2019.02.04 Implementation Guide 2019
2019.02.04 Implementation Guide 2019
Table of Contents
Part I: Introduction..................................................................................... 1
Part II: Points to note on submission of evidence ........................................ 3
Part III: Implementation Guide .................................................................. 4
1. Access to Information and Transparency Enablers .............................................. 4
Information Wizard ............................................................................................... 4
Investor Facilitation Center .................................................................................. 5
Timelines for Approvals/ Registrations/ Licenses/ Renewals ............................. 6
2. Single Window System .......................................................................................... 7
Online Single Window System .............................................................................. 7
Pre-establishment Approvals/ Pre-operation Approvals /Renewals ................... 9
Incentives under Single Window ........................................................................ 10
3. Land administration and Transfer of Land and Property .................................. 12
Maintenance of land records ............................................................................... 12
Property Registration - Online systems .............................................................. 16
Mutation of land records ..................................................................................... 18
4. Land availability and allotment........................................................................... 19
Availability of Land and infrastructure ............................................................... 19
Land Allotment .................................................................................................... 20
5. Environment Registration Enablers ................................................................... 22
Consent to Establish /Consent to Operate [under The Water (Prevention and
Control of Pollution) Act, 1974 and The Air (Prevention and Control of Pollution)
Act, 1981] ............................................................................................................. 22
Authorization under the Hazardous and Other Wastes (Management and
Transboundary Movement) Rules, 2016 ............................................................ 23
Environmental Registration Enablers ................................................................ 25
6. Construction Permit Enablers ............................................................................. 27
Uniform Building Code ....................................................................................... 27
Master Plans ........................................................................................................ 28
Construction Permit Approval ............................................................................ 29
Inspection by Building Proposal Office/ relevant agency as part of Building Plan
Approval Process, Plinth Level Inspection and obtaining completion/ occupancy
certificate ............................................................................................................. 33
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Department for Promotion of Industry and Internal Trade
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Department for Promotion of Industry and Internal Trade
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Department for Promotion of Industry and Internal Trade
Part I: Introduction
Department for Promotion of Industry and Internal Trade (DPIIT) has spearheaded a
dynamic national level exercise that commenced in 2014 to rank all the States/UTs in the
country on the reforms undertaken by them on designated parameters. The aim of this
exercise is to create conducive business environment by streamlining regulatory
structures and creating an investor-friendly business climate by cutting down red tape.
India being a federally structured nation, States/UTs play a vital role in promoting
investor confidence. The process of assessing State level reforms has been a journey of
evolution as the process has matured with the passage of time and is an ongoing process.
In 2014, the representatives of the State Government identified reforms to be undertaken
by them and a new measure of competitiveness was initiated. Subsequently, a report titled
“Assessment of State implementation of Business Reforms” was released in September
2015 capturing the findings of reforms implemented by States/UTs.
To give this exercise momentum, 18 joint workshops were conducted in partnership with
the World Bank Group to help States/UTs to better understand the essence of these
reforms.
In 2016, DPIIT released a 340-point action plan which was drafted in consultation with
all States/UTs. It included recommendations on 58 regulatory processes, policies and
process spread across 10 reform areas spanning the lifecycle of a typical business. Such
an action plan was the first of its kind in India which promoted both competitive and
cooperative federalism among the States/UTs.
To streamline inspections and set the nation free from ‘inspector raj,’ best practices have
been studied across 10 different countries. Based on these best practices several reforms
were enlisted that were successfully implemented by 18 States/UTs in 2016.
Consequently, an online portal (www.eodb.dipp.gov.in) showcasing dynamic real time
rankings was developed and launched in April 2016 which is the first such platform for
knowledge sharing on regulatory compliance requirements across States/UTs in the
country.
Final ranking of States/UTs on implementation of the 340 points were released in
November, 2016. The national implementation average stood at 48.93% significantly
higher than 2015’s national average of 32% and 12 States achieved more than 90%
implementation score.
BRAP 2017-18 was updated to 372 action points with addition of new sectors such as
Healthcare and Hospitality, Central Inspection system, Trade License, Registration under
Legal Metrology, and Registration of Partnership Firms & Societies.
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Department for Promotion of Industry and Internal Trade
An important addition to methodology under BRAP 2017-18 was the inclusion of feedback
exercise where feedback was sought on 78 reform points from actual users of new system.
The respondent data in various categories was provided by the States/UTs.
DPIIT proposes to undertake a 100% feedback based assessment on all reform points
under BRAP 2019. With regard to the 2019 plan, this guide has been produced to support
States and Union Territories in implementing the Business Reform Action Plan (BRAP)
2019, circulated by DPIIT vide email dated 11th October 2018.
This guide is intended to discuss the objective and end-result envisioned in each of the 80
action points identified in BRAP. It is believed that the guide will allow States/UTs to
understand requirements for implementation and help them in identifying the measures
that should be taken to achieve the objectives of the Action Plan. The guide will also help
in understanding the evidence that needs to be submitted for each reform.
This guide is divided into 12 sections, each focusing on one of the 12 areas of BRAP 2019.
The last date for implementation of reforms is 31st March, 2019.
Ravinder
Joint Secretary,
Department for Promotion of Industry and Internal Trade
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Department for Promotion of Industry and Internal Trade
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Department for Promotion of Industry and Internal Trade
Information Wizard
Recommendation 1:
Develop an online information wizard with the following features:
i. The information wizard should provide a comprehensive list of licenses,
registrations required for undertaking a specific business (pre-establishment & pre-
operation).
ii. Provide links to online application forms for licenses/ NOCs required by users and
their relevant notifications wherever necessary (pre-establishment & pre-
operation).
iii. Provide details such as time taken, procedures, comprehensive list of documents
required, Departments involved.
Feedback:
The respondents will be asked whether they had to apply for any clearances that
was not indicated in the list generated by the Information Wizard.
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Department for Promotion of Industry and Internal Trade
Recommendation 2:
Establish a formal investors’ facilitation center/bureau in State for investment
promotion, industrial facilitation, regulatory reforms and obtaining user feedback.
Define working procedures such as
i. Queries regarding the application to be recorded,
ii. All queries must be addressed within a timeline of 15 days
Objective:
Effective investment promotion and facilitation aids in attracting new investments
in the States/UTs and retain existing ones.
Purpose of setting up of facilitation center is to create a single point of contact for
investors/ entrepreneurs in case of any queries that the Information wizard cannot
respond to. Investors can approach such centers to clarify their doubts or to seek
status of their application.
Feedback:
The respondents will be asked whether the information provided by such centers were
accurate and were successful in addressing the queries.
