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Constitution of Task Force for improving India's ranking in World Bank's performance on the parameter of Doing Business "Enforcing Contract"

Ministry of Law and Justice (Department of Justice) 'Order' dated 23rd December, 2016 - link

1. In accordance with recommendations of Committee of Secretaries (CoS) in its meeting held on 24th November, 2016 on the above mentioned subject and also as per the direction given in Cabinet Secretary's D.O. letter No. 082/2/1/2016 - CA-IV dated 11th November, 2016, a Task Force is constituted for improving performance on the parameter of "Enforcing Contract" for ease of doing business in India.

The constitution of the Task force is as under:

1.
Secretary, Department of Justice
Chairperson
2.
Shri Shailendra Singh, Joint Secretary, Department of Industrial Policy & Promotion
Member
3.
Registrar General, Delhi High Court
Member
4.
Registrar General, Bombay High Court
Member
5.
Secretary (Law), Government of NCT of Delhi
Member
6.
Secretary (Law), Government of Maharashtra
Member
7.
Joint Secretary (e-Courts), Department of Justice
Member
8.
Joint Secretary (NM), Department of Justice
Member-Secretary
9.
Shri Mahendra Khandelwal, Additional Legal Adviser, Department of Legal Affairs
Member

2. The Task Force will meet on weekly basis and take concerted steps to improve the pace and quality of reform process on "Enforcing Contract" for ease of doing business in India.

3. A list of reforms alongwith timelines is enclosed for ready reference.

List of Reforms-Timeline

Department
Reforms
Timeline
Law Department, Delhi and Maharashtra alongwith High Courts and District Courts of Delhi and Maharashtra
1. Commercial benches in High Courts should be dedicated for commercial cases
1. Dec’16
2. Operationalize dedicated commercial Courts in Delhi District Court and Mumbai City Civil Court.
2. Dec’16
3. Introduce pre-trial conferences as case management techniques for commercial courts and
benches.
3. Dec’16
4. Direct references of cases to alternate dispute resolution mechanism (Implement Sec.89 CPC).
4. Dec’16
5. Conduct specialized commercial dispute resolution training for judges assigned to commercial courts and benches.
5. Dec’16
6. Limit number of adjournments to three and limit adjournments to unforeseen and exceptional
circumstances (Implement Order XVII Rule 1 of CPC)
6. Mar’17
7. Expedite e-courts project - introduce electronic filling of complaints, summons, payment and electronic case management system in commercial courts and bench.
7. Mar’17
8. Generate the following four reports about the competent court:
• Time to disposition report;
• Clearance rate report;
• Age of pending cases report; and
• Single case progress report
8. Mar’17
9. Respect adjournment rule in more than 50% of cases.
9. Mar’17
10. Expedite National Framework of court excellence to set measurable performance standards for judges and incentivize efficient processing of cases.
10. Dec’16
11. Ensure the electronic case management system serve the following purposes for Judges:
• To access laws, regulations and case law;
• To automatically generate a hearing schedule for all cases on their docket;
• To send notifications (for example, e-mails) to lawyer;
• To track the status of a case on their docket.
• To view and manage case documents (briefs, motions);
• To assist in writing judgments;
• To semi-automatically generate court orders; and
• To view court orders and judgments.
11. Dec’16
12. Ensure the electronic case management system serve the following purposes for Lawyers:
• To access laws, regulations and case law;
• To access forms to be submitted to the court
• To receive notifications (for example, e-mails) to lawyers;
• To track the status of a case on their cases;
• To view and manage case documents (briefs, motions);
• To file briefs and documents with the court;
• To view court orders and decisions in a particular case.
12. Dec’16


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