WP Db17 Public India
WP Db17 Public India
WP Db17 Public India
India
Economy Profile 2017
Doing Business 2017 India 2
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CONTENTS
Introduction .................................................................................................................................. 4
Starting a business ..................................................................................................................... 17
Dealing with construction permits ........................................................................................... 37
Getting electricity ....................................................................................................................... 64
Registering property .................................................................................................................. 77
Getting credit .............................................................................................................................. 93
Protecting minority investors ................................................................................................... 99
Paying taxes .............................................................................................................................. 107
Trading across borders ............................................................................................................ 115
Enforcing contracts .................................................................................................................. 123
Resolving insolvency ................................................................................................................ 133
Labor market regulation ......................................................................................................... 140
Distance to frontier and ease of doing business ranking .................................................... 148
Resources on the Doing Business website ............................................................................ 151
Doing Business 2017 India 4
INTRODUCTION
Doing Business sheds light on how easy or difficult it is provides data for other selected economies (comparator
for a local entrepreneur to open and run a small to economies) for each indicator. The data in this report are
medium-size business when complying with relevant current as of June 1, 2016 (except for the paying taxes
regulations. It measures and tracks changes in indicators, which cover the period January–December
regulations affecting 11 areas in the life cycle of a 2015).
business: starting a business, dealing with construction
The Doing Business methodology has limitations. Other
permits, getting electricity, registering property, getting
areas important to business—such as an economy’s
credit, protecting minority investors, paying taxes,
proximity to large markets, the quality of its
trading across borders, enforcing contracts, resolving
infrastructure services (other than those related to
insolvency and labor market regulation. Doing Business
trading across borders and getting electricity), the
2017 presents the data for the labor market regulation
security of property from theft and looting, the
indicators in an annex. The report does not present
transparency of government procurement,
rankings of economies on labor market regulation
macroeconomic conditions or the underlying strength of
indicators or include the topic in the aggregate distance
institutions—are not directly studied by Doing Business.
to frontier score or ranking on the ease of doing
The indicators refer to a specific type of business,
business.
generally a local limited liability company operating in
In a series of annual reports Doing Business presents the largest business city. Because standard assumptions
quantitative indicators on business regulations and the are used in the data collection, comparisons and
protection of property rights that can be compared benchmarks are valid across economies. The data not
across 190 economies, from Afghanistan to Zimbabwe, only highlight the extent of obstacles to doing business;
over time. The data set covers 48 economies in Sub- they also help identify the source of those obstacles,
Saharan Africa, 32 in Latin America and the Caribbean, 25 supporting policy makers in designing regulatory reform.
in East Asia and the Pacific, 25 in Eastern Europe and
More information is available in the full report. Doing
Central Asia, 20 in the Middle East and North Africa and
Business 2017 presents the indicators, analyzes their
8 in South Asia, as well as 32 OECD high-income
relationship with economic outcomes and presents
economies. The indicators are used to analyze economic
business regulatory reforms. The data, along with
outcomes and identify what reforms have worked, where
information on ordering Doing Business 2017, are
and why.
available on the Doing Business website at
This economy profile presents the Doing Business http://www.doingbusiness.org.
indicators for India. To allow useful comparison, it also
Doing Business 2017 India 5
As part of a three-year update in methodology, Doing having equal evidentiary weight of women’s testimony in
Business 2017 expands further by adding postfiling court.
processes to the paying taxes indicator, including a
Also for the first time this year Doing Business collects
gender component in three of the indicators and
data on Somalia, bringing the total number of
developing a new pilot indicator on selling to the
economies covered to 190.
government. Also, for the first time this year Doing
Business collects data on Somalia, bringing the total
For more details on the changes, see the “”Old and new
number of economies covered to 190.
factors covered in Doing Business” section in the
The paying taxes indicator is expanded this year to Overview chapter starting on page 1 of the Doing
include postfiling processes – those processes that occur Business 2017 report. For more details on the data and
after a firm complies with its regular tax obligations. methodology, please see the “Data Notes” chapter
These include tax refunds, tax audits and tax appeals. In starting on page 114 of the Doing Business 2017 report.
particular, Doing Business measures the time it takes to For more details on the distance to frontier metric,
get a value added tax (VAT) refund, deal with a simple please see the “Distance to frontier and ease of doing
mistake on a corporate tax return that can potentially business ranking” chapter in this profile.
trigger an audit and good practices with administrative
appeals process.
This year’s Doing Business report presents a gender
dimension in four of the indicator sets: starting a
business, registering property, enforcing contracts and
labor market regulation. Three of these areas are
included in the distance to frontier score and in the ease
of doing business ranking, while the fourth—labor
market regulation—is not.
Doing Business has traditionally assumed that the
entrepreneurs or workers discussed in the case studies
were men. This was incomplete by not reflecting
correctly the Doing Business processes as applied to
women—which in some economies may be different
from the processes applied to men. Starting this year,
Doing Business measures the starting a business process
for two case scenarios: one where all entrepreneurs are
men and one where all entrepreneurs are women. In
economies where the processes are more onerous if the
entrepreneur is a woman, Doing Business now counts the
extra procedures applied to roughly half of the
population that is female (for example, obtaining a
husband’s consent or gender-specific requirements for
opening a personal bank account when starting a
business). Within the registering property indicators, a
gender component has been added to the quality of
land administration index. This component measures
women’s ability to use, own, and transfer property
according to the law. Finally, within the enforcing
contracts indicator set, economies will be scored on
Doing Business 2017 India 6
Figure 1.2 How India and comparator economies rank on the ease of doing business
Note: The rankings are benchmarked to June 2016 and based on the average of each economy’s distance to frontier (DTF) scores
for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to
regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s
distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier.
For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities.
Source: Doing Business database.
Doing Business 2017 India 9
Figure 1.5 How far has India come in the areas measured by Doing Business?
Note: The distance to frontier score shows how far on average an economy is from the best performance achieved by any economy on
each Doing Business indicator. Starting a business is comparable to 2010. Getting credit, protecting minority investors, paying taxes and
resolving insolvency had methodology changes in 2014 and thus are only comparable to 2013. Dealing with construction permits,
registering property, trading across borders, enforcing contracts and getting electricity had methodology changes in 2015 and thus are
only comparable to 2014. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the
frontier). See the data notes starting on page 114 of the Doing Business 2017 report for more details on the distance to frontier score.
Source: Doing Business database.
Doing Business 2017 India 11
Russian Federation
Mumbai DB2017
Mexico DB2017
Indicator
China DB2017
Delhi DB2017
India DB2017
India DB2016
DB2017
DB2017
Starting a Business
155 151 -- -- 122 127 93 26 1 (New Zealand)
(Rank)
Procedure – Men
12.9 12.9 14.0 12.0 9.0 9.0 7.8 3.7 1.0 (New Zealand)
(number)
Time – Men (days) 26.0 28.0 26.0 26.0 19.5 28.9 8.4 9.8 0.5 (New Zealand)
Cost – Men (% of
13.8 14.3 16.5 11.4 13.8 0.7 17.8 1.0 0.0 (Slovenia)
income per capita)
Procedure – Women
12.9 12.9 14.0 12.0 9.0 9.0 7.8 3.7 1.0 (New Zealand)
(number)
Time – Women (days) 26.0 28.0 26.0 26.0 19.5 28.9 8.4 9.8 0.5 (New Zealand)
Cost – Women (% of
13.8 14.3 16.5 11.4 13.8 0.7 17.8 1.0 0.0 (Slovenia)
income per capita)
Russian Federation
Mumbai DB2017
Mexico DB2017
Indicator
China DB2017
Delhi DB2017
India DB2017
India DB2016
DB2017
DB2017
(Rank)
Dealing with
Construction Permits 32.83 32.83 35.06 30.86 61.60 48.52 69.79 65.86 87.40 (New Zealand)
(DTF Score)
Procedures (number) 35.1 35.1 42.0 29.0 14.2 22.0 13.0 13.7 7.0 (4 Economies*)
Time (days) 190.0 190.0 164.0 213.0 269.0 244.3 86.4 239.3 28.0 (Korea, Rep.)
Getting Electricity
26 51 -- -- 187 97 98 30 1 (Korea, Rep.)
(Rank)
Procedures (number) 5.0 5.0 5.0 5.0 9.0 5.5 6.8 3.0 3.0 (15 Economies*)
Time (days) 45.9 86.2 47.0 45.0 428.9 143.2 100.4 160.5 18.0 (Korea, Rep.*)
Registering Property
138 140 -- -- 185 42 101 9 1 (New Zealand)
(Rank)
Registering Property
50.00 49.97 51.73 48.48 27.58 76.15 61.05 90.55 94.46 (New Zealand)
(DTF Score)
Procedures (number) 7.0 7.0 7.0 7.0 8.0 4.0 7.7 3.0 1.0 (4 Economies*)
Doing Business 2017 India 13
Russian Federation
Mumbai DB2017
Mexico DB2017
Indicator
China DB2017
Delhi DB2017
India DB2017
India DB2016
DB2017
DB2017
Time (days) 46.8 46.8 46.5 47.0 244.0 19.5 42.1 15.0 1.0 (3 Economies*)
Cost (% of property
7.7 7.7 6.9 8.4 7.0 3.4 5.2 0.2 0.0 (Saudi Arabia)
value)
Depth of credit
7.0 7.0 7.0 7.0 0.0 8.0 8.0 7.0 8.0 (30 Economies*)
information index (0-8)
Protecting Minority
13 10 -- -- 70 123 53 53 1 (New Zealand*)
Investors (Rank)
Protecting Minority
73.33 73.33 73.33 73.33 56.67 45.00 60.00 60.00 83.33 (New Zealand*)
Investors (DTF Score)
Strength of minority
investor protection 7.3 7.3 7.3 7.3 5.7 4.5 6.0 6.0 8.3 (New Zealand)
index (0-10)
Extent of conflict of
interest regulation 6.7 6.7 6.7 6.7 6.3 5.0 6.0 5.0 9.3 (New Zealand)
index (0-10)
Extent of shareholder 8.0 8.0 8.0 8.0 5.0 4.0 6.0 7.0 8.3 (Norway)
governance index (0-
Doing Business 2017 India 14
Russian Federation
Mumbai DB2017
Mexico DB2017
Indicator
China DB2017
Delhi DB2017
India DB2017
India DB2016
DB2017
DB2017
10)
1 (United Arab
Paying Taxes (Rank) 172 172 -- -- 151 131 114 45
Emirates)
Time (hours per year) 241.0 243.0 241.0 241.0 435.0 259.0 286.0 168.0 55.0 (Luxembourg)
Time to export:
Documentary 38 41 58 21 147 21 8 25 1 (25 Economies*)
compliance (hours)
Cost to export:
Documentary 92 102 94 90 225 85 60 92 0 (19 Economies*)
compliance (USD)
Russian Federation
Mumbai DB2017
Mexico DB2017
Indicator
China DB2017
Delhi DB2017
India DB2017
India DB2016
DB2017
DB2017
Cost to import: Border
574 574 556 590 1294 777 450 1125 0 (28 Economies*)
compliance (USD)
Time to import:
Documentary 61 63 65 58 144 66 18 43 1 (29 Economies*)
compliance (hours)
Cost to import:
Documentary 135 145 129 140 370 171 100 153 0 (30 Economies*)
compliance (USD)
Enforcing Contracts
172 178 -- -- 189 5 40 12 1 (Korea, Rep.)
(Rank)
Enforcing Contracts
35.19 32.41 35.19 35.19 22.21 77.98 67.01 74.96 84.15 (Korea, Rep.)
(DTF Score)
Time (days) 1420.0 1420.0 1420.0 1420.0 1442.0 452.8 340.7 337.0 164.0 (Singapore)
Cost (% of claim) 39.6 39.6 39.6 39.6 66.8 16.2 33.0 16.5 9.0 (Iceland)
Quality of judicial
9.0 7.5 9.0 9.0 7.5 14.3 10.1 11.0 15.5 (Australia)
processes index (0-18)
Resolving Insolvency
136 135 -- -- 151 53 30 51 1 (Finland)
(Rank)
Resolving Insolvency
32.75 32.59 32.75 32.75 27.02 55.82 73.11 56.69 93.89 (Finland)
(DTF Score)
Time (years) 4.3 4.3 4.3 4.3 4.0 1.7 1.8 2.0 0.4 (22 Economies*)
Cost (% of estate) 9.0 9.0 9.0 9.0 8.0 22.0 18.0 9.0 1.0 (22 Economies*)
Strength of insolvency
6.0 6.0 6.0 6.0 4.0 11.5 11.5 11.5 15.0 (6 Economies*)
framework index (0-16)
time recorded among all economies in the DB2016 sample that levy the 3 major taxes: profit tax, labor taxes and mandatory
contributions, and VAT or sales tax. If an economy has no laws or regulations covering a specific area—for example, insolvency—it
receives a “no practice” mark. Similarly, an economy receives a “no practice” mark if regulation exists but is never used in practice or if a
competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the ranking on the
relevant indicator. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name
indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business
website (http://www.doingbusiness.org).