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Department for Promotion of Industry and Internal Trade
Recommendation 3:
Ensure timelines are specified for the following services:
i. Property registration process (deeds are registered on the same day of the
appointment)
ii. Land allotment process
iii. Consent to Establish and Consent to Operate under The Water (Prevention and
Control of Pollution) Act, 1974 and The Air (Prevention and Control of Pollution)
Act, 1981
iv. Authorization under the Hazardous and Other Wastes (Management and
Transboundary Movement) Rules, 2016
v. Registration and grant and renewal of license under The Factories Act, 1948
vi. Approval of plan and permission to construct/extend/or take into use any building
as a factory under the Factories Act, 1948
vii. Registration and Renewal of Boilers & Approval for boiler manufacturers and
renewal under The Boilers Act, 1923
viii. License and renewal of license for contractors under provision of The Contracts
Labour (Regulation and Abolition) Act, 1970
ix. Registration and renewal under relevant The Shops and Establishment Act
x. Registration of principal employer's establishment under provision of The
Contracts Labour (Regulation and Abolition) Act, 1970
xi. Registration under The Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996
xii. Registration of establishment under the Inter State Migrant
Workmen(RE&CS)Act,1979
xiii. Registration/ Licenses and renewal (wherever applicable) under the Legal
Metrology Act, 2009
xiv. Obtaining water connection
xv. State Excise and Profession Tax
xvi. Registration of Partnership firm
xvii.Registration of Societies
xviii. Trade License
xix. Incentives provided by the State Government
xx. Drug License
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Department for Promotion of Industry and Internal Trade
Objective:
The promptness with which a service is provided increases investor confidence.
Therefore, providing a timeline gives an indication to the investor about the time
frame within which service will be provided.
Through a formal legislation, States/UTs should notify the timelines for the above
listed approvals/ licenses. The legislation should also address cases where the
approval is provided beyond the stipulated time through requisite punitive
measures.
Applicant can approach the investor facilitation center to raise concern if the
approval is not given timely.
Feedback:
The respondents will be asked whether they got the service within the stipulated
time as mentioned in the Information Wizard.
Recommendation 4:
Implement an online single window system with the following features:
i. Allow online submission of application without the need to submit physical copies
of the application
ii. Eliminate physical touch-point for document submission and verification
iii. Allow applicant to track status of application online
iv. Ensure the applicant receives an SMS/e-mail notification as and when the
application is submitted and/or query is raised and/or application is
approved/rejected
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Department for Promotion of Industry and Internal Trade
v. Service wise approvals may be granted as and when received from the Department
concerned
vi. Mandate that all queries/clarifications related to investors' application are sought in
one go and within 7 days of receipt of the application
Objective:
An investor/ entrepreneur should be able to apply for all the licenses/approvals
through the State’s online single window portal.
An investor should not be required to visit any Department portal individually to
find out from where to get the requisite approval.
Feedback:
The respondents will be asked whether they could apply for all the required
registrations/approvals from any Department through the State’s online Single
Window portal.
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Department for Promotion of Industry and Internal Trade
For the functions of the single window system State/ UT has the option to utilize the
Investment Facilitation Centre so created rather than setup a separate single window
agency.
Recommendation 5:
Ensure that the following approvals are provided as a service through the online single
window system
i. Registration under Profession Tax
ii. Consent to Establish under The Water (Prevention and Control of Pollution) Act,
1974 and The Air (Prevention and Control of Pollution) Act, 1981
iii. Change of land use
iv. Allotment of land in Industrial Area
v. Registration and grant of license under The Factories Act, 1948
vi. Electricity connection
vii. Water connection
viii. Registration under the relevant Shops and Establishments Act
ix. Registration under The Boilers Act, 1923
x. Consent to Operate under The Water (Prevention and Control of Pollution) Act,
1974 and The Air (Prevention and Control of Pollution) Act, 1981
xi. Authorization under Hazardous and Other Wastes (Management and
Transboundary Movement) Rules, 2016
xii. Registration certificate of Establishment Inter State Migrant Workmen (RE&CS)
Act,1979 (License of Contractor Establishment)
xiii. Permission for engaging contractor for labour under The Contracts Labour
(Regulation and Abolition) Act, 1970
xiv. Registration under Legal Metrology Act, 2009
xv. Renewal of license under The Factories Act, 1948
xvi. Renewal of Registration under The Boilers Act, 1923
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Department for Promotion of Industry and Internal Trade
Objective:
An online single window portal should provide at least the above mentioned
services to facilitate investors.
Feedback:
The respondents will be asked whether there was any service that was not provided
on the State’s single window portal. Hence, it is important that State should provide
for a holistic list of approvals/registrations online.
Recommendation 6:
Provide the following features for application of incentives through online single
window system:
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether there was any incentive that was not provided
on the State/UT’s single window portal. Hence, it is important that State/UT should
provide for a complete list of incentives online.
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Department for Promotion of Industry and Internal Trade
Recommendation 7:
Digitize land transaction deeds of last 10 years at all sub-registrar offices and make the
same available on an online system to check for ownership details and history. The
metadata shall be searchable for each record and a soft copy of the registered deed shall
be available. The searchable metadata available shall be:
i. Name of buyer
ii. Name of seller
iii. Survey no.
iv. Registration number
v. Registration date
Objective:
Digitized land records across various State/UT Government Agencies can be
beneficial in increasing the efficiency and effectiveness in property registration and
maintenance.
The main aim is to digitize land ownership records at the sub-registrar i.e., land
transaction deeds including sale deeds, transfer deeds, lease deeds, etc., so that:
Allows prospective land buyers to easily verify land ownership and
encumbrance thereon while purchasing of immovable property.
Allows prospective land buyers with a single point of contact to determine
land ownership by checking the required historical documentation.
Feedback:
The respondents will be asked whether they could determine land ownership by
checking the required historical documentation for last 10 years.
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether latest data on Record of Rights is available
in public domain.
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Department for Promotion of Industry and Internal Trade
Ensure that the URL for the website submitted as evidence is operational.
Evidence maybe submitted in any of the following ways:
a) Links to uploaded videos of user walkthrough
b) Screenshots to prove the functionality of the system (Step-wise)
Recommendation 9:
Digitize and publish data of Property Tax payment dues online in public domain for all
the Urban Local Bodies (ULBs) in the State/UT. The searchable metadata available
shall be:
i. Name of the Property tax payer
ii. Property Tax dues
iii. Survey no. of land / Unique Identification no. of property
Objective:
The main aim is to digitize records of liability towards property tax at all local
municipalities of the State/UT which would clearly indicate the encumbrances on
the property. In case of State/UT where land record do not cover urban property,
Municipal tax records represent the prima facie ownership/occupancy of the
immovable property.
Feedback:
The feedback survey respondents will be asked if they were able to check Property
Tax encumbrance (for properties not owned) in public domain.
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Department for Promotion of Industry and Internal Trade
Recommendation 10:
Digitize cadastral maps of all rural areas in the State/UT and make them available in
public domain.
