Search interesting materials

Thursday, October 09, 2014

Author: Susan Thomas

On this blog:

    How to strengthen the National Pension System

    by Renuka Sane and Susan Thomas.

    When the Old Age Social and Income Security (OASIS) committee was created in 1998, it was asked to design a pension system that: (a) increased pension coverage on the large area, population and diversity of India; (b) was low cost; (c) was accessible to unsophisticated participants; (d) provided choice of investment; (e) was backed by sound regulation; and (f) had long-run sustainability. The report of the OASIS committee recommended the creation of the National Pension System (NPS), a pension system that was innovative even by the standards of pension systems in developed economies. The design included the following features:
    • Individual accounts with defined contributions.
    • Central record keeping agency which will provide a single account balance statement for each individual, and will move net funds to the fund managers.
    • Investments managed by multiple pension fund managers, each offering standardised asset products. Auction based selection of fund managers where the selection is based on the sum of fees and expenses.
    • Collection of contributions done through a network of banks, post offices and other "points of presence" across the country.
    • Withdrawals permitted only after age 60, with a minimum mandatory annuitisation of 40 percent of the terminal pension funds.
    • EET tax treatment, where benefits and withdrawals are taxed as ordinary income.

    The NPS became operational in 2004 for new recruits to the central government. A central recordkeeping agency (CRA) and selection of fund managers through auctions have led to some of the lowest cost structures in the world. The NPS has grown to having 7.1 million accounts, and Rs. 0.6 trillion in assets under management. While it is mandatory for new recruits to the central government, it can be accessed by all. A co-contribution scheme called NPS-Swavalamban encourages participation by poor households in the informal sector.

    After a decade of existence, there is need to examine the existing NPS and compare the performance of this system to the goals with which it was created. In a recent paper, we analyse the NPS from this perspective.

    Problems with the implementation of the NPS


    While several of the key features of the existing system are consistent with the original design features, there are certain critical areas in which the NPS has deviated. There continues to be an attempt to reduce transactions costs in the system, with a central record keeping agency and a limited number of pension fund managers. However, the NPS has several flaws at the ease of accessibility as well as the choice of investments to the pension contributor:

    Low transparency: One of the progressive features of the original NPS design was high transparency about cumulations for the NPS member contributors. However, this has not been implemented. Members do not always get communications regarding their pension wealth. There is as yet, no clarity on how long the process of contribution deduction to actual investment takes, and the costs incurred in the form of lost interest owing to delays in the process (if any) on the customer. The PFRDA does not make available aggregate details about assets under management, number of accounts, or cumulated returns. This lack of transparency leads to a lack of awareness and trust in the system, and reduces the quality of policy analysis.

    Lack of investment choice: Government employees are not allowed a choice of investment strategy, or pension fund manager. The default investment option of government employees is badly structured - it does not cater to the best interests of participants. International diversification is not permitted.

    Inconsistency in tax treatment: Schemes such as the GPF and the CPF continue to be taxed on a EEE basis, while the NPS is taxed on a EET basis. Employee contributions to the NPS above Rs.100,000 are taxed. These tax inconsistencies need to be rationalised.

    Confusion: A key element of the original NPS was that it was one single pension system serving the entire country. For a variety of tactical reasons, before the PFRDA Act was passed by Parliament, a series of variants of NPS were created. These create complexity, hamper portability, and increase cost. It is time to go back to one single NPS.

    Broader policy problems


    Beyond the scope of the original NPS design, there are other policy issues that need to be addressed in order to achieve the end objective with which the NPS was commissioned: the goal of providing old age income security with coverage across the breadth and length of India.

    One such issue deals with the question of the annuity the NPS contributor member can expect to access as a pensioner. The price of an annuity will influence the monthly pension available to a pensioner. If annuity prices are very high, it will have a detrimental impact on the pension payout. As of yet, there has been no active effort on the part of the PFRDA to enable the pensioner to obtain the lowest cost annuity product. Similarly, there has been no effort to design a common draw-down policy that works in the interest of both government employees and lower-income, informal sector workers, both of whom contribute to the NPS.