Doing Business 2017 India 17
STARTING A BUSINESS
Formal registration of companies has many WHAT THE STARTING A BUSINESS
immediate benefits for the companies and for
business owners and employees. Legal entities can INDICATORS MEASURE
outlive their founders. Resources are pooled as
several shareholders join forces to start a company. Procedures to legally start and operate a
Formally registered companies have access to company (number)
services and institutions from courts to banks as well
Preregistration (for example, name
as to new markets. And their employees can benefit
verification or reservation, notarization)
from protections provided by the law. An additional
benefit comes with limited liability companies. These Registration in the economy’s largest
limit the financial liability of company owners to their business city1
investments, so personal assets of the owners are not
Postregistration (for example, social security
put at risk. Where governments make registration
registration, company seal)
easy, more entrepreneurs start businesses in the
formal sector, creating more good jobs and Obtaining approval from spouse to start a
generating more revenue for the government. business, to leave the home to register the
company or open a bank account.
What do the indicators cover?
Obtaining any gender specific document for
Doing Business records all procedures officially
company registration and operation, national
required, or commonly done in practice, for an
identification card or opening a bank
entrepreneur to start up and formally operate an
account.
industrial or commercial business, as well as the time
and cost to complete these procedures and the paid- Time required to complete each procedure
in minimum capital requirement. These procedures (calendar days)
include obtaining all necessary licenses and permits Does not include time spent gathering
and completing any required notifications, information
verifications or inscriptions for the company and
employees with relevant authorities. The ranking of Each procedure starts on a separate day (2
economies on the ease of starting a business is procedures cannot start on the same day).
determined by sorting their distance to frontier Procedures that can be fully completed
scores for starting a business. These scores are the online are recorded as ½ day.
simple average of the distance to frontier scores for Procedure completed once final document is
each of the component indicators. received
To make the data comparable across economies, No prior contact with officials
several assumptions about the business and the
procedures are used. It is assumed that any required Cost required to complete each procedure
information is readily available and that the (% of income per capita)
entrepreneur will pay no bribes. Assumptions about Official costs only, no bribes
the business:
No professional fees unless services required
Is a limited liability company (or its legal by law or commonly used in practice
equivalent). If there is more than one type of
limited liability company in the economy, the Paid-in minimum capital (% of income
limited liability form most common among per capita)
domestic firms is chosen. Information on the Deposited in a bank or with a notary before
most common form is obtained from registration (or within 3 months)
incorporation lawyers or the statistical office.
Operates in the economy’s largest business
The size of the entire office space is
city. For 11 economies the data are also
approximately 929 square meters (10,000 square
collected for the second largest business city.
feet).
Is 100% domestically owned and has five
Doing Business 2017 India 18
owners, none of whom is a legal entity Does not qualify for investment incentives or any
special benefits.
Has start-up capital of 10 times income per
capita Has at least 10 and up to 50 employees one
month after the commencement of operations, all
Performs general commercial or industrial
of them domestic nationals.
activities, such as the production or sale to the
public of products or services. The business Has a turnover of at least 100 times income per
does not perform foreign trade activities and capita.
does not handle products subject to a special
Has a company deed 10 pages long.
tax regime, for example, liquor or tobacco. It is
not using heavily polluting production The owners:
processes. Have reached the legal age of majority and are
Leases the commercial plant or offices and is capable of making decisions as an adult. If there
not a proprietor of real estate. is no legal age of majority, they are assumed to
be 30 years old.
The amount of the annual lease for the office
space is equivalent to 1 times income per Are sane, competent, in good health and have no
capita criminal record.
Are married, the marriage is monogamous and
registered with the authorities.
Where the answer differs according to the legal
system applicable to the woman or man in
question (as may be the case in economies where
there is legal plurality), the answer used will be
the one that applies to the majority of the
population.
Doing Business 2017 India 19
STARTING A BUSINESS
Where does the economy stand today?
What does it take to start a business in India? According refer to a case scenario in the largest business city of an
to data collected by Doing Business, starting a business economy, except for 11 economies for which the data
there requires 12.9 procedures , takes 26.0 days, costs are a population-weighted average of the 2 largest
13.8% of income per capita for men, and requires 12.9 business cities. See the chapter on distance to frontier
procedures , takes 26.0 days, costs 13.8% of income per and ease of doing business ranking at the end of this
capita for women. A requirement of paid-in minimum profile for more details.
capital of 0.0% of income per capita (figure 2.1) is legally
.
mandatory for both men and women. Most indicator sets
STARTING A BUSINESS
Globally, India stands at 155 in the ranking of 190 average ranking provide other useful information for
economies on the ease of starting a business (figure 2.2). assessing how easy it is for an entrepreneur in India to
The rankings for comparator economies and the regional start a business.
Figure 2.2 How India and comparator economies rank on the ease of starting a business
STARTING A BUSINESS
Economies around the world have taken steps making it they often are part of a larger regulatory reform
easier to start a business—streamlining procedures by program. Among the benefits have been greater firm
setting up a one-stop shop, making procedures simpler satisfaction and savings and more registered businesses,
or faster by introducing technology and reducing or financial resources and job opportunities.
eliminating minimum capital requirements. Many have
What business registration reforms has Doing Business
undertaken business registration reforms in stages—and
recorded in India (table 2.1)?
Table 2.1 How has India made starting a business easier—or not?
By Doing Business report year from DB2011 to DB2017
DB year Reform
STARTING A BUSINESS
What are the details?
A Class-II Digital Signature Certificate can be obtained for either a INR 700 to INR
period of 1 year or a period of 2 years, and then needs to be renewed 2,500 per Digital
1 for another 1 or 2 years upon payment of renewal fees. Each agency has 1-3 days
Signature
its own fee structure, ranging from INR 700 to INR 2500. The cost will
Certificate
vary in accordance with the duration of the Digital Signature Certificate.
Once the Digital Signature Certificate is obtained, the authorized
personnel (directors/manager/secretary) are required to register the
same with MCA for statutory e-filing.
Time to
No. Procedure Cost to complete
complete
Time to
No. Procedure Cost to complete
complete
words proposed in the company's name does not exactly match any
existing company's name and the name does not consist of a single
word (other than private limited).
5. The name, if made available to the applicant, will be reserved for the
applicant to use for 60 days from the date of application. If the
proposed company is not incorporated during this 60-day period, the
approval will lapse and the name will be available to other applicants.
Fee schedule for a small company of paid-up share capital between INR
500,000 and INR 1,000,000:
- Filing of the Memorandum of Association: INR 2,000
- Filing fee for filing the Articles of association: INR 400
- Filing fee for Form INC-7: INR 400
- Filing fee for Form INC-22: INR 400
- Filing fee for Form DIR-12: INR 400
- Stamp duty: INR 100
- Stamp duty for Articles of Association: IINR 2,000 (INR 1,000 on every
INR 5 Lakhs of authorized capital or part thereof subject to a maximum
of 50 Lakhs of Stamp Duty)
- Stamp duty for Memorandum of Association: INR 200
Time to
No. Procedure Cost to complete
complete
required to be affixed by a director upon signing on behalf of the
company in order to file several applications relevant to business
startup. This includes but is not limited to opening a bank account,
application for registration with the Employee State Insurance
Corporation (ESIC) and application for a company Permanent Account
Numbers (PAN).
Under the Income Tax Act 1961, each person must quote his or her
permanent account number (PAN) for tax payment purposes and the
tax deduction and collection account number (TAN) for depositing tax
deducted at source. The PAN is a 10-digit alphanumeric number issued
on a laminated card by an assessing officer of the Income Tax
Department. Since 2003/04, UTI and NSDL have become the authorized
agencies that process PAN registration applications on behalf of the
Income Tax department. INR 93 plus service
6 7-10 days
tax
The applicant completes Form 49A (statutory form for applying for
PAN), pays the due fees of INR 93 (plus applicable taxes currently at
12.36%) either online or otherwise and submits the application form
together with proof of identity, proof of address and 2 recent
photographs to the authorized agent/designated service centers for
verification. After being allotted a PAN number, UTIISL or NSDL will
print the PAN card and deliver it to the applicant.
The company must open a bank account. The bank account details
must be provided by the company in various post-registration
7 applications, such as registrations for taxes. 2 days no charge
Agency: Bank
Time to
No. Procedure Cost to complete
complete
As per the Employees' State Insurance (General), Form 01 is the form 9 days,
required to be submitted by Employer for registration. The Employer simultaneous with
* 10 Code Number issued will be included in the "intimation letter" which is no charge
previous
sent by post to the employer. Employers can now submit application
procedure
online for registration under ESI Act on the ESIC website (www.esic.in).
Time to
No. Procedure Cost to complete
complete
after Employer’s registration. The Employer is responsible for
submitting the required Declaration Form and employees are
responsible for providing correct information to the employer.
Time to
No. Procedure Cost to complete
complete
1 to 5 employees: INR 360
6 to 10 employees: INR 720
11 to 20 employees: INR 1,200
21 to 50 employees: INR 2,400
51 to 100 employees: INR 4,200
101 or more: INR 5,400.
After applying for registration under the Shops and Establishments Act
by visiting the nearest Citizen Facilitation Center (CFC) of the Municipal
Corporation of Greater Mumbai to file the duly completed and signed
Form A, along with the required documents and fees, the application is 2-6 days,
assigned to and processed by Department Head (Sr.Inspector) at the simultaneous with
* 13 no charge
concerned Ward. previous
procedure
After site inspection and approval of the application the Registration
Certificate is issued to the applicant.
Time to
No. Procedure Cost to complete
complete
- proof of place of business: Proof of ownership of the premises namely,
copy of the property card or ownership deed or agreement with the
builder or any other relevant documents;
- copy of the PAN and/ or TAN;
- proof of residence of the signatory to the application;
- bank account number, bank and branch name, and blank cancelled
cheque leaf of the bank account.
Summary of time, cost and procedures for starting a business in India - Delhi
Time to
No. Procedure Cost to complete
complete
Obtain digital signature certificate online from private agency
authorized by the Ministry of Corporate Affairs (National)
As per Companies Act, 2013, the current procedure for obtaining DIN is
as detailed below. Every private limited company must have at least 2
directors, each would obtain a DIN number. 1 day INR 500 per DIN
2
Time to
No. Procedure Cost to complete
complete
2) Form DIR 3 has to be signed and submitted electronically by the
applicant using his or her own Digital Signature Certificate (DSC).
Time to
No. Procedure Cost to complete
complete
existing company's name and the name does not consist of a single
word (other than private limited).
5. The name, if made available to the applicant, will be reserved for the
applicant to use for 60 days from the date of application. If the
proposed company is not incorporated during this 60-day period, the
approval will lapse and the name will be available to other applicants.
Fee schedule for a small company of paid-up share capital between INR
500,000 and INR 1,000,000:
- Filing of the Memorandum of Association: INR 2,000
- Filing fee for filing the Articles of association: INR 400
- Filing fee for Form INC-7: INR 400
- Filing fee for Form INC-22: INR 400
- Filing fee for Form DIR-12: INR 400
- Stamp duty: INR 10
- Stamp duty for Articles of Association: IINR 1,483
- Stamp duty for Memorandum of Association: INR 200
As per the amendment to the Companies Act 2013, making a company 1 day
seal is no longer a legal requirement. However, making a company (simultaneous with
*5 INR 500-1,000
rubber stamp is still commonly used in practice. The stamp is normally previous
required to be affixed by a director upon signing on behalf of the procedure)
company in order to file several applications relevant to business
startup. This includes but is not limited to opening a bank account,
Doing Business 2017 India 33
Time to
No. Procedure Cost to complete
complete
application for registration with the Employee State Insurance
Corporation (ESIC) and application for a company Permanent Account
Numbers (PAN).
Under the Income Tax Act 1961, each person must quote his or her
permanent account number (PAN) for tax payment purposes and the
tax deduction and collection account number (TAN) for depositing tax
deducted at source. The PAN is a 10-digit alphanumeric number issued
on a laminated card by an assessing officer of the Income Tax
Department. Since 2003/04, UTI and NSDL have become the authorized
agencies that process PAN registration applications on behalf of the
Income Tax department. 7-10 days INR 93
6
The applicant completes Form 49A (statutory form for applying for
PAN), pays the due fees of INR 93 (plus applicable taxes currently at
12.36%) either online or otherwise and submits the application form
together with proof of identity, proof of address and 2 recent
photographs to the authorized agent/designated service centers for
verification. After being allotted a PAN number, UTIISL or NSDL will
print the PAN card and deliver it to the applicant.
The company must open a bank account. The bank account details
must be provided by the company in various post-registration
7 applications, such as registrations with taxes. 2 days no charge
Agency: Bank
Time to
No. Procedure Cost to complete
complete
by the Employee Provident Fund department, employers are required to
apply online for registering their establishment. The application portal
of the EPFO Official Website is www.epfindia.gov.in. Employers are
required to select ‘For Employers’, under ‘Our Services’ and then select
the fourth item, ‘Online Registration of Establishment (OLRE Portal)’ to
register their establishments. The OLRE portal was launched and made
available with effect from September 28, 2015.The required documents
are:
• Name of the Company/Establishment
• PAN Number
• Address
• Email Id
• Mobile Number
• Proof of Address (Bank Statement, Bill or Any License etc.)
• Date of Set up of Company
• Company Type (Proprietorship/Partnership/Private
Limited/Limited etc.)
• Each Owner Detail:
• Establishment is on Owned/Hired on rent
• Bank Details
a. IFS Code of the branch
b. Bank Name*
c. Bank Branch*
d. Account Number*
e. Account type*
• BRANCH DETAILS: IN CASE BRANCHES AT DIFFERENT
LOCATIONS
• Nature of Business (As per attached list of Primary Business
Activity)
Time to
No. Procedure Cost to complete
complete
Register for Value-Added Tax (VAT) at the Department of Trade
and Taxes, Government of NCT of Delhi (State)
Form DVAT 04: Application for Registration under Delhi Value Added
Tax Act, 2004 must be filed with Department of Trade and Taxes,
Government of NCT of Delhi. Online registration for VAT has been
introduced on April 30, 2015.
