Wednesday, March 11, 2020

Who is accountable for PSUs' conduct

The government of India has been the greatest value destroyer for the investors in Indian Equities. The Nifty PSE index, comprising most listed PSU stocks, now trades at the same level as it was in 2006, implying no return for 13yrs, if we consider point to point investment period.
The CPSE ETF comprising top 22 Central government undertaking stocks, launched in 2014 is giving negative return to its investors.
Many large Public Sector companies are now trading at multi year low prices, adjusted for all dividends and other corporate actions.
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The government of India therefore has legal and moral duty to explain to the investors, why it should continue to manage these businesses. They have obviously not managed these great businesses like MTNL BEL, Coal India, etc well and destroyed huge wealth for the nation as a whole and individual investors as well.
The Supreme Court may like to examine, whether the government should be permitted in the first place to raise equity from investors through sale of minority stakes, given that the Constitution of India requires the government to be "Socialist" and not indulge in profit making at the people's expense. Or at least it must consider extending the provisions of the Companies Act relating to oppression of minority shareholders and mismanagement to the listed government companies.
The market regulator must consider bringing the concerned ministers and bureaucrats from the respective operating ministries and departments within the regulatory framework for disclosures and investors protection.
In an unrelated but important matter, the finance minister publically admitted that the RBI and the government were aware of the mismanagement and impropriety issues at Yes Bank since at least 2017. Considering that Yes Bank is a constituent of Nifty and Bank Nifty indices. The National Pension Scheme (NPS) is permitted to make equity investment only in ETFs based on benchmark indices. This means the government deliberately let the money of the subscribers to NPS (mostly government employees and small poor investors) to be invested in Yes Bank at a price of over 300, despite knowing that it is a bad bank. This is a blatant breach of trust, which needs to be investigated and punished.
If the government wants to build clean, accountable and strong corporate and financial systems, it will have to begin the work from itself and show the path to others. The other way round has never worked; it never will.

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