Objective:
The main aim is to digitalize cadastral maps (spatial records) of all rural areas in
the State/UT so that actual land may be matched with the ownership/occupancy
record. Though it is not made a compulsory feature in marking scheme, a system
based coordinates should be preferred.
Feedback:
The respondents will be asked whether they were able to access the digitized
cadastral map for rural areas in public domain.
The website shall be publicly accessible. It will help in establishing property ownership
and identify tax encumbrances. The integration shall be done for all areas of the
State/UT.
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Department for Promotion of Industry and Internal Trade
Objective:
The aim of the single integrated portal is to allow real-time access of updated data
from all relevant land related Agencies.
Feedback:
The respondents will be asked about, how many of the following types of records
are available and integrated in the portal:
Land registration
Record of Rights
Property tax payment dues
Revenue Court cases on the property
Civil Court cases on the property
Recommendation 12:
Implement an online application system having the following features
i. Mandatory online application submission including submission of draft deed and
other documents
ii. Provision of online payment of Stamp duty and Registration fee
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Department for Promotion of Industry and Internal Trade
iii. Auto generation of appointment date and time on making the payment of Stamp
duty and Registration fee
Objective:
The above reform seeks to put in place an online system for application payment
and auto generation of appointment date and time.
Feedback:
The respondents will be asked whether they were able to complete application
process online without visiting the Sub-Registrar Office. They will also be asked
whether the date and time of appointment with Sub-Registrar office was provided
automatically without a follow-up.
Recommendation 13:
Provide model deed templates for sale, gift, lease, mortgage and rent in downloadable
and editable format along with instructions to use them.
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Department for Promotion of Industry and Internal Trade
Objective:
Availability of downloadable and editable format of model deed templates for sale,
gift, lease, mortgage and rent along with clear instruction to use them will allow the
user to draft their deeds and make changes without requiring the help of any broker.
Feedback:
The respondents will be asked whether there was any model deed templates for
sale, gift, lease, mortgage and rent available in downloadable and editable format
on the website of Department of Stamps and Registration.
Recommendation 14:
Integrate the mutation process with the registration process and mandate initiation of
mutation process (Revenue Department and/ or ULB) as soon as a deed is registered.
Ensure that:
i. Information to mutation authority to be automatically shared on completion of
transaction (registration). This shall be considered as initiation of mutation
process.
ii. No separate application from transferee to be required.
iii. SMS/email shall be sent to transferee/ transferor to inform about the initiation of
mutation
Objective:
The main aim is to reduce interfaces between the user and the State/UT
Government and thus promote greater transparency. It will also help in reducing
the time taken for mutation after registration.
Feedback:
The respondents will be asked whether they received an intimation informing start
of mutation proceedings or they had to make a specific application to initiate the
mutation process.
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Department for Promotion of Industry and Internal Trade
Recommendation 15:
Provide data of all land banks in State/UT-owned industrial estates (estate-wise) on
one online system/ portal in public domain
Objective:
The main aim is that the users should be able to access all the information they need
to apply for land parcels (Industrial) from the website of the Department.
Feedback:
The respondents will be asked whether they had access to all the information they
need to apply for land parcels (Industrial) from the website of the Department
whether they had to approach any authority for getting complete information to fill
the application.
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Department for Promotion of Industry and Internal Trade
Objective:
Users should be able to access online (available in a GIS system) data of land plots
offered by the Government for industries.
Feedback:
The respondents will be asked whether they can access (available in a GIS system)
data of land plots offered by the Government for industries online and whether the
rates of allotment were available.
Land Allotment
Recommendation 17:
Implement an online application system with the following features:
i. Mandate online application submission (including supporting documents) and
online tracking. Provision of online payment thereof. Ensure that the system allows
the user to download legally valid approval certificate
ii. Eliminate the need of physical touch-point for document submission and
verification
iii. Allow third parties to verify the final approval certificates in public domain
Objective:
Users can apply for land plots offered by the Government for industries online,
which will save time and help in improving transparency.
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether such service could be availed online without
physically visiting the Department for either submitting the application or
processing of application including downloading of legally valid approval
certificate.
Feedback:
The respondents will be asked about the accessibility of the objective criteria of
evaluation of land allotment applications from the website of the Department.
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Department for Promotion of Industry and Internal Trade
Recommendation 19:
Implement an online application system to obtain the above consents/ approvals with
the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
Objective:
The reform is aimed at improving transparency and ensuring time bound delivery.
The State/UT should design and implement a system for granting Consent to
Establish and Consent to Operate [under The Water (Prevention and Control of
Pollution) Act, 1974 and The Air (Prevention and Control of Pollution) Act, 1981].
An investor/ entrepreneur should be able to apply for aforementioned services on
the online application system without any physical touchpoints.
Feedback:
The respondents will be asked whether they could apply for the required
registrations/approvals through the online system in accordance with the
provisions under this reform point and whether they were required to interact
physically for such registration/approval.
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Department for Promotion of Industry and Internal Trade
The online payment gateway should be integrated with the application system.
The system should allow the user to track the status of applications online - Once
the applicant logins into the online portal, applicant should be able to clearly see
the status of the application. This means that the tracking status should show where
the application is pending currently, as the case may be or else show a clear status
of approval/rejection.
Once approved, the user should be able to download the approval or registration
certificate online.
Recommendation 20:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
Objective:
The reform is aimed at improving transparency and ensuring time bound delivery.
The State/UT should design and implement a system for granting Authorization
under the Hazardous and Other Wastes (Management and Transboundary
Movement) Rules, 2016.
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether they could apply for the required
registrations/approvals through the online system in accordance with the
provisions of this reform point and whether they were required to interact
physically for such registration/approval.
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Department for Promotion of Industry and Internal Trade
Recommendation 21:
Notify a list of white category industries, which are exempted from taking clearances
from State/UT Pollution Control Board.
Objective:
The simplest approach to reduce the regulatory burden on businesses from
environmental procedures and licensing is to introduce different approval and
inspection regimes for different categories of pollution risk.
White category industries, which are practically non-polluting should be exempted
from SPCB clearance. This will reduce the regulatory burden on these businesses by
removing the requirement to obtain Environmental Clearances (EC).
Feedback:
The respondents to the feedback survey will be asked whether exemption has been
granted for White Category Industries in accordance with the provisions of this
reform point.
Recommendation 22:
Issue Consent to Operate with a validity period of 5 years or above under The Water
(Prevention and Control of Pollution) Act, 1974 and The Air (Prevention and Control of
Pollution) Act, 1981
Objective:
For State/UT Governments, issuing annual renewals imply repeated paperwork and
recurring costs to carry out inspections and grant re-registration. In many cases,
however, there are no changes in pollution levels or activities, thereby incurring
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked about the validity period of the CTO granted under
The Water (Prevention and Control of Pollution) Act, 1974 and The Air (Prevention
and Control of Pollution) Act, 1981 by the State/UT in accordance with the
provisions of this reform point.
