The Commuique May 2018 edition discusses the cover story
on 'Resolving Insolvency in India'
The Insolvency and Bankruptcy Code (IBC) 2016, is one of
the biggest regulatory reforms corporate India has witnessed
in recent times.
It also features 'UK-India CEO Forum Meeting ', 'CII CEOs Delegation to 11th Commonwealth Business Forum 2018', 'Four Transformations of the Global Energy Market', Economy pieces on 'The Innovation Paradox' & 'Can the Lion Conquer the Forest?' along with a piece on 'India-Africa Economic Partnership'.
4. Edited, printed and published by Chandrajit Banerjee, Director General, CII, on behalf of Confederation of Indian Industry fromThe Mantosh Sondhi Centre,
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Journal of the Confederation of Indian Industry
We welcome your feedback and suggestions. Do write to us at communique@cii.in
Contents Volume 40 No. 5 May 2018
NEWSMAKER
05 UK-India CEO Forum Meeting
SPOTLIGHT
06 CII CEOs Delegation to
11th
Commonwealth Business Forum 2018
focus
09 Four Transformations of the
Global Energy Market
economy
19 The Innovation Paradox
20 Can the Lion Conquer the Forest?
mindspace
22 India-Africa Economic Partnership
plus...
Portfolio for Excellence
Building Capacity
Engaging with the world
REGIONAL REVIEW
... AND MORE
cover story
12 Resolving Insolvency in India
The Insolvency and Bankruptcy Code (IBC) 2016, is one of
the biggest regulatory reforms corporate India has witnessed
in recent times. The Code has initiated, for the first time
in India, the ordered exit of failing firms. With new cases
throwing up new challenges, and the magnitude of the
financial stakes involved, our cover story looks at some of
the emerging dilemmas and interpretational issues in the
enactment of this landmark reform.
6. 4 | May 2018 Communiqué
T
he Confederation of Indian Industry
(CII) has been recognized as the ‘Top
Exhibition Organizer’ in the country
by the Indian Exhibition Industry Association
(IEIA). CII bagged two other top awards too,
recognizing, rewarding and acknowledging its
outstanding achievements and contributions
in the Indian exhibition industry, at the first
edition of the awards program held during
the IEIA Open Seminar 2018 on 10 May in
Hyderabad. The prestigious awards are a collaborative initiative of IEIA and the
Economic Times.
Of the six award categories, CII bagged a hat-trick of awards in three categories:
EXCON: First prize in India’s top B2B exhibition•
Auto Expo: 1• st
Runner up in India’s top B2C Exhibition
India Top Exhibition Organizer•
The awards were based on the statistical findings of a detailed Market Study
commissioned by IEIA with international research firm-Euro Asia Consulting as
a knowledge partner, thus bringing in a fair adjudication process. The Study
estimates the exhibition sector in India to be a `25,000 crores industry today.
With more than 745 professionally organized events held annually in the country,
exhibitions play a pivotal role in shaping the nation’s economy by bringing in a
multiplier effect, while also boosting related sectors such as tourism, hospitality,
local transport et al.
AWARDS FOR
CII TRADE FAIRS
7. Communiqué May 2018 | 5
NEWSMAKER
M
r Narendra Modi, Prime Minister of India, and
Rt Hon Theresa May MP, Prime Minister of
the United Kingdom, met with members of
the UK-India CEO Forum in London, on 18 April, on
the occasion of Mr Modi’s bilateral visit to the United
Kingdom.
Ms May encouraged the Forum members to support
the work being initiated by the Governments on
technology collaborations. Mr Modi commended the
Forum for addressing important issues to enhance
bilateral investment and made specific reference
to India’s excellent achievements on Ease of Doing
Business (EoDB).
The interaction followed a meeting of the Forum, held
in the presence of Mr Ramesh Abhishek, Secretary,
Department of Industrial Policy and Promotion,
Ministry of Commerce and Industry, India, and
Ms Antonia Romeo, Permanent Secretary, Department
for International Trade, UK.
Mr Ajay Piramal, Chairman, Piramal Enterprises Ltd, the
Indian Co-Chair, and Sir Gerry Grimstone, Chairman,
Standard Life Plc, Co-Chair of the Forum from the UK,
reviewed the progress since the last meeting held
in June 2017. Members on both sides discussed the
challenges and opportunities for India and the UK to
collaborate in the areas of data usage and protection,
technology collaboration, and increasing bilateral trade
and investment flows.
UK-India CEO Forum Meeting
Narendra Modi, Prime Minister of India, and Rt Hon Theresa May MP, Prime Minister of the United Kingdom,
addressing UK-India CEO Forum members in London
Narendra Modi, Prime Minister of India, and Rt Hon Theresa May MP, Prime Minister of the
United Kingdom, with members of the UK-India CEO Forum, in London
8. 6 | May 2018 Communiqué
M
r Rakesh Bharti Mittal, President, CII, and
Vice Chairman, Bharti Enterprises, led a
30-member CEOs Delegation to participate
in the 11th
Commonwealth Business Forum, from
16-18 April in London. The Commonwealth Business
Forum (CBF) is an integral part of the Commonwealth
Heads of Government Meeting (CHOGM) and was held
on the sidelines of the CHOGM 2018, coinciding with
the visit of Prime Minister Narendra Modi to the UK.
Re-engaging with the Commonwealth at the highest
level at CHOGM was a marked strategic shift for
India. This visit aimed to reinforce Indian industry’s
commitment to strengthening business ties across
Commonwealth nations.
Addressing the plenary session on ‘Global Economic
Outlook: Trade, Growth and the Commonwealth,' Mr
Mittal observed that, despite all the ups and downs,
global trade has picked up, as has growth. He noted
that the International Monetary Fund (IMF), in its World
Economic Outlook January 2018 update, said global
economic activity has become stronger, with output
growing by 3.7% in 2017, and growth prospects for
2018 and 2019 have been revised up.
While the Commonwealth is a set of countries diverse
in every sense from populations to relative political and
economic strengths, these countries have a common
approach to trade and growth, with a unified sense that
SPOTLIGHT
trade should be fair and free, even as it accommodates
differences, said Mr Mittal. In the last four years, trade
in India has become even more central, with a slew
of reforms taking the country up the ease of doing
business ladder, he said.
During his participation at the Forum, the CII President
gave his views for the Commonwealth Trade and
Investment Report. He also met Lord Marland, Chairman,
Commonwealth Enterprise and Investment Council,
and participated in the high-level breakfast roundtable
on ‘State Fragility, Growth and Development’ which
was chaired by Rt Hon David Cameron, former Prime
Minister of the UK.
The key question now is what will be the new-age
‘common’ factor in the Commonwealth, said Mr
Chandrajit Banerjee, Director General, CII. Noting
that India’s trade with Commonwealth nations is 20%
of its global trade basket, he said business must
serve as the foundation of the new-age evolving
Commonwealth architecture. “Indian companies have
huge investments across the Commonwealth – in fact,
Malaysia, Singapore, UK, Australia, Nigeria and South
Africa, which are Commonwealth countries, are among
our top trading partners as well. This presents a great
opportunity for Indian business to lead the narrative,
whether it is in trade facilitation, seamless movement
of professionals and visitors, skills to support new-
Strengthening Ties with
the Commonwealth
Rakesh Bharti Mittal, President, CII, and Vice Chairman, Bharti Enterprises;
Lord Popat from Harrow, UK Prime Minister’s Trade Envoy to Uganda and
Rwanda, and Chandrajit Banerjee, Director General, CII,
at the India-UK-Africa Commonwealth Reception in Westminster
A CII CEOs Delegation
participated in the
11th
Commonwealth
Business Forum in
London, to explore wider
opportunities for Indian
business to engage with
the Commonwealth nations
9. Communiqué May 2018 | 7
SPOTLIGHT
age employability, sustainability, or small business,”
he added.
During the 3-day Forum, the CII delegates participated
in several discussions providing the India perspective
on key themes such as boosting trade and enhancing
cooperation in sectors where Indian industry’s key
interests lie, such as digital technologies, agriculture
and food security, education and skills, infrastructure,
healthcare and energy security, as well as renewable
technologies.
The business delegation also included a strong
representation by the CII Young Indians, who attended
the Business Forum as well as the Commonwealth
Youth Forum in the presence of 500 youth leaders,
representatives from Government, and business leaders
from across 53 Commonwealth nations.
CII, along with Lord Popat of Harrow, the UK Prime
Minister’s Trade Envoy to Uganda and Rwanda,
co-hosted an India-UK-Africa Commonwealth Reception
in Westminster, which brought together Government
dignitaries and business leaders attending CHOGM
and the Commonwealth Business Forum to exchange
views and ideas for greater business engagement.
Mr Vincent Munyeshyaka, Minister ofTrade and Industry,
Rwanda, representing the Chair of the African Union,
Mr Paul Kagame, President of Rwanda, Mr Y K Sinha,
High Commissioner of India to the UK; Rt Hon Margot
James, Minister of State for Digital, Culture, Media and
Sport, UK; Mr Adam Afriyie, UK Trade Envoy for Ghana,
and UK parliamentarians including Lord Swaraj Paul and
Lord Jitesh Gadhia, were among the dignitaries present
at the reception.
Rakesh Bharti Mittal, President, CII, and Vice Chairman, Bharti Enterprises, with Theresa May, Prime Minister of the UK, and Liam Fox,
Secretary of State for International Trade, UK, and other dignitaries, at the Commonwealth Business Forum in London
CII Young Indians with Chandrajit Banerjee and Rakesh Bharti Mittal
10. 8 | May 2018 Communiqué
M
r Tarun Das is
among this year’s
foreign recipients
of the 2018 Spring Imperial
Decorations announced by
the Government of Japan
on 29 April. In recognition
of his contributions towards
strengthening relations
between Japan and India,
and promoting mutual
understanding between the
two countries, Mr Das will
receive the Order of the Rising Sun,
Gold Rays with Neck Ribbon.
Mr Tarun Das, as the Chief Executive of
the Confederation of Indian Industry (CII)
from 1974 to 2004, and as Chief Mentor
of CII from 2004 to 2009, contributed to
strengthening the Japan-India economic
relationship. Furthermore, under his
leadership, CII, in cooperation with the
Sasakawa Peace Foundation, started
sending Indian parliamentarians to
Japan, with the aim of enhancing mutual
understanding and networking between
Japan and India at a high
level. This initiative is now
taken forward by the Nippon
Foundation and the Ananta
Aspen Center, of which he is
the Founding Trustee.
Mr Das also played a large
role in promoting cooperation
among the countries in the
Indo-Pacific region, by
co-chairing the US-Japan-India
Track Two Strategic Dialogue
in 2006, and co-chairing
the Japan-India Strategic Dialogue in
2013. He has actively advocated the
importance of Japan-India,
Japan-India-US relations, enhanced
people-to-people exchange between
the countries, and made various policy
proposals to the Governments on
Japan-India relations.
The honor recognizes his significant
contribution towards strengthening the
Japan-India relationship, as well as for
cultivating public understanding of
Japan in India.
Japan
Honors
Tarun Das
11. Communiqué May 2018 | 9
focus
C
atering to rising energy demand
is vital to the economic growth
of nations. Experts believe that
four major transformations will influence
the global energy scenario in the coming
decades. Governments around the world,
including India, would have to tread
cautiously and plan with foresight to
successfully crest these transitions.
