Central and state labour laws updates

Integration of 13 services under Labour department with the State Single Window Portal of West Bengal

Silpasathi, the Single Window Portal (www.silpasathi.wb.gov.in) is the single point for investors to obtain Licenses/ Registration/ Approvals/ NOCs online. Pursuant to the notification dated 27th December 2022, the State Government of West Bengal has integrated thirteen (13) services under the Labour Department, with the State Single Window Portal. Some of the services are - License under The Factories Act. 1948, Registration of Boilers under The Boilers Act, 1923, License for contractors under provision of The Contracts Labour (Regulation and Abolition) Act, 1970, Registration under The Shops and Establishment Act, 1963, etc.

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Tamil Nadu Factories Rules (Amendment Notification, 2022)

Rule 63-B, Schedule XVII in Rule 95 and Schedule XXIV in Rule 95 have been amended to include the term "or Tamil Nadu Apex Skill Development Centre for Health Care" after the expression "Saint John's Ambulance Association". Persons who are in charge of first-aid boxes shall be persons who possess the certificate granted by the Saint John's Ambulance Association for rendering first-aid or by the Tamil Nadu Apex Skill Development Centre for Health Care.

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Launch of unified portal for principal employers - Employee's Provident Fund Organization

The Employee's Provident Fund Organization has launched a unified portal i.e., https://unifiedportal-emp.epfindia.gov.in/epfo/ for the Principal Employers to login and view the EPF compliances in respect of their contractors and their contract workers.

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Mandatory creche facility for female workers in factory / unit in Maharashtra SEZ

Creche facility should be provided for female employees, if more than 50 female workers are employed in the factory/ unit. In case the unit is not in a position to provide creche facility in the Unit, then in such case, the unit can avail the common creche facility provided by SEEPZ SEZ Authority.

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Mandatory submission of application for license or renewal by factories in Puducherry under the CLRA Act, 1970, through online mode

Application for license or renewal under the Contract Labour Act, 1970 for engagement in factories of Puducherry, Mahe and Yanam regions should be provided through online mode only.

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Environment laws updates

Amendment of Ash utilization notification - MoEFCC

The norms for ash utilization by coal or lignite based thermal power plants has been amended by the Ministry of Environment, Forest and Climate Change vide notification dated 30th December 2022.

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Public notice all occupiers of health care facilities in Western Zone of Odisha

All Health Care Facilities (HCFs) in Western Odisha have been directed to avail the services of the new Common Biomedical Waste Treatment & Disposal Facility (CBWTDF) mentioned in the notice, for proper treatment of biomedical waste within a period of three months i.e., by 31st March 2023 in accordance with the provisions of the Biomedical Waste Management Rules, 2016.

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Public notice to dealers of lead-acid batteries, producers etc. - Odisha PCB

All entities involved in collection, segregation and treatment of waste batteries, refurbishers of used batteries and recycler of waste batteries are required to obtain consent to establish and consent to operate under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and authorization under the Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016.

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Corporate laws updates

Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2023

Form No. MR.1 (Return of appointment of managerial personnel) and Form No. MR.2 (Form of application to the Central Government for approval of appointment of managing director or whole-time director or manager) in the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 have been substituted. The amended Rules will come into force with effect from 23rd January 2023.

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The Companies (Authorised to Register) Amendment Rules, 2023

Rule 3(2) relating to documents and information to be submitted along with Form No. URC-1 has been amended. Form No. URC-1 (Application by a company for registration under section 366) has also been substituted. The amendment will come into force with effect from 23rd January 2023.

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Companies (Registration of Foreign Companies) Amendment Rules, 2023

Form No. FC-1 (Information to be filed by foreign company), Form No. FC-2 (Return of alteration in the documents filed for registration by foreign company), Form No. FC-3 (Annual accounts along with the list of all principal places of business in India established by foreign company) and Form No. FC-4 (Annual Return of a Foreign Company) have been substituted. The amendment will come into force with effect from 23rd January 2023.

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Companies (Prospectus and allotment of securities) Amendment Rules, 2023

Form-PAS-2 (Information Memorandum), Form-PAS-3 (Return of Allotment), and Form-PAS-6 (Reconciliation of Share Capital Audit Report (Half-yearly)) have been substituted. The amendment will come into force with effect from 23rd January 2023.

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The Companies (Accounts) Amendment Rules, 2023

Form No. AOC-5 (Notice of address at which books of account are to be maintained) has been substituted. The amendment will come into force with effect from 23rd January 2023.

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Companies (Management and Administration) Amendment Rules, 2023

Form No. MGT.3 (Notice of situation or change of situation or discontinuation of situation, of place where foreign register shall be kept) and Form No. MGT.14 (Filing of Resolutions and agreements to the Registrar) have been substituted. The amendment will come into force with effect from 23rd January 2023.

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General Circular No.10/2022 - Clarification of holding of Annual General Meeting (AGM) through Video Conference (VC) or Other Audio-Visual Means (OAVM)

The Ministry of Corporate Affairs vide Circular dated 28th December 2022 has allowed companies whose AGMs are due in the year 2023 to hold Annual General Meetings (AGMs) through Video Conference (VC) or Other Audio-Visual Means (OAVM) on or before 30th September 2023.