Recommendation 23:
Allow for auto-renewal of Consent to Operate (under The Water (Prevention and
Control of Pollution) Act, 1974 and The Air (Prevention and Control of Pollution) Act,
1981) based on self-certification/third party certification.
Objective:
The objective of this reform point is that the Consent to Operate under The Water
(Prevention and Control of Pollution) Act, 1974 and The Air (Prevention and
Control of Pollution) Act, 1981 should be auto renewed upon expiry of Consent to
Operate.
Feedback:
The respondents will be asked whether the State/UT has provisioned auto-renewal
of Consent to Operate under The Water (Prevention and Control of Pollution) Act,
1974 and The Air (Prevention and Control of Pollution) Act, 1981 upon expiry of
consent, without the requirement to re-apply in accordance with the provisions of
this reform point.
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Department for Promotion of Industry and Internal Trade
Points to be noted:
State/UTs should allow for auto renewal of Consent to Operate, subject to self- or
third-party certification that there have been no changes in pollution levels or
activities. This will require the issuance of a notification, as well as creation of
necessary systems to process the submission of auto-renewal filings.
If the State/UT wishes to pursue third-party certification instead of self-
certification, the State/UT must not only issue a notification, but also lay out
criteria for accreditation and empanelment of third-party service providers, as well
as clearly lay out that, in the event of misrepresentation, the liability is shared
equally between the entrepreneur and the certifying authority.
Recommendation 24:
Enact a comprehensive uniform building code/building by-law with the following
features:
i. Prepare a uniform building code. The State/UT may have separate sections within
the uniform building code/ building by-law which are applicable to specific
geographic areas or areas under administrative control of different agencies/ bodies
ii. Applicable to all urban areas and industrial estates/parks in the State/UT
iii. Provisions for risk-based classification of buildings
iv. Accreditation programs and clear responsibilities for professionals including
architects and engineers engaged in the construction process along with
qualifications for accreditation under the program
Objective:
Construction projects are subject to a wide variety of regulations and controls, often
spanning a multitude of laws, regulations and notifications which are not available in
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Department for Promotion of Industry and Internal Trade
a single document. A comprehensive formal building code can unite regulations into
a single document that outlines all requirements with which a building must abide.
A risk-based building classification enables the introduction of a fast-track
mechanisms for low-risk buildings, thereby allowing ULB officials to spend more
time thoroughly reviewing and ensuring structural and public safety of higher risk
buildings.
A project that is staffed with accredited architects and structural engineers is more
likely to abide by construction and building safety requirements, and may require less
scrutiny and review than projects staffed by unaccredited professionals. This allows
the ULB to dedicate its limited human resources to ensure the quality of high-risk
buildings while remaining relatively reassured that other buildings are being built
responsibly by accredited professionals.
Feedback:
The respondents will be asked to confirm the presence of features like uniformity,
coverage across the State/UT, risk based classification and accreditation programs in
the building code/ by-law.
Master Plans
Recommendation 25:
Develop Master plans/Zonal plans/land use plans with legal sanction for all urban areas
and make it available online in public domain.
Plans for urban areas which designate spaces for commercial, residential and other use
within urban areas.
Objective
Master plans/Zonal plans/land use plans can provide all parties in construction
projects with clarity on the kinds of buildings allowed in certain areas, and allow
land owners to understand type of buildings can be built on their land.
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Department for Promotion of Industry and Internal Trade
Once these plans are published online, users are able to access this information
easily and take effective decisions when designing building projects. Plans that are
tied effectively to building codes, or clearly outline the building restrictions or
conditions on specific projects can help reduce the burdens faced by ULBs by
reducing the number of ineligible or incorrect building plans for construction
projects.
Feedback
The respondents will be asked if Master plans/Zonal plans/land use plans exist for
all urban areas of the State/UT and whether they are accessible online.
Recommendation 26:
Mandate timelines such that the following approvals/ NOCs are provided within 45
days:
i. Building Plan approval is provided within 30 days
ii. Plinth Inspection is done within 7 days of intimation
iii. Final Completion/Occupancy Certificate is provided within 8 days ( 7 days for
inspection + 1 day for issuing the certificate)
Objective:
The time-bound grant of the approvals/ NOCs in the three key stages of
construction of the building i.e., building plan approval, plinth level inspection and
grant of completion/ occupancy certificate will ease planning for construction.
Respective Departments/ Agencies will be bound to follow timelines, since not
following the timelines will initiate penal action as mandated in the relevant
legislation/ regulation.
Feedback:
Each respondent will be asked about the time taken for the approval of building
plans to determine if the timelines are being followed at each stage during
construction, as mentioned in the reform
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Department for Promotion of Industry and Internal Trade
Objective:
An online single window for construction permits will help in streamlining the
process for numerous approvals/ registrations/ NoCs that are required at various
stages in the construction process. It will bring out overall efficiency in the process
and providing clarity to applicants by bringing all requirements and applications
on one portal.
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked if they have availed these services on an online single
window system for grant of construction permits. The follow-up question will be
regarding other features like the common integrated form, upload of building plan
for scrutiny, e-intimation for commencement and plinth completion, application
for and download of completion/ occupancy certificate and online issuance of
certificate of inspections. They will also be asked if any approval was required which
was not integrated on the portal.
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked if they received a joint inspection from relevant
Departments/ Agencies for granting construction permits. If according to the
respondents separate inspections are being conducted by Departments/ Agencies,
the State/ UT will not receive points for the reform.
Points to note:
A notification/ Government order mandating a single joint inspections by the
required Departments and Agencies should be shared.
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Department for Promotion of Industry and Internal Trade
Once the State/UT has sufficiently strong accreditation and qualifications for
architects and engineers that allows the ULBs to monitor quality of building
processes, the State/UT can move to a more advanced model where building plans
may be submitted on the basis of self-certification by these accredited professionals.
Feedback:
The respondents will be asked if the provision for third party certification is
available to them or not.
Recommendation 30:
Publish a well-defined inspection procedure, checklist on the Department’s web site and
mandate that inspections (except in case of complaint based inspections) shall be
limited to the checklist
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Department for Promotion of Industry and Internal Trade
Recommendation 31:
Design and implement a computerized system which is capable of:
i. Identifying buildings/areas that need to be inspected based on risk assessment
ii. Computerized allocation of inspectors
Recommendation 32:
Mandate online submission of inspection report within 48 hours to the Department.
Objective:
To reduce compliance burden during the construction process and reduce
discretion of Departments/ Agencies with respect to inspections.