    Another area of broad policy concern has centered around the sales of NPS so far. This has been perceived as very low, and has led to suggestions to incentivise sales intermediaries to push the sales of NPS, by improving their commissions. However, experience from the mutual fund and insurance industries in India shows that a combination of high-powered sales incentives without any liability for mis-selling does not lead to an increase in retail participation. Instead, it can lead to defrauding of customers. This suggests that it would be imprudent for the PFRDA to incentivise the sale of the NPS in an environment that is characterised by a lack of strong consumer protection. The PFRDA needs to first re-orient its strategy towards an explicit goal of consumer protection, with a clear enumeration of the rights of consumers and obligations of sellers. A relevant benchmark that provides explicitly for protections against misleading conduct by sales agents is the Indian Financial Code.

    The light at the end of the tunnel


    One of the key bottlenecks for the NPS since it was implemented in 2003, was the lack of a sound regulatory framework that was implemented by an empowered and independent regulator. While the PFRDA has been in place at the same time that the NPS was implemented, it has awaited the passage of the PFRDA Bill for a regulatory mandate and empowerment. This Bill has since been passed in 2013, enabling the formal institutionalisation of the PFRDA as the regulator of the NPS.

    The PFRDA can now take on the task of both the relatively short term agenda of closing the gap between the current implementation and what was visualised in the original design. This includes building trust in the system by improving the transparency and visibility of fund accumulations for contributor members and the overall system; enabling a richer choice of investments available to individual members; and resolving inconsistencies in tax treatment.

    Another area which the PFRDA can take forward is to initiate the policy thinking and research analysis for the medium and long-term objectives of sound policy and regulation for annuities, and to design the regulatory framework to improve the NPS customer rights.

    With these actions, India can get back on the track to achieve a pension system with universal coverage that was visualised in the OASIS reforms of 1998.

    Author: Renuka Sane


    On this blog:









        Saturday, October 04, 2014

        Repeal 100 laws

        An earlier version of this appeared on qz.com two days ago.

        Fixing the laws is fixing the Republic


        Badly drafted laws are at the heart of the failures of government in India. All too often, in India, laws feature sloppy drafting (inducing legal risk), have vague objectives (hampering accountability), and give sweeping powers (inviting abuse). Of particular importance is the role of sloppy drafting coupled with absence of accountability in generating arbitrary power in the hands of the executive. You have to `respect' the executive because it has arbitrary power.

        Today there is a thicket of nearly 2,000 central laws, alongside hundreds of state laws, processes, rules and regulations, The Gazette of India fares badly on publishing central legislations, making it impossible for citizens to know all the laws through which government has powers over them. Everyday life has become a minefield: a person never quite knows what laws he is violating.

        Remedying this situation requires large scale rewriting and cleaning of the statute books. The first step is outright repeal of obsolete and anachronistic laws. The second is creating a new wave of well-drafted laws which clean up one sector at a time. A well-drafted law is precise, principles-based and will make sense for a long horizon. One example of this is the Indian Financial Code, which aims to replace all existing financial law. Drafting high quality law is a complex and time-consuming process.

        Both strategies -- outright repeal and new drafting -- are required to clear the thicket, reduce complexity, uncertainty, mis-governance and opportunities for rent seeking, and ultimately to put the Republic on a sound foundation.

        Three groups of laws that require fixing


        Three groups of laws are of prime importance in cleaning up the undergrowth:

        1. There are laws from the colonial era which are irrelevant or misplaced today, as the world has changed. Some of these were specifically enacted to curb the independence movement.
        2. In particular, during the Second World War, many laws were passed which reflected the exigencies of the war. In numerous areas, freedoms of Indians were taken away to make it convenient for the British war effort.
        3. The laws from the socialist period, roughly 1950 to 1980, where the government sought to achieve a dominant role in the economy. Many times, the dirigisme which was initiated as a wartime measure ossified into a system of control under socialism. The years around the Emergency in particular had laws which gave a tremendous increase of State power, the after effects of which are still plaguing the country.

