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Mismanagement of UTI's Flagship US-64 Scheme - Part II
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Reforms

There is a tussle between the Finance Ministry and the PMO over fixing the responsibility of the scam. The Prime minister denied on 1st August 2001 in Parliament that PMO had anything to do with the muddle. The government and the opposition would do better if they stop passing the buck and apportion the blame at this stage. They must rise above petty politics and collectively suggest reforms in UTI. Lessons must be learnt and the political leadership should enable the implementation of the learnt lessons to arrest the future crisis. If the lack of confidence spreads to public sector banks, which is already saddled with large non-performing assets, it would be catastrophic for the country. Reforms in finance sector should not be delayed any further.

In stead of talking about privatizing our financial institutions, there must be a broad political agreement on how best our public financial institutions (UTI, LIC, GIC etc) ought to be handled both in normal and exceptional times. Currently, the government has ordered the public sector banks to come to the rescue of UTI. Although the public financial institutions are statutory bodies with autonomy, there must be a monitoring mechanism to avoid any recurrence of such scams/exceptional situations. The political interference in decision-making will make the autonomy a farce and meaningless. Politicization of high level appointments in public sector companies must be addressed immediately and the appointments must be made more transparent. An amendment in the Act of UTI and other financial institutions must be brought to deal with the political interference. The political interference should attract strict punishments.

Deepak Parek's report must be earnestly implemented to regulate the procedures related to investments, disinvestments and redemption. The UTI exposure in stock market should not be more than 40% of its investments. The stock exchanges must be freed from the stranglehold of brokers. Nominal transaction tax must be imposed on all stock exchange transactions. SEBI (Stock Exchange Bureau of India) procedures must be made transparent and its reports made public. It should be revamped completely to assume a greater role as a regulatory agency to tackle the role of mischievous brokers. The US-64 scheme must be made a balanced scheme by reorienting it as a debt instrument also to a certain extent.

Enquiry

In order to find out whether there was a systemic failure due to the error of judgement or dereliction of duty and deliberate brokerage that led to the scam in UTI's US-64 scheme, a CBI enquiry was ordered. Apart from the CBI probe, a 3-member panel was constituted to carry out an independent enquiry. The members of this panel include a former RBI governor and a former CBI director. The opposition party, Congress has welcomes this enquiry. This panel would enquire 10 years of UTI actions. Similar panels must be set up to investigate the actions of the other financial institutions such as LIC, GIC etc.

The 30-member Joint Parliamentary Committee (JPC) headed by Mr Prakash Mani Tripathi which is already probing the post-budget stock market shenanigans will now extend its reach to examine UTI affair in its entirety. The JPC would meet during the inter-session period and is expected to go full steam ahead after the monsoon session. JPC has already issued notices to the UTI for taking evidence on August 28, 2001. JPC must be enabled to summon officials from PMO, Finance Ministry and UTI. The JPC is expected to give a path-breaking blue print for official policy on core economic governance issues. If parliamentary debates are any indications, they are not encouraging signals. They have only created confusion and fear in public.

Those who deliberately erred with malafide intentions must be brought to the book and punished. It is hoped that more disclosures by the CBI probe, report from the independent enquiry panel and JPC would ensure the strict monitoring of public financial institutions including UTI.

Way Forward

Although there is some concern on the suspected murky deals in US-64 scheme, this author also believes as expressed in certain sections of the Press that UTI is at the receiving end of extraordinarily bad publicity. The government itself has worsened the matter. It is the association of the government that will see UTI through rather than the government's attitude to try and fix the responsibility in a hurry to wash off its hands. Restructuring and corporatization of UTI as well as holistic integrated approach to entire public sector financial institutions is the need of the hour.

It is heartening that in spite of the confusions created by our politicians, there have been no large-scale redemption requests by unit holders. UTI should not shy away from earning super profits by cautious and judicious investment in stock market. Caution and transparency must be the twin "mantras" for successful functioning. UTI has to regain the eroded investors' confidence in a far more comprehensive way and embark on tough and painful process of re-structuring. The government by its word and deed should reinforce the confidence in the financial sector. The public need not get panic and it is the moral responsibility of the central government to rescue the UTI and other public financial institutions in order to protect the interest of investors in these financial institutions.

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