Feedback:
The respondent will be asked if procedure and checklist are available online, if
inspections are conducted in accordance with them and if inspection reports are
available online or not. They will also be asked whether inspectors looked into
issues not covered by the checklist.
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Department for Promotion of Industry and Internal Trade
Registration and grant and renewal of license under The Factories Act, 1948
Recommendation 33:
Introduce a provision for allowing the validity of license under Factories Act to be 10
years or more. The same should be applicable for renewed licenses also
Objective:
The Factories Rules in various States/UTs grant license only for a year thus
requiring renewal of license on year-on year basis which creates another layer of
regulatory and cost burden on a factory owner/occupier.
To ease the burden, factory license and its renewal can be issued for a period of 10
years. This will also reduce the cost associated with seeking annual renewal.
Feedback:
The respondents will be asked whether the validity of their license under The
Factories Act, 1948 is at least 10 years or more.
35
Department for Promotion of Industry and Internal Trade
Objective:
Obtaining a license under the Factories Rules is seen as a time consuming process
with the proposed owner/occupier of the factory being made to run from post to
pillar to get the license. This leads to increased burden and also the cost associated
with it for the proposed owner/occupier of the factory.
In order to over-come the above, the State/UT should design and implement an
online system for application for grant of license and renewal of the same under the
applicable Factories Rules. The system should eliminate the requirement of
physical touch-point for submission of documents.
The move towards IT driven systems and processes is aimed at boosting efficiency
and transparency.
Feedback:
The respondents will be asked questions relating to their experience and interaction
with the Department during the application process. They will be asked whether
they were required to interact physically for this registration.
36
Department for Promotion of Industry and Internal Trade
Ensure that the URL for the website submitted as evidence is operational.
Evidence to examine the functionality of the features of online system should be
clearly provided. Proof of entire system i.e., for the steps of filling application form
online, uploading all documents, making payment online and online tracking of
application and obtaining approval/registration certificate should be shared in the
evidence.
Evidence may be submitted in any of the following ways:
a) Links to uploaded videos of user walkthrough
b) Screenshots to prove the functionality of the system (Step-wise)
Recommendation 35:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
Objective:
Approval of plan and permission to construct/extend/or take into use any building
as a factory, as mandated in the Factories Rules of a State/UT is a fundamental
requirement for setting-up/running a factory. Since the application process for
obtaining a license to run a factory has been mandated to be online, as a
supplementary step, the State/UT should also mandate that the application for
approval of plan and permission to construct/extend/or take into use any building
as a factory is also made online.
This move towards IT driven systems and processes is aimed at boosting efficiency
and transparency.
Feedback:
The respondents will be asked questions related to their experience and interaction with
the Department during the application process as per the reform point. They will be
asked whether they were required to interact physically for this registration.
37
Department for Promotion of Industry and Internal Trade
Recommendation 36:
Introduce a provision for third party certification for boilers during use u/s 34(3) of the
Boilers Act, 1923, by authorising Boiler Operation Engineer (BoE) having the following
qualification:
1. Graduate in Mechanical/ Production/ Power Plant/ Metallurgical engineering
from a recognised institution; and
2. Minimum 5 years of experience in the field related to boilers
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Department for Promotion of Industry and Internal Trade
Objective:
In the case of inspections of boilers, Departmental inspections can be substituted
with third-party certifications. To enable this, the State/UT must not only issue a
notification, but also lay out criteria for accreditation and empanelment of third-
party service providers, as well as clearly lay out that, in the event of an accident,
the liability falls equally upon the entrepreneur and the certifying authority. A
draft notification with reference to third-party certification of boilers has already
been circulated to States/UTs by DEPARTMENT FOR PROMOTION OF
INDUSTRY AND INTERNAL TRADE so that States/UTs can easily adapt and
issue the notification.
Feedback:
The respondents to feedback survey will be asked question(s) whether they had
option of third party certification for boilers during use u/s 34(3) of The Boilers
Act, 1923.
Recommendation 37:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application.
ii. Eliminate physical touchpoint for document submission.
iii. Allow option of online payment of application fee.
iv. Allow applicant to track status of application online.
v. Applicant can download the final certificate online.
Objective:
Every owner of a boiler is required to register the boiler as per the Boilers Act,
1923. To bring ease in the process of registration of a boiler in a State/UT, the
entire application and approval process along-with filing of requisite documents,
drawings etc., mandated under the State/UT Rules should be online.
This move towards IT driven systems and processes is aimed at boosting efficiency
and transparency.
39
Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked questions relating to their experience and
interaction with the Department during the application process. They will be asked
whether they were required to interact physically for this registration.
40
Department for Promotion of Industry and Internal Trade
Recommendation 38:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application.
ii. Eliminate physical touchpoint for document submission.
iii. Allow option of online payment of application fee.
iv. Allow applicant to track status of application online.
v. Applicant can download the final certificate online.
Objective:
An online system for approval and registration as a boiler manufacturer will be
helpful in being a smoother and cost effective measure.
This move towards IT driven systems and processes is aimed at boosting efficiency
and transparency.
Feedback:
The respondents will be asked whether they could apply for approval for boiler
manufacturer and renewal through the online application system in accordance
with the provisions of this reform point. They will be asked whether they were
required to interact physically for this registration.
41
Department for Promotion of Industry and Internal Trade
Recommendation 39:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application.
ii. Eliminate physical touchpoint for document submission.
iii. Allow option of online payment of application fee.
iv. Allow applicant to track status of application online.
v. Applicant can download the final certificate online.
Objective:
An online application process for license and renewal of license for contractors will
reduce the burden of filing and submitting multiple copies of the application form
and requisite supporting document(s), easing the burden on the contractor or the
establishment.
This move towards IT driven systems and processes is aimed at boosting efficiency
and transparency.
Feedback:
The respondents will be asked whether they could apply under The Contract
Labour (Regulation and Abolition) Act, 1970 through the online application
system in accordance with the provisions of this reform point. They will be asked
whether they were required to interact physically for this registration.
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Department for Promotion of Industry and Internal Trade
Recommendation 40 :
i. Eliminate the requirement of Inspection prior to registration
ii. Ensure that the final registration is granted within one day from the date of
application
Objective:
Delay in issuing registration certificate leads to further delays in the business
operations, thereby hampering the ability of the business to get operational in
terms of getting bank loans, employ workers and generate income. Eliminating
the requirement of inspection prior to registration and providing this registration
in a single day may help reduce this burden significantly.
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondent to the feedback exercise will be asked questions in respect to the
duration within which the registration was granted and at what stage of approval
the premises were inspected.
Feedback:
The respondents will be asked whether they could apply for registration through
the online application system in accordance with the provisions of this reform
point. They will be asked whether they were required to interact physically for this
registration.