In the West, the United States of America,
despite increasingly adopting protectionist
policies, is still expected to strongly
influence global energy economics. The
shale gas revolution in the US is set to catapult the
country to the top of the oil and gas production charts,
impacting the traditional geopolitics of energy resource
ownership and, consequently, energy security. In the
next five years, the US alone will fuel two-thirds of the
world’s oil and gas production growth.
Countries like Brazil and Canada will follow the US in
oil production and thus play a critical role in the sector.
Many experts believe that the discovery of more shale
reserves, declining production costs, and technology
advancements are driving a second shale revolution in
the US, which will disrupt the energy markets all over
again. Also, while the overall oil demand will soften to
some extent due to the aggressive and widespread
adoption of renewables, it will still have big demand
from heavy vehicles, aviation and petrochemicals.
The second major recent energy transformation is the
emergence of solar photovoltaic as one of the cheapest
forms of mass-scale energy. The solar revolution has
been instrumental in catapulting the economic growth
of many developing countries, including India. Once
pitched as an ‘alternative’ energy source, solar has
drawn more investment on the merit of low cost of
power generation than even its environmental benefits.
Today, renewables are no longer a romantic story; they
are a real business, experts say.
Renewables have found special
resonance in India, which is striving
to provide universal and affordable
electricity to over 1.25 billion people. The
Indian Government has been investing
in research on alternative energy since
the mid-seventies to try and establish
a cleaner and secure energy source to
balance the cheap and abundant but
polluting domestic coal, and expensive
imported oil and gas, that form the
bedrock of the Indian economy. Solar
and wind energy achieving commercial
viability now provides that choice to India.
However, the large-scale grid integration of renewables
throws up the challenge of energy storage to allow
the grid to supply power during supply downtimes.
Therefore, even though the overall cost of generating
power from renewables has reduced sharply, the
high cost of storage systems makes grid integration
an expensive proposition. Investment in R&D and
indigenous manufacturing to reduce the cost of
batteries will make renewables more affordable. For
India, effective management of the transition towards
renewables-powered electrification will determine its
future energy mix.
Despite the challenges, it is noteworthy that India has
significantly improved its energy access numbers, providing
electricity to over 450 million people in the last 10 years.
In comparison, African nations have lagged: in sub-Saharan
Africa, 2 out of 3 people still do not have access to energy,
leading to poor socio-economic and human development.
These nations must explore the various models of India
to drive universal energy access for their people.
The third major energy transformation is happening in China,
the largest energy consumer in the world. Unlike USA's
emphasis on fossil fuels, China is hedging its bets on clean
energy, pushing its credo of ‘making the Chinese skies blue
again’ through renewables and nuclear power. The scale of
The Next Wave
Four Transformations
of the Global
Energy Market
This article on transitions in
the global energy market, is
drawn from a high-level
interaction with
Dr Fatih Birol, Executive
Director, International
Energy Agency
12. 10 | May 2018 Communiqué
SPOTLIGHT
China’s green energy market is already staggering: six out of every
ten solar products in the world are made in China.
China is also en route to becoming the largest global importer
of Liquified Natural Gas (LNG).This has led to a rapid escalation
in regional gas prices, which have doubled from US$ 6 to
US$ 12. In 2017, China drove over 30% of the gas demand
growth in its effort to replace coal-based power with gas.
Natural gas use goes beyond power to industrial and domestic
heating, but its unpredictable supply and prices means that
in developing nations such as India, where affordability is
a major concern, its adoption has been slow despite its
ecological advantages.
Some hydrocarbons experts are also wary of the aggressive
push for renewables at the expense of gas, lowering the share
of gas from 10% to 6% in India’s energy basket. Others believe
that the creation of infrastructure to supply the available gas to
consumers would be key to arriving at a competitive market price,
and, unlike in the past, the onus of creating this infrastructure
lies with the large consumers of gas, such as India.
The final but greatest transformation that the global energy
market is facing is the increasing electrification. While
energy demand has been growing steadily over the decades,
electricity demand is growing twice as fast now, due to the
increase in the number and range of applications and the
digitalization of economies. The electric vehicle sector saw
record-breaking sales in 2017, despite still contributing only a
miniscule proportion – 300 million – of the over 2 billion cars
sold worldwide so far. All trends indicate that this market is set
to grow manifold, further pushing up electricity demand.
Is the global energy market ready for these radical upheavals?
Some experts are pessimistic about the developing countries,
which still rely on aging, inefficient centralized systems of
energy generation. Governments of developing nations must
be less interventionist and more technology agnostic, allowing
their markets to be more organic and competitive and create
their own growth trajectories, experts say.
We also have to assess the impact of these energy
transformations on climate change.The carbon emissions curve
flattened between 2014 and 2016 despite the expansion of the
global economy, but has started to rise again since 2017.
In the constantly-shifting landscape of global energy markets,
India’s sustained growth depends on maintaining the integrity
and commercial viability of the vast electricity system which
powers most of its economic and social development.
Today, owning resources is no longer the only route to energy
security as single product economies are vulnerable to a host
of risks. Instead, mastering the art of building and managing
technologies to use diverse resources (oil, coal, nuclear, and
renewables) efficiently will determine the energy growth and
security of nations.
14. 12 | May 2018 Communiqué
Resolving
Insolvency
in
India
T
he introduction
of the Insolvency
and Bankruptcy
Code (IBC)
2016, is one of the biggest
regulatory reforms that corporate
India has witnessed in recent times.
The IBC has occupied a large part of the
regulatory, corporate and media mindspace with
numerous headline stories. The Code was enacted
to consolidate and amend the laws relating to
the reorganization and insolvency resolution of
corporate persons, partnership firms and
individuals, in a time-bound manner.
Thus, for the first time in India, the
ordered exit of failing firms has
been initiated.
The provisions relating to
insolvency resolution
for corporate
persons, regulation
of insolvency
professionals,
insolvency
professional agencies and
the establishment of the
Insolvency and Bankruptcy Board
of India came into force immediately.
Less than two years since its
enactment, the Code has already
had far-reaching impact on the
business front.
cover story
15. Communiqué May 2018 | 13
cover story
India has ushered in a new era of doing business with the historic
jump of 30 positions to the 100th
rank among 190 countries in
the recently-released Doing Business Report of the World Bank.
This huge improvement can be attributed to rigorous legislative
overhauling, coupled with regulatory and infrastructural reforms.
One of the many indicators where India made massive strides
is ‘Resolving Insolvency’, where it witnessed a record leap of
33 ranks, helping it attain the 103rd
rank in this parameter. This
drastic improvement is an outcome of the implementation of
the landmark Insolvency and Bankruptcy Code (IBC) 2016, which
has greatly simplified insolvency proceedings and facilitated the
fast-tracking of processes for stakeholders, including creditors,
investors and debtors, in the country. The Code provides for a
uniform and comprehensive insolvency legislation.
The main emphasis of the Code is to shift the focus from a
debtor-in-possession to a creditor-in-control regime. The creditor-
driven nature of the Code is validated by the fact that it mandates
the implementation of the resolution plan approved by 75%
of the members of the Committee of Creditors (CoC) for the
Moving Towards
a Creditor in
Control Regime
The Insolvency and Bankruptcy Code 2016
is a major step towards innovative and
time-bound insolvency resolution
During the past year, many
amendments were made and
significant efforts put in to overhaul
the Code, including the passing of
the Insolvency and Bankruptcy Code
(Amendment) Bill, 2017. Continuing
with the intent to ensure a globally
comparable insolvency regime,
the Government constituted a
committee to suggest amendments
to the IBC.
The committee has worked
meticulously to streamline the
Code. While its recommendations
are awaiting clearances, each
new case is throwing up newer
challenges and issues each day...
being allowed to leave the process
once bids have been invited or a
resolution plan has been accepted;
'relatives' in the context of persons
considered 'related parties' who
may be ineligible to bid for stressed
assets under the Code; the
competence and independence of
resolution professionals; hierarchy
of claims of operational creditors,
et al. Given the gravity of these
challenges and the
magnitude of the financial
stakes, it will be some time
before the Code is uniformly
applied and complied with
by all stakeholders, and
is clear of interpretational
issues.
In our cover story this
month, industry experts
elaborate on some of these
challenges in current times.
Sanjay Gupta, President, ICAI; Dr M S Sahoo, Chairman, IBBI; Injeti Srinivas, Secretary,
Ministry of Corporate Affairs; Sunil Kant Munjal, Past President, CII, Chairman, CII Task Force
on Ease of Doing Business, and Chairman, Hero Corporate Service Ltd, and Bahram N Vakil,
Founding Partner - AZB & Partners, at the National Conference on Resolving Insolvency
in India – Progress and Way Forward, in New Delhi
16. 14 | May 2018 Communiqué
cover story
revival or liquidation of the company in consideration
within a period of 180 days (subject to a one-time
extension by 90 days). The Code, therefore, aims to
boost the confidence of the lenders by putting in
place a streamlined process for insolvency resolution
to ensure that the business functions of a company
that is going insolvent are not interrupted. All these
measures together target reducing the time taken to
resolve insolvency, maximizing the value of assets,
and enhancing investor sentiment.
Since its implementation in May 2016, the IBC has
effectively addressed the issue of bad loans and Non-
Performing Assets (NPAs) through its robust framework.
Mr Injeti Srinivas, Secretary, Ministry of Corporate
Affairs, speaking at the National Conference on Resolving
Insolvency, organized by CII in partnership with the
Ministry and the Insolvency and Bankruptcy Board of
India (IBBI) on 4 April in New Delhi, stated that “less
than half of the staggering `9 lakh crores worth of NPAs
or bad loans accumulated by the banks has returned
due to the system set in place by the IBC.”
The success of the Code can also be testified by the
fact that out of the 650 corporate cases admitted for
resolution, 90 have already exited via the resolution
or liquidation routes, and around 60 have been closed
after reviews, informed Dr M S Sahoo, Chairman, IBBI,
at the conference.
To sustain the momentum of the on-going insolvency
reforms, the Ministry of Corporate Affairs constituted a
full-fledged Insolvency Law Committee, chaired by Mr
Injeti Srinivas, to analyze the implementation of the Code,
identify the bottlenecks, and suggest amendments.
The Committee has recently submitted a comprehensive
set of recommendations which aim to further simplify
insolvency proceedings by hastening the decision-
making process by creditors, addressing the problems
associated with real estate, and increasing the pool of
potential bidders.
Some of the key recommendations of the Committee
include:
• Allow the Central Government to exempt MSMEs
from select provisions of the Code. For instance,
permit the promoters of MSMEs, who are not willful
defaulters, to bid for their companies by submitting
the resolution plan.
• Treat home-buyers as financial creditors to enable
them to equitably initiate the insolvency process.
• Restrict the scope of the moratorium to the
assets of the corporate debtor only, and not the
guarantors.
• To help expedite the resolution procedure, recalibrate
the threshold of voting percentage for various critical
decisions to be undertaken by the CoC.
• Empower the NCLT to expand the scope of
essential goods and services beyond what is
specified in the CIRP Regulations in reference to
the Interim Resolution Professional (IRP) / Resolution
Professional (RP).