Time to
No. Procedure Cost to complete
complete
(b) the postal address of the establishment
(c) the name of the establishment,
(d) the category of the establishment, i.e. whether it is a
shop/commercial establishment
(e) the number of employees working in the establishment; and
(f) such other particulars as may be prescribed.
Doing Business records all procedures required for a Obtaining utility connections for water and
business in the construction industry to build a sewerage
warehouse along with the time and cost to complete Registering and selling the warehouse after its
each procedure. In addition, this year Doing Business completion
introduces a new measure, the building quality
Time required to complete each procedure
control index, evaluating the quality of building
(calendar days)
regulations, the strength of quality control and safety
mechanisms, liability and insurance regimes, and Does not include time spent gathering
professional certification requirements. information
The ranking of economies on the ease of dealing with Each procedure starts on a separate day.
Procedures that can be fully completed online
construction permits is determined by sorting their
are recorded as ½ day
distance to frontier scores for dealing with
construction permits. These scores are the simple Procedure considered completed once final
average of the distance to frontier scores for each of document is received
the component indicators. No prior contact with officials
To make the data comparable across economies, Cost required to complete each procedure (%
several assumptions about the construction of warehouse value)
company, the warehouse project and the utility
Official costs only, no bribes
connections are used.
Building quality control index (0-15)
Assumptions about the construction company
Sum of the scores of six component indices:
The construction company (BuildCo):
Quality of building regulations (0-2)
Is a limited liability company (or its legal
equivalent). Quality control before construction (0-1)
Operates in the economy’s largest business city. Quality control during construction (0-3)
For 11 economies the data are also collected for
Quality control after construction (0-3)
the second largest business city.
Is 100% domestically and privately owned. Liability and insurance regimes (0-2)
Has five owners, none of whom is a legal entity. Professional certifications (0-4)
Is fully licensed and insured to carry out
construction projects, such as building
warehouses.
The construction company (BuildCo) (continued):
Has 60 builders and other employees, all of them
nationals with the technical expertise and
Doing Business 2017 India 38
professional experience necessary to obtain Will be a new construction (there was no previous
construction permits and approvals. construction on the land), with no trees, natural
Has is a licensed architect and a licensed water sources, natural reserves or historical
engineer, both registered with the local monuments of any kind on the plot.
association of architects or engineers. BuildCo is Will have complete architectural and technical plans
not assumed to have any other employees who prepared by a licensed architect. If preparation of
are technical or licensed experts, such as the plans requires such steps as obtaining further
geological or topographical experts. documentation or getting prior approvals from
Has paid all taxes and taken out all necessary external agencies, these are counted as procedures.
insurance applicable to its general business Will include all technical equipment required to be
activity (for example, accidental insurance for fully operational.
construction workers and third-person liability). Will take 30 weeks to construct (excluding all delays
Owns the land on which the warehouse will be due to administrative and regulatory requirements).
built and will sell the warehouse upon its
completion. Assumptions about the utility connections
Is valued at 50 times income per capita.
The water and sewerage connections:
Will be 150 meters (492 feet) from the existing
Assumptions about the warehouse water source and sewer tap. If there is no water
delivery infrastructure in the economy, a borehole
The warehouse:
will be dug. If there is no sewerage infrastructure, a
Will be used for general storage activities,
septic tank in the smallest size available will be
such as storage of books or stationery. The
installed or built.
warehouse will not be used for any goods
Will not require water for fire protection reasons; a
requiring special conditions, such as food,
fire extinguishing system (dry system) will be used
chemicals or pharmaceuticals.
instead. If a wet fire protection system is required
Will have two stories, both above ground,
by law, it is assumed that the water demand
with a total constructed area of
specified below also covers the water needed for
approximately 1,300.6 square meters (14,000
fire protection.
square feet). Each floor will be 3 meters (9
Will have an average water use of 662 liters (175
feet, 10 inches) high.
gallons) a day and an average wastewater flow of
Will have road access and be located in the
568 liters (150 gallons) a day. Will have a peak
periurban area of the economy’s largest
water use of 1,325 liters (350 gallons) a day and a
business city (that is, on the fringes of the
peak wastewater flow of 1,136 liters (300 gallons) a
city but still within its official limits). For 11
day.
economies the data are also collected for the
Will have a constant level of water demand and
second largest business city.
wastewater flow throughout the year.
Will not be located in a special economic or
Will be 1 inch in diameter for the water connection
industrial zone. Will be located on a land plot
and 4 inches in diameter for the sewerage
of approximately 929 square meters (10,000
connection.
square feet) that is 100% owned by BuildCo
and is accurately registered in the cadastre
and land registry.
Doing Business 2017 India 39
Figure 3.1 What it takes to comply with formalities to build a warehouse in India - Mumbai
Doing Business 2017 India 40
Figure 3.2 How India and comparator economies rank on the ease of dealing with construction permits
Table 3.1 How has India made dealing with construction permits easier—or not?
By Doing Business report year from DB2011 to DB2017
DB year Reform
Time to
No. Procedure Cost to complete
complete
Greater Mumbai
5 1 day no charge
Agency: Storm Water and Drain Department, Municipal
Corporation of Greater Mumbai
Time to
No. Procedure Cost to complete
complete
Apply for no-objection certificate (NOC )from the Hydraulic
Engineer Department (water supply)
7 1 day no charge
Agency: Hydraulic Engineer Department, Municipal Corporation of
Greater Mumbai
Inspectors from the Tree Authority visit the site to check if there
are any trees located on the premises.
8 1 day no charge
Agency: Tree Authority, Municipal Corporation of Greater Mumbai
9 1 day no charge
Agency: Storm Water and Drain Department, Municipal
Corporation of Greater Mumbai
10 1 day no charge
Agency: Sewerage Department, Municipal Corporation of Greater
Mumbai
11 1 day no charge
Agency: Hydraulic Engineer Department, Municipal Corporation of
Greater Mumbai
Upon receipt of application for NOC, the Tree Authority will send
a Tree Officer to personally inspect the trees on the premise. The
Tree Officer then submits a report to the Tree Authority within a
period of 30 days from the receipt of the application. 30 days INR 4,500
12
Time to
No. Procedure Cost to complete
complete
Obtain NOC from the Storm Water and Drain Department
* 14 7 days no charge
Agency: Sewerage Department, Municipal Corporation of Greater
Mumbai
* 15 7 days no charge
Agency: Hydraulic Engineer Department, Municipal Corporation of
Greater Mumbai
All commercial structures require a fire safety clearance. 7 days INR 13,006
* 18
Time to
No. Procedure Cost to complete
complete
Time to
No. Procedure Cost to complete
complete
Obtain plinth commencement certificate from sub-engineer
and pay development charges
The commencement certificate is valid for four years in the 10 days INR 998,512
20
aggregate, but must be renewed before the expiry of one year
from the date it was issued if the work has not yet commenced.
Such renewal shall be for three consecutive terms of one year
each, after which the proposal would need to re-obtain
development permission.
Time to
No. Procedure Cost to complete
complete
But in order to do so, it is necessary to obtain a permit to start
building the superstructure.
24 1 day no charge
Agency: Storm Water and Drain Department, Municipal
Corporation of Greater Mumbai
* 25 1 day no charge
Agency: Sewerage Department, Municipal Corporation of Greater
Mumbai
BuildCo must visit the ward office and submit a written request
for a water and sewerage connection. The connection request
must be submitted along with a copy of the building plans.
* 26 1 day no charge
* 27 1 day no charge
Agency: Roads & Traffic Department, Municipal Corporation of
Greater Mumbai
* 28 1 day no charge
Agency: Chief Fire Office, Municipal Corporation of Greater
Mumbai
Doing Business 2017 India 50
Time to
No. Procedure Cost to complete
complete
Receive inspection from Storm Water and Drain Department
* 30 1 day no charge
Agency: Sewerage Department, Municipal Corporation of Greater
Mumbai
* 32 1 day no charge
Agency: Roads &Traffic Department, Municipal Corporation of
Greater Mumbai
* 33 1 day no charge
Agency: Chief Fire Office, Municipal Corporation of Greater
Mumbai
Doing Business 2017 India 51
Time to
No. Procedure Cost to complete
complete
Obtain completion NOC from Storm Water and Drain
Department
34 3 days no charge
Agency: Storm Water and Drain Department, Municipal
Corporation of Greater Mumbai
* 35 3 days no charge
Agency: Sewerage Department, Municipal Corporation of Greater
Mumbai
* 36 3 days no charge
Agency: Roads & Traffic Department, Municipal Corporation of
Greater Mumbai
* 37 This NOC may be requested and obtained online, but it still takes 3 days INR 6,503
several days to receive.
38 The owner, through a licensed plumber, shall furnish a drainage 1 day no charge
completion certificate to the Commissioner to certify that the
works were completed according to approved drainage plans.
The licensed surveyor, engineer, or architect who has supervised
the construction shall furnish a building completion certificate to
Doing Business 2017 India 52
Time to
No. Procedure Cost to complete
complete
the Commissioner works to certify that the building has not
deviated from the approval plans. This shall be accompanied by
three sets of plans of the completed development. Following the
reception of both certificates of completion the Commissioner
shall inspect the work, and after satisfying himself that there is
no deviation from the approved plans, issue a certificate of
acceptance of the completion of the work.
39 1 day no charge
Agency: Building Proposal Office, Municipal Corporation of
Greater Mumbai
Once the occupancy certificate has been issued, the final plans
are stamped by the Building Proposal Office, the final plans are
stamped by the Building Proposal Office and one copy is
40 forwarded to the Hydraulic Engineer (Water) Department. 14 days no charge
41 14 days no charge
Agency: Hydraulic Engineer Department, Municipal Corporation of
Greater Mumbai
42 14 days no charge
Agency: Building Proposal Office, Municipal Corporation of
Greater Mumbai
Summary of time, cost and procedures for dealing with construction permits in India - Delhi
Time to
No. Procedure Cost to complete
complete
Obtain a certified copy of the property record
Time to
No. Procedure Cost to complete
complete
Muncipal Corporation of Delhi). A feasibility report is developed. If the
water can be spared for the project then a connection and ferrule size is
designed by the planning office as per the feasibility report. If there is
not enough water, then plans will be approved through other sources
of water such as through a tube well. The plans are then approved by
the DJB. Once the fees for the Infrastructure Fund are paid, the DDA
may begin construction on the water and sewer lines.
The fees for the Infrastructure Fund are only paid by large agencies,
group housing, hospitals, schools, and commercial complexes and
institutions.
Time to
No. Procedure Cost to complete
complete
As of December 2013, the cost for building permits are INR 5 per
square meter for buildings less than 50 square meters, and INR 10 per
square meter for buildings greater than 50 square meters. BuildCo must
also pay cess charges of 1% of the cost of construction. Cess charges
are paid to the Municipal Corporation of Delhi, who will transfer the
charges to the Labor Welfare Department of Government of NCT Delhi.
*8 1 day no charge
Agency: Electric Department, Municipal Corporation of Delhi
*9 14 days no charge
Agency: Municipal Corporation of Delhi
Doing Business 2017 India 56
Time to
No. Procedure Cost to complete
complete
Receive inspection from the Electricity Department
* 10 1 day no charge
Agency: Electric Department, Municipal Corporation of Delhi
The builder must complete Form No.1 as prescribed under the Delhi
Factories Rules (1950) and send it to the Director of Factories with the
following documents:
When the building company applies for the Building Permit, the
building plans and Land Ownership Permit are sent to the District
Forest Office from Forest Department of Government NCT of Delhi.
Permission to fell trees is regulated under provisions of Delhi Tree
Preservation Act 1994, which stipulates that 10 trees must be replanted 7 days no charge
* 12
for every 1 tree cut. The Act gives the District Forest Office 60 days to
issue the No Objection Certificate but it is generally cleared in 1 week.
Assuming the building company does not have to cut trees, it will not
require the No Objection Certificate from District Forest Office after
construction.
Time to
No. Procedure Cost to complete
complete
* 13 14 days no charge
Agency: Fire Department
* 14 1 day no charge
Agency: Municipal Corporation of Delhi
15 1 day no charge
Agency: Municipal Corporation of Delhi
BuildCo must notify the MCD 7 days before beginning construction. 1 day no charge
16
BuildCo must notify the MCD of the completion of the plinth level,
including a copy of a valid certificate of the building plans. MCD
18 inspects the construction and submits any objections, if necessary. 1 day no charge
Mandatory inspections are carried out at two stages: at plinth level and
at completion. Routine inspections may be carried in between and the
Municipal Corporation of Delhi reserves the right to inspect the
premises before, during and after the construction.
Doing Business 2017 India 58
Time to
No. Procedure Cost to complete
complete
BuildCo must notify the MCD of the completion of the plinth level,
including a copy of a valid certificate of the building plans. MCD
inspects the construction and submits any objections, if necessary.
Mandatory inspections are carried out at two stages: at plinth level and
19 at completion. Routine inspections may be carried in between and the 1 day INR 15
Municipal Corporation of Delhi reserves the right to inspect the
premises before, during and after the construction.