        The zone of careful rewrite


        While all the laws under these three categories merit review, in many cases, outright repeal is neither feasible nor desirable. Three examples are instructive:
        1. The Forward Contracts Regulation Act of 1952 has as its objective the prohibition of options trading. This is not an objective that we wish to pursue today. However, the solution does not lie in a simple repeal of this Act; what is required is a complex drafting of a new law (i.e. the Indian Financial Code).
        2. The RBI Act, 1934, was proposed by the British as a `temporary measure'. It is a badly drafted legislation, and has given us an under-performing central bank, but the solution is not a simple repeal but the complex drafting of a new law (the Indian Financial Code).
        3. There are huge problems with the Indian Penal Code in areas such as freedom of speech. In a sense, the IPC of 1860 (written three years after the mutiny) is incompatible with the Constitution of India when it proposes to imprison a man for committing the crime of speaking. But this is not a simple repeal. What is required is a deeper rewrite of criminal law - e.g. by setting up a Criminal Justice Legislative Reforms Commission a la FSLRC.

        The zone of outright repeal


        In 2014, a collaborative project was initiated between three organisations -- Centre for Civil Society, Vidhi Centre for Legal Policy and the Macro/Finance Group at the National Institute of Public Finance and Policy -- that aimed to identify 100 laws that can be simply repealed. This initiative came at the back of the new government's undertaking to clean the statute books. The initiative identified laws that are completely out of touch with today's India, where almost everyone would agree that they do not belong, and where there are no complexities other than a simple repeal.

        The report of this project has a compact presentation of each of these laws, based on thorough research. This document is a hall of shame of the 100 laws that have no reason to exist. Once there is consensus about this work, a simple `Repeal of 100 Laws Act' can be drafted which eliminates these 100 laws.

        In the past few weeks, the government has built momentum towards fulfilling its promise of repealing dated enactments -- however, these have focussed largely on low-impact house keeping repeals. This is no doubt crucial. The 100 Laws Project however, goes a step beyond -- it has assembled a package of both low impact repeal recommendations (40 of which have been included by the 20th Law Commission as part of its Legal Enactments Simplification and Streamlining project/248th Report), as well as gathered evidence to recommend repeal of high-impact laws that materially affect business climate and government effectiveness.

        Achieving a modern and capable State in India undoubtedly requires more work. There are surely more than 100 laws which merit simple repeal. There are thousands of laws, which can be removed through more complex drafting projects. Most important of all is the constructive agenda, of drafting high-quality laws which create an accountable government with clarity of objectives. However, in that larger journey, this project is a useful and immediate building block.

        A team of experts sifted through the landscape and chose 100 laws that are ripe for repeal. Let's look at the distribution of the date of these laws:

        Distribution of the date of the 100 laws

        We see a bimodal distribution with one hump at old British laws and another reflecting the period of India's socialism. The vertical lines focus us on the socialist period, 1955-1980, and the red line is the year of the Emergency, 1976. This gives us insights into the time periods which produced laws that obviously merit repeal, and may help increase the productivity of future projects which sift through laws.

        World War 2 does not show up as a bump in this graph. Perhaps what is going on here is that the restrictions which were introduced here, such as capital controls, ossified into complex systems of socialist control, and resist simple repeals.

        Reinvigorating the legislative process


        In the past, the drafting of laws was dominated by the executive. As an example, the Ministry of Rural Development drafted the National Rural Employment Guarantee Act, 2005. The founding team of SEBI drafted the SEBI Act, and RBI staff have repeatedly had a role in drafting amendments to the RBI Act. This method of drafting generates a bias in favour of sweeping powers and low accountability.

