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FRAMEWORK
Objectives
This deals with the regulatory and promotional policy framework that emerged out of the
industrial policies pursued since 1948. The Unit enables you to gain acquaintance with :
• The salient features of the regulatory and promotional industrial policy framework
comprising industrial licensing, MTRP Act, FERA, SSI protection policy, industrial
and performance.
Structure
12.1 Introduction
12.2 Taxation
12.4 Summary
varying degree of intensity – the need for a public policy which could direct, promote or
control or regulate the economic activities in accordance with the goals and objectives of
the economy.
In almost all economics, Government plays a role, major or minor, directly in economic
Thus, public sector and private sector do exist with varying degrees of importance in
every economy.
India has accepted the principles of a mixed economy, wherein both public and private
sectors have to co-exist with fair degrees of importance. However, it was the public
sector which was assigned a major role under the Industrial Policy Resolution (IPR) 1956
for Industrialisation of the country, since private sector was found to be lacking in
resources and maturity or ability then to participate in a major way in the Industrialisation
of the economy.
To industrialize the country by assigning a major role to the pubic sector, Government
formulated regulatory industrial policies, keeping in view the basic goals of the nation:
economic growth, self-reliance and social justice. Therefore, the regulatory policy
policy instruments :
regions;
- Taxation.
On the whole, industrial activities were subjected to a wide variety of controls and
To regulate the flow of investment in desired channels of industries and locations and to
match supply of industrial commodities with demand on the lines of national priorities,
production, by firm and product. A license is a written permission from the Government
industrial undertaking, its location, the articles to be manufactured, their capacity on the
basis of maximum utilisation of plant and machinery and other appropriate conditions
which are enforceable under the Act. It is also subject to a validity period within which
Industrial licensing was introduced under the Industries Development and Regulation
(IDR) Act. The IDR Act was passed in October 1951 and the Act came into force on 8th
May, 1952. The Act applies to all the industries specified in the first schedule of the Act.
Originally this schedule listed 37 industries but the scope of the Act had been enlarged
The IDR Act empowers the Central Government to exempt any industrial undertakings
from the operation of all or any of the provisions of the Act. Exemption is granted on the
basis of investment involved, the nature of industry, foreign exchange requirements, etc.
The chief objective of the Act is the development and regulation of industries in a
manner befitting the policy of planning, socialistic pattern of society, and other social and
of production by more than 10 per cent of the licensed capacity. Since 1966,
Till 1960, industrial licensing was needed for all units having investment of more than
Rs. 10 lakhs inland, buildings and machinery. Since then, the licensing exemption limit
has been raised from time to time (See Table 12.1) Since 1988, the exemption limit has
According to IDR Act 1951, all those industrial undertakings established prior to the
required for new undertakings, manufacture of new articles and for substantial expansion.
Application for C.O.B. license has to be made in Form EE and application for changing
the location of an existing industrial undertaking has to be made in the Form `E’. The
of Industry.
applicant within a month from the date of submission. The letter indicates the conditions
license. The condition may comprise furnishing details such as terms of foreign
collaboration, import of capital equipment, issue of capital, etc. Once the conditions
inculpated in the Letter of Intent are fulfilled, it is converted not an industrial license.
The initial validity of industrial licenses is two years within which commercial
production from the licensed capacity has to be established. This period can be extended
by the Administrative Ministry concerned if there is good and sufficient reason for two
Since the 80’s a number of exemptions and relaxations were introduced in industrial
licensing to promote growth and competition in industry in general and selected industrial
in particular. More flexibility for increasing capacity was permitted under various
the system of capacity licensing continued to act as a significant barrier to entry and
growth.