This certificate certifies that the construction has reached the plinth
level and that it has been inspected and the construction can continue
20 with the superstructure. 22 days no charge
Time to
No. Procedure Cost to complete
complete
25 10 days no charge
Agency: Fire Department
Time to
No. Procedure Cost to complete
complete
Sanction from Delhi Jal Board
6. Structural-stability Certificate signed by the licensed
architect/engineer along with the structural drawings
7. Certificate of licensed architect/engineer or supervisor
8. Extension of time from the lessor if required
9. Rain Water-Harvesting Certificate in case of plot size more than 100
square meters signed by the licensed architect and owner
10. Affidavit/Undertaking of licensed architect/engineer or supervisor
(as the case may be)
11. Affidavit of owner
12. A statement indicating deviations that are carried out and
compounding fee payable
The building quality control index is the sum of the The index ranges from 0 to 15, with higher values
scores on the quality of building regulations, quality indicating better quality control and safety mechanisms in
control before construction, quality control during the construction permitting system.
construction, quality control after construction,
The indicator is based on the same case study
liability and insurance regimes, and professional
assumptions as the measures of efficiency.
certifications indices.
Table 3.3 Summary of time quality control and safety mechanisms in India
Answer Score
Answer (Delhi) Score (Delhi)
(Mumbai) (Mumbai)
Licensed Licensed
Which third-party entities are required by law to verify
architect; architect;
that the building plans are in compliance with existing
Licensed Licensed
building regulations? (0-1)
engineer. engineer.
List of 1.0
List of
required
required
documents;
Which requirements for obtaining a building permit are documents;
Fees to be
clearly specified in the building regulations or on any Fees to be 1.0
paid;
accessible website, brochure or pamphlet? (0-1) paid;
Required
Required
preapproval
preapprovals.
s.
Answer Score
Answer (Delhi) Score (Delhi)
(Mumbai) (Mumbai)
during during
constructio construction.
n.
Final 1.0
Final
inspection
Do legally mandated final inspections occur in practice? inspection
always 1.0
(0-1) always occurs
occurs in
in practice.
practice.
Which parties (if any) are held liable by law for structural . 0.0 No party is
flaws or problems in the building once it is in use (Latent held liable 0.0
Defect Liability or Decennial Liability)? (0-1) under the law.
No party is 0.0
Which parties (if any) are required by law to obtain an No party is
required by
insurance policy to cover possible structural flaws or required by
law to 0.0
problems in the building once it is in use (Latent Defect law to obtain
obtain
Liability Insurance or Decennial Insurance)? (0-1) insurance .
insurance .
Answer Score
Answer (Delhi) Score (Delhi)
(Mumbai) (Mumbai)
architect or architect or
engineer. engineer.
Minimum 2.0
number of
years of
experience; Minimum
University number of
degree in years of
engineering experience;
What are the qualification requirements for the , University
professional who supervises the construction on the constructio degree in 1.0
ground? (0-2) n or engineering,
constructio construction
n or
manageme construction
nt; Being a management.
registered
architect or
engineer.
Source: Doing Business database.
Doing Business 2017 India 64
GETTING ELECTRICITY
Access to reliable and affordable electricity is vital for WHAT THE GETTING ELECTRICITY
businesses. To counter weak electricity supply, many
firms in developing economies have to rely on self- INDICATORS MEASURE
supply, often at a prohibitively high cost. Whether
electricity is reliably available or not, the first step for Procedures to obtain an electricity connection
a customer is always to gain access by obtaining a (number)
connection.
Submitting all relevant documents and
What do the indicators cover? obtaining all necessary clearances and permits
Doing Business records all procedures required for a Completing all required notifications and
local business to obtain a permanent electricity receiving all necessary inspections
connection and supply for a standardized warehouse, Obtaining external installation works and
as well as the time and cost to complete them. These possibly purchasing material for these works
procedures include applications and contracts with
Concluding any necessary supply contract and
electricity utilities, clearances from other agencies
obtaining final supply
and the external and final connection works. In
addition, this year Doing Business adds two new Time required to complete each procedure
measures: the reliability of supply and transparency (calendar days)
of tariffs index (included in the aggregate distance to Is at least 1 calendar day
frontier score and ranking on the ease of doing
Each procedure starts on a separate day
business) and the price of electricity (omitted from
these aggregate measures). The ranking of Does not include time spent gathering
economies on the ease of getting electricity is information
determined by sorting their distance to frontier Reflects the time spent in practice, with little
scores for getting electricity. These scores are the follow-up and no prior contact with officials
simple average of the distance to frontier scores for Cost required to complete each procedure (%
each of the component indicators. To make the data of income per capita)
comparable across economies, several assumptions
are used. Official costs only, no bribes
Excludes value added tax
Assumptions about the warehouse
The reliability of supply and transparency of
The warehouse: tariffs index
Is owned by a local entrepreneur. Sum of the scores of six component indices:
Is located in the economy’s largest business city. Duration and frequency of outages
For 11 economies the data are also collected for
Tools to monitor power outages
the second largest business city.
Tools to restore power supply
Is located in an area where similar warehouses
are typically located. In this area a new electricity Regulatory monitoring of utilities’ performance
connection is not eligible for a special investment Financial deterrents aimed at limiting outages
promotion regime (offering special subsidization Transparency and accessibility of tariffs
or faster service, for example). Price of electricity (cents per kilowatt-hour)*
Is located in an area with no physical constraints.
For example, the property is not near a railway. Price based on monthly bill for commercial
warehouse in case study
Is a new construction and is being connected to
electricity for the first time. *Price of electricity is not included in the
calculation of distance to frontier nor ease of
doing business ranking
GETTING ELECTRICITY
Where does the economy stand today?
What does it take to obtain a new electricity connection business city of an economy, except for 11 economies for
in India? According to data collected by Doing Business, which the data are a population-weighted average of the
getting electricity there requires 5.0 procedures, takes 2 largest business cities. See the chapter on distance to
45.9 days and costs 133.2% of income per capita (figure frontier and ease of doing business ranking at the end of
4.1). this profile for more details.
Most indicator sets refer to a case scenario in the largest
GETTING ELECTRICITY
Globally, India stands at 26 in the ranking of 190 average ranking provide another perspective in assessing
economies on the ease of getting electricity (figure 4.2). how easy it is for an entrepreneur in India to connect a
The rankings for comparator economies and the regional warehouse to electricity.
Figure 4.2 How India and comparator economies rank on the ease of getting electricity
GETTING ELECTRICITY
Obtaining an electricity connection is essential to enable ensure safety in the connection process while keeping
a business to conduct its most basic operations. In many connection costs reasonable, governments around the
economies the connection process is complicated by the world have worked to consolidate requirements for
multiple laws and regulations involved—covering service obtaining an electricity connection. What reforms in
quality, general safety, technical standards, procurement getting electricity has Doing Business recorded in India
practices and internal wiring installations. In an effort to (table 4.1)?
Table 4.1 How has India made getting electricity easier—or not?
By Doing Business report year from DB2011 to DB2017
DB year Reform
GETTING ELECTRICITY
What are the details?
The indicators reported here for India are based on a set
OBTAINING AN ELECTRICITY CONNECTION*
of specific procedures—the steps that an entrepreneur
must complete to get a warehouse connected to
electricity by the local distribution utility—identified by
Doing Business. Data are collected from the distribution
utility, then completed and verified by electricity
regulatory agencies and independent professionals such Name of utility - TATA Power Delhi
as electrical engineers, electrical contractors and Delhi: Distribution Limited
construction companies. The electricity distribution utility
surveyed is the one serving the area (or areas) in which Name of utility - Bhrihan Mumbai
warehouses are located. If there is a choice of Mumbai: Electricity & Transport
distribution utilities, the one serving the largest number Undertaking
of customers is selected.
Price of electricity
(US cents per kWh) - 16.0
The procedures are those that apply to a warehouse and
Delhi:
electricity connection matching the standard
assumptions used by Doing Business in collecting the
data (see the section in this chapter on what the Price of electricity
indicators cover). The procedures, along with the (US cents per kWh) - 25.5
associated time and cost, are summarized below. Mumbai:
Table 4.2 Summary of time, cost and procedures for getting electricity in India
Time to
No. Procedure Cost to complete
complete
Submit application to utility (BEST) and await site inspection
Time to
No. Procedure Cost to complete
complete
Agency: Brihan Mumbai Electricity Supply and Transport Undertaking
(BEST)
Consumers supplied with low and medium voltage electrical energy shall
provide and maintain an enclosure with a dry masonry wall not less than
250 millimeters thick or such other structure as may be approved by the
Utility on which the utility's meter boards and service cutouts shall be
*2 supported and shall provide and maintain adequate protection for the 7 calendar days INR 8,000
meter board from ingress of water, tampering and mechanical damage.
The consumer's mains shall in all cases, be brought to the Utility's point
of supply.
Agency: Customer
The connection cost is standard for connections between 100 KW - 150 1 calendar day INR 60,000
4
KW. As required by Rule 45 of the Indian Electricity Rules, 1956, no
electrical installation work (including additions, alterations, repairs and
adjustment to existing installation) except such replacements of lamps,
fans, fuses, switches and other component parts of the installation, as in
Doing Business 2017 India 72
Time to
No. Procedure Cost to complete
complete
no way alters the capacity and character of the installation, shall be
carried out upon the premises on behalf of any consumer or owner for
the purposes of supply of energy to such consumer or owner, except by
an Electrical Contractor Licensed by Government in this behalf and under
the direct supervision of a person holding a certificate of competency,
issued by Government. As soon as the consumer's installation is
completed in all respects and tested by the consumer’s contractor, the
consumer must submit to BEST a wiring contractor's work Terms &
Conditions of Supply completion and test report.
Summary of time, cost and procedures for getting electricity in India - Delhi
Time to
No. Procedure Cost to complete
complete
Submit application to Tata Power Delhi Distribution Ltd. and await
site inspection
To apply for a new connection, customer must fill in the basic details in
1 the Form at http://www.ndpl.com to generate a New Connection 3 calendar days INR 53,400
Request Notification Number. After customer fills the form and submits
it, customer will receive a call from Sampark Kendra within 48 hour, who
will provide customer the details of the documents to be submitted and
information regarding nearest location for submission of documents.
Doing Business 2017 India 73
Time to
No. Procedure Cost to complete
complete
Customer can also call TPDDL on the 24 hour Sampark Kendra 66404040,
for initiating the new connection process. However, customers are
mandated to visit one Document Submission Centers along with the
necessary documents to initiate the new connection process. New
Connection Request Notification will be cancelled if the documents are
not submitted within 3 working days.
Consumers supplied with low and medium voltage electrical energy shall
provide and maintain an enclosure with a dry masonry wall not less than
250 millimeters thick or such other structure as may be approved by
TPDDL on which TPDDL’s meter boards and service cutouts shall be
*2 supported and shall provide and maintain adequate protection for the 7 calendar days INR 100,000
meter board from ingress of water, tampering and mechanical damage.
The consumer's mains shall in all cases, be brought to TPDDL's point of
supply.
Receive external site inspection from Tata Power and await estimate
Time to
No. Procedure Cost to complete
complete
GETTING ELECTRICITY
Reliability of supply and transparency of tariffs index
The reliability of supply and transparency of tariffs Doing Business uses the system average interruption
index encompasses quantitative data on the duration duration index (SAIDI) and the system average
and frequency of power outages as well as interruption frequency index (SAIFI) to measure the
qualitative information on the mechanisms put in duration and frequency of power outages in the largest
place by the utility for monitoring power outages business city of each economy (for 11 economies the data
and restoring power supply, the reporting are also collected for the second largest business city).
relationship between the utility and the regulator for SAIDI is the average total duration of outages over the
power outages, the transparency and accessibility of course of a year for each customer served, while SAIFI is
tariffs and whether the utility faces a financial the average number of service interruptions experienced
deterrent aimed at limiting outages (such as a by a customer in a year. Annual data (covering the
requirement to compensate customers or pay fines calendar year) are collected from distribution utility
when outages exceed a certain cap). companies and national regulators on SAIDI and SAIFI.
Both SAIDI and SAIFI estimates include load shedding.
The index ranges from 0 to 8, with higher values
indicating greater reliability of electricity supply and
greater transparency of tariffs.
www.bestund
http://tatap
ertaking.com
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-Electric
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REGISTERING PROPERTY
Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY
Effective administration of land is part of that. If
INDICATORS MEASURE
formal property transfer is too costly or
complicated, formal titles might go informal again.
And where property is informal or poorly Procedures to legally transfer title on
administered, it has little chance of being accepted immovable property (number)
as collateral for loans—limiting access to finance. Preregistration (for example, checking for liens,
notarizing sales agreement, paying property
What do the indicators cover?
transfer taxes)
Doing Business records the full sequence of Registration in the economy’s largest business
procedures necessary for a business to purchase city2
property from another business and transfer the
property title to the buyer’s name. The transaction is Postregistration (for example, filing title with
the municipality)
considered complete when it is opposable to third
parties and when the buyer can use the property, Time required to complete each procedure
use it as collateral for a bank loan or resell it. In (calendar days)
addition, this year Doing Business adds a new
Does not include time spent gathering
measure to the set of registering property information
indicators, an index of the quality of the land
administration system in each economy. The Each procedure starts on a separate day.
ranking of economies on the ease of registering Procedures that can be fully completed online
are recorded as ½ day.
property is determined by sorting their distance to
frontier scores for registering property. These scores Procedure considered completed once final
are the simple average of the distance to frontier document is received
scores for each of the component indicators. To No prior contact with officials
make the data comparable across economies,
several assumptions about the parties to the Cost required to complete each procedure
transaction, the property and the procedures are (% of property value)
used. Official costs only, no bribes
The parties (buyer and seller): No value added or capital gains taxes included
Are limited liability companies, 100% Quality of land administration index (0-30)
domestically and privately owned and perform
. The parties (buyer and seller):
general commercial activities in the economy’s
largest business city. Are limited liability companies, 100% domestically
and privately owned and perform general
Have 50 employees each, all of whom are
commercial activities in the economy’s largest
nationals.
business city.