        For the health of the Republic, it is important to have independent voices involved in drafting and critiquing laws, and to create public debate on the substance and impact of new and old laws. In recent years, we are starting to see the evolution of think tanks away from traditional economic policy analysis towards a greater understanding of, and an involvement in, the legislative process. Examples of these organisations include Centre for Policy Research, Parliamentary Research Service, Centre for Civil Society, Vidhi Centre for Legal Research, Indira Gandhi Institute for Development Research and NIPFP. An array of independent writing now dissects laws and regulations, and creates resistance against badly drafted laws. This is an important and welcome new phase in the policy process in India -- in the maturation of the Republic -- one we think should be received with enthusiasm by the new government.

        Tuesday, September 30, 2014

        4 task forces setup by MOF to build institutional capabilities for FSLRC

        FSLRC's institutional architecture


        The draft Indian Financial Code (IFC) envisages seven financial agencies outside the Ministry of Finance:

        1. Financial Sector Appellate Tribunal (FSAT): An improved version of the existing Securities Appellate Tribunal which will hear appeals all across the financial system.
        2. Public Debt Management Agency (PDMA): The investment banker for the government.
        3. Financial Redress Agency (FRA): The one-stop shop where any individual goes to raise a complaint about a financial service provider, where the difficulty was first raised with the financial service provider but not satisfactorily resolved according to the consumer.
        4. Resolution Corporation (RC): A specialised organisation that will handle distress in certain kinds of financial firms.
        5. Financial Stability and Development Council (FSDC): Systemic risk, coordination, development. This contains a database named Financial Database Management Centre (FDMC), which is the one-stop shop where all financial service providers electronically submit all the data that they have to give to financial agencies.
        6. Unified Financial Authority (UFA): Consumer protection and micro-prudential regulation for all finance other than banking and payments.
        7. Reserve Bank of India (RBI): Monetary policy, and consumer protection and micro-prudential regulation for banking and payments.

        Shifting to this financial regulatory architecture will (a) Close the gaps, of the things that are at present not being done; (b) Improve economies of scale and economies of scope for the economy and for these agencies, and (c) Sharpen accountability by clarifying objectives. This reorganisation addresses the problems that derive from the arbitrary choices embedded in the system that we have inherited.

        It is one thing to design a clean financial regulatory architecture. The next challenge lies in implementing it. Let's think through what's required for all the 7+1 agencies.

        1. FSAT builds on the best tribunal in India today, SAT, and will become a high quality court.  It has to plan for the much higher case load that will come to FSAT under the IFC when compared with the present arrangements with SAT.
        2. PDMA is a capability which is absent today. Subsets of the work that PDMA has to do are to be found within RBI and MOF but the full task is not being performed in India today.
        3. FRA: at present, there are multiple ombudsman systems running in RBI, SEBI, IRDA, etc. FRA brings these together under one roof, with a high quality IT system.
        4. RC: Is a new capability which does not exist in India today.
        5. FSDC: Is an enlargement of the existing FSDC, which gets shifted out of the Ministry of Finance. FDMC has to be built.
        6. UFA: In terms of the areas covered, it is a merger of SEBI, PFRDA, IRDA, FMC and some things which are presently in RBI. In terms of the work being done, it is different from what these agencies do today.
        7. RBI: In terms of the areas covered, banking and payments and monetary policy are in RBI, but these things are done in different ways under the IFC.
        8. MoF: The IFC has important implications for MoF which has to think and work in new ways. Many people have not noticed the big changes that flow from the IFC for MoF.

        The key bottleneck in India: State capacity


        Once Parliament enacts a law, this has to be enforced, either by an agency (e.g. RC) or by the main line structures of government qua government (e.g. MoF).  We in India have a long history of under-performance in the enforcement of laws.

        This is partly grounded in badly drafted laws, which lack accountability mechanisms, lack clarity of purpose (which reduces accountability) and embed extreme executive power and discretion (which reduces accountability). The underperformance of RBI or SEBI is partly the consequence of drafting problems of the RBI Act and the SEBI Act.

        But the underperformance is also grounded in bad public administration. A lot of new work is required in public administration, so as to obtain good quality execution. Alongside bad laws, bad execution is an equally important source of underperformance. This takes us to questions like organisation diagrams, HR policy, process manuals, reporting, internal IT systems, etc.