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General Circular No.11/2022 - Clarification on passing of Ordinary and Special resolutions by companies

The Ministry of Corporate Affairs vide Circular dated 28th December 2022 has allowed companies to conduct their EGMs through Video Conference (VC) or Other Audio-Visual Means (OAVM) or transact items through postal ballot in accordance with the prescribed framework up to 30th September 2023.

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Industry related laws updates

Extension in timeline for implementation of FSSAI direction regarding standards of packaged drinking water

The Food Safety and Standards Authority of India (FSSAI) has extended the timeline for implementation of the direction issued vide File No. SS-M015/1/2022-Standard FSSAI dated 30.05.2022, operationalizing Draft Food Safety and Standards (Food Product Standards and Food Additives) Amendment Regulations with regard to the values of Total Dissolved Solids, Calcium and Magnesium, and subsequent direction dated 21.06.2022 regarding partial modification in the above directions, by 1st July, 2023 or until final notification of ibid draft regulations whichever is earlier.

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FSSAI direction regarding re-operationalisation of Food Safety and Standards (Labelling and Display) Amendment Regulations 2022

The provisions relating to labelling requirements of non-retail container, minimally processed food, tolerance limit, warning statement etc. has been re-operationalized with effect from 1st January 2023.

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Extension for compliance towards requirement of health certificate – FSSAI Order

The Food Safety and Standards Authority of India (FSSAI) had issued an Order dated 3rd August 2022 and subsequent orders dated 26th September 2022 and 27th October 2022, regarding the requirement of Health Certificate for import of milk and milk products, fish and fish products and pork and pork products. The date of implementation of the Order has been extended by another two months, i.e., from 1st January 2023 to 1st March 2023.

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Escalation matrix for raising grievances/queries related to central licenses / applications

The Food Safety and Standards Authority of India (FSSAI) by advisory dated 11th January 2023 has prescribed the escalation matrix for Food Business Operator (FBO) to represent its case, in case any FBO is aggrieved by the decision taken by the Central Licensing Authorities (CLA).

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Ease of doing business: instant renewal of license/registration – FSSAI

Renewal of license or registration upon submission of application by the Food Business Operator (FBO) will be granted instantly, without requiring the scrutiny or approval of the concerned authority subject to the conditions mentioned in the FSSAI Order dated 11th January 2023. This Order will be applicable for the applications submitted on or after 12th January 2023.

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Manufacturers including repacker and relabellers to upload or link mandatory Lab Testing Report (Six-monthly) on FoSCos

The Food Safety and Standards Authority of India (FSSAI) has mandated all manufacturers including repacker and relabellers to either upload the six-monthly lab testing reports or link such lab reports from the InFoLnet wherever the samples are analyzed by FSSAI notified labs, through FoSCoS (Food Safety Compliance System). The last date for uploading/ linking the six-monthly lab test report for the period April 2022 to September 2022 is 31st March 2023. Thereafter, the FBOs should upload the reports within the period prescribed in the Order dated 13th January 2023.

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Food Safety and Standards (Food Products Standards and Food Additives) First Amendment Regulations, 2023

The amended regulation prescribes the standards for basmati rice, milk and milk products, limits of naturally occurring formaldehyde in freshwater and marine fish, etc. The amendments will come into effect from 1st August 2023 except the amendment regarding the limit of formaldehyde which will come into effect from 11th January 2023.

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The Indian Telegraph (Infrastructure Safety) Rules, 2022

The Department of Telecommunications under the Ministry of Communications has formulated the Indian Telegraph (Infrastructure Safety) Rules, 2022 to address the issues of safety or the existing telecom infrastructure. Any person who wishes to exercise a legal right to dig or excavate any property which is likely to cause damage to a telegraph infrastructure or interrupt or interfere with telegraphic communication should give notice to the licensee through common portal, prior to commencement of such exercise.

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Madhya Pradesh Electricity Regulatory Commission (Co-Generation and Generation of Electricity from Renewable Sources of Energy) (Revision-II) Regulations 2021 (First Amendment) [ARG-33(II)(i) of 2023]

The amended Regulations has inserted new definitions and provisions relating to own generation from renewable energy sources, purchase of green hydrogen or green ammonia, green certificate, etc.

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Central Electricity Authority (Technical Standards for Construction of Electrical Plants and Electric Lines) Regulations, 2022

The Regulations prescribes the general requirements for Electrical Plants and Electrical Lines; Technical standards for construction of thermal generating stations; Technical standards for construction of Hydro-Electric generating stations; Substations and Switchyards, etc. The Regulations will be applicable to generating companies, transmission licensees, distribution licensees, Central Transmission Utility and State Transmission Utilities.

