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Guidance regarding Submission of Evidence

Updated Guidelines

  1. A reform that has not been implemented by the State/UT must not be submitted as ‘Not applicable’.
  2. The submission of the State/UT on a recommendation (reform measure) must be comprehensive and complete in itself. Since they are being evaluated individually, it should not refer to evidence/remarks submitted in any other recommendation
  3. A response to a clarification should also be complete in itself and should also include all relevant evidence submitted previously. The portal does not create threads of past information and mere incremental responses are difficult to evaluate.
  4. Office Orders/Circulars/Notifications to implement a reform would be considered only when signed and issued on or before 30th June, 2016. A letter signed by competent authority that certifies an aspect of a reform may however be signed even after 30th June, 2016 (For example, in case of Recommendation No. 1 and 2).
  5. The URLs/links submitted as evidence should not direct to the homepage of portal, rather to the exact link on the portal.
  6. On timeline related reforms, descriptions mentioned in the implementation guide would be the reference point for evaluation of each recommendation. Hence, on recommendation no. 98, 103, 113, 118, even timelines mentioned in Citizen’s Charter (even if not mandated by legislation) is being considered in this year’s assessment as per the implementation guide.
  7. When submitting evidence of implementation of online system related recommendation, State/UT Governments are encouraged to provide following evidences (any one):
    1. Links to uploaded videos of user walkthrough
    2. Screenshots to prove the functionality of the system.
    3. Dummy ID to check the functionality.
  8. The States/UTs are requested to submit a letter signed by Competent Authority on the following recommendations to our email id eodb-dipp@nic.in latest by 27th September 2016 for these reforms to be considered as submitted.

Reform Area

Recommendation No.

Letter should explicitly state that

Availability of Industrial Land

42-45

All Industrial Development Corporations (IDCs) in the state are covered.

Property Registration Enablers

49-61

The reform is implemented in the entire state and not just pilots

Construction Permit Enablers

62-80; 253-257; 263-267

Reforms cover all IDCs and ULBs /Municipal Corporations in the state

Obtaining Electricity Connection

179-180

SCADA in implemented in all cities that are eligible under R-APDRP, or that the State has implemented an alternative mechanism for monitoring outages and service restoration in these cities.

Obtaining Electricity Connection

181-189

It should include all Discomms in the State

 

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General Guideline:
It has been brought to our attention that the portal has been facing significant issues, caused in part by the upload of bulky files as evidence. States are encouraged to note the following good practices when submitting evidence:

  1. When submitting rules, regulations, office orders and information as evidence, state governments are encouraged to upload the documents on their own website and provide links on the portal of EoDB at eodb.dipp.gov.in to the relevant content, instead of uploading the documents on the portal itself.
  2. When submitting evidence of implementation of new online registration systems under various Acts, state governments are encouraged to upload videos of user walkthrough to Youtube, and provide links to the videos where relevant, instead of submitting screenshots.

Recommendation-Specific Guideline:

States/UTs which have abolished or have chosen not to implement certain regulations eg. Profession Tax and Tree NOC

States/UTs will receive a 'Yes' on the relevant recommendation if they are able to submit evidence that they have either abolished or do not practice the relevant regulation.

Cases where States/UTs are prohibited from implementing the regulation due to a stay order from Court of law (e.g. Entry Tax) and also where specific central law is not applicable in the State/UT

States should submit an 'N/A' for the relevant recommendations.

Recommendation 1-2

In order to be considered as a 'Yes', the State Governments should submit a letter signed by the competent authority stating that no businesses in the State will be required to obtain any other license than the list that is submitted as evidence.

Recommendation 41

The EM Part I and Part II have been discontinued and Udyog Adhar was introduced after the distribution of Business Reform Action Plan, therefore it has been decided that all States/UTs will receive a 'Yes' for this recommendation.

Recommendation 34, 86-90

Responses would be considered as 'Yes' only in States where the applicant is required to apply directly to the Fire Department for NOC. In States where direct application to Fire Department is not required, the State may opt for an 'N/A' by submitting suitable evidence. 

Recommendations on Tree NoCsĀ  i.e. No. 72-74, 81-85 and 258-262

For the purpose of the Business Reform Action Plan, the recommendations number 72-74 only apply to planned industrial areas. The remaining recommendations to Tree NOCs remain applicable for entire State/UT.

Recommendation 179-180

In recent years, Distribution Utilities around the country have been implementing IT applications for energy accounting/auditing such as Supervisory Control and Data Acquisition (SCADA) systems, which allow them to monitor outages and restore services through a Scheme of Restructed Accelerated Power Development Programme (R-APDRP) under Ministry of Power. To be considered for a 'Yes' on these questions, the State must provide evidence that they have implemented SCADA in all cities that are eligible under R-APDRP, or that the State has implemented an alternative mechanism for monitoring outages and service restoration in these cities. 

Recommendation 332

Response for all States/UTs will be considered as N/A.

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S. No.

Recommendation

Reform

To be Considered as

Explanation

1.        

328

Establish a specialized division/bench under the High Court to hear commercial cases

N/A

As per the THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015, Commercial divisions may be set up in those high courts which exercise ordinary original civil jurisdiction, that is, the High Courts of Delhi, Bombay, Calcutta, Madras and Himachal Pradesh.  The other states only have appellate jurisdiction.

 

Therefore this may be considered as N/A for all states.

2.        

331

Mandate pre-trial discovery for cases in commercial matters

N/A

Pre-trial discovery for commercial cases are mandated under Sections/Schedules of THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015.

 

Hence, response for all States/UTs will be considered as N/A. 

3.        

333

Allow pre-trial conferences as part of case management techniques

N/A

Pre-trial conferences for commercial cases are mandated under Sections/Schedules of THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015.

 

Hence, response for all States/UTs will be considered as N/A. 

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