        In developed countries, there is rapid execution in the implementation of new laws. E.g. the UK was extremely impressive in their translation of their new law for resolution of financial firms into State capacity for enforcement. In India, the experience has been that it takes a long time to implement, and particularly to implement well.

        It will take some time for the IFC to get enacted. Recognising the bottlenecks of State capacity, we should worry about the delays, and about the quality of the execution, in living by the IFC once it is enacted.

        Building institutional machinery ahead of time


        Reflecting these concerns, there is a long tradition in India, of building institutional capacity before a law is enacted. Here are a few examples:

        • SEBI was created by executive order in 1988, and the law came in 1992.
        • PFRDA and NPS were constructed 2003-2005, while the PFRDA Act was enacted in 2013. 
        • NSE started building Nifty and the real-time risk management system for derivatives trading at NSCC in 1995, while cash settled derivatives only became enforceable in 1999.
        • Work on building the depository began inside NSE in 1995, before the legal foundations for dematerialised settlement fell into place in 1996.
        • Work on the IT systems for the Goods and Services Tax (GST) began at NSDL in 2011, and the GST has not yet been enacted.

        These are just a few examples that I have been around; there are many other episodes of this nature. The general principle is: Once the direction of future legislation is clear, project planning for enforcement of the law commences. Hence, once the budget speech of 2014 has established the legislative direction on the IFC, we should now build the institutional machinery through which the IFC would be enforced.

        The MOF announcement today


        Today, the Ministry of Finance has announced `Task forces' to build four components of the institutional machinery of the IFC. They are:

        1. Financial Sector Appellate Tribunal (FSAT). Chairman: N. K. Sodhi.
        2. Public Debt Management Authority (PDMA). Chairman: Dhirendra Swarup.
        3. Resolution Corporation (RC). Chairman: M. Damodaran.
        4. Financial Data Management Centre (FDMC). Chairman: Subir Gokarn.

        The press releases are : overall, FSAT, PDMA, RC, FDMC.

        The task forces are implementation teams which start from the design which is in the text of the IFC, and build the institutions that will implement the IFC. The output of the task forces will be working institutions. Other than the RC, the remaining projects are primarily about building complex IT systems.

        With these four in motion, there is only one completely new component of the FSLRC institutional architecture where there is no progress, the Financial Redress Agency (FRA).

        Twiddle your thumbs?


        SEBI had to twiddle its thumbs from 1988 to 1992 as they had no powers in the absence of the law. NSE built the institutional capability to trade equity derivatives by 1998 and had to twiddle its thumbs till the politics worked out. All situations where institutional infrastructure comes up ahead of time have that tension within, of a race between the legislative process and the State capacity building project. The work of the four task forces that have begun has an array of possibilities, ranging from immediate impact to twiddle-your-thumbs:

        1. FSAT: If SAT voluntarily chose to use the new institutional capabilities built for the FSAT, then those could be valuable right away.
        2. PDMA: The new muscles of the PDMA could be of limited use to the Ministry of Finance in some ways that are compatible with the existing law.
        3. RC: The Resolution Corporation must twiddle its thumbs until the IFC is enacted.
        4. FDMC: Some or all of existing financial agencies could choose to voluntarily utilise the services of the FDMC, which will be a better IT-driven mechanism for submission of data from financial service providers to financial agencies.

        The new work on building State capacity could thus start giving gains for the economy even before the IFC is enacted.

        How we got here, and where we go next


        The first phase of Indian financial reform ran from the reform of the equity market (1992-2001) and till the setting up of the NPS (2003-2005). Important new institutional infrastructure was created in this period: SEBI, NSE, NSDL, CCIL, IRDA, PFRDA, the NPS. The key features of this first phase were: (a) Responding to immediate difficulties and (b) Thinking one sub-sector at a time. Some parts of Indian finance made enormous progress in this period, such as the equity market and the pension system.