• Allow withdrawal of an application for CIRP post-
admission in exceptional circumstances, provided the
CoC approves such action by 90% of voting share.
This will facilitate the functioning of the corporate
debtor as a going concern.
The Committee also proposed developing an adequate
legal framework to deal with cross-border insolvency
based on the UNCITRAL model law on cross-border
insolvency, to further strengthen the Code.
In sum, the IBC 2016 is a major step towards innovative
and time-bound insolvency resolution. With growing
attempts for resolution of the issues involved in its
transition, the Code is all set to provide great relief
to the stakeholders involved in cases pertaining to
insolvency, which will also help sustain the momentum
of improvement in resolving the insolvency index of the
Ease of Doing Business criteria.
Nikhil Shah, MD, Alvarez & Marsal; Sagar Siva Shankar, Consultant,
International Finance Corporation, World Bank Group; Mamta Suri,
Executive Director, IBBI, and Sakate Khaitan,
Senior Partner, Khaitan Legal Associates
Ritesh Kavdia, Executive Director, IBBI; Gyaneshwar Kumar Singh,
Joint Secretary, Ministry of Corporate Affairs; Anil Goel, Chairman,
AAA Insolvency Professionals, and Ranjeet Pandey, Practicing
Company Secretary and Insolvency Professional
17. Communiqué May 2018 | 15
cover story
The newspapers, electronic media, and social media
have all been awash with the on-going dilemmas
in companies like Essar Steel, Binani Cement, Jaypee
Infratech, Electrosteel Ltd and Bhushan Power and Steel
Ltd, where the Insolvency and Bankruptcy Code, 2016
(IBC) is being severely tested.
With effect from 23 November 2017, Section 29A of
the IBC introduced the concept of ineligible Resolution
Applicants (RAs) and set out ten different conditions of
ineligibility. It also extended the concept of ineligibility to
other persons acting jointly or in concert with the RA,
and defined a connected person in that context.
Section 29A(c) was the most critical of the ineligibility
conditions as it disqualified a promoter who held the
account of a corporate debtor as a non-performing
asset for a period of at least one year from the date
of classification till the date of commencement of the
corporate insolvency resolution process.
Participating RAs in the case of Electrosteel were
put to the test of ineligibility under Section 29A by
Renaissance Steel, and the case is pending before
the National Company Law Appellate Tribunal (NCLAT).
Numetal and Arcelor Mittal are contesting each other’s
eligibility as RA, for Essar Steel.
UltraTech Ltd, who was a losing bidder in the Binani
Cement case, came forth with a revised proposal acting
jointly or in concert with a disqualified promoter, Binani
Industries Ltd, which is pending before the National
Company LawTribunal (NCLT), Kolkata.This case will test
the Central Vigilance Commission guidelines applicable
to banks and to a losing bidder’s fresh proposal after
the winning bidder is declared.
The third instance of an interesting dilemma pertains
to the submission of a resolution plan after the notified
filing date but before the date of approval by the
Committee of Creditors. Liberty House, in the case of
Bhushan Power and Steel Ltd, has pipped Tata Steel
Ltd to the post. The Principal Bench of the NCLT has
delivered a recent judgement in this connection.
The saga of home buyers who are petitioners before
the Supreme Court of India has created the fourth
dilemma, where the promoter of Jaypee Infratech has
been directed to pay into the Supreme Court monies
to protect the interests of home buyers in a situation
where Section 29A(c) of the IBC entitles the promoter
to participate with a resolution plan on payment of the
overdue amounts, costs, charges and interest of the
Non-Performing Asset (NPA).
Jaypee Infratech promoters are excluded from the IBC
resolution process contrary to the statutory provisions
of Section 29A(c) of the IBC due to the equitable
jurisdiction of the Supreme Court. Can the statutory
provision, expressly enabling a promoter to propose
a resolution plan merely by payment of overdue
amounts, be overridden by the equitable jurisdiction of
the Supreme Court and its constitutional powers under
Article 142 of the Constitution of India?
A recent report of the Injeti Srinivas Committee,
constituted by the Ministry of Corporate Affairs, has
recommended that home buyers should be classified as
financial creditors, albeit unsecured financial creditors,
but has not suggested any change to the basic theme
of Section 29A(c) of the IBC.
Fifthly, Lanco Infratech is a non-performing asset of the
value of over `50,000 crores. The highest offer made by
Triveni Earthmovers is a sum of `1400 crores in cash
and liability for `38,000 crores of debt at the subsidiary
level, as per an ET Bureau report. The lenders of Lanco
Infratech have rejected the resolution plan as only 16%
voted in its support. The deadline for resolution expired
on 4 May, 2018 and this could result in liquidation orders
resulting in severe unemployment and loss of value
of the company, at a time when employment is of
paramount importance to the nation, and unemployment
is an election issue for 2019.
Lastly, the dilemma and conflict of Section 424 of the
Companies Act, 2013 as amended to extend to the IBC,
the Insolvency and Bankruptcy Board of India (Application
to Adjudicating Authority) Rules, 2016 (IBC Rules) and
Rule 10 thereof and its reconciliation with Rule 11 of
Recent Dilemmas
under the IBC
Several major dilemmas are affecting the sacrosanct 270-day limit
to resolve corporate insolvency, says Shardul Shroff
18. 16 | May 2018 Communiqué
the National Company Law Tribunal Rules, 2016 (NCLT
Rules) and Rule 11 of the National Company Law
Appellate Rules, 2016 (NCLAT Rules) is affecting the
on-going NCLT proceedings for approval of a resolution
plan, providing for exemptions.
Section 239 (2)(c) to (f) of the IBC empowers the IBBI
to make rules in relation to some of the processes and
forms under Section 7, 8, 9 and 10 of the IBC; as the
forms under the NCLT Rules were not IBC-specific.
Rule 10 makes certain rules of the NCLT Tribunal Rules
applicable.
This IBC Rules are consistent with Section 239(2) of
the IBC referred above; but, despite the provisions of
Section 424 of the Companies Act, 2013, the rules and
procedure of the NCLT and the NCLAT have been brought
into conflict as a matter of interpretation to proceedings
under Section 30/31 and Section 60 of the IBC. Specific
rules under the IBBI-made Rules oust the general rules
applicable to NCLT and the NCLAT but, in the absence
of inconsistency, the NCLT Rules govern those matters
which are not specifically excluded by the IBBI.
In a resolution plan, certain inherent powers of the NCLT
are invoked to meet the ends of justice. The judgement
Shardul S Shroff is Chairman, CII National Committee on Legal
Services and Arbitration, and Executive Chairman, Shardul Amarchand
Mangaldas & Co. The views expressed are personal.
IBC and anticipate the direction of its evolution from
its present nascent stage.
“Capitalism without bankruptcy is like Catholicism without
hell,” said Frank Borman, renowned astronaut and erstwhile
chairman of a failed US airline. As such, the institutions
established by the State should promote the freedom to
start a business (entry), run the business (level playing
field) and exit/discontinue the business. The reforms of
the ’90s focused on freedom of entry (dismantling the
license-quota raj) but, in the beginning of this century, the
focus shifted to freedom of continuing the business (e.g.
the Competition Act).The third leg, specifically the freedom
to exit, has now been provided in the shape of the IBC,
which provides a mechanism for stressed businesses to
resolve insolvency in an orderly manner.
cover story
Even as the Insolvency and Bankruptcy Code (IBC)
2016 was completing its first year of existence last
December, a stone was thrown amongst the pigeons
with the promulgation of an ordinance restricting the
promoters’ ability to bid for their stressed assets.
Much has since been said, both for and against the
measure. Arguments have ranged from the ordinance
going against the preamble of the IBC, which stipulates
the need to maximize value by making the assets
available to the largest number of bidders, to suggesting
that the ordinance was timely in preventing bids from
those quarters which had failed to utilize the assets
viably. Some also suggested a middle path of framing
a differentiated set of bidding rules for promoters and
others. It will, therefore, be in order to critique the
of the NCLAT in Lokhandwala Kataria’s case rejected
the view that the inherent power could not be utilized
for permitting a withdrawal or compromise in view of
the Rules, even though Rule 11 of the NCLT Rules and
NCLAT Rules provides that the power of the Tribunal is
not limited to make such orders as may be necessary
for meeting the ends of justice.
The limitation of utilizing inherent powers was warranted
as there was a direct exclusion under Rule 8 of the
IBC Rules pertaining to withdrawal request only before
the admission.
The applicability of specific IBBI rules for applications
made under Sections 7, 9 and 10 of the IBC, which
relate to specific forms, does not exclude the inherent
powers under Rule 11 of either the NCLT Rules or the
NCLAT Rules in view of the amended Section 424 of
the 2013 Act, as it is not excluded.
These major dilemmas are affecting the sacrosanct
270-day limit to resolve corporate insolvency. The
legislature needs to intervene urgently by ordinance.
A panacea for
bad debts?
The Insolvency and Bankruptcy Code should prove to be a
game-changer in the interest of the economy’s health and
long-term growth, says Ashwini Mehra
19. Communiqué May 2018 | 17
cover story
All past efforts (read Sarfaesi, CDR, SDR, 5:25, S4A)
in the direction of the third leg have fallen far short of
expectations due to poor implementation and available legal
loopholes for defaulters. According to the World Bank, the
average time taken to complete the bankruptcy process
in India is 4.3 years, whereas in Singapore, Finland and
the United States, it takes just 0.5 to 1.5 years. Also, the
recovery percentage in India is as low as 26%, whereas, in
the developed world, it ranges from 78% to 92%. India’s
track record on the use and outcome of the bankruptcy
procedure is the poorest amongst the BRICS nations
(Brazil, Russia, India, China and South Africa).
The IBC seeks strict time-bound initiation of corrective
action even at the stage of the very first default, either
to the banks (financial creditors) or to the business
counterparties (operational creditors). By ensuring
certainty and clarity on all aspects of the process, the
IBC hopes to decrease time to resolution, achieve higher
recoveries and, in the course of time, encourage lenders
to agree to higher levels of debt financing.
The IBC seeks to consolidate scattered and unstructured
jurisprudence on insolvency prevalent in various acts such
as the Presidency-Towns Insolvency Act, 1909; SICA Act,
1985; LLP Act, 2008; and Companies Act, 2013.
A committee formed under the chairmanship of the
Secretary, Corporate Affairs, performed a comprehensive
review of the IBC, including cross-border insolvency,
development and regulation of information utilities,
and instances of insolvencies in group companies. The
Committee has submitted its recommendations to the
Government of India on issues involving time-bound
identification of a resolution agent (105 days), fees
charged by insolvency professionals (IPs) and insolvency
professional entities (IPEs), home owners as financial
creditors, and treatment of already-enforced personal
guarantees. Committee recommendations aside, there
is bound to be a whirlwind of judicial pronouncements
on various interpretational issues, which should result
in the development of a robust IBC jurisprudence in
the days to come.
On the positive side, we are witnessing debtors now
reconciling to the ‘creditor in control’ scenario, with the
Committee of Creditors (CoC) becoming all-powerful in the
resolution process. It is, therefore, incumbent on the CoC
to be fair to all stakeholders. After all, a corporate is an
amalgam of stakeholders, and its corporate governance
norms are expected to maximize the value of its assets
and balance the interests of all entities linked to the
company. The IBC supports this by generally preferring
resolution over liquidation.
