SNC Lavalin scandal

From Wikipedia, the free encyclopedia

This article or section contains too much jargon and may need simplification or further explanation.
Please discuss this issue on the talk page, and/or remove or explain jargon terms used in the article. Editing help is available.
This article has been tagged since December 2007.

SNC-Lavalin power scandal is one of the biggest financial scams that rocked Kerala, India. ^[1] The Comptroller and Auditor General of India ^[2]report indicted a CPI(M)-led government of the mid-1990s for a Rs 374.50 crore loss to the exchequer.^[3]

Three hydel power stations had to be upgraded, tenders were invited and was finalised to an Indian consortium and a Canadian MNC. The foreign company quoted Rs 2.42 crore per MW, the Indian consortium – BHEL and L&T – sought Rs 1.25 per MW. The contract went to the higher bidder, contrary to normal practice.

[edit] The history

The Kerala State Electricity Board (KSEB) signed an MoU with SNC-Lavalin in August 1995. Under the provisions of the MoU, the funds for the renovation were to be arranged by SNC Lavalin from the Export Development Corporation (EDC), Canada, and the Canadian International Development Agency (CIDA). The Board did so, ignoring the CEA's recommendation that immediate replacement of the generating units at the Pallivasal power station was not called for as the plant was in fairly good condition. The Board undertook a feasibility study on the proposal only in September 1995, by a retired Chief Engineer of the KSEB, who later became a consultant to Lavalin.

Based on the consultant's report and further discussions, the Board signed contracts with Lavalin to provide technical services for management, engineering, procurement and construction supervision in February 1996, to ensure completion of the projects within three years. The consultancy agreements were converted into fixed price contracts for supply of machinery and techincial services as part of the renovation at a cost of 67.94M Canadian dollars (Rs.169.03 crores) in February 1997. During this period Pinarai Vijayan was the Minister for Electricity.

The CAG has found that Lavalin was only a consultant intermediary and not the original equipment manufacturer and that the supply of goods and services was made by other firms at much higher cost leading to excess expenditure. According to the CAG, the absence of due professional care in negotiating the foreign loan proved to be detrimental to the financial interests of the Board. The Board also could not ensure quality of renovation work in the absence of technology transfer and training of its engineers. Owing to various technical defects in the equipment, the generation of power could not be maintained even at the pre-renovation level and the Board had to spend on repairs.

According to the CAG, failure to exclude fee for technical consultancy from fixed price contracts resulted in avoidable payment of Rs.20.31 crores, and failure to negotiate and exclude the exposure fee from the loan agreement resulted in avoidable payment of Rs.9.48 crores and future liability of Rs.2.21 crores. In the opinion of the CAG, there was also an avoidable payment of Rs.1.20 crores as commitment fee despite there being committed but unavailed advance.

The CAG found that the Government did not receive Rs.89.32 crores out of the grant of Rs.98.30 crores that was promised for the Malabar Cancer Centre.

On 16th January 2007, Kerala High Court^[4] odrdered a CBI enquiry into the scandal.

On February 19, 2008, CBI informed High court of Kerala that the investigation was progressing and said that former Electricity Ministers Pinarayi Vijayan and G. Karthikeyan would be examined at the appropriate time. ^[5]