The property (fully owned by the seller):
Have 50 employees each, all of whom are nationals.
Has a value of 50 times income per capita. The
The property (fully owned by the seller):
sale price equals the value and entire property
will be transferred. Has a value of 50 times income per capita. The sale
price equals the value and entire property will be
Is registered in the land registry or cadastre, or
transferred.
both, and is free of title disputes.
Is registered in the land registry or cadastre, or both,
Is located in a periurban commercial zone, and no
and is free of title disputes.
rezoning is required.
Doing Business 2017 India 78
REGISTERING PROPERTY
Where does the economy stand today?
What does it take to complete a property transfer in Most indicator sets refer to a case scenario in the largest
India? According to data collected by Doing Business, business city of an economy, except for 11 economies for
registering property there requires 7.0 procedures, takes which the data are a population-weighted average of the
46.8 days and costs 7.7% of the property value (figure 2 largest business cities. See the chapter on distance to
5.1). The score on the quality of land administration frontier and ease of doing business ranking at the end of
index is 7.0 this profile for more details.
REGISTERING PROPERTY
Globally, India stands at 138 in the ranking of 190 regional average ranking provide other useful
economies on the ease of registering property (figure information for assessing how easy it is for an
5.2). The rankings for comparator economies and the entrepreneur in India to transfer property.
Figure 5.2 How India and comparator economies rank on the ease of registering property
REGISTERING PROPERTY
What are the details?
The indicators reported here are based on a set of
STANDARD PROPERTY TRANSFER
specific procedures—the steps that a buyer and seller
must complete to transfer the property to the buyer’s
name—identified by Doing Business through
information collected from local property lawyers, Property value: 5114479.2
notaries and property registries. These procedures
are those that apply to a transaction matching the City: Mumbai, Delhi
standard assumptions used by Doing Business in
collecting the data (see the section in this chapter on
what the indicators cover). The procedures, along
with the associated time and cost, are summarized
below.
Table 5.2 Summary of time, cost and procedures for registering property in India Mumbai
Time to
No. Procedure Cost to complete
complete
Conduct a title search at the office of Sub-Registrar of Assurance
(1) the legal ownership document (i.e. the title document) is in the name
of the owner and is duly stamped and registered before the concerned
sub-registrar of assurances.
(2) that on the date of purchase the title of the owner for the preceding
30 years (preferably) shows no mortgage or other encumbrance as still
existing on the date of purchase,
(3) the property is transferable and heritable,
(4) the transferor is competent and/or authorized to transfer the 7 days
property, (simultaneous
1 INR 15,000-20,000
(5) the transferee is qualified to be a transferee, with procedures 2
(6) the object or consideration for the transfer is lawful, and 3)
(7) the transfer has been made and completed in the manner prescribed
by law.
Also, all papers with regard to payment of taxes, the electricity bills and
water bills need to be checked.
If the seller is a Company incorporated under the provisions of the
Companies Act, 2013 then it is prudent to take search in the office of the
Registrar of Companies to verify whether there is any charge on the
property registered under the provisions of Section 81 of the Companies
Act, 2013.
Time to
No. Procedure Cost to complete
complete
The lawyer prepares the final sale deed and then engrosses the
document on green paper leaving the date and place blank. This About 1% of the
document is then submitted for stamping. The fee for the lawyer varies 7 days property value
4
from transaction to transaction.
(About INR 45,000)
Agency: Lawyer
Pay Stamp Duty on the final Sale Deed through franking at the
designated bank.
Since December 2013 stamp duty and registration fees through Less than a day
electronic secured bank treasury receipt (eSBTR)—an online payment 5% of property
5 (online
service available round-the-clock has been implemented in Mumbai and value
procedure)
entire Maharashtra.Under this system, a customer can log onto the
website of the authorized bank, click the link for payment of stamp
duty/registration fees, enter the necessary details and pay the duty
through the internet banking account. With the printout as proof of the
Doing Business 2017 India 83
Time to
No. Procedure Cost to complete
complete
online payment, the customer can walk into the nominated branches of
the bank to get the eSBTR. The eSBTR is a receipt with security features,
which has been designed by India Security Press, Nashik.
“Alternatively, there is also a facility to make the data entry online and
make the payment in bank branches. The sub-registrar then has to
register the documents attached with the receipt.
3) ESBTR (Electronic Bank and Treasury Receipt) - Few banks have been
authorised to issue ESBTR. Banks accept payment by various modes and
then issue these ESBTRs.
Execute final sale deed and submit documents to the local office of
the Sub-Registrar of Assurances
Time to
No. Procedure Cost to complete
complete
computer service charges in cash, as per the receipt, the document is
returned within 30 minutes of getting the receipt.
Apply to the Land & Survey Office for mutation of the tile of the
property
INR 750
(Application fee of
An application for mutation of the title of the property will have to be
made to the City Survey and Land Records office for seeking mutation of
INR 100; stamp
the title of the property in the name of the purchaser. The authorised duty on the
signatory has to submit the duly signed application along with the Indemnity Bond of
7 affidavit, indemnity bond and a notarised copy of the registered Sale 30 days INR 500, stamp
Deed. After the assessment of the request for mutation, the City Survey duty of INR 100 on
and Land Records office decides the value of the tax on the property and the Affidavit in the
issues a letter of mutation in favour of the purchaser. prescribed form
and notary fees of
Agency: Land & Survey Office INR 50)
Summary of time, cost and procedures for registering property in India Delhi
Time to
No. Procedure Cost to complete
complete
Doing Business 2017 India 85
Time to
No. Procedure Cost to complete
complete
Conduct title search at the sub-registrar office
Request all records regarding payment of local property taxes and any
other possible municipal dues, for pick-up a week later, to ensure that 7 days
the owner of the property is in good standing with municipal authorities (simultaneous
*2 INR 200
with procedures 1
Agency: North Delhi Municipal Corporation, South Delhi Municipal
and 3)
Corporation, East Delhi Municipal Corporation (depending on the location
of the property)
The lawyer prepares the final sale deed and then engrosses the
document on green paper leaving the date and place blank. This 1% of the property
4 document is then submitted for stamping. The fee for the lawyer varies 7 days
value
from transaction to transaction.
Agency: Lawyer
Doing Business 2017 India 86
Time to
No. Procedure Cost to complete
complete
Pay Stamp Duty on the final Sale Deed through e-stamp paper at
the designated bank.
Agency: Bank
Execute final sale deed and submit documents to the local office of
the Sub-Registrar of Assurances
Time to
No. Procedure Cost to complete
complete
Apply to the Land & Survey Office for mutation of the tile of the
property
INR 450
An application for mutation of the title of the property will have to be
(Application fee of
made to the Sub-Registrar office office for seeking mutation of the title
of the property in the name of the purchaser. The authorised signatory
INR 100; stamp
has to submit the duly signed application along with the affidavit, duty on the
indemnity bond and a notarised copy of the registered Sale Deed. After Indemnity Bond of
7 the assessment of the request for mutation, the Sub-Registrar office 30 days INR 200, stamp
decides the value of the tax on the property and issues a letter of duty of INR 100 on
mutation in favour of the purchaser. Cost included application fee of INR the Affidavit in the
100; stamp duty on the Indemnity Bond of INR 200, stamp duty of INR prescribed form
100 on the Affidavit in the prescribed form and notary fees of INR 50. and notary fees of
INR 50)
Agency: Land & Survey Office
REGISTERING PROPERTY
Quality of land administration
The quality of land administration index is the sum of If private sector entities were unable to register property
the scores on the reliability of infrastructure, transfers in an economy between June 2014 and June
transparency of information, geographic coverage 2015, the economy receives a “no practice” mark on the
and land dispute resolution indices. procedures, time and cost indicators. A “no practice”
economy receives a score of 0 on the quality of land
The index ranges from 0 to 30, with higher values
administration index even if its legal framework includes
indicating better quality of the land administration
provisions related to land administration.
system.
Office of
What is the institution in charge of immovable Sub-Registrar
Sub-
property registration? office
Registrar
Anyone
Who is able to obtain information on land ownership at Anyone who
who pays
the agency in charge of immovable property pays the 1.0 1.0
the official
registration in the largest business city? official fee
fee
www.igrmaha
rashtra.gov.in
under the
http://www.
heading
delhi.gov.in
'Activities'
/wps/wcm/
and sub
connect/Do
heading
IT_DCNORT
'Document
Link for online access: H/dcnorth/
Registration'
publicservic
http://www.ig
esslinks/reg
rmaharashtra.
istration+of
gov.in/SB_AC
+document
TIVITES/activi
s
tes_DocRegis
tration.aspx
www.igrmaha
rashtra.gov.in
under the
http://www.
heading
delhi.gov.in
'Publications'
/wps/wcm/
and sub
connect/do
heading 'Fee
it_revenue/
Link for online access: Structure'
Revenue/H
http://www.ig
ome/Servic
rmaharashtra.
es/Property
gov.in/SB_PU
+Registrati
BLICATION/D
on
ATA/Registrat
ion%20fee%2
0table.pdf
Does the agency in charge of immovable property Yes, online 0.5 Yes, in 0.0
Doing Business 2017 India 90
www.igrmaha
rashtra.gov.in
under the
heading
Citizen's
Charter
Link for online access:
http://www.ig
rmaharashtra.
gov.in/SB_CIT
IZENAREA/citi
zenArea_CC_
pdf.aspx
Contact information:
Only Only
intermediarie intermediar
Who is able to consult maps of land plots in the largest
s and 0.0 ies and 0.0
business city?
interested interested
parties parties
Lawyer; Lawyer;
If yes, who is responsible for checking the legality of
Interested Interested
the documents?
Parties. Parties.
GETTING CREDIT
Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS
credit and improve its allocation: credit information
MEASURE
systems and borrowers and lenders in collateral and
bankruptcy laws. Credit information systems enable
lenders to view and consider a potential borrower’s Strength of legal rights index (0–12)
financial history (positive or negative) when assessing Rights of borrowers and lenders through
risk and they allow borrowers to establish a good collateral laws
credit history that will facilitate their access to credit. Protection of secured creditors’ rights through
Sound collateral laws enable businesses to use their bankruptcy laws
assets, especially movable property, as security to
generate capital—while strong creditors’ rights have Depth of credit information index (0–8)
been associated with higher ratios of private sector Scope and accessibility of credit information
credit to GDP. distributed by credit bureaus and credit
registries
What do the indicators cover?
Credit bureau coverage (% of adults)
Doing Business assesses the sharing of credit
information and the legal rights of borrowers and Number of individuals and firms listed in
lenders with respect to secured transactions through largest credit bureau as percentage of adult
2 sets of indicators. The depth of credit information population
index measures rules and practices affecting the Credit registry coverage (% of adults)
coverage, scope and accessibility of credit
Number of individuals and firms listed in
information available through a credit registry or a
credit registry as percentage of adult
credit bureau. The strength of legal rights index
population
measures whether certain features that facilitate
lending exist within the applicable collateral and
bankruptcy laws. Doing Business uses two case
scenarios, Case A and Case B, to determine the scope
of the secured transactions system, involving a Has up to 50 employees.
secured borrower and a secured lender and Is 100% domestically owned, as is the lender.
examining legal restrictions on the use of movable
collateral (for more details on each case, see the Data The ranking of economies on the ease of getting credit
Notes section of the Doing Business 2017 report). is determined by sorting their distance to frontier
These scenarios assume that the borrower: scores for getting credit. These scores are the distance
to frontier score for the strength of legal rights index
Is a domestic limited liability company. and the depth of credit information index.
Has its headquarters and only base of operations
in the largest business city. For the 11 economies
with a population of more than 100 million, data
for a second city have been added.
Doing Business 2017 India 94
GETTING CREDIT
Where does the economy stand today?
How well do the credit information system and collateral Globally, India stands at 44 in the ranking of 190
and bankruptcy laws in India facilitate access to credit? economies on the ease of getting credit (figure 6.1). The
The economy has a score of 7.0 on the depth of credit rankings for comparator economies provide useful
information index and a score of 6.0 on the strength of information for assessing how well regulations and
legal rights index (see the summary of scoring at the end institutions in India support lending and borrowing.
of this chapter for details). Higher scores indicate more
credit information and stronger legal rights for
borrowers and lenders.
Figure 6.1 How India and comparator economies rank on the ease of getting credit
GETTING CREDIT
One way to put an economy’s score on the getting credit rights index for India and shows the scores for
indicators into context is to see where the economy comparator economies as well as the regional average
stands in the distribution of scores across economies. score. Figure 6.3 shows the same for the depth of credit
Figure 6.2 highlights the score on the strength of legal information index.
Figure 6.2 How strong are legal rights for borrowers Figure 6.3 How much credit information is shared—
and lenders? and how widely?
Economy scores on strength of legal rights index Economy scores on depth of credit information index
GETTING CREDIT
What are the details?