The success of the IBC depends upon the alacrity
with which the Government of India, courts, tribunals
(National Company Law Tribunal [NCLT], National
Company Law Appellate Tribunal [NCLAT]) and the
Insolvency and Bankruptcy Board of India (IBBI)
respond to early-stage issues arising in their domain,
post-implementation. However, the role played by the
debtors and the creditors during implementation will
also be critical to the IBC’s success.
At the center of it all is the Insolvency Professional
(IP). Today there are over 1,700 IPs certified by the
IBBI, most of them with virtually no experience of
being in the ‘hot seat’ of a resolution professional. They
are expected to take all steps to keep the company
as a going concern and display the utmost integrity,
impartiality and independence in their day-to-day
conduct. IPs must possess the skills and acumen to
balance commercial reality with legal requirements to
preserve the entitlements of all stakeholders. What’s
more, the proceedings must ensure that the debtors
are not given the opportunity to put the money in their
trouser pockets and hand over their coat for distribution
amongst creditors and other parties.
It seems that, for the first time, the Government of
India and the Reserve Bank of India (RBI) are truly on
the same page regarding the effective resolution of the
problem of bad debts and improving overall financial
discipline in the way business is conducted in India. A
number of features of the IBC and the pronouncements
of various High Courts and the Supreme Court motivate
us to look at this latest effort in a positive manner. The
coming months will show the early trends in actual
resolutions under the IBC. As of March 2018, out of
the approximately 750 Corporate Insolvency Resolution
Process (CIRP) cases admitted by the NCLT, judgements
have come in a little over 100 cases, but 75% of these
are for liquidation, which is the last option under the
IBC. Hopefully, these early indicators pertain primarily to
‘gone’ cases, and, in the days to come, the objectives
of the IBC may be met substantially, if not fully. The IBC
should prove to be a game-changer in the interest of
the Indian economy’s health and long-term growth.
The jury is still out on the IBC, even though the World
Bank has acknowledged the effort very handsomely.
Ideally, all involved entities should implement the
lessons they learn along the way for finally resolving
the debilitating problem of non-performing assets and
financial indiscipline facing the country.
Ashwini Mehra is a Partner and part of the founding team of Duff &
Phelps’ Restructuring practice in India, and is a registered insolvency
professional with the IBBI, The views expressed are personal.
21. Communiqué May 2018 | 19
economy
C
II organized an
interaction of
senior industry
m e m b e r s w i t h
Dr William Maloney,
Chief Economist,
Equitable Growth,
F i n a n c e a n d
Institutions, World
Bank, on 2 April in
New Delhi. Dr Maloney
has been associated
with the World Bank
for more than two
decades. He is a PhD
in Economics from the University of California, Berkeley,
and has published on issues related to international
trade and finance, developing country labor markets,
and innovation and growth.
Productivity growth and innovation are not only critical
for raising growth and closing the gap between rich and
poor countries, but also for increasing wages, reducing
informality, and ensuring that the countries benefit
from new waves of technologies, said Dr Maloney. The
paradox, he explained, lies in the fact that, despite the
evident benefits of the adoption of existing technology
in accelerating growth and dwarfing the impact of
development aid, most developing economies fail to
develop innovation policies that effectively facilitate this
process of technological catch up. Therefore, they fail
to innovate, and consequently fail to reap the benefits
associated with innovation.
He presented historical anecdotes to re-affirm the
belief that innovation capabilities are key to growth by
citing the example of how two economies performed
very differently in producing the same product due to
the difference in their preparedness to identify and
adapt to new technologies for the production of that
product. Further, he observed that the potential gains
The Innovation Paradox
Dr William Maloney, Chief Economist, Equitable Growth, Finance and Institutions,
World Bank, discussed his recent book, ‘The Innovation Paradox: Developing
Country Capabilities and the Unrealized Potential of Technological Catch-Up’ in
an exclusive interaction with senior industry members
to technological catch
up are vast and, more
importantly, the returns
to such investments
rise with distance
from the frontier. The
implication was that,
for a country like
India, which is low
on innovation, the rate
of return on R&D must
be exponential. While
India’s R&D spending
has been increasing
over the years, it has
actually fallen as a share of GDP, he noted, pointing
out that India’s R&D spend of 0.69% of GDP is the
lowest, even among the BRICS nations.
Dr Maloney suggested that while firms can invest
in management quality to increase R&D and thereby
productivity, governments can support innovation by
making policies across four dimensions:
• Rationale and design of policy
• Efficacy of implementation
• Coherence of policies across the national innovation
system
• Policy consistency and predictability over time.
He ended the discussion with a famous quote from
Dr. Louis Pasteur, ‘Fortune favors the prepared mind’
(and countries!).
Earlier, Dr Naushad Forbes, Past President, CII,
and Co-Chairman, Forbes Marshall Private Ltd, who
chaired the discussion, highlighted that innovation is
a crucial subject for India, its industry, and for CII.
The delta created by fostering technical capability is
not well understood and a lot needs to be done in
bringing innovation and its policy interventions to the
mainstream, he said.
Dr William Maloney, Chief Economist-EIF, The World Bank; Dr Naushad Forbes,
Past President, CII, and Co-Chairman, Forbes Marshall Pvt Ltd; Marut Sen Gupta,
Deputy Director General, CII; and Janak Nabar, CEO, Centre for Technology,
Innovation and Economic Research (CTIER), at an interaction in New Delhi
22. 20 | May 2018 Communiqué
economy
I
n well under a decade – a decade likely to be
characterized by disruptions in technology and
business models, intense global competition,
and inter-connectedness – India aims to grow its
manufacturing Gross Value Added (GVA) by 2.5 times
to reach US$ 1 trillion by 2025-26.
Undoubtedly, an ambitious target, made even more
challenging by the zeitgeists affecting the manufacturing
sector.
The increasing adoption of Industry 4.0 technologies is
expected to change the success factors which determine
competitiveness. For instance, the relevance of labor
costs and economies of scale is likely to erode over
time. Geographies which were once considered too
expensive for manufacturing may revive on the basis
of smart manufacturing technologies.
The boundaries between services and products are
gradually blurring, with ‘servicification of manufacturing’
being the new buzz-phrase. Industry will need to adapt
to demands resulting from social and environmentally
conscious customers, citizens and governments.
Adding to this already heady mix are increasing global
protectionism and populist nationalism.
Towards enabling the nation to achieve the ambitious
US$ 1 trillion target, CII has prepared a discussion paper
on the roadmap, including the specific actions required
by all stakeholders.
Three possible end-state (2025-26) manufacturing GVA
scenarios were developed.
The first scenario, ‘The Lion Meows,’ assumes business-
as-usual, with a slight acceleration in manufacturing
growth to 6.6% vis-à-vis historical growth.
The second scenario,
‘ T h e L i o n R o a r s ,’
assumes acceleration in
manufacturing growth
to 9.5%, taking the
manufacturing GVA to US$
0.8 trillion by 2025-26.
Th e U S $ 1 t r i l l i o n
manufacturing GVA target
can be achieved in ‘The
Can the Lion Conquer the Forest?
Lion Conquers the Forest’ scenario, implying a
manufacturing growth of 12.5%.
The paper also presents a quick study of other countries
which have successfully accelerated their manufacturing
sector growth. Interesting and relevant examples, from the
Indian perspective, include South Korea which transitioned
from a low-wage factor-driven economy to a high wage
innovation-driven economy, and Germany, which has built
up a vibrant SME manufacturing sector.
The paper begins by laying out India’s aspirational
positioning in the global manufacturing space: 'to be
the leading global destination for cost-effective high
value-added manufacturing (technology / IT-led and
design-led).’ Given this positioning, the Interventions
Escalator (depicted below) summarizes the required
interventions.
Horizontal Interventions impact all manufacturing
sectors, resulting in across-the-board growth. In addition,
specific interventions to give further impetus to a few
identified sectors, termed as Vertical Interventions, will
help enhance growth.
Horizontal Interventions
Horizontal Interventions comprise three planks:
Foundation Interventions, Game-changer Interventions;
and Additional Special Thrust Interventions.
Foundation interventions revolve around the ease of
doing business and scaling-up MSMEs. These are
directed at enhancing infrastructure, streamlining
regulatory processes (including fast-tracking factor
reforms), addressing global trade restrictions, ensuring
access to financing, and strengthening ‘Brand India’
for manufacturing.
Achieving US$ 1 trillion in manufacturing by 2025-26 is indeed a stretch target,
calling for sustained and focused efforts by all stakeholders
23. Communiqué May 2018 | 21
Game-changer interventions will help drive growth, and,
in their more mature forms, act as differentiators for
industry. With greater adoption of smart manufacturing
technologies, all levels of employees (from top
management to workers) will need to acquire new
skills. Relevant Government authorities, too, need to
understand the implications of the new technologies
and, thus, new business models.
R&D and innovation-led manufacturing is key to India’s
competitiveness especially in the current context of rapid
technology change, even in the traditional manufacturing
sectors.
IT-led high value-add manufacturing (more like Germany
than China) can be another game-changer. Although the
Indian IT sector caters to the needs of a significant
number of manufacturing companies abroad, the
already low proportion of domestic revenues is
mostly from non-manufacturing companies. Combining
India’s IT and engineering expertise could result in
high value-add manufacturing and increased process
efficiencies.
While Foundation and Game-changer interventions will
drive growth across-the-board, Additional / special thrust
interventions will help cement this growth with targeted
interventions in select high-impact areas.
Vertical Interventions
Robust growth in existing potentially high-impact sectors
coupled with exponential growth in a few nascent
sectors will be required.
The criteria used identify the high-impact sectors are:
• Sectors of critical national importance
• Sectors with huge and growing domestic demand,
currently primarily being met by imports
• Sectors where India has made in-roads in the global
value chain, or has established a leading position
• Job-driving sectors, where India can leverage its
existing strengths.
Further, the Department of Industrial Policy and Promotion
(DIPP), Ministry of Commerce and Industry, has identified
eight hitherto ‘nascent’ sectors with exponential growth
potential for India, such as robotics and automation
equipment, unmanned aerial vehicles and electric mobility,
and storage. CII is working on a separate exercise to
develop an action plan for these sectors.
Achieving US$ 1 trillion in manufacturing by 2025-26
is indeed a stretch target. However, with sustained
and focused efforts by all stakeholders to actualize the
Interventions Escalator, the Make-in-India Lion will not
just roar but will conquer the forest!
Award is instituted to encourage and recognize innovation and
entrepreneurship among Young Engineers.
ELIGIBILITY: The Engineering Innovations/Inventions/Concepts that have been actually realized
and implemented in industry either in new processes or products would be given weightage.
The Nominees should be Citizens of India
PRIZE: The award would carry a citation and a cash prize of Rs 2 lakhs
AGE LIMIT : The upper age limit of the awardees would be 45 years.
SUBMISSION: The nominations should be submitted by an INAE Fellow/CEOs/Directors/Heads of
industry, R&D organizations, Engineering institutions and Departments in the prescribed format.
Self nomination is not permitted.
