Displaying items by tag: India

India: Ajay Piramal, the Indian businessman and chairman of Piramal, has started talks with Lafarge India to buy its assets, according to sources quoted by the Economic Times. Speculation has followed Piramal since he sold his pharmaceuticals business for US$3.8bn in 2010. If completed, the move would mark a diversification from Piramal’s healthcare, financial services and information management businesses.

Piramal and Lafarge India separately declined to comment on the issue. Lafarge India is selling all of its assets in India including a cement production capacity of 11Mt/yr.

Small print can cause large consequences. Billion US Dollar consequences. Take the 2015 amendment to India’s Mines and Minerals (Development and Regulation) (MMDR) Act from 1957. Ambiguous wording in the legislation may have held up two prominent cement industry acquisitions in 2015. It also hangs over the recently announced purchase by UltraTech Cement of Jaiprakash Associates’ cement plants.

The MMDR was amended in January 2015. As the Times of India explained in mid-2015, a clause in the amendment said, “The transfer of mineral concessions shall be allowed only for concessions which are granted through auction.” However, it was unclear whether this meant historically allocated mines given via nominations or only newly allocated ones. Given the reliance of clinker plants on reliable mineral reserves this caused havoc. Cue confusion and large legal budgets.

LafargeHolcim’s divestment of two cement plants to Birla Corporation was one casualty. As a condition of the merger between Lafarge and Holcim the Competition Commission of India (CCI) required that the Jojobera and Sonadih cement plants in Eastern India be sold in 2015. Together the plants have a combined cement production capacity of 5.1Mt/yr. However the ambiguity over the 2015 MMDR Act clause on transfer of mining rights held the deal up. By February 2016 Birla Corporation had endured enough. It publicly complained about Lafarge India’s ‘inability’ to complete the deal and threatened legal action. LafargeHolcim retorted by asking the CCI if it could sell all of Lafarge India instead. It received the revised clearance and a new buyer is yet to be announced.

Another victim was UltraTech Cement in a previous attempt to buy Jaiprakash Associates’ cement assets. That time it was down to buy two integrated cement plants in Madhya Pradesh with a combined clinker production capacity of 5.2Mt/yr with associated mineral rights. The deal was agreed in December 2014 and then reported delayed in mid-2015. Finally, on 28 February 2016 the Bombay High Court rejected the deal, citing the MMDR Act as the prime cause.

Luckily for UltraTech Cement the story has a happy ending (so far) as it then announced that it was purchasing the majority of Jaiprakash Associates’ 22.4Mt/yr cement portfolio instead for US$2.4bn. It is hoped that the deal will be finalised by June 2017 but this partly depends on the MMDR Act being amended. Although UltraTech Cement have said they are looking at alternative routes to the deal in case the act isn’t amended.

Poor legal wording kiboshed at least two cement industry deals for over 10Mt/yr production capacity. Roughly, at the price UltraTech Cement is paying for its latest deal, that’s over US$1bn worth of Indian cement assets. Given the hard time the Indian cement industry had in 2015 the question should be asked regarding how much damage the MMDR Act amendment has done. One option for the beleaguered industry is to consolidate and cut its costs. This was massively delayed in 2015.

The proposed 2016 amendment to the MMDR Act reads as follows:

“Provided that where a mining lease has been granted otherwise than through auction and where mineral from such mining lease is being used for captive purpose, such mining lease will be permitted to be transferred subject to compliance with the terms and conditions as prescribed by the Central Government in this behalf.”

Let’s hope it does the trick this time.

India: Shailendra Chouksey, a director of JK Lakshmi Cement, has been appointed as the new president of the Cement Manufacturers' Association (CMA) for a two year term. He replaces OP Puranmalka, the managing director of Ultratech Cement. Previously Chouksey was the vice-president of the association.

"As the newly elected president of the CMA, my priority is to device methods to work with different stakeholders, including the government of India to spur the cement demand," said Chouksey.

Chouksey holds a PhD in managerial economics, an MBA in marketing from the Faculty of Management Studies, Delhi and a post-graduate degree in physics. He has worked in the cement industry for nearly 40 years.

India: The National Green Tribunal has issued notices to 13 cement companies on a petition alleging that they are violating its orders and environmental norms as well as the provisions of the Motor Vehicles Act, 1988, by causing air pollution. The petitioner, Neena Pradeep, has also accused the cement companies of overloading their trucks with cement and clinkers in order to save toll tax, according to the Hindu. Violations by Shree Cement and JK Cement were highlighted during the hearing. They have allegedly overloaded their trucks by 200 - 250%.