The getting credit indicators reported here for India are The data on the legal rights of borrowers and lenders are
based on detailed information collected in that economy. gathered through a survey of financial lawyers and
The data on credit information sharing are collected verified through analysis of laws and regulations as well
through a survey of a credit registry and/or credit bureau as public sources of information on collateral and
(if one exists). To construct the depth of credit bankruptcy laws. For the strength of legal rights index, a
information index, a score of 1 is assigned for each of 8 score of 1 is assigned for each of 10 aspects related to
features of the credit registry or credit bureau (see legal rights in collateral law and 2 aspects in bankruptcy
summary of scoring below). law.
Mumbai Delhi
Strength of legal rights index (0–12)
Index score: 6.0 Index score: 6.0
Does an integrated or unified legal framework for secured transactions
that extends to the creation, publicity and enforcement of functional 0 0
equivalents to security interests in movable assets exist in the economy?
Does the law allow businesses to grant a non possessory security right in a
single category of movable assets, without requiring a specific description 1 1
of collateral?
Does the law allow businesses to grant a non possessory security right in
substantially all of its assets, without requiring a specific description of 1 1
collateral?
May a security right extend to future or after-acquired assets, and may it
extend automatically to the products, proceeds or replacements of the 1 1
original assets?
Is a general description of debts and obligations permitted in collateral
agreements; can all types of debts and obligations be secured between
1 1
parties; and can the collateral agreement include a maximum amount for
which the assets are encumbered?
Is a collateral registry in operation for both incorporated and non-
incorporated entities, that is unified geographically and by asset type, with 0 0
an electronic database indexed by debtor's name?
Can banks and financial institutions access borrowers’ credit information
online (for example, through a web interface, a system-to-system 0 0
connection or both)?
Does a modern collateral registry exist in which registrations,
amendments, cancellations and searches can be performed online by any 1 1
interested third party?
Are secured creditors paid first (i.e. before tax claims and employee
0 0
claims) when a debtor defaults outside an insolvency procedure?
Doing Business 2017 India 97
Mumbai Delhi
Strength of legal rights index (0–12)
Index score: 6.0 Index score: 6.0
Are secured creditors paid first (i.e. before tax claims and employee
0 0
claims) when a business is liquidated?
Are secured creditors subject to an automatic stay on enforcement when a
debtor enters a court-supervised reorganization procedure? Does the law
0 0
protect secured creditors’ rights by providing clear grounds for relief from
the stay and/or sets a time limit for it?
Does the law allow parties to agree on out of court enforcement at the
time a security interest is created? Does the law allow the secured creditor
1 1
to sell the collateral through public auction and private tender, as well as,
for the secured creditor to keep the asset in satisfaction of the debt?
Depth of credit information index (0–8) Credit bureau Credit registry Index score: 7.0
Doing Business measures the protection of minority Extent of director liability index (0–10)
investors from conflicts of interest through one set of Ability of minority shareholders to sue and hold
indicators and shareholders’ rights in corporate interested directors liable for prejudicial related-
governance through another. The ranking of economies party transactions; Available legal remedies
on the strength of minority investor protections is (damages, disgorgement of profits, fines,
determined by sorting their distance to frontier scores imprisonment, rescission of the transaction)
for protecting minority investors. These scores are the
Ease of shareholder suits index (0–10)
simple average of the distance to frontier scores for the
extent of conflict of interest regulation index and the Access to internal corporate documents; Evidence
extent of shareholder governance index. To make the obtainable during trial and allocation of legal
data comparable across economies, a case study uses expenses
several assumptions about the business and the Extent of conflict of interest regulation index
transaction. (0–10)
The business (Buyer): Simple average of the extent of disclosure, extent of
director liability and ease of shareholder indices
Is a publicly traded corporation listed on the
economy’s most important stock exchange If the Extent of shareholder rights index (0-10)
number of publicly traded companies listed on that Shareholders’ rights and role in major corporate
exchange is less than 10, or if there is no stock decisions
exchange in the economy, it is assumed that Buyer
is a large private company with multiple Extent of ownership and control index (0-10)
shareholders. Governance safeguards protecting shareholders
Has a board of directors and a chief executive from undue board control and entrenchment
officer (CEO) who may legally act on behalf of Buyer
Extent of corporate transparency index (0-10)
where permitted, even if this is not specifically
required by law. Corporate transparency on ownership stakes,
Has a supervisory board (applicable to economies compensation, audits and financial prospects
with a two-tier board system) on which 60% of the Extent of shareholder governance index
shareholder-elected members have been appointed (0–10)
by Mr. James, who is Buyer’s controlling
Simple average of the extent of shareholders rights,
shareholder and a member of Buyer’s board of
extent of ownership and control and extent of
directors. corporate transparency indices
Has not adopted any bylaws or articles of Strength of minority investor protection
association that differ from default minimum index (0–10)
standards and does not follow any nonmandatory
codes, principles, recommendations or guidelines Simple average of the extent of conflict of interest
regulation and extent of shareholder governance
relating to corporate governance.
indices
Doing Business 2017 India 100
Figure 7.1 How India and comparator economies perform on the strength of minority investor protection index
Table 7.1 How has India strengthened minority investor protections—or not?
By Doing Business report year from DB2011 to DB2017
DB year Reform
Table 7.2 Summary of scoring for the protecting minority investors indicators in India
Voidable if Voidable if
Can a court void the transaction upon a successful claim by
negligently 1.0 negligently 1.0
shareholders? (0-2)
concluded concluded
Ease of shareholder suits index (0-10) 7.0 7.0
Before suing can shareholders representing 10% of Buyer's
Yes 1.0 Yes 1.0
share capital inspect the transaction documents? (0-1)
Can the plaintiff obtain any documents from the defendant Any relevant Any relevant
3.0 3.0
and witnesses at trial? (0-3) document document
Can the plaintiff request categories of documents from the
No 0.0 No 0.0
defendant without identifying specific ones? (0-1)
Can the plaintiff directly question the defendant and
Yes 2.0 Yes 2.0
witnesses at trial? (0-2)
Is the level of proof required for civil suits lower than that of
Yes 1.0 Yes 1.0
criminal cases? (0-1)
At the
Can shareholder plaintiffs recover their legal expenses from At the discretion
0.0 discretion of 0.0
the company? (0-2) of the court
the court
Extent of shareholder governance index (0-10) 8.0 8.0
Extent of shareholder rights index (0-10) 10.0 10.0
Does the sale of 51% of Buyer's assets require shareholder
Yes 1.0 Yes 1.0
approval?
Can shareholders representing 10% of Buyer's share capital
Yes 1.0 Yes 1.0
call for an extraordinary meeting of shareholders?
Must Buyer obtain its shareholders’ approval every time it
Yes 1.0 Yes 1.0
issues new shares?
Do shareholders automatically receive preemption rights
Yes 1.0 Yes 1.0
every time Buyer issues new shares?
Must shareholders approve the election and dismissal of the
Yes 1.0 Yes 1.0
external auditor?
Are changes to the rights of a class of shares only possible if
Yes 1.0 Yes 1.0
the holders of the affected shares approve?
Assuming that Buyer is a limited company, does the sale of
Yes 1.0 Yes 1.0
51% of its assets require member approval?
Assuming that Buyer is a limited company, can members
representing 10% call for an extraordinary meeting of Yes 1.0 Yes 1.0
members?
Assuming that Buyer is a limited company, must all members
Yes 1.0 Yes 1.0
consent to add a new member?
Assuming that Buyer is a limited company, must a member
first offer to sell his interest to the existing members before Yes 1.0 Yes 1.0
selling to a non-member?
Extent of ownership and control index (0-10) 8.0 8.0
Is it forbidden to appoint the same individual as CEO and
No 0.0 No 0.0
chair of the board of directors?
Must the board of directors include independent and
Yes 1.0 Yes 1.0
nonexecutive board members?
Can shareholders remove members of the board of directors
Yes 1.0 Yes 1.0
without cause before the end of their term?
Must the board of directors include a separate audit
Yes 1.0 Yes 1.0
committee exclusively comprising board members?
Must a potential acquirer make a tender offer to all
Yes 1.0 Yes 1.0
shareholders upon acquiring 50% of Buyer?
Doing Business 2017 India 106
PAYING TAXES
Taxes are essential. The level of tax rates needs to be WHAT THE PAYING TAXES INDICATORS
carefully chosen—and needless complexity in tax
rules avoided. Firms in economies that rank better MEASURE
on the ease of paying taxes in the Doing Business
study tend to perceive both tax rates and tax Tax payments for a manufacturing company
administration as less of an obstacle to business in 2014 (number per year adjusted for
according to the World Bank Enterprise Survey electronic and joint filing and payment)
research. Total number of taxes and contributions paid,
What do the indicators cover? including consumption taxes (value added tax,
sales tax or goods and service tax)
Using a case scenario, Doing Business records the
Method and frequency of filing and payment
taxes and mandatory contributions that a medium-
size company must pay in a given year as well as Time required to comply with 3 major taxes
measures of the administrative burden of paying (hours per year)
taxes and contributions and dealing with postfiling
Collecting information and computing the tax
processes. This case scenario uses a set of financial payable
statements and assumptions about transactions
made over the year. Information is also compiled on Completing tax return forms, filing with
the frequency of filing and payments, time taken to proper agencies
comply with tax laws, time taken to comply with the Arranging payment or withholding
requirements of postfiling processes and time
Preparing separate tax accounting books, if
waiting for these processes to be completed. The required
ranking of economies on the ease of paying taxes is
determined by sorting their distance to frontier Total tax rate (% of profit before all taxes)
scores on the ease of paying taxes. These scores are Profit or corporate income tax
the simple average of the distance to frontier scores
Social contributions and labor taxes paid by
for each of the four component indicators – number
the employer
of tax payments. time, total tax rate and postfiling
index – with a threshold and a nonlinear Property and property transfer taxes
transformation applied to one of the component Dividend, capital gains and financial
indicators, the total tax rate1. If both VAT (or GST) transactions taxes
and corporate income tax apply, the postfiling index
Waste collection, vehicle, road and other taxes
is the simple average of the distance to frontier
scores for each of the four components: the time to Postfiling Index
comply with a VAT or GST refund, the time to obtain The time to comply with a VAT or GST refund
a VAT or GST refund, the time to comply with a
corporate income tax audit and the time to complete The time to receive a VAT or GST refund
a corporate income tax audit. If only VAT (or GST) or The time to comply with a corporate income
corporate income tax applies, the postfiling index is tax audit
the simple average of the scores for only the two
The time to complete a corporate income tax
components pertaining to the applicable tax. If audit
neither VAT (or GST) nor corporate income tax
1 The nonlinear distance to frontier for the total tax rate is equal to the distance to frontier for the total tax rate to the power of 0.8.
The threshold is defined as the total tax rate at the 15th percentile of the overall distribution for all years included in the analysis up
to and including Doing Business 2015, which is 26.1%. All economies with a total tax rate below this threshold receive the same
score as the economy at the threshold.
Doing Business 2017 India 108
applies, the postfiling index is not included in the Assumptions about the corporate income tax
ranking of the ease of paying taxes. audit process:
Taxes and mandatory contributions include An error in the calculation of the income tax
corporate income tax, turnover tax and all labor liability (for example, use of incorrect tax
taxes and contributions paid by the company. A depreciation rates, or incorrectly treating an
range of standard deductions and exemptions are expense as tax deductible) leads to an
also recorded. incorrect income tax return and consequently
All financial statement variables are proportional to an underpayment of corporate income tax.
2012 income per capita. To make the data TaxpayerCo. discovered the error and
comparable across economies, several assumptions voluntarily notified the tax authority of the
are used. error in the corporate income tax return.
TaxpayerCo is a medium-size business that started
operations on January 1, 2014.
The business starts from the same financial position
in each economy. All the taxes and mandatory
contributions paid during the second year of
operation are recorded.
Taxes and mandatory contributions are measured at
all levels of government.
Assumptions about the VAT refund process:
In June 2015, TaxpayerCo. makes a large
capital purchase: one additional machine for
manufacturing pots.
The value of the machine is 65 times income
per capita of the economy.
Sales are equally spread per month (that is,
1,050 times income per capita divided by
12).
Cost of goods sold are equally expensed per
month (that is, 875 times income per capita
divided by 12).
The seller of the machinery is registered for
VAT or general sales tax (GST).
Excess input VAT incurred in June will be
fully recovered after four consecutive
months if the VAT or GST rate is the same
for inputs, sales and the machine and the
tax reporting period is every month.
.
Doing Business 2017 India 109
PAYING TAXES
Where does the economy stand today?
What is the administrative burden of complying with tax the end of this chapter for details). Most indicator sets
obligations and postfiling processes in India—and how refer to a case scenario in the largest business city of an
much do firms pay in taxes? Globally, India stands at in economy, except for 11 economies for which the data
the ranking of 190 economies on the ease of paying are a population-weighted average of the 2 largest
taxes (figure 8.1). The rankings for comparator business cities. See the chapter on distance to frontier
economies and the regional average ranking provide and ease of doing business ranking at the end of this
other useful information for assessing the tax compliance profile for more details.
burden for businesses in (see table 8.2 and table 8.3 at
.
Figure 8.1 How India and comparator economies rank on the ease of paying taxes
PAYING TAXES
Economies around the world have made paying taxes and exemptions. Many have lowered tax rates. Changes
faster, easier and less costly for businesses—such as by have brought concrete results. Some economies
consolidating payments and filings of taxes, offering simplifying tax payment and reducing rates have seen
electronic systems for filing and payment, establishing tax revenue rise. What tax reforms has Doing Business
taxpayer service centers or allowing for more deductions recorded in India (table 8.1)?