The last date of the receipt of nominations is June 30, 2018
For more details please visit INAE Website www.inae.in
INAE Innovator Entrepreneur Award 2018
economy
24. 22 | May 2018 Communiqué
India and Africa have emerged as twin growth poles of the world in an
uneven global economic landscape. Amidst sentiments of Afro-optimism and
enthusiasm about the India growth story, our MINDSPACE feature looks at
how both sides are articulating their shared resolve to pitch the burgeoning
India-Africa partnership onto a higher trajectory
India-Africa
Economic Partnership
Mapping
New Frontiers
I
ndia and Africa have had a long-standing relationship
marked with historic, cultural, economic and political
exchanges and cooperation. The recent years have
witnessed a tremendous increase in, and deepening
of, economic and cultural exchanges and cooperation
between the two regions. With a view to significantly
enhance India’s trade with Africa, the Government of
India launched an integrated program ‘Focus Africa’ from
the year 2002-03. The main objective of the program,
which has now been extended to cover the entire
African continent, is to increase interactions between
the two regions by identifying areas of bilateral trade
and investment.
Many African nations have also benefited from India’s
duty-free tariff preference scheme for the Least
Developed Countries (LDCs), which was implemented
in 2008. The synergy that exists between India and
Africa can be gauged from the robust trends in India-
Africa trade relations, with bilateral trade swelling from
US$ 34.7 billion in 2007-08 to US$ 51.9 billion in 2016-
17. After peaking to touch US$ 71.5 billion in 2014-15, it
has fallen for the last two years consecutively, mainly
due to the fall in commodity prices.
India’s Trade with Africa
India’s exports to Africa have increased from US$ 14.2
billion in 2007-08 to US$ 23.1 billion in 2016-17, thereby
accounting for 8.4% of India’s total exports. India’s
imports from Africa, on the other hand, increased
from US$ 20.5 billion in 2007-08 to US$ 28.8 billion in
2016-17, to account for 7.5% of India’s total imports.
India’s imports from Africa grew at an annual average
of 6.8% during 2007-08 to 2016-17, as against India’s
exports to Africa that grew at an annual average of
10.4% during the same period. India’s trade deficit
with Africa declined to US$ 5.7 billion in 2016-17, from
US$ 6.3 billion in 2007-08. Sluggish growth in trade
is observed post 2014-15, mainly due to the fall in
commodity prices since mid-2014.
Indian Investment in Africa
African countries are receiving strong investment
interest from India due to their high-growth markets and
mineral-rich reserves. In fact, India is one of the largest
investors in Africa. As per the FDI markets database,
India was the sixth largest country investing in Africa,
after UAE, the UK, China, France, and USA during the
period 2007 to 2016.
Indian Multi-National Enterprises (MNEs) have ventured
into both greenfield and brownfield investments,
spanning sectors such as telecommunications, energy,
computer services, power and automobiles, among
others. A large proportion of Indian FDI has also gone
into the infrastructure sector in Africa. Several of these
investments are actually tied to the investments made in
the extraction sector. In other cases, Indian construction
mindspace
25. Communiqué May 2018 | 23
and telecommunication companies have made
investments in Africa to build roads, ports and
telecommunication networks in several African
countries. Apart from these, market-seeking FDI
from India is also present in Africa. Several auto
industry majors like Tata Motors and Mahindra and
Mahindra have investments in Africa.
New Horizons
It was in this backdrop that Mr Suresh Prabhu,
Minister of Commerce and Industry, and Civil
Aviation, India, unveiled his vision of upscaling
the India-Africa economic relationship at the
13th
CII-EXIM Bank Conclave on ‘India and
Africa: Partners in Development, Building New
Synergies’ held recently in New Delhi. He
made a string of policy pronouncements which
included, among other things, the setting up
of a non-lapsable India-Africa Development
Fund and a national export insurance account.
The India-Africa Development Fund is envisaged
as a one-stop shop for all bilateral India-Africa
projects and will also provide consultancy for their
planning and execution.
The Minister stated that he has tasked the Export
Credit Guarantee Corporation to create a national
export insurance account, whereby the insurance
will cover risks specifically associated with each
country. He also said that he is working with
the EXIM Bank to revamp the Project Exports
Promotion Council of India in order to design
projects better to benefit Africa.
The Minister’s core message was the need to
promote people-centric development and the
imperative of marrying economic partnership
with development cooperation. “Development
mindspace
‘From industry’s perspective, the
two sides need to do more B2B
interactions and deals. However,
B2B deals and G2G engagements
must be complemented with
more robust B2G (Business-to-
Government) interactions.’
Shobana Kamineni,
Immediate Past President, CII
(then President, CII), and Executive Vice
Chairperson, Apollo Hospitals Enterprise Ltd
‘African countries are setting new
benchmarks in implementing
bold economic and administrative
reforms which have increased
the ease of doing business there.
This, combined with our history of
solidarity and cultural kinship, has opened new pathways
for win-win collaborations and partnerships.’
Chandrajit Banerjee,
Director General, CII
‘EXIM Bank will work closely
with African governments and
companies to set up more profitable
businesses and help them achieve
their financial and developmental
goals. ‘
David Rasquinha,
Managing Director, EXIM Bank
The Way Ahead ...
Chandrajit Banerjee, Director General, CII; Shobana Kamineni, Immediate Past President, CII (then President, CII), and Executive Vice
Chairperson, Apollo Hospitals Enterprise Ltd; Gen (Rtd) Dr Constantino G D N Chiwenga, Vice President, Zimbabwe; Suresh Prabhu, Minister
of Commerce & Industry, and Civil Aviation, India; Dr Saulos Klaus Chilima, Vice President of Malawi; Edward Kiwanuka Ssekandi,
Vice President of Uganda, and David Rasquinha, MD, Export-Import Bank of India, at the 13th
CII-EXIM Bank Conclave in New Delhi
26. 24 | May 2018 Communiqué
13th
CII-EXIM
Bank Conclave
on India-Africa
Project
Partnership
Themed ‘India and Africa:
Partners in Development,
Building New Synergies,’ the
13th
CII-EXIM Bank Conclave
on India Africa Project
Partnership was attended
by over 500 delegates from 43 African countries,
including 35 ministers from 20 African countries, and
300 Indian delegates, along with industry leaders,
entrepreneurs and policy-makers from both sides.The
Vice-Presidents of Uganda, Malawi and Zimbabwe
graced the event as Guests of Honor, an eloquent
testimony to the ascending stature of this flagship
event to enhance trade and investment between
the two rising regions of the world.
The conclave was structured in seven roundtable
sessions on:
• Financing for Indian Investments in Africa
• Agriculture and Food Processing
• Connectivity and Infrastructure Development
• Services Sector – ICT, Healthcare, Education,
and Skill Development
• Enablers and Disablers of India-Africa Trade and
Investment– From Policy to Technology
• Development Cooperation Initiatives
• Energy Security and Renewable Energy
There were two region-specific sessions focused
on West Africa and Eastern and Southern Africa,
and country-specific sessions on Malawi, Uganda
and Zimbabwe. In addition, sessions on trilateral
cooperation focused on India-UK and India-Japan
collaboration in Africa.
Besides traditional areas of India-Africa economic
cooperation, including infrastructure, agriculture,
finance, and development cooperation, the Conclave
enlarged the canvas by also exploring prospects for
collaboration in non-traditional sectors like digital
economy, entrepreneurship and innovation.
Like in previous editions, a slew of 600 B2B
meetings were held on the sidelines of the
Conclave, culminating in discussions on close to
500 multi-sector projects.
is not just creating growth,
development is not just
adding to GDP. Development
is benefitting the people. If
the people don’t benefit,
I don’t think we can call
it development,” he said
categorically, underscoring
that, “all Indian initiatives
in Africa will be guided by
one principle: What benefits
Africa is more important.”
The Conclave was hailed
by African leaders as the beginning of a new chapter
in India-Africa economic partnership. Dr Saulos Klaus
Chilima, Vice President of Malawi, lauded the growing
importance of the event in promoting investments and
trade between India and Africa. “The progress that India
has made offers Africa not only motivation but also
investment opportunity,” he said. Similarly, Hon Gen
(Rtd.) Dr. Constantino GDN Chiwenga, Vice President of
Zimbabwe, described the CII-EXIM Bank Conclave as a
platform that has allowed Africa to identify and get rid
of common obstacles in its progress towards sustainable
growth. Mr Edward Kiwanuka Ssekandi, Vice President of
Uganda, said “Africa’s unprecedented economic growth
in the last decade has provided ample opportunities for
Indian businesses to invest in the continent.”
Mr C R Chaudhary, Minister of State of Commerce and
Industry, India, charted out the future trajectory of India-Africa
economic partnership by stressing on matching vision and
plans with concrete action on the ground. There is a lot for
us to rejoice in what has been achieved so far, but there
is a long journey ahead, he said. “With the right initiatives,
trade policy reforms, upgraded infrastructure and acceleration
of ongoing reforms to enhance the ease of doing business,
I am confident that India-Africa bilateral trade can increase
to US$ 150 billion in the next 5 years,” he declared.
Taking a forward-looking view, Ms Rita Teotia, Commerce
Secretary of India, in her valedictory address, underscored
the need for a concrete plan of action to enhance two-way
trade and investment. “India and Africa have to push the
envelope for bilateral trade and investment and back our
vision with concrete plans of action and solid, doable and
bankable projects," she stressed. Ms Teotia underscored
that the key to unlocking the huge potential of India-Africa
economic partnership lies in the time-bound implementation
of plans and projects. “India and Africa really need to put in
an enabling policy framework and undertake urgent steps
to fast-track project execution,” she said.
Rita Teotia, Commerce Secretary, India; Edward Kiwanuka
Ssekandi; C R Chaudhary, Minister of State of Commerce and
Industry, India, and Debasish Mallick, Deputy MD,
Export – Import Bank of India
mindspace
27. Communiqué May 2018 | 25
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SAGE
Fuelling India's 'Make in India' plans and Gas based Economy vision by this path-breaking
infrastructureProject,forhighereconomicgrowth.
Meeting needs of Power/Fertilizer Industry for affordably priced gas, while moving to a low
carboneconomy,afterParisClimateChangeDeal.
Alternative & safer route to bring/swap Turkmenistan/Russian & other region's Gas to India
Gujarat coast.
Annual saving of USD one billion approx. ( Rs.6000/7000 Cr. ) in comparison with similar
quantity LNG import.
Gas Qty: 31.1 mmscmd under a 20/25 years Long-Term Gas Supply Contract with Iran.
Pipeline tariff: USD 2.5 per mmbtu range.
DNV-GL, Norway / Engineers India Ltd. (EIL) / SBI Capital Markets Ltd. confirmed Project
Feasibility.
28. 26 | May 2018 Communiqué
Portfolio for Excellence
Green Business
Green City Platinum Award for
Amaravati
Amaravati was awarded with the CII Indian Green
Building Council (IGBC) Green City Platinum Award for
its master plan and design at the Happy Cities Summit
2018 held in Amaravati on 10 April.
Amaravati City, which will be designed as per the CII
IGBC Green Cities rating system, will have innovative
and futuristic green features such as a smart grid
with renewable energy, smart metering, bluing and
greening of the city, equitable residential, commercial,
recreational and industrial zones, integrated multi-
modal transport infrastructure, surveillance systems,
wastewater treatment, and rainwater harvesting, among
other features.
