EASE OF DOING BUSINESS - ACHIEVEMENTS OVER THE PAST TWO YEARS

India’s rank in the Doing Business Report 2015 was 142 among 189 countries which improved to 130 in the Doing Business Report, 2016. Government of India has emphasized on the importance of ‘Ease of Doing Business’ and it is a major pillar of ‘Make in India’ initiative. It is working extensively on improving India’s rank in the World Bank Group's Doing Business Study.

HIGHLIGHTS

• Requirement of minimum paid up capital and common seal under the Companies Act 2013 done away with.

• Registration for Permanent Account Number (PAN), Tax Deduction Account Number (TAN), EPFO (Employees' Provident Fund Organization) and ESIC (Employee's State Insurance Corporation) and incorporation of company can be done through a single form on eBiz portal.

• Time taken for obtaining PAN and TAN on eBiz portal has been brought down to T+1 days.

• Provision for applying for company name and Director Identification Number (DIN) at the time of incorporation with single Form-INC29 has been made.

• Online and real time registration of ESIC and EPFO has been introduced.

• Provision for online payment of EPFO and ESIC contributions has been introduced.

• Requirement of bank account for registration with EPFO and ESIC has been eliminated.

• Central Registry Rules have been amended to record security interests of all types of property.

• Number of documents required for imports and exports have been reduced to three.

• Physical submission of documents for export and import is not required. They can be submitted electronically by using digital signatures.

• Custom ICEGATE Portal has been integrated with Food Safety and Standards Authority of India (FSSAI), Animal and Plant Quarantine, Drug Controller and Wildlife Control Bureau for imports.

• Shram Suvidha Portal has been launched to facilitate risk based Inspections, submission of common electronic returns under 8 Labour Acts and issue of Labour Identification Number.

• Insolvency and Bankruptcy Code with provision of easy and faster exit, has been passed by the Parliament.

Central Government is working conjointly with State Governments of Maharashtra and Delhi, to bring India within top 50 ranks.

ACHIEVEMENTS IN DELHI AND MUMBAI

DELHI

• Unified building Bye-laws have been notified.

• Online registration of Value Added Tax (VAT) with real-time Tax Identification Number (TIN) allotment has been introduced.

• Delhi VAT Sewa App has been developed whereby permanent business registration is done without need for field verification by VAT inspector. This step has eliminated instances of corruption and irregularities during field verification.

• Commercial divisions and appellate divisions in Delhi High Court have been established.

• Municipal Corporations have introduced fast track approval system for building permits with features such as:

• Common application form

• Use of digital signature for filing application and issue of permits

• Online transfer of application and receipt of NOC

• Online system has been integrated with Airport Authority of India (AAI), Delhi Urban Arts Commission (DUAC), Delhi Metro Rail Corporation (DMRC) & National Monument Authority (NMA).

MUMBAI

• Requirement of inspection has been removed to make registration of Shops and Establishments real-time.

• Commercial divisions and appellate divisions have been established in Bombay High Court.

• VAT and Profession tax registration has been integrated into a single process.

• Municipal Corporation of Greater Mumbai has introduced fast track approval system for building permits with features such as:

• Common application form

• Online transfer of application and receipt of NOC

• Online system has been integrated with AAI & NMA.

The doing Business Report ranks a country on 10 parameters. Reforms under each of these are as follows:

STARTING A BUSINESS

• Registration with ESIC and EPFO has been made real-time by eliminating all physical touch-points. The requirement of opening a bank account has been removed as a mandatory condition for registration with ESIC and EPFO. The system of issuing PAN and TAN has been put in place together within T+1 days on an application using digital signatures on the ebiz platform. PAN and TAN numbers can be issued on CBDT’s portal within T+3 days without digital signature. Maharashtra state has combined the process of registration with VAT and profession tax. The registration will now be granted in 24 hours and the same has been adopted by Delhi VAT.

• Form INC 29 has been launched by Ministry of Corporate Affairs to avail 3 pre-registration services viz. ‘Name Availability’, ‘Director Identification Number’ and ‘incorporation of company’ with one form and one payment.

CONSTRUCTION PERMITS

• Municipal Corporation of Greater Mumbai (MCGM) has completed the process of single window approval by integrating with internal departments as well as, AAI and NMA through a common application form. NoCs from Maharashtra Industrial Development Corporation (MIDC), Director of Industries, Collector and Maharashtra Housing and Area Development Authority (MHADA) have been eliminated. It has also introduced digital signing of building permit application, as well as sanctioned maps, thereby eliminating need of physical submission of documents. The manual application for grant of construction permits has been discontinued.