Table 8.1 How has India made paying taxes easier—or not?
By Doing Business report year from DB2011 to DB2017
DB year Reform
PAYING TAXES
What are the details?
The indicators reported here for India are based on
LOCATION OF STANDARDIZED COMPANY
the taxes and contributions that would be paid by a
standardized case study company used by Doing
Business in collecting the data (see the section in this City: Mumbai, Delhi
chapter on what the indicators cover). Tax
practitioners are asked to review a set of financial
statements as well as a standardized list of
The taxes and contributions paid are listed in table 8.2
assumptions and transactions that the company
below, along with the associated number of payments,
completed during its 2nd year of operation.
time and tax rate.
Respondents are asked how much taxes and
mandatory contributions the business must pay how The postfiling index is based on four components—the
these taxes are filed and paid, how much time time to comply with a VAT or GST refund, the time to
taxpayers spend preparing, filing and paying three obtain a VAT or GST refund, the time to comply with a
major taxes (profit taxes, labor taxes including corporate income tax audit and the time to complete a
mandatory contributions and consumption taxes) and corporate income tax audit. These components are
how much time taxpayers spend complying with based on expanded case study assumptions. If only VAT
postfiling processes and waiting for these processes (or GST) or corporate income tax applies for an
to be completed. economy, the postfiling index is the simple average of
the scores for only the two components pertaining to
the applicable tax. If neither VAT (or GST) nor corporate
income tax applies, the postfiling index is not included
in the ranking of the ease of paying taxes.
Doing Business records the time and cost -Required by origin, destination and transit
associated with the logistical process of exporting economies
and importing goods. Under the new Covers all documents by law and in practice
methodology introduced this year, Doing Business
Border compliance – cost & time
measures the time and cost (excluding tariffs)
associated with three sets of procedures— Customs clearance and inspections
documentary compliance, border compliance and Inspections by other agencies if applied to more
domestic transport—within the overall process of than 10% of shipments)
exporting or importing a shipment of goods. The
Port or border handling
ranking of economies on the ease of trading
across borders is determined by sorting their Processing documents during clearance,
distance to frontier scores for trading across inspections and port or border handling
borders. These scores are the simple average of Domestic transport*
the distance to frontier scores for the time and
Loading and unloading of shipment
cost for documentary compliance and border
compliance to export and import (domestic Transport between warehouse and terminal/port
transport is not used for calculating the ranking). Transport between terminal/port and border
Traffic delays and road police checks while
To make the data comparable across economies, a
shipment is en route
few assumptions are made about the traded
goods and the transactions: * Although Doing Business collects and publishes data on the
time and cost for domestic transport, it does not use these
Time data in calculating the distance to frontier score for trading
Time is measured in hours, and 1 day is 24 across borders or the ranking on the ease of trading across
hours (for example, 22 days are recorded as 22 borders.
× 24 = 528 hours). If customs clearance takes
7.5 hours, the data are recorded as is. Cost
Alternatively, suppose that documents are Insurance cost and informal payments for which no
submitted to a customs agency at 8:00 a.m., are receipt is issued are excluded from the costs recorded.
processed overnight and can be picked up at Costs are reported in U.S. dollars. Contributors are
8:00 a.m. the next day. In this case the time for asked to convert local currency into U.S. dollars based
customs clearance would be recorded as 24 on the exchange rate prevailing on the day they answer
hours because the actual procedure took 24 the questionnaire.
hours.
Doing Business 2017 India 116
Assumptions of the case study If government fees are determined by the value of the
shipment, the value is assumed to be $50,000.
For each of the 190 economies covered by
Doing Business, it is assumed that a shipment The product is new, not secondhand or used
travels from a warehouse in the largest business merchandise.
city of the exporting economy to a warehouse
in the largest business city of the importing The exporting firm is responsible for hiring and paying
economy. For 11 economies the data are also for a freight forwarder or customs broker (or both) and
collected, under the same case study pays for all costs related to international shipping,
assumptions, for the second largest business domestic transport, clearance and mandatory
city. inspections by customs and other government
agencies, port or border handling, documentary
The import and export case studies assume compliance fees and the like for exports. The importing
different traded products. It is assumed that firm is responsible for the above costs for imports.
each economy imports a standardized
shipment of 15 metric tons of containerized The mode of transport is the one most widely used for
auto parts (HS 8708) from its natural import the chosen export or import product and the trading
partner—the economy from which it imports partner, as is the seaport, airport or land border
the largest value (price times quantity) of auto crossing.
parts. It is assumed that each economy exports
the product of its comparative advantage All electronic submissions of information requested by
(defined by the largest export value) to its any government agency in connection with the
natural export partner—the economy that is the shipment are considered to be documents obtained,
largest purchaser of this product. Special prepared and submitted during the export or import
products such as precious metal and gems, live process.
animals and pharmaceuticals are excluded from
the list of possible export products. However, A port or border is defined as a place (seaport, airport
the second largest product category is or land border crossing) where merchandise can enter
considered as needed. or leave an economy.
A shipment is a unit of trade. Export shipments Government agencies considered relevant are agencies
do not necessarily need to be containerized, such as customs, port authorities, road police, border
while import shipments of auto parts are guards, standardization agencies, ministries or
assumed to be containerized. departments of agriculture or industry, national security
agencies and any other government authorities.
Doing Business 2017 India 117
Figure 9.1 How India and comparator economies rank on the ease of trading across borders
Table 9.1 How has India made trading across borders easier—or not?
By Doing Business report year from DB2011 to DB2017
DB year Reform
Table 9.2 Summary of export and import time and cost for trading across borders in India
Mumbai Delhi South Asia
Table 9.3 Summary of trading details, transport time and documents for trading across borders in India
Mumbai Delhi
Mumbai Delhi
Bill of lading
Commercial invoice
Packing list
Invoice
Packing List
Bill of Entry
Certificate of Origin
Bill of lading
for documentary compliance serve as better measures of the overall cost and complexity of compliance with documentary
requirements than does the number of documents required.
Doing Business 2017 India 122
ENFORCING CONTRACTS
WHAT THE ENFORCING CONTRACTS
Effective commercial dispute resolution has many
benefits. Courts are essential for entrepreneurs INDICATORS MEASURE
because they interpret the rules of the market and
protect economic rights. Efficient and transparent Time required to enforce a contract through
courts encourage new business relationships because the courts (calendar days)
businesses know they can rely on the courts if a new
customer fails to pay. Speedy trials are essential for Time to file and serve the case
small enterprises, which may lack the resources to Time for trial and to obtain the judgment
stay in business while awaiting the outcome of a long
Time to enforce the judgment
court dispute.
Cost required to enforce a contract through
What do the indicators cover? the courts (% of claim)
Doing Business measures the time and cost for Attorney fees
resolving a standardized commercial dispute through
a local first-instance court. In addition, this year it Court fees
introduces a new measure, the quality of judicial Enforcement fees
processes index, evaluating whether each economy
Quality of judicial processes index (0-18)
has adopted a series of good practices that promote
quality and efficiency in the court system. This new Court structure and proceedings (0-6)
index replaces the indicator on procedures, which Case management (0-6)
was eliminated this year. The ranking of economies
on the ease of enforcing contracts is determined by Court automation (0-4)
sorting their distance to frontier scores. These scores Alternative dispute resolution (0-3)
are the simple average of the distance to frontier
scores for each of the component indicators.
The dispute in the case study involves the breach of a The seller requests a pretrial attachment to secure
sales contract between 2 domestic businesses. The the claim.
case study assumes that the court hears an expert on The dispute on the quality of the goods requires an
the quality of the goods in dispute. This distinguishes expert opinion.
the case from simple debt enforcement. To make the The judge decides in favor of the seller; there is no
data comparable across economies, Doing Business appeal.
uses several assumptions about the case: The seller enforces the judgment through a public
The dispute concerns a lawful transaction sale of the buyer’s movable assets.
between two businesses (Seller and Buyer), both
located in the economy’s largest business city.
For 11 economies the data are also collected for
the second largest business city.
The buyer orders custom-made goods, then fails
to pay.
The value of the dispute is 200% of the income
per capita or the equivalent in local currency of
USD 5,000, whichever is greater.
The seller sues the buyer before the court with
jurisdiction over commercial cases worth 200%
of income per capita or $5,000.
Doing Business 2017 India 124
ENFORCING CONTRACTS
Where does the economy stand today?
How efficient is the process of resolving a commercial and ease of doing business ranking at the end of this
dispute through the courts in India? According to data profile for more details.
collected by Doing Business, contract enforcement takes
Globally, India stands at 172 in the ranking of 190
1420.0 days and costs 39.6% of the value of the claim.
economies on the ease of enforcing contracts (figure
Most indicator sets refer to the largest business city of an
10.1). The rankings for comparator economies and the
economy, except for 11 economies for which the data
regional average ranking provide other useful
are a population-weighted average of the 2 largest
benchmarks for assessing the efficiency of contract
business cities. See the chapter on distance to frontier
enforcement in India.
Figure 10.1 How India and comparator economies rank on the ease of enforcing contracts
ENFORCING CONTRACTS
Economies in all regions have improved contract reducing backlogs by introducing periodic reviews to
enforcement in recent years. A judiciary can be improved clear inactive cases from the docket and by making
in different ways. Higher-income economies tend to look contract enforcement faster. What reforms making it
for ways to enhance efficiency by introducing new easier (or more difficult) to enforce contracts has Doing
technology. Lower-income economies often work on Business recorded in India (table 10.1)?
Table 10.1 How has India made enforcing contracts easier—or not?
By Doing Business report year from DB2011 to DB2017
DB year Reform
ENFORCING CONTRACTS
What are the details?
The data on time and cost reported here for India ECONOMY DETAILS
are built by following the step-by-step evolution of a
commercial sale dispute within the court, under the Claim value - Delhi: INR 306,959
assumptions about the case described above (figure
10.2). The time and cost of resolving the Claim value -
standardized dispute are identified through study of INR 306,959
Mumbai:
the codes of civil procedure and other court
regulations, as well as through questionnaires
Court name - Delhi: Delhi District Court
completed by local litigation lawyers (and, in a
quarter of the economies covered by Doing Business,
by judges as well). Court name -
Bombay City Civil Court
Mumbai:
Figure 10.2 Time and cost of contract enforcement in India and comparator economies
Table 10.2 Details on time and cost for enforcing contracts in India
South Asia
Indicator Mumbai Delhi
average
ENFORCING CONTRACTS
Quality of judicial processes index
The quality of judicial processes index measures The scores reported here show which of these good
whether each economy has adopted a series of good practices are available in India (figure 10.3).
practices in its court system in four areas: court
This methodology was initially developed by Djankov and
structure and proceedings, case management, court
others (2003) and is adopted here with several changes.
automation and alternative dispute resolution. The
The quality of judicial processes index was introduced in
score on the quality of judicial processes index is the
Doing Business 2016. The good practices tested in this
sum of the scores on these 4 sub-components. The
index were developed on the basis of internationally
index ranges from 0 to 18, with higher values
recognized good practices promoting judicial efficiency.
indicating better, more efficient judicial processes.
Figure 10.3 Quality of judicial processes index in India and comparator economies
court?
RESOLVING INSOLVENCY
A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY
ensuring the survival of economically efficient
companies and reallocating the resources of INDICATORS MEASURE
inefficient ones. Fast and cheap insolvency
proceedings result in the speedy return of businesses Time required to recover debt (years)
to normal operation and increase returns to
Measured in calendar years
creditors. By clarifying the expectations of creditors
and debtors about the outcome of insolvency Appeals and requests for extension are
proceedings, well-functioning insolvency systems can included
facilitate access to finance, save more viable Cost required to recover debt (% of debtor’s
businesses and sustainably grow the economy. estate)
What do the indicators cover? Measured as percentage of estate value
Doing Business studies the time, cost and outcome of Court fees
insolvency proceedings involving domestic legal
Fees of insolvency administrators
entities. These variables are used to calculate the
recovery rate, which is recorded as cents on the Lawyers’ fees
dollar recovered by secured creditors through Assessors’ and auctioneers’ fees
reorganization, liquidation or debt enforcement
Other related fees
(foreclosure or receivership) proceedings. To
determine the present value of the amount Outcome
recovered by creditors, Doing Business uses the Whether business continues operating as a
lending rates from the International Monetary Fund, going concern or business assets are sold
supplemented with data from central banks and the piecemeal
Economist Intelligence Unit.
Recovery rate for creditors
To make the data on the time, cost and outcome
Measures the cents on the dollar recovered
comparable across economies, several assumptions
by secured creditors
about the business and the case are used:
Outcome for the business (survival or not)
A hotel located in the largest city (or cities) has determines the maximum value that can be
201 employees and 50 suppliers. The hotel recovered
experiences financial difficulties.
Official costs of the insolvency proceedings
The value of the hotel is 100% of the income per are deducted
capita or the equivalent in local currency of USD
Depreciation of furniture is taken into
200,000, whichever is greater.
account
The hotel has a loan from a domestic bank, Present value of debt recovered
secured by a mortgage over the hotel’s real
estate. The hotel cannot pay back the loan, but Strength of insolvency framework index (0-
makes enough money to operate otherwise. 16)
In addition, Doing Business evaluates the adequacy Sum of the scores of four component indices:
and integrity of the existing legal framework Commencement of proceedings index (0-3)
applicable to liquidation and reorganization
Management of debtor’s assets index (0-6)
proceedings through the strength of insolvency
framework index. The index tests whether economies Reorganization proceedings index (0-3)
adopted internationally accepted good practices in Creditor participation index (0-4)
four areas: commencement of proceedings,
management of debtor’s assets, reorganization
proceedings and creditor participation.