Howrah Railway Station goes Green
The Howrah Railway Station was awarded with the
CII IGBC Silver Rating.
Some of the green
and passenger-friendly
features incorporated
in the station include
t h e i n s t a l l a t i o n o f
station rooftops, water
management, mechanized
cleaning, no artificial
lighting during daytime,
solid waste management, fresh air ventilation, universal
accessibility, pedestrian-friendly and first and last mile
connectivity.
Sweden-India Joint Action Plan
The joint declaration issued by the
Prime Ministers of Sweden and of
India on the ‘Sweden-India Joint
Action Plan’ mentions the ‘India-Sweden Innovations’
Accelerator program. CII is the Indian partner for the
program which aims to facilitate the transfer of new
innovative renewable energy and energy-efficiency
technologies from Sweden to India.The Swedish partners
are Swedish Energy Agency and Business Sweden.
CII been working on this program for the last four
years, through which, as of April 2018, more than 50
innovative Swedish companies have participated and
showcased their technologies to Indian stakeholders
through workshops and B2B meetings. Over 350 Indian
companies have interacted with Swedish companies.
Several of the Swedish companies have already started
their business activities and initiatives in India.
GreenPro Summit 2018
• Building sector embracing CII GreenPro (Green
Product) certification
• CII to soon launch GreenPro certification for
industrial products and technologies, and consumer
products
• 1,000 products to be CII GreenPro certified by 2022
The green building movement in India has created
enormous demand for credible green building products,
materials and technologies. Understanding this imperative,
CII has launched GreenPro certification, a first-of-its-kind
eco label for building products in India. Today, over 370
building products are GreenPro certified.
CII aims to certify over 1,000 products by 2022, and
plans to include industrial products and technologies and
consumer products as well, to make them green, said
Mr ParasuRaman R, Chairman, CII Green Products and
Services Council, and Chairman, Conserve Consultants
Pvt Ltd, at the 2nd
edition of the GreenPro Summit 2018
held on 17-18 April in Hyderabad.
The CII IGBC estimates that the market potential for
green building products and technologies will be about
Chandrababu Naidu, Chief Minister of Andhra Pradesh, receiving the
CII IGBC plaque from Dr Prem C Jain, Chairman, IGBC, in Amaravati
Presentation of Green Certification
to Howrah Station
29. Communiqué May 2018 | 27
Portfolio
US$ 300 billion by 2025.
GreenPro certification was awarded to 13 companies at the
Summit.
The GreenPro Reference Manual was also launched on the
occasion.
Green Building Footprint
Providing a major impetus to the green building movement
in India, the CII IGBC has, as on date, facilitated over 5.27
billion sqft of green building footprint across the country,
making India no 2 in the world in terms of largest registered
green building footprint. CII IGBC aspires to facilitate 10
billion sqft of green building footprint by 2022 (the 75th
year
of India’s Independence).
To share this inspiring journey with the nation, the CII IGBC
released a dossier during the CII Annual Session on 9 April
in New Delhi.
Energy Efficiency
Advanced Training Program on Energy Efficiency: 26-27
April, Chennai
Recipients of CII GreenPro certification at the GreenPro Summit 2018
in Hyderabad
Participants at the Energy Efficiency Program in Chennai
Release of the Green Building Movement dossier in New Delhi
31. Communiqué May 2018 | 29
Portfolio
Manufacturing
Excellence
Workshop on Design Thinking
The CII Naoroji Godrej Centre of Manufacturing Excellence
(CII CME) conducted a workshop on ‘Design Thinking’
on 10-12 April in Mumbai, to highlight innovation as a
positive change for any organization in a changing world.
It highlighted how design thinking supports individuals
and organizations to be more successful with changes, by
designing for, and with, the people for whom the products,
services, and programs are being created – customers
and users!
The workshop helped the participants to understand and
apply the ‘design thinking’ concept; work in a team to
visualize and design possible new products or services and
to assess the market; learn to listen to the inner voice of
the customers (VoC) and empathize with them; and be able
to assess risks in design assignments.
Green Manufacturing Mission
With ‘Going Green’ becoming the new statement of several
manufacturing companies, the Centre scheduled a visit to
the green manufacturing unit of Godrej & Boyce Mfg Co
Ltd in Shirwal, Pune, on 12 April, to understand the benefits
of going green.
Participants at the workshop on ‘Design Thinking’ in Mumbai
Mission members at the Godrej & Boyce Mfg Co Ltd Plant in Shirwal
32. 30 | May 2018 Communiqué
Portfolio
Quality
2nd
National Safety Practice Competition
The 2nd
edition of the CII Institute of Quality’s National
Safety Practice Competition 2018, held on 26 April in
Chennai with the theme ‘Excellence in Workplace Safety,’
was a platform for safety practitioners from industry to
exchange and learn success stories on practices and
methodologies in safety.
Leading manufacturing and services companies shared
presentations, with recognitions for the best offerings
in different categories. From the Services side, the
presentation from BIAL got special recognition. The
winners were:
Construction/
Real Estate/
Infrastructure/
Plantation
Tata Coffee Winner
Brigade Enterprises 1st
Runner-up
Process Industry
Gerdau Steel Winner
Safety Park Practical
Learning
1st
Runner-up
Nuvoco Vistas Corporation
Special
Recognition
High Risk
Asian Paints Winner
Bayer Vapi 1st
Runner-up
Valspar Corporation
Special
Recognition
Auto &
Engineering
Bosch Ltd-Power Tools
Manufacturing
Winner
Godrej & Boyce-Tooling 1st
Runner-up
Brakes India
Special
Recognition
Manufacturing Excellence Study Missions
The CII Institute of Quality conducted several study
missions to excellent companies during April to learn,
refresh and understand their best manufacturing
practices.
The 15-member Cochin mission, scheduled on 5-6 April,
visited Cochin Shipyard, BPCL, Synthite Industries and
Plant Lipids.
On 12-13 April, 18 delegates visited
Mitsubishi Heavy Industries, Jubilant
Generics Ltd and Automotive Axles
Ltd, in Mysore.
The Chennai Mission took 33
participants to Timken Engineering,
J K Fenner, Daimler India, and Saint
Gobain, on 19-20 April.
The Pune study mission was held on 25-26 April to
Mahindra & Mahindra, Fiat India, Tata Motors and
Volkswagen India, with 30 participants.
Workshop on Planned Maintenance
The CII TPM Club India organized a two-day unique
workshop on Planned Maintenance hosted by RICO Auto
Industries Ltd, with a one-day visit to best practicingTPM
companies such as Munjal Showa Ltd and Sunbeam
Auto Ltd, on 23 - 25 April in Gurugram.
Planned Maintenance (a salient pillar of TPM), is a
specialized activity performed by the plant maintenance
team. It principally focuses on the improvement of
equipment reliability and maintainability by restoration
and sustenance of optimal conditions, at the most
economical cost.
The objective of this workshop and visit was to improve
the availability of machines and equipment for production
and achieve qualitative production with the machines
and equipment kept in ‘as desired’ condition by the
maintenance division with the help of the operations
team.
32nd
Kaizen Conference & Competition
The 32nd
Kaizen Conference and Competition, organized
by the CII IQ TPM Club India on 19-20 April in Pune
Winners of the Safety Practice Competition in Chennai
Study Team members at J K Fenner, in Chennai
Workshop on Planned Maintenance in Gurugram
33. Communiqué May 2018 | 31
Portfolio
drew around 110 kaizens sent by 50 companies. Of
these, 80 kaizens were shortlisted under 4 categories
to compete in the tough competition and share their
experiences.
26th
TPM Facilitators Course
The TPM Club India conducted a 5-day TPM Facilitators
Certification Course from 23-27 April in Pune for 30
participants from manufacturing industries from across
the country.
The objective of the course was to equip the participants
to understand, assimilate and implement TPM within
their organization a structured way, and successfully
For more information on CII Institute of Quality Programs,
please contact
CII QMS services: anupam.kaul@cii.in
Safety: krishnan.pm@cii.in
TPM Club India and other TPM training & consulting opportunities:
ravi.joshi@cii.in
Lean Six Sigma programs: mamta.rai@cii.in
Winners of the 32nd
Kaizen Conference & Competition with
members of the TPM Club India, in Pune
Participants of the 26th
TPM Facilitators Course in Pune
steer the organization to challenge the JIPM Award.
3rd
Indo-European Conference on Standards
and Emerging Technology
The CII Institute of Quality, along with the Seconded
European Standardization Expert for India (SESEI),
organized the 3rd
edition of the Indo-European
Conference on Standards and Emerging Technology,
on 26 April in New Delhi. The conference was held to
further strengthen the existing dialogue between India
and Europe by getting the Indian perspective on specific
requirements and specifications towards standardization
and related policies.
The key topics of discussion were Information and
Communication Technology, covering Machine to
Machine (M2M) and the Internet of Things (IoT), and
its role in smart cities and cyber security; automotives,
including electric mobility and intelligent transport
systems; and smart energy. Three study reports in
these areas were released at the Conference identifying
updates on the latest global and Indian developments
around standards, related policies and legislations, gaps
and challenges, and the way forward
Mr Anup Wadhawan, Special Secretary, Ministry of
Commerce, India, inaugurating the conference, spoke
of the significant role of standards in the economic and
social development of the country.
Over 70 international and Indian experts, including Mr
Tomasz Kozlowski, Ambassador of the European Union
to India; Ms Surina Rajan, Director General, Bureau of
Indian Standards, and Mr Simon Hicks, Chairman ETSI
General Assembly, UK Department for Digital, Culture,
Media and Sports, among others, presented their views
on the emerging standards requirements in new age
technologies.
The Winners
Position Restorative
Kaizen
Renovative
Kaizen
Innovative
Kaizen
Breakthrough
Kaizen
1st
Mahindra &
Mahindra
Ltd-AS-
Kandivli
Raychem
RPG (P)
Ltd, Vasai
Godrej
& Boyce
Mfg Co
Ltd, GPE
Division
Toyota
Kirloskar
Motors Pvt
Ltd
2nd
Electrotherm
(India)
Ltd, Steel
Division
Toyota
Kirloskar
Motor Pvt
Ltd
United
Breweries
Ltd,
Chamundi
Raychem RPG
(P) Ltd, Vasai
3rd
Mahindra &
Mahindra
Ltd – Auto
Division,
Zaheerabad
Plant
Durovalves
India Pvt
Ltd
Mondelez
India
Foods
Pvt Ltd
(Formerly
Cadbury
India Ltd)
Mumbai
International
Airport Pvt
Ltd
At the Indo-European Conference on Standards and Emerging
Technology in New Delhi
35. Communiqué May 2018 | 33
Food and Agriculture
Controlling and Monitoring Food-Borne Illness
Stakeholders came together to discuss their shared
responsibilities in achieving the overall agenda of
reducing the food-borne disease (FBD) burden of the
country, at a roundtable on ‘Reducing Food-borne
Illness: Strengthening Surveillance Capabilities and
Epidemiological investigations’ held on 27 April in New
Delhi.The Roundtable was organized by the Food Safety
and Standards Authority of India (FSSAI) and CHIFSS (a
partnership initiative between CII and Hindustan Unilever
to promote science-based food safety), along with the
American Society for Microbiology.