The Industrial Licensing System which was a major regulatory and controlling
instrument for industrial growth, had been criticised on various fronts. The system had
By and large, licensing system had discouraged potential investors, dampened the overall
growth of industrial investment, and inhibited the ability of firms to take advance of
There was no explicit economic criteria for weighing different objectives for granting or
rejecting industrial licenses. This was reflected in the `poor quality’ of techno-economic
There was inordinate delay in the processing and clearance of applications for industrial
licenses. This had also deterred entry and growth. For example, between 1982 and 1985,
fewer than half of the applications for capacity licenses were decided in stipulated three
competitors. Such licenses were usually not converted into installed capacity. IN such
cases, the most common reason for rejecting a license application was the existence of
“adequate capacity”. This is because, it was assumed that all sanctioned capacity was
fully utilised when license applications were processed. The presence of such unutilized
licenses had only facilitated the creation and substance of sellers’ market.
In certain industries like cement, the market demand and the periodic fluctuations in it
were not anticipated and budgeted appropriately by the licensing authorities. As a result,
the efforts to balance supply with demand by licensing led to alternating periods of
than those on entry. Thus, licensing had functioned as a barrier to growth, limiting
specialisation and the exploitation of scale economics. Due to the bias towards a new
unit, existing units tended to apply for licenses to build a new plant and produce a new
product rather than expand and specialize, resulting in excessive diversification and
industrial fragmentation.
There were also instances where companies did not adhere to the provisions of industrial
licensing. Plans of expansion were implemented even without prior licenses. In certain
cases, companies which obtained multiple licenses to reduce multiple products, utilised
less of the licensed capacity in one product whereas produced far in excess of the
authorised capacity in respect of some other products. Thus, there was considerable
diversion of resources and raw materials obtained in the name of one license to the
Finally industrial licensing did not succeed to curb or restrict over Capitalisation in the
in certain industries coupled with shortages in the rest. On the whole, the very objective
of matching supply with demand in accordance with the national priorities remained a
distant reality.
prevent the emergence of private monopolies and the concentration of economic power in
the hands of a small number of individuals. In April 1964, the Government of India
appointed the Monopolies Inquiry Commission to inquire into the extent and effect of
concentration of economic power in private hands and the prevalence of monopolistic
and restrictive practices in important sectors of economic activity other than agriculture.
The Commission submitted its report in October, 1965. On the basis of the
(MRTP) Bill was enacted in 1969 and came into force in 1970.
The MRTP Act 1969 aims at controlling industrial activities of the country with a view to
give effect to directive principles of state policy which states that the ownership and
control of material resources of the country should be so distributed as to sub serve the
common good and that the operation of the economic system does not result in the
The control over monopolies and restrictive trade practices in exercised through (i)
undertakings, and (iii) registration and control of agreements relating to restrictive trade
practices.
MRTP Commission
The Commission under MRTP Act, 1969 was appointed in 1970 with a Chairman and
two members. The Chief function of the Commission is to review periodically the trends
trade practices and to report to the Central Government its findings for necessary action.
The third important function is to inquire into any restrictive trade practices prejudicial to
Under the MRTP Act 1969, MRTP firms were originally defined as enterprises or
interconnected firms that had assets of Rs.20 crore or more or a dominant market share
(33 per cent or more). The definition of dominant market share was tightened in 1984 to
25 per cent or more. In 1985, the MRTP asset limit was raised to Rs.100 crore.
)I) concentration of economic power: Under section 21, subsection 1(a), “dominant
undertakings” shall not substantially expand their activities without prior approval.
Substantial expansion means 25 per cent increase in the value of assets, volume of
production or sales.
(ii) Establishment of new undertakings: No person or authority other than the
exclusive sole distribution ship agreement, any agreement for exclusion of any
Thus, the MRTP Act provided the Government an additional instrument for controlling
large firms. In other words, large firms faced additional barriers to entering new lines of
Even within the economic sphere permitted to MRTP companies, the MRTP clearance
procedure was more restrictive than he procedure for companies in general. Between
1982 and 1984, the approval rate of industrial license applications involving MRTP
clearances was 25 per cent whereas it was 40 to 50 per cent for the companies in general.
The processing time was usually longer. Less than half of all applications by MRTP
companies were decided within one year and may took two or more years.
