The objective of this newsletter is to contribute curated informational content on industry or niche 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 December newsletter covers categories of updates relating to labour and industry related laws. The recent judgement of the Hon'ble Punjab and Haryana High Court declaring Haryana's Law mandating 75% quota in private sector as unconstitutional and the judgement of the Court of Chief Commissioner of Persons with Disabilities emphasizing that all airlines operating in the country are responsible for implementing the provisions of the Rights of Persons with Disabilities Act 2016, are some of the notable contents covered in this newsletter.

Central / State Labour Law updates  

The 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 rural sector specific harmonized accessibility standards/guidelines, as specified in the notification of the Ministry of Rural Development, Government of India vide notification number G.S.R. 77, dated the 26th June, 2023.

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Reduction of compliance burden of the principal employer/contractor

The Commissioner of Labour, Delhi government has issued an office order regarding the reduction of compliance burden of the principal employer/contractor under the Contract Labour (Regulation and Abolition) Act, 1970. 

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Haryana's Law mandating 75% quota in private sector declared unconstitutional by the Punjab and Haryana High Court 

A division bench of the Hon’ble High Court held that the Haryana State Employment of Local Candidates Act, 2020, was beyond the state's legal authority (ultra vires) and violated Part III of the Constitution.

Industry Related Law updates

All airlines operating in India should implement the provisions of the Rights of Persons with Disabilities Act, 2016

In a recent judgement, the Court of Chief Commissioner of Persons with Disabilities emphasized that all airlines, whether Indian or foreign, operating in the country are responsible for implementing the provisions of the Rights of Persons with Disabilities Act 2016, specifically outlined in Sections 40 and 41, along with relevant rules and instructions.

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Revision of option for selection of validity period for FSSAI License/Registration application

Food Business Operators applying for new license/registration or applying for renewal will be able to select the validity period of 1 to 5 years in their applications with effect from 08th November, 2023.

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Re-operationalisation of Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations 2021

A direction has been issued under Section 16(5) of Food Safety and Standards Act, 2006 to re-operationalize the Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations, 2021.

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Clarification with regard to declaration of address of the brand owner on food labels

As per the advisory issued by Food Safety and Standards Authority of India (FSSAI), the declaration of address of the brand owner can be provided by the FBO either through text or Barcode/GTIN on the label.

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Directions regarding display of “Best Before date” in case of non-packaged/loose sweets

As per the directions, Food Business Operators (FBOs) may declare “Best Before date” on non-packaged sweet/loose sweet containers/ trays on volume/ optional basis.

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Special Economic Zones (Fourth Amendment) Rules, 2023

Hybrid working option introduced under the amended Rules for employees of Information Technology Units and Information Technology enabled services; employees, who are temporarily incapacitated; employees, who are travelling and employees working offsite.

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FSSAI Order on rectification of labelling information of imported food consignments  

The Order relates to permission for rectification of labelling deficiencies on imported food consignment in the custom bonded warehouse.

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Miscellaneous Law updates

Extension of time limit for Retro-fitting of Emission Control Device (RECD)

The time limit for implementation of the circular relating to retro-fitting of Emission Control Device (RECD) in-use diesel operated internal combustion engines (D.G. sets) in Maharashtra has been extended up to 31st December, 2023.

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Warehousing (Development and Regulation) Registration of Warehouses (Second Amendment) Rules, 2023

No applicant will be liable to pay application fee for registration or renewal of warehouses storing only agricultural goods, till 25th October, 2025.

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Contributors to the newsletter:

• Prasanta Kumar Sahu, Partner
• Rajan Dubey, Associate Partner
• Rashmi Vinod, Consultant
• Sangeetha Sembieyan, Consultant
• Karishma Singh, Associate