A 2015 World Health Organization report estimated
that the global burden of food-borne illness in 2010
was 600 million cases worldwide, with South East
Asia (including India) accounting for 150 million cases
and 175,000 deaths. The meeting was an attempt to
address this massive burden in India, bringing together
regulatory agencies, research institutes, industries,
academia, global development bodies and public
messaging agencies, to prepare a roadmap to deal with
Manufacturing, Parts Handling and Logistics Tool
Engineering, etc, by companies who have implemented
and gained from this approach, such as Luminous
Power Technologies Pvt Ltd, Godrej & Boyce Mfg Co
Ltd, WABCO India Ltd, and TVS Motor Company Ltd,
among others.
Detailed
Energy Audits
C a r r i e r A i r
Conditioning and
Refrigeration India
Ltd, Gurugram:
3-6 April.
Dabur India Ltd,
B a d d i : 16 - 19
April. After the
significant energy
saving potential
identified in the unit, the management is interested
in undertaking energy audits of its other two units
as well.
SME Competitiveness
Energy Efficiency
Amidst rising energy costs and increasing environmental
responsibility, energy efficiency is top priority for all
organizations. With experience suggesting that there is
10 – 30% potential to save energy in any organization,
the CII Centre for SME Competitiveness conducted high
impact training programs on ‘Energy Efficient Systems
and Energy Efficient Design Stage Considerations’ in
Bengaluru on 3-4 April and in Noida on 26-27 April.
Dynamic Leadership, Team Building and
Goal Setting
An interactive workshop on Leadership Development,
Team Building and Goal Setting, designed exclusively
to help business owners and professionals develop
leadership qualities, was held on 27 April in Gurugram.
Around 55 delegates attended the workshop to learn
best HR practices for developing leadership and team
building in an organization.
Indian Production System
The Centre organized a first-of-its-kind workshop on
Indian Production System (IPS) on 28 April in Chennai.
The IPS is a home-grown, indigenized production system
tailor-made for India. The concept is the brainchild of
Mr C Narasimhan, Mentor, CII Cluster Program, who
has been trained by Japanese masters like Shigeo
Shingo, Tsuda, Washio, Kume and Iwata, and has also
successfully challenged the prestigious Deming prize
and the Japan Quality medal.
The workshop presented best practice case studies
on different aspects of the IPS, such as Total Lean
At the training program on energy efficiency in Noida
Detailed Energy Audit at
Dabur India Ltd, Baddi
Portfolio
36. 34 | May 2018 Communiqué
Portfolio
Key Recommendations
1. Create an integrated platform for real-time food-borne disease surveillance.
2. Laboratory mapping through resources available through the Indian Association of Microbiology.
3. Develop a national plan for further discussion with relevant stakeholders.
4. Collate existing data to identify prevalent pathogens.
5. Identify the training gaps and create training modules for capacity-building of lab and regulatory personnel.
6. Establish the disease-food-pathogen-human linkage.
India’s food-borne disease burden, and
strengthen the country’s disease-reporting
and surveillance capabilities.
The discussions took place across three
critical pillars:
• Overall burden of food-borne illness
• Outbreaks and epidemics
• Enabling mechanisms for management
and control of food-borne illnesses.
Your business
is customer centric.
Is it?
To find out, apply for the CII Award for Customer
Obsession Program. It involves two rounds of stringent
evaluation using a world class framework,
followed by a jury assessment. For the record,
very few qualify for the top honours.
While the award is an endorsement of an
organisation’s customer focus, the program itself is a
valuable auditing opportunity, the results of which help
you shape corrective strategies. So register right
away. You’ll be richer for it.
Visit ciicustomerobsessionawards.com for
more details.
Pawan Aggarwal, CEO, FSSAI, addressing the roundtable on ‘Reducing Food-borne
Illness’ in New Delhi
37. Communiqué May 2018 | 35
Building Capacity
India Intellectual Property Convention &
10th
National Intellectual Property Awards
CII, in collaboration with the Department of Industrial
Policy and Promotion (DIPP), and the Intellectual Property
Office, India, has been organizing the National Intellectual
Property Awards every year since 2009, recognizing the
use of Intellectual Property Rights (IPRs) as a strategic tool
in commerce and industry. Comprising a winning amount
of `1 lakh in cash, a trophy and a citation, the awards
are evaluated on the basis of number of IPRs granted/
registered, growth in IPR portfolio in the past five years,
leveraging of IPRs for achieving commercial goals (valuation,
licensing, launching of new products/processes associated
with granted/registered IPRs), efforts for inculcating IPR
culture (R&D budget, employment of human resources
for R&D, collaborations with industries and universities,
Intellectual Property
licensing from other sources) and contribution towards the
socio-economic development of the country.
Innovation is essential for progress and brings enormous
benefit to society and the nation as a whole, said Mr
Suresh Prabhu, Minister of Commerce and Industry, and
Civil Aviation, at the Award Ceremony, held on 26 April
in New Delhi. “If there is no protection of innovation,
there will be no incentive for innovating,” he said, noting
that India has taken a number of steps and has passed
relevant laws to improve on IPR protection.
Mr Chandrajit Banerjee, Director General, CII, and
Mr O P Gupta, Controller General of Patents, Designs
and Trademarks, Intellectual Property Office, India, were
also present on the occasion.
The Winners
Dr Hanamapure Basagonda Bhagavanta: Top Individual
for Patents & Commercialization, and WIPO Medal for
Inventors
SRM Institute of Science and Technology: Top Indian
Academic Institution for Patents & Commercialization
Council of Scientific and Industrial Research: Top R&D
Institution/Organization for Patents & Commercialization.
WIPRO Ltd:Top Public / Private Ltd Company for Patents
& Commercialization in India (Indian), and WIPO IP
Enterprise Trophy
Samsung R&D Institute India – Bangalore Pvt Ltd:
Top Public / Private Ltd Company for Patents &
Commercialization in India (Foreign)
Monk Akarshala Pvt Ltd: Top Indian Pvt Company
(MSME) for Patents & Commercialization
Sabyasachi Couture: Top Indian Company /Organization
for Design
P Sanjai Gandhi: Top Individual/Organization for best
facilitation of Registration of GI and Promotion of
Registered GI in India.
Suresh Prabhu, Minister of Commerce & Industry and Civil Aviation,
at the 10th
National Intellectual Property Awards in New Delhi.
Also seen: Chandrajit Banerjee, Director General, CII
Winners of the National IP Awards 2018, at the award ceremony in New Delhi
39. Communiqué May 2018 | 37
Vijaywada City Police: Best Police Unit (District / zone
in a commissionarate) for enforcement of IP in the
country.
Recognizing their contribution to the social cause
through patented invention and significant contribution
towards facilitating Gl registration and promotion of
registered Gl, special citations were conferred on
Mr Mayur Maheshwari, Director, Prime Minister
Office, and Ms Ritu Maheshwari, District Magistrate,
Ghaziabad.
India Intellectual Property Convention
The India Intellectual Property
Convention, held preceding the Awards,
was jointly organized by CII, the
Intellectual Property Office, India, and
DIPP, with the theme, ‘Showcasing
India’s Intellectual Property Prowess.’
The Conference brought together
an eminent set of speakers from
government bodies, distinguished judges, IP lawyers and
attorneys, legal counsels, industry and academics from
India and abroad. Some of the key speakers were Justice
Arjan Kumar Sikri, Judge, Supreme Court of India, Justice
Manmohan and Justice Prathiba M Singh, Judges of
the High Court of Delhi, and Justice Manmohan Singh,
Retired Judge of the Delhi High Court, and Chairman,
Intellectual Property Appellate Board.
Anti-Piracy Film Competition
CII, in collaboration with the United States Embassy in
India, launched an anti-piracy film-making competition
for students in Northern India, to help promote
Intellectual Property Rights (IPR) and build a strong
IP ecosystem. The contest, which invited 18-25 year
old students in North Indian schools, colleges, and
universities to make one minute video clips on the
theme of ‘Respect Copyrights, Steer Clear of Piracy,’
received good number of entries.The top three winners,
Mr Gulwaiz Alwi, MAAC, Uttarakhand, Mr Danesh
Shastri, Sri Venketeswara College, New Delhi, and Mr
Archit Ratan, National Institute of Mass Communication,
were presented ipads at a ceremony at the American
Center in New Delhi on 27 April.
Best Practices for Resolving Disputes
CII and the International Center for Alternative Dispute
Resolution, Regional Center, Hyderabad, jointly organized
a seminar on ‘Alternative Dispute Resolution (ADR) in
the context of Shareholders Rights & IPR’ on 28 April
in Hyderabad. This was a first-of-its-kind initiative to
promote the importance of ADR in industry in resolving
disputes and avoiding litigations.
ADR is preferred by companies over court-room
litigations in solving disputes, because of its lower
costs, quicker resolutions, and outcomes that preserve
and sometimes even improve relationships.
The seminar shared some best practices in arbitration
and mediation and other ADR mechanisms in resolving
disputes and provided practical tips for managing
arbitration and meditation and along with drafting
effective agreements and clauses.
Justice Arjan
Kumar Sikri,
Judge, Supreme
Court of India
At the India Intellectual Property Convention in New Delhi
Winners of the Anti-Piracy Film-making Competition
at the award ceremony in New Delhi
Building Capacity
Labor
Fixation of Minimum Wages in Telangana
CII, along with several employers' associations, met
Mr Nayani Narasimha Reddy, Minister of Labor,
Employment Training and Factories, Telangana, on
the issue of fixing of the minimum wages across
schedules in Telangana. CII Telangana is a member of
the Minimum Wages Advisory Board of the Government
Meeting with Nayani Narasimha Reddy, Minister of Labor,
Employment Training and Factories, Telangana, in Hyderabad
40. 38 | May 2018 Communiqué
Building Capacity
of Telangana.
The main outcome of the meeting was that all
employers associations would work with the Chairman
of the Telangana Minimum Wages Board and the Labor
Commissioner to work out the minimum wages as per
notifications.
work of Indian companies in various categories such
as 3R, e-waste, waste to recyclables, municipal solid
waste management and industrial waste. CII received
69 applications for the awards from across India from
start-ups, SMEs and large industry.
The industry session deliberated on topics such as
achieving Mission Zero Waste, role of 3R in achieving
sustainability and circular economy, and waste
management based on 3R.
3R Award Winners
Large Enterprise Bosch Ltd
Medium Enterprise BEEPEE Coatings Ltd
Micro & Small Enterprise Proton Enviro Private Ltd
Certificate of Appreciation
for Start-ups
Ecosystem Private Ltd
Excellence Award in Waste Management
Category 1st
Prize 2nd
Prize
Industrial Waste Ion Exchange Bosch Ltd
E-waste E-Parisaraa Pvt Ltd
Greenwaves
Environmental
Solution
Namo E-waste
Management
Waste to
Recyclable
NEPRA
MSW Collection
& Transportation
Chennai MSW Pvt
Ltd
Waste to
Composting
IL&FS Environment Indian Pollution
Control
Association
Integrated
Waste
Management
Eco-pro Environmental
Services
Hyderabad
Integrated MSW
Pvt Ltd
Waste to
Energy
Delhi MSW Pvt Ltd Jabalpur MSW
Pvt Ltd
Sumitra Mahajan, Speaker of the Lok Sabha and Hardeep Singh Puri,
Minister of State (I/C) of Housing and Urban Affairs, inaugurating
the 8th
Regional 3R Forum Exhibition in Indore
8th
Regional 3R Forum in Asia and
the Pacific
The 3Rs (Reduce, Reuse, Recycle), in a broader context,
are not just about municipal waste management, but
are intrinsically linked with resource efficiency in a wide
range of sectors, towards transitioning to a zero waste
society and a green economy. Efforts are increasingly
on to make nearly all waste/outputs either inputs
to other manufacturing processes or return them to
natural systems as benign emissions rather than as
pollutants.