Further, MRTP limitations on entry and expansion of large firms prevented them from
Thus, the restrictions on large firms under the MRTP Act paradoxically protected firms
dominant in their markets when the Act was implemented. Thus the Act, in effect,
divided certain industries into a series of protected monopolies, each within an assured
share of the market. In machinery manufacturing for pulp and paper, earth moving
equipment, packaging, cement and printing, the fourth biggest firms accounted for more
than 70 per cent of the market in the mid 1980s. The trend only moved towards further
concentration. At the beginning of 1990s, in more than half of India’s industries, the
market share of four large firms ranged between 80 per cent and 100 per cent.
The IPR 1948 duly recognized the role of foreign investment in India’s industrialization.
However, it emphasized that ownership and control of all enterprises involving foreign
equity should lay in India hands. The objective behind encouraging foreign investment
was to supplement domestic capital and to bridge technology gaps for industrialization.
A policy shift began in the mid 60s as the country opted for highly selective purchase of
collaborations. Industries were classified under lists for banned and favoured sectors for
technical collaboration. Royalty rates and fees were prescribed for outright purchase of
technology. Separate policies were pursued for `Indian sing’ management and diluting
The coming into being of Foreign Exchange Regulation Act (FERA) 1973 put further
restrictions on foreign investment. FERA, with certain exceptions, put a general ceiling
- FERA forced foreign equity to come down to 40 per cent or less or else
The major objective of FERA limiting equity upto 40 per cent was to limit the foreign
exchange drain in the form of repatriation of dividends. However, FERA did not have
any positive impact. New foreign investment decliend and the erstwhile subsidiaries with
minority equity status received a deduced flow of technology from parent companies and
had to enter into collaborations for relatively minor technology transfers. Thus, there was
touch improvement in the balance of payments. Royalty and technical fees increased,
Assigning a major role to the public sector in industrialising the country formed an
infrasctrure were exclusively reserved for the public sector. These included railways,
telecommunications, air transport, defence, minerals, coal etc. The objective was to
Public sector enterprises were also given preference for licenses in other industries
including steel, capital goods and oil refineries. Due to these deliberate policies of public
sector promotion, total investment in Central Government public sector enterprise rose
from Rs. 953 crore in 48 units in 1960/61 to Rs. 50,300 crore in 225 units in 1985/96.
The share of public sector in total manufacturing GDP went up from 7 per cent in
enterprises (Poses) enjoyed low financial costs due to equity capital contributions from
the Government. PSEs also had the privilege of issuing tax exempted bonds. PSEs,
further had the access to budgetary funds which reduced pressures to minimize costs and
charge appropriate prices for their products. On the whole, there was all round
protection to the public sector. This is because, unlike the private sector, public sector
enterprises had been burdened with multiple objectives such as employment generation,
reduction in regional disparities through Industrialisation of backward areas, generation
However, the all-round protection and the burden of social objectives had a telling effect
on the financial performance public sector enterprise. The overall financial performance
of PSEs had been poor. In industries where both public sector and private sector
coexisted, the performance in terms of capacity utilisation and profitability was generally
high in the private sector than in the public sector. Thus, though public sector enlarged
its presence in core as also non-core sectors due to deliberate policies, its performance
was unimpressive in consideration with the huge public investments made in the sector.
- Restrictions on the growth of output and capacity in the large scale industry
compartments. These policies together motivated many small enterprises to stay small
rather than to grow, even where a product was not reserved. They increased their
operations by establishing more small units. Thus, “small became an end in itself”.
For products in which scale economies are important the policy of product reservation
limited the scales of production sub optimal level, by presenting or inhibiting growth
beyond the asset limits and by eliminating potential competition from medium scale and
large scale firms, SSI policies have considerably reduced the pressured for small firms to
and reduce costs. As a result, technology upgrdation and Modernisation have become a
Balanced regional development has been a major goal of India’s industrial policy. The
policy instruments used to achieve this goal varied from time to time. In the 50s and 60s,
development. Public sector enterprises were located in resource rich less developed
states. In addition, uniform prices were ensured for basic inputs like steel, cement and
capital subsidy, interest rate concessions, transport subsidy and tax holidays were
introduced to attract industries to such regions. In the 1980s fiscal incentives were
towards backward regions for further investments. Restrictions were also imposed on the
entry of large firms into cities having a population of more than a million.
