Capacity (%) 10.6 3.4 0.0 81.0 14.0
RES: Renewable Energy Sources.
Source: Central Electricity Authority, Ministry of Power, GOI.
58 RESERVE BANK OF INDIA OCCASIONAL PAPERS
system has not been an easy task. It is widely debated that the captive
unit have found it difficult to transmit excess power through the national
grid, while putting private grid is a costly affair and unviable option at
the initial stage.
Fifth, renewable energy should play a major role in the supply of
power. However, using of renewable energy sources in India is very
limited at around 25 per cent of hydro power and another 7.7 per cent of
other renewable energy out of total installed capacity, which is to be
encouraged in the wake of their availability, cost and environmental
friendly features. Gross wind power potential in the country has been
estimated at over 45,000 MW, based on the areas having wind power
density of 200 Watt per square meter or more, which is to be explored
fully to optimise the power generation at a lower cost. When renewable
energy sources are used, the demand for fossil fuels will be reduced.
Unlike fossil fuels, most renewable sources do not directly emit
greenhouse gases. In view of aforesaid issues, power sector reform has
to go a long way, although the legislative and institutional pre-requisites
are now in place. If implemented properly, it would create a user
competition in wholesale as well as retail power supply.
Telecommunication Sector
Usually, the Government owned operators play a major role in the
development of telecom sector worldwide. In India, private investment
and association of the private sector was needed in a big way to bridge
the resource gap. Therefore, the telecom sector was opened up for private
participation after the announcement of industrial policy in 1991 to bridge
the gap. As a result, the private telecom companies have started operations
in the Indian soil due to vast availability of market potentials. Slowly,
they picked up their market share and currently they outperform the
government owned services due to increasing commercial gains.
Adoption of unified access service, accepting the intra-circle mergers
and acquisitions, licensing regulations and announcement of broadband
policy, the private sector has continued to play a significant role in the
growth of the telecom sector and their participation has increased
significantly during the recent period. The total telephone connections
PUBLIC-PRIVATE PARTNERSHIP IN INDIAN INFRASTRUCTURE 61
DEVELOPMENT: ISSUES AND OPTIONS
the crude oil production as well as refinery capacity of the country would
ease strain on domestic petroleum prices and supply.
Roads and Highways
The PPP model may be considered as a successful one not only in
the world over but also in India in the development of road sector as
majority of the on-going highways development projects have been taken
up under this model. With a view to attract private investment in road
development, maintenance and operation, National Highways Act (NH
Act) 1956 was amended in June 1995 to facilitate private participation
in road infrastructure projects. While there are a number of forms of
PPP, the common forms that have been used for development of National
Highways are Build Operate and Transfer (BOT) on Toll basis, BOT on
Annuity basis and SPV basis. At present, the Government has embarked
upon a massive programme to develop highways through the National
Highways Development Project (NHDP), Phase-I to Phase-VII. Under
these projects, 13,146 Kms of National highways have been proposed at
an estimated cost of Rs.54,000 crore. So far 82 projects valued about
Rs.23,104 crore have been taken up on BOT (Toll) basis. Of this, 34
projects have been completed and remaining 48 projects are under
progress. Under annuity basis, 25 projects covering a length of 1376
Kms have been taken up, of which eight projects have been completed
and the remaining projects are under progress (Table 14). Another 12
projects have been taken up under SPV funding, of which five projects
have been completed. Given the unmatched investment opportunity,
contractors and supervision consultants consisting of 46 firms from 27
countries have been implementing about 80 projects with a cost of about
Rs.22,000 crore in India.
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