CII was the Industry Partner for the 8th
Regional 3R
Forum in Asia and the Pacific, held on 9-12 April in
Indore, and co-organized by the Ministry of Housing and
Urban Affairs, India, the Ministry of the Environment,
Japan, and the United Nations Center for Regional
Development (UNCRD). The overall theme of the Forum
was ‘Achieving Clean Water, Clean Land and Clean Air
through 3R and Resource Efficiency – A 21st
Century
Vision for Asia-Pacific Communities.’
CII organized the exhibition and the Industry Awards,
and conducted a full day session on 3R and waste
management.
The exhibition, inaugurated by Ms Sumitra Mahajan,
Speaker of the Lok Sabha, and Mr Hardeep Singh Puri,
Minister of State (Independent Charge) of Housing
and Urban Affairs, had 4 country pavilions of Japan,
Singapore, Australia and Russia, 2 UN pavilions, 2
State pavilions– Madhya Pradesh and Chattisgarh,
participation of the municipal corporations of Kanpur,
Ujjain, Coimbatore and Indore, and 40 industry exhibitors,
which showcased their technology, best practices and
equipment and machinery for waste minimization,
optimum material use and waste recovery.
Around 20 Indian exhibitors had one-to-one interactions
with country representatives.
The 3R Industry Awards recognized the exemplary
Resource Efficiency
41. Communiqué May 2018 | 39
Building Capacity
Family Business
FBN Delegation to Germany
A delegation of the CII Family Business Network (FBN)
India Chapter, a network of family-owned companies,
recently visited Germany to observe the best practices
adopted by leading German family businesses.
The 28-member delegation had the opportunity to meet
and interact with family business leaders in Germany,
and visited four prominent German family businesses:
Henkel Ag & Co. kgaa, Düsseldorf; Tengelmann; Krohne
Messtechnik, and Franz Haniel & Cie. GmbH.
Ajay Shriram, Past President, CII, Chairman, CII FBN India Chapter,
and Chairman, and Senior MD, DCM Shriram Ltd; Dr Naushad Forbes,
Past President, CII, and Co-Chairman, Forbes Marshall Pvt. Ltd;
Sophia von Rundstedt, CEO, v. Rundstedt & Partner GmbH, and
Prof Dr Peter May, Family Business Expert, Germany,
at a discussion in Düsseldorf
#Yi4Children
One in 125 children
are thought to be
affected with Autism.
These children have
special needs and, at
the same time, many
have special talents.
Recognizing the need
for multidisciplinary care
and for understanding
the advances in Autism,
CIIYoung Indians, in association with Sankara Eye Hospital,
organized an ‘Interactive Workshop for Caregivers of
Children with Autism Spectrum’ on 6 April in Bengaluru.
The workshop brought together a special educator,
medical clown, psychologist, dentist, speech therapist and
occupational therapist to help 65 teachers and parents
of children with Autism Spectrum benefit from insights
on education, dental hygiene, et al, to enable them to
overcome stress and create a safe environment for their
children to achieve their potential.
Young Indians
At the Workshop for Caregivers of
Children with Autism Spectrum
in Bengaluru
A Journal of
Confederation of Indian Industry
For more details, Please contact: Ms Sarita Sawhny, Confederation of Indian Industry
249-F, Sector 18, Udyog Vihar, Phase IV, Gurgaon-122 015 (Haryana), India, Tel: 91-124-4013866 / 4014060-67 • Email: sarita.sawhny@cii.in
The Coverage
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The Facts
Print run of over 9,000 copies and readership of over 50,000
Monthly Newsletter of top management of 8081 companies
Read by CII Members, Thought Leaders, Diplomats,
Bureaucrats and other decision makers
Full Page
Left hand charges per release: ` 15,000/ US $ 450
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42. 40 | May 2018 Communiqué
Engaging with the World
EGYPT
Meeting with Customs Authority of Egypt
The CII India Business Forum (IBF) Egypt met with
Dr Magdy Abdel-Aziz, Chairman, Customs Authority
of Egypt, and his team on 15 April at the Embassy of
India in Cairo. The meeting was chaired by Mr Sanjay
Bhattacharyya, Ambassador of India to Egypt.
Appreciating the scale and scope of Indian investment
in Egypt, Dr Magdy said this was his first interaction
with a group of investors of a particular country in their
embassy, and showed the importance of the relationship
between India and Egypt. He described some major
changes planned to make customs clearance processes
in Egypt smoother and easier.
His presentation was followed by a Q&A session to
discuss issues of concern.
Sanjay Bhattacharyya, Ambassador of India to Egypt, with
Dr Magdy Abdel-Aziz, Chairman, Customs Authority of Egypt,
at a meeting in Cairo
FINLAND
Energy and Infrastructure for Smart Cities
CII and the Embassy of Finland organized a session
on ‘Energy and Infrastructure for Smart Cities’ with
Mr Kimmo Tiilikainen, Minister for Energy, Housing and
Environment, Finland, on 20 April in New Delhi. The
focus was on exploring new avenues of cooperation
in smart cities, energy and infrastructure, especially
with regard to recycling and the circular economy
(converting waste-to-energy/waste-to-wealth).
India today presents a vast and lucrative market for
Finland’s technology products and investments, said
Mr Tiilikainen, asserting that Finnish companies were
following with ‘great interest’ the implementation of
Prime Minister Narendra Modi's flagship schemes such as
'Make in India', 'Clean India' and 'Smart City Mission.' At
the governmental level, the two countries have identified
Kimmo Tiilikainen, Minister of Environment, Energy and Housing,
Finland; Amitabh Kant, CEO, NITI Aayog; and Nina Vaskunlahti,
Ambassdor of Finland in India, at the session on ‘Energy and
Infrastructure for Smart Cities’ in New Delhi
plenty of mutual interests related to renewable energy,
environment and smart city solutions, he added.
“The Indian economy is growing fast.This growth should
be sustainable. India has ambitious plans for more
diversified energy production, and Finland has expertise
and know-how in clean energy, waste management and
sustainable urban development. These are solutions for
global problems that India is also facing. I believe this
visit will further reinforce our export opportunities in
the fields of the circular economy, bio-economy and
low-emission energy,” said the Minister.
Mr Tiilikainen launched the Finland Chamber of
Commerce in India (FINCHAM) during the seminar,
observing that the new chamber would give Finnish
companies increasing opportunities for collaboration
with their Indian partners.
Ms Nina Vaskunlahti, Ambassador of Finland to India,
said Finland’s partnership with India has deepened to
commercial collaboration over the years, with around
100 Finnish companies currently operating in India.
Cities in India are facing an urgent need for infrastructural
improvement, smart and renewable energy solutions and
technologies, in addition to transportation, sanitation and
housing, said Mr Amitabh Kant, CEO, NITI Aayog. Calling
for stepping up the collaboration between India and Finland
on smart city development, Mr Kant said investment in
trunk infrastructure is essential for the creation of a smart
city, with effective multi-modal integration for seamless
connectivity between different transport modes.
CII also inked a Memorandum of Understanding with
FINCHAM to facilitate partnerships for smart city
development in India.
43. Communiqué May 2018 | 41
Engaging with the World
SOUTH AFRICA
CII Business Delegation to
India-South Africa Business Summit
Mr Suresh Prabhu, Minister of Commerce and Industry,
and Civil Aviation, led the Indian participation to the
India-South Africa Business Summit, which was jointly
organized by the High Commission of India, Pretoria; the
Department of Industrial Policy and Promotion, Ministry
of Commerce and Industry, India; Invest India; the
Government of South Africa; and CII, in Johannesburg,
South Africa, on 29-30 April. A 28-member, multi-sector
CII business delegation to the Summit was strengthened
by the participation of 48 members of the CII-India
Business Forum (IBF) South Africa, many of whom
have significant investments in the country.
The CII delegation, led by Mr Rakesh Bharti Mittal,
President, CII, and Vice Chairman, Bharti Enterprises,
included industry leaders such as Mr Adi Godrej, Past
President, CII, and Chairman, Godrej Group; Mr Anil
Kumar Agarwal, Group Chairman, Vedanta Resources
Plc; Mr Noel Tata, MD, Tata International; Mr David
Rasquinha, MD, EXIM Bank of India; Mr Deepak
Premnarayen, Executive Chairman, ICS Group, and
Mr Rajesh Sharma, CMD, Ion Exchange (India) Ltd,
among others.
From South Africa, three Cabinet Ministers, namely,
Mr Rob Davies, Minister ofTrade and Industry; Mr Pravin
Gordhan, Minister for Public
Enterprises, and Ms Lindiwe
Daphney Zulu, Minister of
Small Business Development,
participated in the Summit,
along with Mr David Makhura,
Premier of Gauteng Province,
ministers and ambassadors
from SADC countries, including
Lesotho, Botswana, Swaziland
and Mozambique, heads of
chambers of commerce, trade representatives, and
businessmen. The event also provided an opportunity
for Indian companies to exhibit their products and
services. CII IBF South Africa had an exclusive stall at
this exhibition.
CII released a white paper titled ‘Indian Industry’s
inclusive footprint in South Africa: Doing Business,
Doing Good’ at the opening session of the Summit. The
paper, said Mr Chandrajit Banerjee, Director General,
CII, looks at the key sectors in South Africa where
Indian companies are thriving, and showcases the job
creation, skills development and CSR activities of some
of the key players, whilst also looking at the obstacles
being faced and the future areas of growth.
The program kicked off with the meeting of the
India-South Africa CEOs Forum on 29 April, which aimed
to identify key sectors of potential growth in the new
politico-economic landscape of South Africa. The Forum,
which was co-chaired by Mr Adi Godrej from the Indian
side and Mr Vivian Reddy, Founder and Chairman, Edison
Group, from South Africa, also recognized some key
deliverables to enhance the bilateral relationship, such
as the resumption of direct air links between the two
countries, and a simplified visa regime.
The visit concluded with an interactive session with
Mr Suresh Prabhu on 1 May, where Indian companies
in South Africa shared issues and concerns in a smaller
and focused discussion with the Minister.
Vivian Reddy, Founder & Chairman, Edison Power Group; Adi Godrej, Past President, CII, and
Chairman, Godrej Group; Rakesh Bharti Mittal, President, CII, and Vice Chairman, Bharti Enterprises,
and Deepak Bagla, MD & CEO, Invest India, at the India-South Africa Business Summit
in Johannesburg
Suresh Prabhu, Minister of Commerce and Industry, and Civil Aviation, India, and Rob Davies, Minister of Trade and Industry, South Africa,
with other dignitaries, releasing the CII Report on ‘Indian Industry’s Inclusive Footprint in South Africa: Doing Business, Doing Good’
during the India-South Africa Business Summit in Johannesburg