In addition to central level policies, there were state level incentives including sales tax
state level incentives varied from state to state. The objectives of state level incentive
However, in effect, industrial location policy emerged more as a constraint for rational
framework. These commodities comprised steel, fertilizer, paper sugar, cement, drugs,
coal and petroleum products, among others. During the late 80s, prices of as many as 65
3. To control inflation by limiting price increases that might have arisen as a result
The prices of these products were set by the Ministry concerned, based on the
recommendations of the Bureau of Industrial Costs and Prices (B.I.C.P.) and various
industry specific committee. Prices were usually calculated on a cost plus basis to
provide reasonable return on capital. But the application of these principles varied from
- a uniform price for all plants for a given product (egg. Steel)
- different prices for different plants for same product depending on the age of
- different prices for the same product from a given plant (e.g., levy and non-levy
cement)
Administered price controls have adverse effects on efficiency and growth of industry :
- Shortages emerged from time to time in consumer goods industries like paper and
- There were substantial shortages in the supply of cement until rapid investment
- Suppressed increases in steel price during the late 1960s, and 1970s reduced
several sectors.
12.9 TAXATION
High rates of tax structure, both direct and indirect, formed another significant aspect of
the regulatory framework. The level and incidence of direct and indirect taxation had a
detrimental effect on entrepreneurial behaviour and incentives and thereby the efficiency
of industrialist ion. Higher rates of corporate and income taxes only encouraged task
High level of indirect taxes, especially excise and sales taxes had made India a high cost
economy and hampered exports. The cascading nature of these taxes also encouraged
economics of scale. Further, varying rates of states sales taxes and Octroi have
transport costs.
The regulatory policy framework, emerged out of the Industrial Policy Resolution of
1956 and pursued for more than three decades, had affected :
1. The structure of industry comprising structure of industrial production, size
Goods
Goods
Total 100.0 100.0 100.0 100.0
The basic and capital goods industries which accounted for less than 10 per cent of
manufacturing value added (MVA) in 1950 and 40 per cent in 1960, accounted for 57 per
cent in 1984. The share of consumer goods which accounted for more than one third of
The regulatory policies created differential barriers to entry, growth and exist for
different sizes of firms. Thee had a dampening effect on the gradual growth of firms, a
Production Scale
Another consequence of regularly policies was to constrain plant size. Even large firms
were often made up of many small production units. Licensing constraints, protection to
small industry units, and limited size of the domestic market together had led to the
growth of plants with less than economic scales of production. The average plant size of
result, are higher than could be achieved with plants of minimum efficient scale.
Market Concentration
Though many Indian plants are small by international standards, production was
concentrated only in a few firms in many industries. This is a paradox considering that
industries licensing in general, and MRTP Act in particular, were aimed at controlling
large and dominant firms. This probably reflects the small size of the domestic market.
As mentioned earlier, in industries such as pulp and paper, earth moving, packaging,
printing and cement, the four largest first accounted for 70 per cent or more output in
1983/84. The concentration ratios were similarly high another industries including basic
Concentration in India was also high relative to other countries. For example, indicia 55
per cent of Industrial segments had four-firm concentration ratios in the range of 80 to
100 percent whereas in Japan only 9 per cent of industrial segments had this degree of
concentration.
The important issue that needs to be noted here is that not only a few firms had a
dominant share in many industries despite legislations to control monopolies, but more
importantly they were protected from competition, both within the country and abroad,
by not allowing other firms to enter into those `highly concentrated’ industries.