44
Department for Promotion of Industry and Internal Trade
Feedback:
The respondents to feedback survey will be asked questions regarding requirement
of renewal of registration under Shops and Establishments Act.
45
Department for Promotion of Industry and Internal Trade
Recommendation 43:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
Objective:
Registration as a principal employer via online system will ensure easy
identification of the same in case of dispute and also bring about ease in the
registration process.
This move towards IT driven systems and processes is aimed at boosting efficiency
and transparency.
Feedback:
The respondents will be asked whether they could apply for registration through
the online application system in accordance with the provisions of this reform
point. They will be asked whether they were required to interact physically for this
registration.
46
Department for Promotion of Industry and Internal Trade
The system should allow the user to track the status of applications online - Once
the applicant logins into the online portal, applicant should be able to clearly see
the status of the application. This means that the tracking status should show
where the application is pending currently, as the case may be or else show a clear
status of approval/rejection.
Once approved, the user should be able to download the approval or registration
certificate online.
Recommendation 44:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
Objective:
Mandating online registration for establishments under The Building and Other
Construction Workers (Regulation of Employment and Conditions of Service) Act,
1996 will help in smoother registration process.
Further, the reform will help in easy identification of the registered establishment
under the Act/Rules to ensure that the objective of the Act of regulating
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether they could apply for registration through
the online application system in accordance with the provisions of this reform
point. They will be asked whether they were required to interact physically for this
registration.
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Department for Promotion of Industry and Internal Trade
Recommendation 45 :
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
Objective:
Any establishment/contractor proposing to employ interstate migrant workmen is
required to be registered with the Department as per provisions of the Act/Rules.
Such a prerequisite has been mandated to ensure that prescribed wage is paid and
other employment conditions are met by the establishment/contractor.
An online process for registration ensures smooth process for filing of the
application form and requisite/supporting documents.
The move towards IT driven systems and processes is aimed at boosting efficiency
and transparency.
The State/UT should design and implement a system for registration/ licenses
(wherever applicable) and renewal under Inter State Migrant Workmen (RE&CS)
Act, 1979.
Feedback:
The respondents will be asked whether they could apply for registration through
the online application system in accordance with the provisions of this reform
point. They will be asked whether they were required to interact physically for this
registration.
49
Department for Promotion of Industry and Internal Trade
Labour Regulation-Enablers
Recommendation 46:
Mandate online filing of single integrated return and applicable payments under
following Labour Laws:
i. The Shops & Establishment Act (as applicable)
ii. The Boilers Act, 1923
iii. The Factories Act, 1948
iv. The Contracts Labour (Regulation and Abolition) Act, 1970
v. The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996
vi. The Inter State Migrant Workmen (RE&CS) Act, 1979
vii. The Payment of Wages Act. 1936
viii. The Industrial Disputes Act, 1947
ix. The Minimum Wages Act, 1948
x. The Employees State Insurance Act, 1948
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether online filing of single integrated return and
applicable payments under Labour Laws applicable in the State has been
introduced.
Recommendation 47:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether there was any document required other
than the ones mentioned in the reform. Also, the respondent will be asked whether
the entire process is online or was there any need to visit the Department.
52
Department for Promotion of Industry and Internal Trade
Recommendation 49:
i. Ensure that the State/UT regulator publishes monthly data, regarding total
duration and frequency of power outages online in public domain
ii. Ensure Discoms display information on tariffs (in Rs. per kWh) and notify
customers of change in tariff ahead of the billing cycle (for commercial and
industrial users)
iii. Discoms notify customers of planned outages (maintenance and load shedding)
for next 1 month in advance
Recommendation 50:
Stipulate that charged electrical connections (for all voltages - Low/High/Extra High
Tension) along with Chief Electrical Inspector General (CEIG) approval (wherever
required) is provided within:
i. Seven days (where no ‘Right of Way’ (RoW) is required)
ii. Fifteen days where RoW is required from concerned agencies
Recommendation 51:
Allow users to pay electricity bills online
Objective:
Data on past outages and planned outages are displayed on a portal so that the
businesses can plan their work accordingly.
Further, to ensure that businesses can plan ahead, it is important to provide online
the current tariff details. Moreover, future changes in the tariffs should also be
published online to help the businesses deal effectively with future price changes.
The States/UTs should endeavor to reduce the timelines to provide the electricity
connection (including CEIG and RoW approval).
To ease investors, there should be a facility on the online system developed to help
users pay the electricity bill online.
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether the timelines for obtaining electricity
connection were in accord with the mandated timelines. They will also be asked
whether they are able to pay electricity bills online. Further, feedback will be sought
to verify that existing tariffs, new tariffs, current and expected outages were
displayed online.
54
Department for Promotion of Industry and Internal Trade
Recommendation 52:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
Recommendation 53:
Display information on tariffs (in Rs. per kL) and notify customers of change in tariff
ahead of the billing cycle (for commercial and industrial users)
Recommendation 54:
Allow users to pay water bills online
Objective:
Users should be able to fill-in and submit the application form online
There should be no physical touch-points between the applicant and Department
from the time of application process till the final decision, barring mandatory
inspections/ site visits.
Applicants should not be physically present for submission and verification of
documents before the certificate/ approval is issued. Instead, applicant can use
digital signature certificates to submit their documents through the online system.
The online payment gateway should be integrated with the application system.
Feedback:
The respondents will be asked whether they could avail the services online (for
application and payment of bills). They will also be asked whether they were able
to access tariff information online.
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Department for Promotion of Industry and Internal Trade
There should be a facility on the online system developed to help users pay the
water bill online.
9. Paying Taxes
Tax enablers under the State/Union Territory Goods and Services Tax Act
(GST)
Recommendation 55:
Set up service centers to assist taxpayers for e-filing of returns under the State/Union
Territory GST Act
Recommendation 56:
Establish a helpline providing basic services such as assisting users in preparing and
filing returns under the State/Union Territory GST Act
Objective:
E-filing service centers can be an effective mechanism to assist tax payers to make
the transition from manual filing and payment. These centers can assist taxpayers
for e-filing of returns under the State/Union Territory GST Act, thereby allowing
greater use of the online system. Wide availability of such centers can also increase
adoption of online filing and payment mechanism.
A helpline number can provide real-time information and support to users. The
State/UTs should establish a helpline providing basic services such as assisting
users in preparing and filing returns under the State/Union Territory GST Act.
Feedback:
The respondents will be asked whether State/UT has setup e-filing service centers
to assist taxpayers in preparing and filing returns under the State/UT GST Act.
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Department for Promotion of Industry and Internal Trade
The respondents will be asked about the helpline setup by the State/UT, to examine
its functionality in accordance with the provisions of this reform point.
Points to note for implementing the reform:
The State/UT may choose to setup e-filing service centers and the helpline
internally or outsource its development and maintenance to assist taxpayers for e-
filing of returns under the State/UT GST Act.
