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Vol. 19 :: No. 40
THE NATIONAL NEWSMAGAZINE
April 21 - April 27 ,
2000.

AIRCRAFT LEASING


Bone Of Contention

Mud-slinging at each other in public, Tourism Ministry and the national flag carrier expose no love lost between them     

BY NAVIN SINGH KHADKA

Washing dirty linen in public. This is what exactly Ministry of Tourism and Civil Aviation and Royal Nepal Airlines Corporation were engaged in till earlier this week. 

With the three month extended lease period of the Boeing of China South West Airlines as the bone of contention, the national flag carrier and its line ministry have even resorted to media-war.

One day after the MoTCA called a press conference last week warning that it would make necessary investigation on what it called RNAC's indifference toward government's instruction to lease aircraft, the national airline offered a lengthy explanation in the dailies.

Tarini Dutta Chataut, Minister for Tourism and Civil Aviation, in the press meet cried foul on RNAC's move to extend the lease period of the Boeing 757 of CSWA. The recently appointed minister charged the state-owned airline of ignoring the government's instruction to lease aircraft only under global tender process.

"We have the compulsion to use the aircraft with the extended lease period since RNAC badly needs an aircraft, but we will investigate why did the corporation not lease aircraft according to the guidelines set by the Ministry."

MoTCA, in line with the suggestion of the Commission of Investigation of Abuse of Authority, had asked RNAC to go for global tender from the prequalified suppliers of aircraft issuing a 35-day notice. "The idea is to maintain transparency since RNAC's aircraft leasing has always drawn criticism."

In line with the same official instruction, RNAC did call for a global tender in February seeking to lease a Boeing 767 300 ER last year. Since no qualified company, according to RNAC managers, responded to the tender in the first notice, the state airline repeated the same tender notice, this time deadline to respond was seven days.

With no company having responded to the tender call, RNAC called a new global tender on March 12 last month. The new tender notice required the aircraft to be not more than 10 years old. By the time it brought out the 35 -day notice, time was already running out for the national flag carrier since the contract was expiring on 27 March Boeing.

"Even if a qualified company applies in the tender bid, it will take at least three months for the aircraft to reach here," says Bharat Bahadur Karki, the relieved Executive Chairman of RNAC. "Because RNAC's international scheduled flights are based on three flights, we extended the lease term of the Boeing of CSWA."

Few days after he offered his explanation in dailies, Karki was called back to the ministry. As of writing this, Hari Bhakta Shrestha, Joint Secretary at the Ministry of Tourism and Civil Aviation, has been appointed the chairman of RNAC.       

In its explanation in the  newspapers, RNAC has countered the ministry's   charge that it (the corporation) cannot extend the lease period of the Boeing of CSWA. "Article 3.4 of the agreement signed between RNAC and CSWA stipulates the extension of the lease period. More over, the instructions issued by the ministry and CIAA also leaves enough legal scope for the national flag carrier to extend the lease period."

The national flag carrier has also cited the MoTCA's letter it received some two months back to press its point for its decision making process. "The official letter clearly cites that RNAC's Board of Directors has the authority to decide on the issues related to the leasing of aircraft and therefore the government should not issue any instruction on the matter."

RNAC's public explanation cites yet another letter issued by the MoTCA that reads: Since RNAC is an autonomous body, it should be able to tale necessary actions as instructed by the government to lease an aircraft.

Citing these letters, Karki argues that his move to extend the lease period of CSWA Boeing should not  have triggered any controversy. "I did call for the global tender thrice, but when we don't get the right response, what do I do?"

Ministry officials, however, do not subscribe to Karki's claim. "Why did RNAC bosses not begin the lease process six months ago?" asks Hari Bhakta Shrestha.

True, the question gives a pause. Karki was appointed the Chairman of RNAC last September while his office called for the global tender to lease an aircraft only in February -- one month before the leased aircraft of CSWA was flying back.

"RNAC should have its work plan at least one year in advance," asserts Shrestha.

When he was appointed chairman, Karki knew pretty well that the leased Boeing 757 of CSWA was flying back in March. So, why did he not take the action at the right time? Simple: It has been the tradition of the politically appointed RNAC bosses not to take the decision at the right time.

Almost all of RNAC's aircraft leasing decisions in the last five years have taken place at the eleventh hour -- meaning, few days before the expiry of the lease period. And each boss has had his own explanation for the delayed decision.

This is what Karki had to say: "After I took over RNAC office, there was the talk of lease purchasing a Boeing 767 300 ER. There were positive indications even from the Ministry. And that was the reason why we could not make the tender call earlier."

How credible were Karki and his predecessors' explanations may still become debatable. But one fact is enough to prove how serious politicians and bureaucrats have been to strengthen RNAC: More than four decades after it was established, RNAC is yet to have a rule to lease aircraft.

"There is virtually no legal provision in RNAC to lease an aircraft," said Karki. "The leasing deal that took place during my tenure was on the basis of RNAC's tradition."

Neither the RNAC Act 1962 nor the Financial Administration Regulation 1985, has any provision about aircraft leasing. Yet, the national airline has already spent a whopping 50 million US Dollars in aircraft leasing in the last five years.              

But, more interesting than that is this: MoTCA and RNAC -- the line ministry and the corporation under it -- had to resort to media to mud-sling  at each other. As if they could not settle down the matter sensibly.  


Restructuring Of The Cabinet

King Birendra has, upon the recommendation of Prime Minister Girija Prasad Koirala, has reshuffled the month-old cabinet on Tuesday as follows:

G. P. Koirala Prime Minister Royal Palace, Defence, Women, Children and Social Welfare, Labor and Transport Management, General Administration Ministers

Khum Bahadur Khadka-- Water Resources, Physical Planning and Works
Mahantha Thakur-- Law, Justice and Parliamentary Affairs
Ram Krishna Tamrakar-- Industry, Commerce and Supplies
Tarini Dutta Chataut-- Culture, Tourism and Civil Aviation
Amod Prasad Upadhyay-- Education and Sports

Ministers of State
Baldev Sharma Majgaiya-- Agriculture and Cooperatives
Mrs. Kamala Pant-- Women, Children and Social Welfare
Narendra Bikram Nemwang-- Industry, Commerce and Supplies
Dilendra Prasad Badu-- Education and Sports
Surendra Hamal-- Labor and Transport Management.

All the other ministers and their portfolio remain same as designated on March 21.

King Birendra has also approved the HMG Work Allocation Regulation, 2057. Accordingly, the number of Ministries have been reduced to 21 (besides the Cabinet Secretariat and Prime Ministerís Office) from existing 26 as follows:

1. Ministry of Finance 2. Home 3.  Industry, Commerce and Supplies 4. Law, Justice and Parliamentary Affairs 5. Agriculture and Cooperatives 6. Population and Environment 7. Water Resources 8. Foreign 9. Land Reforms and Management 10. Physical Planning and Works 11. Women, Children and Social Welfare 12. Defence 13. Forest and Soil Conservation 14. Science and Technology 15. Education and Sports 16. Labor and Transport Management 17. General Administration 18. Information and Communications 19. Culture, Tourism and Civil Aviation 20.  Local Development, and 21. Health


Coverstory | Lawyers' Conference Debate over Security | Obituary Interview | Carpet Industry
Aircraft Leasing
| SLC Exams | Human Rights Report | Editor's Note | Letters | Book Review 
News Notes | Forum | Briefs | The Bottomline  | Quote Unquote | Off The Record
Main 


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