The objective of this newsletter is to contribute curated informational content on industry or niche related topics on latest developments in the regulatory framework of India. This monthly newsletter is a seamless synopsis of relevant legal developments which enriches any industry in their legal area. 

Our divergent newsletter is a summation of the most recent legal updates in environmental, labour, corporate, safety, foreign exchange laws including industry specific regulations in various sectors particularly aviation, service, manufacturing, information technology, real estate, banking, healthcare, food business to name a few.

This August newsletter emphasizes on various categories including labour, environment, corporate and industry related updates. The notification on safe entry and work in confined space by the labour department of Andhra Pradesh and the notification of the Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023 are some of the significant updates covered in this newsletter.

Central / state labour law updates

Notification by Karnataka Finance Department

The Government of Karnataka has exempted certain classes of persons from payment of tax under The Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976. 

Source

Safety measures and obligation on Factories

The Department of Labour, Andhra Pradesh has issued additional instructions / guidelines on “safe entry and work in confined space”. 

Source: G.O.Ms.No.10, Labour Factories Boilers & Insurance Medical Services (Labour.II), dated 6th July, 2023.

Revision in the rate of Haryana Labour Welfare Fund Contribution

The rate of contribution has been revised under the Punjab Labour Welfare Fund Act, 1965.

Source

The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) (Amendment) Rules, 2023

The notice of shift schedule and weekly holiday of workers engaged in shift should be displayed on the website or at a conspicuous place of the premises of the establishment on the notice board.

Source

 Amendment to the Tamil Nadu Factories Rules

The provision relating to white washing and colour washing of latrines and urinals (Rule 47) has been omitted.

Source

Notification by the Labour department of Punjab

All shops and establishments registered under the Punjab Shops and Commercial Establishments Act, 1958 has been permitted to keep open on all 365 days of the year, for a further period of one year i.e., upto 31st May 2024, subject to the conditions mentioned in the notification.

Source: Notification No.21/08/2017-4L(5)/471 dated 8th June, 2023

Rights of Persons with Disabilities (Amendment) Rules, 2023

Every establishment should comply with the standards relating to physical environment, transport and information and communication technology, including culture sector specific harmonised accessibility standards/guidelines and guidelines on accessible sports complex and residential facilities for sports persons with disabilities, notified by the Government of India.

Source

Source

Environment and safety laws updates

Mandatory retrofitting of Emission Control Devices (RECD)/Equipment to DG sets with capacity of 125 KVA and above in the State of Karnataka

All industries, establishments, projects, buildings, utilities, airports, railway stations or any other places operating DG sets of capacity of 125 KVA and above should ensure retrofitting of emission control devices. 

Source

Environment (Utilisation of crop residue by Thermal Power Plants) Rules, 2023

All coal based thermal power plants of power generation utilities should mandatorily use minimum five per cent blend of pellets or briquettes made of crop residue along with coal.

Source

Source 

E-Waste (Management) Second Amendment Rules, 2023

Three new schedules have been introduced under the amended Rules.

Source

Corporate laws updates

Effective date for enforcement of Competition (Amendment) Act, 2023

The Ministry of Corporate Affairs has notified 18th July, 2023, as the effective date for the enforcement of Section 12 of the Competition Act, 2002.

Source

Companies (Accounts) Second Amendment Rules, 2023

For the financial year 2022-2023, Form CSR-2 should be filed separately on or before 31st March, 2024.

Source

Amendment to Guidelines on Anti-Money Laundering (AML) Standards and Combating the Financing of Terrorism (CFT) /Obligations of Securities Market Intermediaries

SEBI has amended the guidelines on Anti-Money Laundering (AML) Standard and Combating the Financing of Terrorism (CFT)/ Obligations of Securities Market Intermediaries under the Prevention of Money-laundering Act, 2002.

Source

Industry related laws updates

The Ministry of Civil Aviation (Height restrictions for safeguarding of Aircraft Operations) Amendment Rules, 2023

Two amendments have been issued by the Ministry of Civil Aviation under the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015.

Source

Source

Circular on Reporting of Cyber Security Incidents – IRDAI

The Insurance Regulatory and Development Authority of India has directed the regulated entities to follow the provisions regarding reporting of cyber security incident to IRDAI and Cert-In.

Source

Digital Consent Acquisition (DCA)

TRAI issues direction regarding implementation of Digital Consent Acquisition (DCA) under Telecom Commercial Communication Customer Preference Regulations, 2018 (TCCCPR).

Source

Special Economic Zone (Third Amendment) Rules, 2023

A new Rule has been inserted to cover the procedure of import or export or procurement from or supply to Domestic Tariff Area of ship by a Unit in International Financial Services Centre.

Source

Vegetable Oils Grading and Marking (Amendment) Rules, 2023

The vegetable oils for domestic trade and export trade should comply with the prescribed residual limits of metals, pesticides etc.

Source

Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2023

The Grid Code contains provisions pertaining to reliability and adequacy of resources; technical and design criteria for connectivity to the grid including integration of new elements, trial operation and declaration of commercial operation of generating stations and inter-State transmission systems; cyber security etc.

Source

Inclusion of classification rating in promotional and publicity material

Publishers of online curated content have been advised to ensure display of age-based classification rating in advertisements and other promotional material published on media platforms.

Source

Streamlining the procedure for grant of industrial licenses

The Department for Promotion of Industry and Internal Trade (DPIIT) has issued a press note to streamline the procedure for grant of industrial licenses, wherein the validity of industrial license is extended from 3 years to 15 years.

Source

Miscellaneous laws updates

Legal Metrology (Packaged Commodities) (Amendment) Rules, 2023

The date of enforcement of the Legal Metrology (Packaged Commodities), Amendment Rules, 2022, has been extended from 1st July, 2023 to 1st September, 2023.

Source

Consumer Protection (Direct Selling) (Amendment) Rules, 2023

The amendment has widened the scope of the term direct selling entity under the Consumer Protection (Direct Selling) Rules, 2021.

Source

Local laws updates

Maharashtra Fire Prevention and Life Safety Measures (Amendment) Act, 2023

The Government of Maharashtra has notified amendments to the Maharashtra Fire Prevention and Life Safety Measures Act, 2006.

Source

Contributors to the newsletter:

Prasanta Kumar Sahu, Partner

Rajan Dubey, Associate Partner

Rashmi Vinod, Consultant

Sangeetha Sembieyan, Consultant