However, in both aforementioned scenarios, primary responsibility would remain
with State/UT Government to ensure smooth functioning and resolution of
issues/queries in a timely manner.
[1] Act reference: Chapter XVII on ‘Advance Ruling’ of State/UT GST Act.
Feedback:
The respondents will be asked whether AAR and AAAR has been established by
State/UT and whether details of application procedure and checklist for applying
for the same have been published online for the benefit of the investors and general
public.
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Department for Promotion of Industry and Internal Trade
Recommendation 59:
Publish a list of all State, municipal and panchayat levies and include the relevant
information pertaining to the rates and tariff levied by the State and local bodies on the
online portal.
Objective:
To improve access to information and improve tax compliance, the State/UT should
publish a list of all State/UT, Municipal and Panchayat levies other than GST and
include the relevant information pertaining to the rates and tariffs comprehensively
for all levies which constitute more than 10% of total revenue of a Zila Panchayat/
Parishad or a Municipality having population of not less than 500,000 in
accordance with the latest census.
Feedback:
The respondents will be asked whether the State/UT has published a list of all State,
municipal and panchayat levies and included the relevant information pertaining
to the rates and tariff levied by the State and Local Bodies on the online portal, in
accordance with the provisions of this reform point.
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Department for Promotion of Industry and Internal Trade
State Excise
Recommendation 60:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
Recommendation 61:
Design and implement a system for online filing of returns and for online payment of
duty as provided under the State Act and rules thereunder
Objective:
The State/UTs should implement an online application system for granting
necessary licenses/permits/registrations/NOCs under various services offered by
the State/UT Excise Department, pertaining to potable and non-potable alcohol
and specify the timelines for approval of the same.
The State/UT should design and implement a system for online filing of returns and
online payment of the applicable Excise Duty as mandated under the State/UT
Excise Act and Rules.
This move towards IT driven systems and processes is aimed at boosting efficiency
and transparency.
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether they could apply for the required
registrations/approvals pertaining to potable and non-potable alcohol through the
online system of the State/UT Excise Department. They will be asked whether they
were required to interact physically for such registration(s).
Further, the respondents will be asked whether they were able to file applicable
returns online and make online payment of the applicable Excise Duty as mandated
under the State/UT Excise Act and Rules.
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Department for Promotion of Industry and Internal Trade
Property Tax
Recommendation 62:
Design an online system which will have the facility to auto-calculate the levy.
Objective:
This reform point is aimed at designing/development of an online system which
will have the facility to auto-calculate the levy, so that property owners have clarity
about their tax liability and the time taken to file returns reduces and the tax
compliance increases.
Feedback:
The respondents will be asked whether they were able to view the auto-calculated
online assessment/ tax calculation details, in accordance with the provisions of this
reform point.
Profession Tax
Recommendation 63:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
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Department for Promotion of Industry and Internal Trade
Feedback:
The respondents will be asked whether they could apply for Profession Tax
registration through the online application system in accordance with the
provisions of this reform point. They will be asked whether they were required to
interact physically for such registration.
Further, the respondents will also be asked whether they were able to file returns
online and make online payment of Profession Tax as mandated under the
State/UT Act and Rules.
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Department for Promotion of Industry and Internal Trade
the application is pending currently, as the case may be or else show a clear status
of approval/rejection.
Once approved, the user should be able to download the approval or registration
certificate online.
63
Department for Promotion of Industry and Internal Trade
Recommendation 65:
Institutionalize a Central Inspection System (CIS) responsible for undertaking
compliance inspections of the Departments concerned and
i. Define risk criteria (such as High, Medium and Low risk) to classify industries
which undergo inspections conducted by Departments under the CIS
ii. Differentiate compliance inspection requirements based on risk profile of
industries
iii. Publish a well-defined inspection procedure, checklist on the Department’s/ CIS
web site
iv. Identifying establishments that need to be inspected based on computerized risk
assessment
v. Computerized allocation of inspectors
vi. Mandate that inspections (except in case of complaint based inspections) shall be
limited to the checklist
vii. Mandate online submission of inspection report within 48 hours to the
Department/ CIS
viii. Mandate that the same inspector will not inspect the same establishment twice
consecutively
ix. Allow users to view and download submitted inspection reports of at least past
three years
Recommendation 66:
Mandate surprise inspection or inspections based on complaints are conducted with
specific permissions from the respective Head of Department
Objective:
A Central Inspection System (CIS) can help eliminate inspections being conducted
in silos and ensure mutual sharing of information between inspecting Departments
and Agencies.
It allows for more effective planning of inspections by ensuring that inspector visits
are coordinated and reduces discretion in allocation of inspectors
To increase transparency in compliance inspection process and allow businesses to
access inspection reports online.
Feedback:
The respondents will be asked to confirm if the CIS of the State/UT has the features
listed above.
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Department for Promotion of Industry and Internal Trade
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Department for Promotion of Industry and Internal Trade
Joint Inspection
Recommendation 67:
Mandate joint- inspection under all of the following Acts:
i. Inspection under The Equal Remuneration Act, 1976
ii. Inspection under The Factories Act, 1948
iii. Inspection under The Maternity Benefit Act, 1961
iv. Inspection under The Minimum Wages Act, 1948
v. Inspection under The Shops and Establishments Act (as applicable)
vi. Inspection under The Labour Welfare Fund Act (as applicable)
vii. Inspection under The Payment of Bonus Act, 1965
viii. Inspection under The Payment of Wages Act, 1936
ix. Inspection under The Payment of Gratuity Act, 1972
x. Inspection under The Contract Labour (Regulation and Abolition) Act, 1970
The inspections above refer to the compliance function of the Department of Labour
and Department of Factories which can easily be converted into a single joint
inspection.
Objective:
Businesses that have to deal with multiple inspections from the same Department
several times a year face higher compliance time and cost burdens in dealing with
inspections. A single joint inspection can drastically reduce the burden on the
limited inspector base available to States/UTs as well, and enable more efficient
identification of violations.
Feedback:
The respondents will be asked if compliance inspections under the above
mentioned Acts were conducted together or not in the past one year.
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Department for Promotion of Industry and Internal Trade
Recommendation 68:
Publish a well-defined inspection procedure, checklist on the Department’s web site
and mandate that inspections (except in case of complaint based inspections) shall be
limited to the checklist.
Recommendation 69:
Design and implement a system which is capable of:
i. Identifying licensees that need to be inspected
ii. Computerized allocation of inspectors
iii. Allowing users to view and download submitted inspection reports of at least past
three years
Recommendation 70:
Mandate online submission of inspection report within 48 hours to the Department and
that the same inspector will not inspect the same establishment twice consecutively.
Objective:
To increase transparency in the inspection conducted under the Legal Metrology
Act, 2009.
