What fuels Nano CHANDRA BHUSHAN

(Chandra Bhusan works for Late Anil Agarwal's Centre for Science &
environment)


VISHWAJYOTI GHOSH

*India's cheapest car piggy-backs on subsidies *

THE saga of Tata Motors small car project at Singur, West Bengal, took a
twist on September 23. There were reports in the media that the company had
begun rolling out of the state. It was also reported that the West Bengal
government was resigned to the state losing the project. Tata Motors, it
seems, has kept up its threat of moving out of West Bengal if protests
against the project continued.

Opposition to it notwithstanding, Tata Motors had indeed got a sweet deal in
West Bengal: numerous subsidies would have fuelled India's cheapest car. At
the time this magazine went to press, it wasn't clear if the deal was off.

But let's go back to September 12 to understand how favourable the Singur
deal is for Tata Motors. On that day the Calcutta High Court restrained the
state government and the West Bengal Industrial Development Corporation (
WBIDC) from making public the 'secret' part of the agreement they signed
with Tata Motors on the Singur project. The company had taken the West
Bengal government and its industrial body to court after WBIDC posted the
text of the 'general' agreement on its website on a direction from the state
information commission. The commission had received a Right to Information (
RTI) plea for such disclosure.

Tata Motors' lawyer argued before the court that the state information
commission had violated the RTI Act, 2005 by asking the state to display the
agreement. Section 11(1) of the act says that when a third party—other than
theRTI petitioner and the government—is involved, a submission from it is
needed for any information to be revealed. The company's lawyer also argued
that the agreement between the three parties was a trade secret and could
not be put in the public sphere. In effect, the company argued that the Nano
project is a private commercial venture. In contrast, the state government
had acquired land at Singur using an antiquated law—the Land Acquisition
Act, 1894—that allows the state to take over land for 'public purpose'.

But what is in this 'secret' agreement that Tata Motors is afraid to
divulge? It seems that the deal between Tata Motors and the West Bengal
government involved much more than was made public by WBIDC on its website.
>From it, one only gets a glimpse of the sops that the state government gave
to Tata Motors. If there are more sops than that in the general agreement,
then the company may have got away with the mother of all subsidies.


The 'general' agreement

West Bengal government's subsidy package to Tata Motors includes subsidies
on land, power, tax paybacks and a soft loan of Rs 200 crore. The state
government will make efforts to maximize sale of products from the "Small
Car Plant". The package, notes the agreement, is given to Tata Motors to
match benefits it would have enjoyed in Uttarakhand and Himachal Pradesh,
both designated backward areas with following central tax concessions:

 100 per cent exemption from excise duty for 10 years.
 100 per cent exemption from corporate income tax for first five years and
30 per cent exemption from corporate income tax for next 5 years.

The land deal

WBIDC acquired 997.11 acres (403.5 hectares, ha) in Singur. Of this, 645.67
acres (262 ha) was leased to Tata Motors for setting up the small car plant,
while another 290 acres (117 ha) was meant for ancillary and component
manufacturing units.

  This tract was the bone of contention between the opposition Trinamul
Congress and West Bengal government. Trinamul wanted this land to be given
back to the farmers and wants the vendors of ancillary units to be
relocated. The remaining 60 odd acres (24 ha) was earmarked for setting up
the electricity substation and for the rehabilitation of the project
affected persons.

Under the deal, Tata Motors will not pay for the acquisition of land for the
small car plant. It will instead pay an annual lease rental of Rs 1 crore
per year for the 645.67 acres for the first 5 years with an increase of 25
per cent after every 5 years till 30 years. After 30 years, the lease rental
will be fixed at Rs 5 crore per year, with a 30 per cent increase every 10
years till the 60th year. After 60 years, the rental will be fixed at Rs 20
crores per year, which will remain unchanged till the 90th year, after which
the lease terms will be fixed on mutually agreed terms.

For the Tata Motors' vendors, however, the 290 acres will be given on
payment of a premium equal to the actual cost of acquisition of land plus a
lease rental of Rs 8,000 per acre per year for the first 45 years and Rs
16,000 per acre per year for the next 45 years.

Considering that WBIDC is likely to spend anywhere between Rs 150 –200 crore
to acquire the land in Singur and the going lease rental rate for the
commercial space in Singur near the national highway (where the Nano plant
is coming up) is upward of Rs 25,000 per acre per year, Tata Motors has
struck a sweet deal. The company has not only got away from not paying the
market value of land (if the company was to buy this land from the farmers
directly the cost could have been between Rs 250 and 350 crore), but the
lease rental it has been asked to pay is also highly subsidized.

The power deal
The West Bengal government has agreed to provide subsidized electricity to
the project. Though the going rate for the electricity is Rs 4.15 per kWh,
the project will pay at the rate of Rs 3 per kWh. In addition, in case the
tariff is increased by more than 25 paise per kWh in every block of five
years, the government will provide relief to neutralize the increase. In
other words, Tatas will get electricity at a constant subsidized rate for
the entire life of the project. In fact, this deal in a way freezes forever
the per unit energy cost of the Nano car.

It is estimated that it will take about 300 kWh to assemble one Tata Nano in
Singur (it takes about 400-500 kWh to make small cars like Hyundai Santro
and Maruti 800 and Maruti Zen). This excludes the electricity that the
ancillary and component manufacturing units of Nano will consume. As Tata
Motors plans to make 2,50,000 cars per year initially, the electricity
subsidy offered to the company could be to the tune of Rs 10 crore annually
for the assembly plant alone. If the same subsidy is being offered to the
vendors as well, which is not clear from the general agreement, then the
total energy subsidies will increase manifold.

The soft loan
According to the agreement, the West Bengal Government will provide Tata
Motors a loan of Rs 200 crore at 1 per cent interest, repayable in five
equal annual installments starting from the 21st year from the date of
disbursement of the loan. This loan will be disbursed within 60 days of
signing this agreement (The company signed an agreement with the government
on March 9, 2007 for the land at Singur).

The loan writes off about 15 per cent of the capital investment that the
company purports to make in Singur. By the time Tata Motors starts repaying
the loan in the 21st year, it will essentially repay only about Rs. 240
crore to the West Bengal government, though at 11 per cent interest rate the
future value of the present Rs 200 crore in the 21st year would be around Rs
1,450 crore. So Tata Motors in 20 years will avail a subsidy of about Rs
1,200 crore.

Matching the Uttarakhand deal
To match the excise duty and corporate income tax exemptions of Uttarakhand,
WBIDC has agreed to provide an industrial promotion assistance in the form
of a loan to Tata Motors at 0.1 per cent interest per annum for amounts
equal to gross value-added tax and central sales tax received by the state
government in each of the previous years ended March 31, on the sale of the
small car from the date the sales begin.

This benefit, says the agreement, will continue till the balance amount of
the Uttarakhand benefit (after deducting the amount from the land lease
rental and the soft loan) is reached on net present value basis. The loan
with interest will be repayable in annual installments starting from the
31st year of commencement of sales.

The loan availed of in the first year will be repaid in the 31st year and
WBIDC will ensure that this loan is paid within 60 days of the close of the
previous year, failing which the corporation will be liable to compensate
Tata Motors for the financial inconvenience caused at the rate of 1.5 times
the bank rate prevailing at the time on the amount due for the period of
delay.

Is Tata Motors moving out of West Bengal for an even better deal?

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