Production Specialisation
Absence of product specialisation and horizontal diversification in many industries is
industries was characterised by inappropriate product miss at the firm as well as at the
sub-sector level. Too many products are manufactured by one single firm in many an
industry.
locally encouraged domestic production of any item that could be produced in the
- the licensing regime was less restrictive in granting licenses for new product lines
than for expansion within the same product category. This promoted horizontal
The regulatory industrial policies affected the overall growth and efficiency of industry as
well. Though industry grew rapidly during 1950-65, the growth decelerated during 1966-
1980 and therefore, slowed the process of change in the economic structure of the
country.
through two stages of structural change. In the first stage, the share of agriculture in
Gross Domestic Product (GDP) falls and that of manufacturing output increases. In the
second stage, the share of agriculture continues to fall and that manufacturing output
increases. In the second stage, the share of agriculture continues to fall and that of
manufacturing after reaching the level of 25 to 35 per cent of GDP also starts declining
India did experience this kind of structural change in the economy the share of agriculture
declined, the share of services increased but the increase in the share of manufacturing
This brings out that our restrictive industrial policies aimed at `planned Industrialisation’
slower change in economic structure. Thus, the manufacturing sector still has the
potential for rapid growth and relative increase in the share of GDP, particularly in the
countries
Agriculture
Mining
Manufacturing
Construction
Services
more importantly the efficiency of industry did not increase, rather it only declined. This
was reflected in rising capital intensity of the overall industry. The incremental Capital
Outpour Ration (ICOR) in the manufacturing sector incised from 2.8 in the fifties to 4.4
in the sixties and 6.3 in the seventies. The ICORs were higher in industries (i) where
import substitution had taken place in the absence of natural comparative advantage; and
policies, excess capacity creation, fragmentation into units of uneconomic size and
raising input costs of material inputs and services from the public sector units. All these
have resulted in low growth of total factor productivity. The growth of total factor
productivity was around 1 per cent between 1965 and 1980 as against 2 to 5 percent in
other developing countries. The slow growth of productivity and rising trend of capital
Activity 1
1. Meet (a) a private entrepreneur, and (b) the manger of District Industries Centre
of your district and discuss the pros and cons of the role of the Government as a
industries for public sector, protection for small scale industry, restrictions on industrial
location, administered price mechanism for infrastructural inputs and taxation formed
implementation and outcome were far from satisfactory. Excess capacity on the one hand
and shortage of industrial products on the other were paradoxical features of industry.
industries, low productivity, high capital intensity became the characteristics of Indian
industry. These, factors among others, affected its competitiveness to penetrate into
international market.
than determined by the free play of market forces of demand and supply.
Commanding Heights : The prominent objective of promoting Pubic Enterprises (Peps)
In India, as emerged out of the Industrial Policy Resolution 1956, was to enable PEs to
achieve `Commanding heights’ of the economy. This means to facilitate PEs to grow and
function in all strategic and core areas of the economy to produce goods and services, to
to accelerate the overall economic development and thus become the pillar of India’s
economic prosperity.
Gross Domestic Product (GDP) : The value (at market prices) of total flow of goods
produced in an economy during a year. Only goods used for final consumption or
Incremental Capital Output Ration (I.C.O.R.) is the ration of net investment to change in
output.
Manufacturing Value Added (MVA) : The difference between the value of total
manufacturing outpour and the cost of raw materials, services and components
purchased.
dealing with a large number of buyers. The seller is then said to be a monopolist.
Sellers Market : A market situation in which sellers hold the stronger strategic position
of bargaining advantage because buyers are prepared to buy, at existing prices, larger
amounts of goods than sellers are currently able or willing to produce and sell.
1. What were the objectives and shortcomings of industrial licensing policy in India?
Discuss in detail.
2. How effective was MRTP Act in achieving its principal objective ? Analyse.
3. Foreign Exchange Regulation Act, 1973 was a turning point in the foreign
was the most noteworthy feature of India’s industrial policy. Did public sector
5. Describe the salient features of the protective policy adopted by the Government
8. “The role of public sector is as significant and indispensable as the role of private
10. “Foreign investment is a panacea for the economic ills of a developing country”.
you agree ?