Feedback:
The respondent will be asked question based on their experience of inspections
under the Act.
67
Department for Promotion of Industry and Internal Trade
Recommendation 71 (i):
Constitute Commercial Courts (in major towns/cluster of district so as to cover the
whole State) to hear and resolve commercial disputes under The Commercial Courts,
Commercial Division and Commercial Appellate Division of High Courts Act, 2015
Objective:
The objective of the reform is creation of separate Commercial Courts in the
State/UT to ensure timely resolution of disputes arising out of Commercial
contracts/transactions. This is necessary since the existing District and High Courts
are over-burdened with backlogs which increases the time to get remedy from
Courts.
Specialized Commercial Courts/Benches at High Courts and District Courts can
reduce the time and cost of enforcing contracts. Commercial Courts at District level
can be set up for exercising jurisdiction more than one district that have significant
commercial activity and disputes.
Feedback:
The respondents will be asked whether the State has setup Commercial Courts (in
major towns/cluster of district so as to cover the whole State) to hear and resolve
commercial disputes.
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Department for Promotion of Industry and Internal Trade
Recommendation 71(ii) :
Ensure that the Presiding Officer appointed as per The Commercial Courts,
Commercial Division and Commercial Appellate Division of High Courts Act , 2015
should not be having additional charge
Objective:
At present, Judges in District and High Courts often exercise jurisdiction over cases
involving more than one area of law. This often leads to creation of backlogs and
the Courts become overburdened with pending cases.
The principle reason behind creation of separate Commercial Courts is to ensure
that the Judges/Courts are not over burdened by additional charge other than that
of disputes governed by/under the Commercial Courts, Commercial Division and
Commercial Appellate Division of High Courts Act, 2015.
Feedback:
The respondents will be asked questions with respect to exercise of jurisdiction by
the Commercial Courts.
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Department for Promotion of Industry and Internal Trade
Constitute Commercial Appellate Division having one or more Division Benches for the
purpose of exercising jurisdiction and powers conferred under The Commercial Courts,
Commercial Division and Commercial Appellate Division of High Courts Act, 2015
Objective:
For the purpose of exercising Appellate Jurisdiction for appeals filed against
decisions by Commercial Courts, the States should constitute Commercial
Appellate Division having one or more Division Benches at District and High Court
level.
Feedback:
The respondents will be asked whether the State has setup Commercial Appellate
Division having one or more Division Benches for the purpose of exercising
jurisdiction and powers conferred under The Commercial Courts, Commercial
Division and Commercial Appellate Division of High Courts Act, 2015.
Feedback:
Respondents will be asked questions with reference to occupancy of relevant
positions in the Courts.
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Department for Promotion of Industry and Internal Trade
The State/ UTs should ensure that at least 90% vacancies in Commercial Courts
have been filled up for Judges, stenographers, senior clerks, clerks, assistants, and
support staff.
Feedback:
The respondents will be asked questions concerning availability of the statistical
data.
Paper-less Courts
Recommendation 75:
Design and implement a system for commercial disputes in Commercial courts, that
allows:
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Department for Promotion of Industry and Internal Trade
i. e-filing facility
ii. e-cause lists
iii. e-summons
iv. Online payment of court fees and process fees,
v. for all Commercial Courts
Objective:
The above reform seeks to put emphasis on development and introduction of e-
courts system for Commercial Courts to enable management of court cases in a
more systematic manner. Globally such systems have been found to significantly
reduce the time and cost associated with filing, administering, tracking legal
disputes; further, they allow for a more efficient record management in courts and
thereby reduce the administrative costs associated with judicial administration.
The questions seeks to examine whether an electronic case management system
exists or has been developed, and, if so, whether it includes features that allow e-
filing facility, e-summons, e-payments for court fees and process fee, cause lists
etc., thereby increasing the transparency of court’s functioning. Online payment
should also be integrated with the payment gateway.
Feedback:
The respondents will be asked questions in relation to development of the system
as mandated in the reform point.
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Department for Promotion of Industry and Internal Trade
Recommendation 76:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
The State/UT should design and implement a system for drug manufacturing/ selling/
storage license and renewal thereof.
Objective:
To provide faster application process and ensure transparency to obtain requisite
license.
Feedback:
The respondents will be asked whether such service could be availed online. They
will be asked whether there were any physical interaction for such registration.
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Department for Promotion of Industry and Internal Trade
online, uploading all documents, making payment online and online tracking of
application and obtaining approval/registration certificate should be shared in the
evidence.
Evidence may be submitted in any of the following ways:
a) Links to uploaded videos of user walkthrough
b) Screenshots to prove the functionality of the system (Step-wise)
Recommendation 77:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
Objective:
To provide faster application process and ensure transparency to obtain requisite
license.
The State/UT should design and implement a system for registration/ licenses
(wherever applicable) and renewal under the Legal Metrology Act, 2009. This law
establishes uniform standards of weights and measures to regulate trade in weights,
and other goods which are sold or distributed by weight, measure or number.
Feedback:
The respondents will be asked whether such service could be availed online. They
will be asked whether there were any physical interaction for such registration.
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Department for Promotion of Industry and Internal Trade
Recommendation 78:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
Objective:
The State/UT should design and implement a system for registration/ licenses
(wherever applicable) and renewal under the Legal Metrology Act, 2009.
To provide faster application process and ensure transparency to obtain requisite
license.
Feedback:
The respondents will be asked whether such service could be availed online. They
will be asked whether there were any physical interaction for such registration.
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Department for Promotion of Industry and Internal Trade
Registration of Societies
Recommendation 79:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
vi. A standard template of MoA and model bye-laws should be made available in the
Department’s website
Objective:
The State/UT should design and implement a system for registration of Societies
under both the Societies Registration Act, 1806 and Cooperative Societies Act, 1912.
To provide faster application process and ensure transparency to obtain requisite
license.
Feedback:
The respondents will be asked whether such service could be availed online. They
will be asked whether there were any physical interaction for such registration.
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Department for Promotion of Industry and Internal Trade
Trade License
Recommendation 80:
Implement an online application system with the following features:
i. Online submission of application without the need to submit physical copy of
application
ii. Eliminate physical touchpoint for document submission
iii. Allow option of online payment of application fee
iv. Allow applicant to track status of application online
v. Applicant can download the final certificate online
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Department for Promotion of Industry and Internal Trade
Objective:
The State/UT should design and implement a system for obtaining Trade License.
The Trade License as per the recommendation covers all Trade Licenses under the
Municipal Acts of the respective municipal corporation and other local bodies of
the States as relevant.
To provide faster application process and ensure transparency to obtain requisite
license.
Feedback:
The respondents will be asked whether such service could be availed online. They
will be asked whether there were any physical interaction for such licenses.
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