India: UltraTech Cement's US$2.5bn proposed acquisition of Jaiprakash Associates' cement plants is expected to be completed by June 2017, according to UltraTech Cement.

"We have to ink definitive agreements and get permission from the High Courts. This will take time. The firm expects the agreement to be finalised in the next 12 - 15 months. Expect it to consummate by June 2017," said UltraTech Cement Chief Financial Officer Atul Daga.

Daga added that UltraTech is also looking at alternative routes in case proposed amendments to the Mines and Minerals (Development and Regulation) (MMDR) Act do not happen. In February 2016 the government took views from public, states and industry on amending the MMDR Act to include provisions allowing transfer of captive mines granted through procedures other than auction.

The transfer of captive mining leases, granted other than through auction, would allow banks and financial institutions to liquidate assets where a company or its captive mining lease is mortgaged. The move will allow mergers and acquisitions in the Indian domestic market, especially in the cement sector, in which several deals are currently on hold.

UltraTech Cement signed a Memorandum of Understanding to buy Jaiprakash Associates’ cement plants in late February 2016. Altogether, the cement plants have a total cement production capacity of 22.4Mt/yr.

India: UltraTech Cement has signed a Memorandum of Understanding to buy Jaiprakash Associates’ cement plants, which have a total cement production capacity of 22.4Mt/yr. The deal includes both integrated cement plants and cement grinding plants. The plants are situated in Madhya Pradesh, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Andhra Pradesh and Karnataka.

The acquisition also includes a 4Mt/yr cement grinding plant being built in Uttar Pradesh. UltraTech will pay an additional US$68.7m for this plant once it is completed. The deal will increase UltraTech’s total cement production capacity to 90.7Mt/yr from 68.3Mt/yr. The transaction is subject to regulatory approval.

India: Emami Cement plan to build a 2Mt/yr cement grinding plant costing US$70m for commissioning by the end of 2016. The foundation stone for the plant in Panagarh, West Bengal was laid by Chief Minister Mamata Banerjee in Panagarh on 26 February 2016.

"The 2Mt/yr capacity unit is to be located at the West Bengal Industrial Development Corporation Panagarh Industrial Park in Burdwan district of West Bengal at an investment of US$70m," Emami Cement said in a statement.

Emami Group is currently also setting up a 4Mt/yr integrated cement plant at a cost of US$439m at Risda, Chhattisgarh. The project is expected to become operational soon. Raw material will be sourced from the company's captive limestone mines in Chhattisgarh. Emami is also considering building cement plants in Rajasthan and Andhra Pradesh.

India: Shree Cement has offered the highest bid in an auction for limestone deposits at Karhi Chandi, Baloda Bazar in Chhattisgarh. The site has estimated reserves of 155Mt of limestone in an 252 hectare area. Official confirmation from the state government that confirms Shree Cement as the winner of the auction is still awaited.

Local press reports that Shree Cement offered US$4/t for the deposit. The sale was the first non-coal mining lease auction by the state government. Shree Cement has plans to expand its cement plant at Raipur.

India: The Oriental Bank of Commerce has raised allegations of ‘mismanagement and siphoning of public money’ at Calcom Cement in a letter sent to its lenders, according to Business Line. The bank was quoting allegations made by Bawri Group.

Together Bawri Group and Dalmia Bharat Group run Calcom Cement, a 2.1Mt/yr cement plant in Assam, as a joint venture. Dalmia Bharat owns a 76% stake in Calcom through its subsidiary Dalmia Cement Bharat.

The letter, dated 14 January 2016, was addressed to Axis Bank, lead lender in a consortium of lenders to Calcom. It stated that, “affairs at CCIL (Calcom) are not being managed in a prudent manner and (there have been) several financial irregularities including fund diversion through circular transactions.” Axis Bank declined to comment on an individual account. Dalmia Bharat said it would not speak to the media, pending arbitration proceedings with the Bawri group.

Nepal: The Hetauda Cement plant has started producing cement again following the lifting of an unofficial fuel blockade by India. The plant was shut after it could not import coal from India in the autumn of 2016. Hetauda resumed production on 11 February 2016, according to the Katmandu Post. Factory officials say the plant lost US$0.9m during the enforced closure.