        A long period of stagnation followed. This thought process shifted up from one sector at a time to thinking on a financial system scale, looking at the requirements of the economy even without the immediate impetus of a scandal. This started with the Percy Mistry report of 2007, and led up to the IFC in 2013. The IFC is now the centre of Indian financial reform, and is coming about on three tracks: the legislation, the Handbook, and these four task forces.

        In many ways, these four projects are more complex than the new institutions of 1992-2005. The institution-building experiences of that period have many lessons, which have been incorporated into the construction and work procedure of the four task forces. E.g. the non-statutory SEBI drafted the SEBI Act, but now we understand that the Agent should not have a say in the contract between Principal and Agent. Similarly, the clarity of the four TORs of the task forces is not to be found in comparable documents from the 1992-2005 period. Institution building that period relied a lot on Level 3 thinking ("the great man theory"), whereas now there is an accent on formal processes that yield predictable outcomes.

        All this connects with the core question of bandwidth and State capacity. In the past, one crack team at a time would setup one new institution.  There are concerns about whether there is State capacity to implement the IFC, and there is reason to believe that State capacity in financial economic policy has improved substantially when compared with what was available 1992-2005. At the same time, the four task forces are a daunting challenge: doing four new institutions at the same time has never been done before.

        Saturday, September 27, 2014

        Hierarchy of thinking about politics and the state

        Level 0: Indifference


        "Politics: What's that? Gimme my beer."

        Level 1: Naivete


        "For every problem there is an equal and opposite NGO"

        or

        "Let's pick monetary policy by referendum"

        or

        "My favourite government program is the answer".

        Level 2: Cynicism


        "Politics is hopeless. Gimme my beer."

        Level 3: The Great Man Theory


        "If only Baba Hazare were the Commissioner of Police, torture by the police would come to an end".

        Level 4: Small steps


        "Civil servants should come to work on time"

        Level 5: Fundamental reform


        "Rewrite laws, redesign organisations, establish accountability".

        "Don't clean the streets. Fix the institutions that clean the streets".

        Friday, September 19, 2014

        User rights as a novel instrument for infrastructure financing

        by S. Ramann and Manish Kumar Singh.

        An issue on the front burner for the Government today is how to raise financing for the trillion dollars of infrastructure investment required in India. The banking system is facing significant stress, and cannot finance the second wave of investment in infrastructure as it did with the first wave from 2002 to 2012. In this discourse, so far, the main strategy that has been emphasised is the development of the corporate bond market, which includes setting up trading infrastructure, removing capital controls, removing taxation of non-residents, removing barriers against currency derivatives, etc.

        We would like to propose one additional element that could help infrastructure financing. We go back to infrastructure financing in the US in late 19th century, where future consumers of train trips became investors in railroad projects. This was done using a form of adebt instrument called User Rights (UR). In a recent paper, User right as a mezzanine capital investment: Innovations in infrastructure debt financing, we analyse this approach to infrastructure financing. In modern terminology, this is crowd-funding for infrastructure from potential consumers. The key insight is to harness users as financiers with a high yield, tradable debt instrument. For a price paid at the time of financing the project, the UR entitles the holder to a rebate on user charges for that project.

        As one example, in the paper we analyse a UR that offers a 45\% rebate on fares for one-way journeys on Mumbai Metro Phase I, Line I, for a period of 30 years from the commencement of its operation.

        Benefits to UR holders

        The UR gives the holder the right to receive a fixed rebate for a fixed period of time when using a well-identified infrastructure facility. What is the fair value of such a right? The price is calculated as the Net Present Value (NPV) of the future stream of rebates. The discount factor would include a risk tolerance parameter based on the probability that the facility will become operational and on the probability distribution of the future price of the facility.

        We calculate that it is possible to design a Mumbai Metro UR, priced at Rs.13,978, which gives a saving for the user that starts at Rs.1,381 in the first year, and steadily increases up to Rs.2,825 in the final year. The implied rate of return works out to 10.5 percent, which is higher than the return from investment in tax free PSU bonds at 8.7 percent. The tax free status is not mandated by the government: since no interest is paid to UR holders, there is no tax. The gain is solely from savings on ticket cost.