Doing Business 2017 India 134
RESOLVING INSOLVENCY
Where does the economy stand today?
Globally, India stands at 136 in the ranking of 190 framework index. The Resolving Insolvency indicator
economies on the ease of resolving insolvency (figure does not measure insolvency proceedings of individuals
11.1). The ranking of economies on the ease of resolving and financial institutions. The data are derived from
insolvency is determined by sorting their distance to questionnaire responses by local insolvency practitioners
frontier scores for resolving insolvency. These scores are and verified through a study of laws and regulations as
the simple average of the distance to frontier scores for well as public information on bankruptcy systems.
the recovery rate and the strength of insolvency
Figure 11.1 How India and comparator economies rank on the ease of resolving insolvency
RESOLVING INSOLVENCY
Recovery of debt in insolvency
Data on the time, cost and outcome refer to the most scenario in the largest business city of an economy,
likely in-court insolvency procedure applicable under except for 11 economies for which the data are a
specific case study assumptions. population-weighted average of the 2 largest business
cities.
According to data collected by Doing Business, resolving
insolvency takes 4.3 years on average and costs 9.0% of
the debtor’s estate. The average recovery rate is 26.0
cents on the dollar. Most indicator sets refer to a case
Figure 11.2 Efficiency of proceedings - time, cost and recovery rate in India and comparator economies.
Table 11.1 Summary of data for the strength of insolvency framework index India
Answer Explanation
To enforce its security interest, Bizbank would file a petition to the
Mumbai, Debt Recovery Tribunal, governed by The Recovery of Debts Due to
Proceeding foreclosure
Delhi Banks and Financial Institutions Act, 1993. The debtor or other
creditors will object before the High Court.
The reason why BizBank initiates the insolvency process is that the
Mumbai, hotel is unable to pay its debts and the hotel expects operating
Outcome piecemeal sale
Delhi losses in 2016 as well as 2017. Hence, in order to pay the debts, the
hotel assets will be sold piecemeal and the hotel will stop operating.
RESOLVING INSOLVENCY
Strength of resolving insolvency index
The strength of insolvency framework index is the with higher values indicating insolvency legislation that is
sum of the scores on the commencement of better designed for rehabilitating viable firms and
proceedings index, management of debtor’s assets liquidating nonviable ones. India scores 6.0 out of 16 on
index, reorganization proceedings index and creditor the strength of resolving insolvency index.
participation index. The index ranges from 0 to 16,
Figure 11.3 Strength of insolvency framework index (0-16) in India and comparator economies
Table 11.2 Summary of data for the strength of insolvency framework index India
Answer Score Answer Score
(Mumbai) (Mumbai) (Delhi) (Delhi)
(a) Debtor
(a) Debtor is is generally
What basis for commencement of the insolvency generally unable to
proceedings is allowed under the insolvency unable to pay 1.0 pay its 1.0
framework? its debts as debts as
they mature they
mature
creditors
The worker:
Is a cashier in a supermarket or grocery store,
age 19, with one year of work experience.
Is a full-time employee.
Is not a member of the labor union, unless
membership is mandatory.
The business:
Is a limited liability company (or the equivalent
in the economy).
Doing Business 2017 India 141
Hiring
Data on hiring cover five areas: (i) whether fixed-term minimum wage to the average value added per worker
contracts are prohibited for permanent tasks; (ii) the (the ratio of an economy’s GNI per capita to the
maximum cumulative duration of fixed-term contracts; working-age population as a percentage of the total
(iii) the minimum wage for a cashier, age 19, with one population).
year of work experience; and (iv) the ratio of the
Mumbai Delhi
Hiring
Data Data
Fixed-term contracts prohibited for permanent tasks? No No
Maximum length of a single fixed-term contract (months) No limit No limit
Maximum length of fixed-term contracts, including renewals (months) No limit No limit
Minimum wage applicable to the worker assumed in the case study
136.1 180.7
(US$/month)
Ratio of minimum wage to value added per worker 0.7 0.9
Mumbai Delhi
Working Hours
Data Data
Maximum number of working days per week 6.0 6.0
Premium for night work (% of hourly pay) 0.0 0.0
Premium for work on weekly rest day (% of hourly pay) 0.0 0.0
Premium for overtime work (% of hourly pay) 100.0 100.0
Restrictions on night work? Yes Yes
Doing Business 2017 India 143
Mumbai Delhi
Working Hours
Data Data
No.
Under the
Maharashtra Shops
and Establishments
Act, 1948, Section
33: No such woman
shall be required or
allowed to work in
any establishment
after 9.30 p.m.
Mumbai Delhi
Working Hours
Data Data
Restrictions on weekly holiday? Yes Yes
Restrictions on overtime work? Yes Yes
Paid annual leave for a worker with 1 year of tenure (working days) 21.0 15.0
Paid annual leave for a worker with 5 years of tenure (working days) 21.0 15.0
Paid annual leave for a worker with 10 years of tenure (working days) 21.0 15.0
Paid annual leave (average for workers with 1, 5 and 10 years of tenure,
21.0 15.0
in working days)
Data on redundancy cover nine areas: (i) the length of whether the employer needs approval from a third party
the maximum probationary period (in months) for to terminate one redundant worker; (vi) whether the
permanent employees; (ii) whether redundancy is employer needs approval from a third party to terminate
allowed as a basis for terminating workers; (iii) whether a group of nine redundant workers; (vii) whether the law
the employer needs to notify a third party (such as a requires the employer to reassign or retrain a worker
government agency) to terminate one redundant worker; before making the worker redundant; (viii) whether
(iv) whether the employer needs to notify a third party to priority rules apply for redundancies; and (ix) whether
terminate a group of nine redundant workers; (v) priority rules apply for reemployment.
Mumbai Delhi
Difficulty of redundancy index
Data Data
Maximum length of probationary period (months) 3.0 3.0
Dismissal due to redundancy allowed by law? Yes Yes
Third-party notification if one worker is dismissed? Yes Yes
Third-party approval if one worker is dismissed? No No
Third-party notification if nine workers are dismissed? Yes Yes
Third-party approval if nine workers are dismissed? No No
Retraining or reassignment obligation before redundancy? No No
Priority rules for redundancies? Yes Yes
Priority rules for reemployment? Yes Yes
Redundancy cost measures the cost of advance notice severance payments applicable to a worker with 1 year
requirements and severance payments due when of tenure, a worker with 5 years and a worker with 10
terminating a redundant worker, expressed in weeks of years is considered. One month is recorded as 4 and
salary. The average value of notice requirements and 1/3 weeks.
Mumbai Delhi
Redundancy cost indicator (in salary weeks)
Data Data
Notice period for redundancy dismissal for a worker with 1 year of
4.3 4.3
tenure
Notice period for redundancy dismissal for a worker with 5 years of
4.3 4.3
tenure
Notice period for redundancy dismissal for a worker with 10 years of
4.3 4.3
tenure
Notice period for redundancy dismissal (average for workers with 1, 5
4.3 4.3
and 10 years of tenure)
Severance pay for redundancy dismissal for a worker with 1 year of
2.1 2.1
tenure
Severance pay for redundancy dismissal for a worker with 5 years of
10.7 10.7
tenure
Severance pay for redundancy dismissal for a worker with 10 years of
21.4 21.4
tenure
Severance pay for redundancy dismissal (average for workers with 1, 5
11.4 11.4
and 10 years of tenure)
Mumbai Delhi
Job Quality
Data Data
Equal remuneration for work of equal value? No No
Gender nondiscrimination in hiring? Yes Yes
Paid or unpaid maternity leave mandated by law? Yes Yes
Minimum length of maternity leave (calendar days)? 84.0 84.0
Receive 100% of wages on maternity leave? Yes Yes
Five fully paid days of sick leave a year? No No
Unemployment protection after one year of employment? No No
Minimum contribution period for unemployment protection (months)? n.a. n.a.
identical to the simple average used by Doing Business2. The nonlinear transformation is not based on any
Thus Doing Business uses the simplest method: economic theory of an “optimal tax rate” that minimizes
weighting all topics equally and, within each topic, giving distortions or maximizes efficiency in an economy’s
equal weight to each of the topic components 3. overall tax system. Instead, it is mainly empirical in
nature. The nonlinear transformation along with the
An economy’s distance to frontier score is indicated on a
threshold reduces the bias in the indicator toward
scale from 0 to 100, where 0 represents the worst
economies that do not need to levy significant taxes on
performance and 100 the frontier. All distance to frontier
companies like the Doing Business standardized case
calculations are based on a maximum of five decimals.
study company because they raise public revenue in
However, indicator ranking calculations and the ease of
other ways—for example, through taxes on foreign
doing business ranking calculations are based on two
companies, through taxes on sectors other than
decimals.
manufacturing or from natural resources (all of which are
The difference between an economy’s distance to outside the scope of the methodology). In addition, it
frontier score in any previous year and its score in 2015 acknowledges the need of economies to collect taxes
illustrates the extent to which the economy has closed from firms.
the gap to the regulatory frontier over time. And in any
Calculation of scores for economies with 2 cities
given year the score measures how far an economy is
covered
from the best performance at that time.
For each of the 11 economies in which Doing Business
Treatment of the total tax rate
collects data for the second largest business city as well
The total tax rate component of the paying taxes as the largest one, the distance to frontier score is
indicator set enters the distance to frontier calculation in calculated as the population-weighted average of the
a different way than any other indicator. The distance to distance to frontier scores for these two cities (table
frontier score obtained for the total tax rate is 13.1). This is done for the aggregate score, the scores for
transformed in a nonlinear fashion before it enters the each topic and the scores for all the component
distance to frontier score for paying taxes. As a result of indicators for each topic.
the nonlinear transformation, an increase in the total tax
rate has a smaller impact on the distance to frontier
score for the total tax rate—and therefore on the
distance to frontier score for paying taxes—for
economies with a below-average total tax rate than it
would have had before this approach was adopted in
Doing Business 2015 (line B is smaller than line A in
figure 14.2 in the Doing Business 2016 report). And for
economies with an extreme total tax rate (a rate that is
very high relative to the average), an increase has a
greater impact on both these distance to frontier scores
than it would have had before (line D is bigger than line
C in figure 14.2 in the Doing Business 2016 report).
2
See Djankov, Manraj and others (2005). Principal components and
unobserved components methods yield a ranking nearly identical to
that from the simple average method because both these methods
assign roughly equal weights to the topics, since the pairwise
correlations among indicators do not differ much. An alternative to the
simple average method is to give different weights to the topics,
depending on which are considered of more or less importance in the
context of a specific economy.
3
For getting credit, indicators are weighted proportionally, according
to their contribution to the total score, with a weight of 60% assigned
to the strength of legal rights index and 40% to the depth of credit
information index. Indicators for all other topics are assigned equal
weights
Doing Business 2017 India 150
Table 13.1 Weights used in calculating the distance to implemented regulatory reforms making it easier to do
frontier scores for economies with 2 cities covered business in 3 or more of the 10 topics included in this
year’s aggregate distance to frontier score. Changes
Economy City Weight (%)
making it more difficult to do business are subtracted
Dhaka 78
Bangladesh from the total number of those making it easier to do
Chittagong 22
São Paulo 61
business. Twenty-four economies meet this criterion:
Brazil Armenia; Azerbaijan; Benin; Costa Rica; Côte d’Ivoire;
Rio de Janeiro 39
Shanghai 55 Cyprus; Hong Kong SAR, China; Indonesia; Jamaica;
China
Beijing 45 Kazakhstan; Kenya; Lithuania; Madagascar; Mauritania;
Mumbai 47 Morocco; Romania; the Russian Federation; Rwanda;
India
Delhi 53 Senegal; Togo; Uganda; the United Arab Emirates;
Jakarta 78 Uzbekistan; and Vietnam. Second, Doing Business sorts
Indonesia
Surabaya 22 these economies on the increase in their distance to
Tokyo 65
Japan frontier score from the previous year using comparable
Osaka 35
data.
Mexico City 83
Mexico
Monterrey 17 Selecting the economies that implemented regulatory
Lagos 77 reforms in at least three topics and had the biggest
Nigeria
Kano 23 improvements in their distance to frontier scores is
Karachi 65 intended to highlight economies with ongoing, broad-
Pakistan
Lahore 35
based reform programs. The improvement in the
Moscow 70
Russian Federation distance to frontier score is used to identify the top
St. Petersburg 30
New York 60 improvers because this allows a focus on the absolute
United States improvement—in contrast with the relative improvement
Los Angeles 40
Source: United Nations, Department of Economic and Social shown by a change in rankings—that economies have
Affairs, Population Division, World Urbanization Prospects, made in their regulatory environment for business.
2014 Revision. http://esa.un.org/unpd/wup/CD-
ROM/Default.aspx.
Ease of Doing Business ranking
Economies that improved the most across 3 or
more Doing Business topics in 2014/15 The ease of doing business ranking ranges from 1 to 190.
The ranking of economies is determined by sorting the
Doing Business 2016 uses a simple method to calculate aggregate distance to frontier scores, rounded to 2
which economies improved the ease of doing business decimals.
the most. First, it selects the economies that in 2014/15
Doing Business 2017 India 151
Historical data
Customized data sets since DB2004
http://www.doingbusiness.org/custom-query
Doing Business 2017 India 152