• Municipal Corporations of Delhi has completed the process of single window approval by integrating with internal departments as well as DMRC, Delhi Fire Services, DUAC, AAI and NMA through a common application form. NOC from Labour Department of Delhi Government is not required if no manufacturing activity is undertaken in the building. It has also introduced digital signing of building permit application, as well as sanctioned maps, thereby eliminating the need of physical submission of documents.

Manual submission of application for grant of construction permits has been done away with. Ministry of Urban Development and Delhi Development Authority (DDA) have notified the Unified Bye-laws. Colour coded maps have been developed by AAI, NMA, DUAC and DMRC to enable applicants to determine whether NOC is required for the land for which permission is applied for.

GETTING ELECTRICITY

• Maharashtra and Delhi have implemented the lump-sum charges for electric connection thereby removing the need of an estimate and an inspection for the same. They have also made online application for connections above 100KVA mandatory.  

• Delhi Electricity Regulatory Commission has revised the application format of Delhi Electric Supply Code and Performance Standards Regulations, 2007 for faster release of electricity connection. The distribution licensees have been directed to process applications in the revised format along with the declaration form.

Following are the two documents required for getting electricity connection.

1. Identity proof

2. Proof of ownership/occupancy of premises

TRADING ACROSS BORDERS

• Central Board of Excise and Customs(CBEC) has implemented Single Window Interface for Facilitating Trade (SWIFT) (online single window for clearance of goods) on the ICEGATE portal by integrating FSSAI, Animal Quarantine, Plant Quarantine, Drug Controller and Wildlife Control Bureau for imports.

• Customer risk management system has been extended to other regulatory agencies to ensure risk- based inspections.

• Limit on the number of consignments released under direct delivery has been removed by Ministry of Shipping thereby facilitating prompt delivery of goods.

• Terminal handling receipts have been eliminated from Jawaharlal Nehru Port Container Terminal which cuts down the time taken for the containers at the port.

• Filing of import and export declarations and manifests has been made online with digital signature.

• An electronic messaging system between Shipping lines and custodians for electronic delivery order has been introduced.

• Customs Clearance Facilitation Committee has been set up at every major customs seaport and airport at Central level.

• The system of physical control and locking of public and private warehouses by Customs is dispensed and it is replaced with record based controls.

• 24X7 customs clearance facilities and documents required for export and import has been reduced to three.

ENFORCING CONTRACTS

• The Arbitration and Conciliation Act has been amended to reduce the time taken in arbitration proceedings and grounds on which an award may be challenged. Commercial Appellate Division Bench and Commercial Division Benches are functioning in Bombay High Court and Delhi High Court.

DIGITIZATION PROCESS FOR REGISTERING PROPERTY

• In Delhi, all sub-registrar offices have been digitized and sub-registrar’s records have been integrated with the Land Records Department.

• In Maharashtra, all property tax records have been digitized.

STATE LEVEL REGULATORY REFORMS

• A 98 point Action Plan for State business reforms was prepared in December, 2014. The Action Plan was implemented by the States/Union Territories by 30th June, 2015.

An assessment of implementation of these reforms was carried out by DIPP and published on 14th September, 2015. The assessment included ranking States on the level of implementation of the 98 point Action Plan.

• A similar exercise has been undertaken for the year 2016. A 340 point Action Plan has been prepared for implementation by the State Governments after detailed stakeholder consultation. State Governments have been requested to complete these reforms by 31st March, 2016.

• An online Dashboard for status update by the State Governments on the Action Plan and real-time ranking of States will be launched on 1st April, 2016. State Governments shall be able to upload evidence of completion of each action point. On validation of the same by DIPP, the rank of the State shall be updated accordingly.

• In majority of states online filing and payment of Value Added Tax and Central Sales Tax have been implemented. Many states have eliminated pre-registration VAT inspections and replace them with post- registration advisory visits.

• A number of states have implemented Common Application Form and established dedicated single windows, backed by legislation or state notifications to establish and empower them. Clear timelines has been laid down for processing applications related to construction permits which will help investors to plan their construction effectively.  

• Some states have allowed for self-certification under the Minimum Wages Act, 1948, the Shops and Establishment Act and Payment of Wages Act, 1936.

• A few states and UTs issue factory licenses with a validity of 5 years or more. Under environmental procedures some states have exempted green industries from Pollution Control Board clearance prior to business startup.