        Since the UR holder is entitled to a rebate, the UR becomes like an insurance contract for the UR holder compared to non-UR holders who use the operational facility. In the paper, we demonstrate other situtations under which the URs can be used strategically to better manage the risk of future increases in the ticket price. The more the final price varies from the scheduled increase in ticket price, the larger is the benefit received by the holder of user rights.

        Benefits to issuers

        We use a simulation to estimate savings to the project by financing using URs. The simulation is calibrated using the financial information of other metro projects in India. The simulation shows that when the project collects money against sale of user rights at the start of the construction period, the saving in interest payments is high enough to improve project viability. In the Reliance Metro example, substituting a part of debt (which is loans at 11.25 percent) by the issue of user rights, improves the NPV by about 9 percent. The cost of servicing user rights is postponed to the revenue generating phase thereby reducing the required working capital.

        Wider economic benefits of URs

        Infrastructure financing through URs also has many other economic advantages:

        • Higher standardisation and simplicity - Unlike loans and bonds, URs are standardised and comprehensible, and lend themselves to be traded at exchanges. Easy entry and exit can facilitate wider investor interest, leading to a more heterogeneous participant base which can likely lead to more liquid markets compared to traditional bondsinstruments.

        • Better accountability - As UR-holders, consumers would have higher incentives to monitor infrastructure projects compared to traditional financial intermediaries. Consumers interests are better aligned with better monitoring of the project, which could impose better project governance, compared with banks and asset management companies who suffer from agency problems. Further, users as financiers to infrastructure projects may inject direct pressure on elected governments, and hold them to a higher standard of accountability on such projects.

        • Scalability across projects -- The UR as a financing instrument can span across any infrastructure project -- by the government, under a public-private partnership or even as a purely private initiative -- that produces a service that could be consumed by individuals. Examples include hospital services, community solar power plant or water and sewerage services. The degrees of assurance to the investing public may vary with the type of operator and arguably the degree of confidence in the operator.

        • Augment existing credit sources -- The government is hard pressed to turn to traditional sources of infrastructure financing in India. Commercial banks face high asset-liability mismatch from financing long term infrastructure projects. Bond-based financing is constrained by the lack of resolution when projects fail. Structural constraints of infrastructure projects lead to low ratings by credit rating agencies. This, in turn, poses a barrier for these new projects accessing debt financing from institutions with long term liabilities such as insurance and pension funds. Foreign currency denominated borrowing imposes forces additional mismatch of currency risk. URs avoid all these problems and could hence become one interesting component of infrastructure financing for some projects.

        Challenges and Concerns

        URs are of course not the panacea for all ills associated with infrastructure financing. Large initial investments, long gestation periods, unanticipated construction delays leading to incorrect projections, collection risk of payables and reneging of contracts are major risks in infrastructure projects. These factors also lead to higher uncertainty in assessing the discount rate used in the NPV calculation to price these instruments, and can lead to high price volatility. The advantage that URs have over the traditional credit instruments are that the risks are spread over a much larger audience, and that re-pricing of risk is transparent.

        A key concern would be on protecting the rights of the UR holders if the project were to fail, and the facility failed to materialise. One approach could be to invoke an insurance mechanism or debt reserve ratio to repay the principal amount of the investors. Such a mechanism would not come for free and would be incorporated into the cost of the project, which in turn would be borne by the URs holders. This might have marginal price impact if such costs are priced across millions of URs issued. Another alternative that we may visualise is for agencies such IIFCL or LIC to provide a guarantee as part of the UR. This could be financed from an independent source.

        Conclusion

        In a country that faces multiple challenges in raising capital to support an escalating infrastructure financing requirement, URs can be a useful and innovative debt instrument to tap new funds. URs raise capital based on legitimate expectations of urban residents for consuming infrastructure services. More importantly, it empowers the consumer as a stakeholder which could lead to better governance of long term public goods projects compared to the traditional financial intermediaries as their agents.