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Miscellaneous laws updates

Central Motor Vehicles (Twenty-Sixth Amendment) Rules, 2022

The amended Rules have inserted new provisions relating to sale and purchase of registered vehicles through authorised dealers. An authorised dealer of registered vehicle shall be a dealer who is authorised to engage in sale or purchase of registered vehicles. The amended Rules will come into force with effect from the 1st day of April 2023.

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Legal Metrology (Packaged Commodities) (Amendment) Rules, 2022

The Ministry of Consumer Affairs, Food & Public Distribution vide notification dated 29th December 2022 has extended the date of enforcement of the Legal Metrology (Packaged Commodities), Amendment Rules, 2022, from 1st January2023 to 1st February 2023.

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Ethylene Glycol (Quality Control) Order, 2022

The Ministry of Chemicals and Fertilizers vide notification dated 28th December 2022 has issued the Ethylene Glycol (Quality Control) Order, 2022, wherein the Order mandates that Ethylene Glycol should bear the Standard Mark under a licence from the Bureau of Indian Standards.

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Karnataka Panchayat Raj (Zilla Panchayats, Taluka Panchayats and Grama Panchayats control over Erection of Buildings) (Amendment) Model Bye-Laws, 2022

The provisions relating to Industrial Buildings in the Karnataka Grama Swaraj and Panchayath Raj (Zilla Panchayaths, Taluka Panchayaths and Grama Panchayaths control over Erection of Buildings) Model Bye-Law 2015 have been amended.

Source: Notfn. No. RDP 29 GPA 2022 (Government of Karnataka)

Amendments to the Tamil Nadu Combined Development and Building Rules, 2019

The amendment has inserted new clauses in the Rules to prescribe the minimum distance between the Wind Electricity Generator (WEG) and public roads / Railway tracks / Highways / High Voltage electric lines/ Buildings / Public Institutions and dwelling unit.

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Firm News

1. Link Legal (currently Dentons Link Legal) has been ranked in Aviation, Banking & Finance, Corporate and M&A, Dispute Resolution: Litigation, Projects & Energy, Antitrust and Competition, Restructuring & Insolvency, TMT, Private Equity and Investment Funds, Life Sciences & Healthcare. Labour & Employment practice is also recognized as a Firm to Watch in The Legal 500 Asia-Pacific 2023 Rankings. Read more
2. Our Executive Chairman, Managing Partners, Partners and Associate Partner have been recognised as “Recommended Lawyers” in their respective practice areas in The Legal 500 (Legalease) Asia-Pacific 2023 Rankings. Read more
3. Our Partner, Abhishek Sharma and Associate Partners, Ambuj Sonal and Pradnesh Warke have been recognised as “Next Generation Partners” in their respective practice areas in The Legal 500 (Legalease) Asia-Pacific 2023 Rankings. Read more
4. Our Executive Chairman, Atul Sharma, Managing Partners, Nusrat Hassan and Anand Srivastava and Partner, Milind Jha have been recognised as “Leading Individuals” in their respective practice areas in The Legal 500 (Legalease) Asia-Pacific 2023 Rankings. Read more
5. Our Associate Partner, Mr. Ambuj Sonal has been recognized as India Business Law Journal’s Future Legal Leader. Read more

Awards and recognition 

1. Ranked highly in various practice areas such as Aviation, Projects, Infrastructure, Energy, Construction, Banking & Finance, Corporate and M&A, Dispute Resolution, International Arbitration, Competition/ Antitrust, Restructuring & Insolvency, Capital Markets, Labour & Employment, Private Equity, Real Estate and TMT by Chambers and Partners, The Legal 500, RSG, Benchmark Litigation, India Business Law Journal, Asian Legal Business, IFLR1000, Asialaw, among others.
2. Partners of the Firm are highly ranked by leading global publications including Chambers and Partners, The Legal 500, Benchmark Litigation, India Business
3. Law Journal, Asian Legal Business, IFLR1000, and Asialaw, among others.
4. Ranked in Construction, Energy, Infrastructure, Aviation, Banking & Finance, Banking & Financial Services, Restructuring & Insolvency, Corporate and M&A,
5. Dispute Resolution, Capital Markets, Competition/Antitrust, Private Equity, Real Estate and TMT by Asialaw Profiles 2023.
6. Winner in Aviation, and Infrastructure & Project Finance at India Business Law Journal’s 2022 Indian Law Firm Awards.
7. Top Law Firm (Above 10 years’ experience) across practice areas including Alternate Dispute Resolution – Arbitration/Mediation, Infrastructure & Projects,
8. Project Finance, Joint Venture, M&A, PE & VC, and Restructuring, Insolvency & Bankruptcy in the Forbes India Legal Powerlist 2021.
9. Recognized as one of the Largest Law Firms in India in Asian Legal Business Asia's Top 50 Largest Law Firms 2021 list.
10. M&A Law Firm of the Year and Insolvency & Bankruptcy Code Law Firm of the Year Awards at The IDEX Legal Awards 2021.
11. Infrastructure & Project Finance Law Firm of the Year Award at Legal Era Indian Legal Awards 2020-21.
12. Ranked as one of the Top 10 Law Firms in India in the M&A League Table by VCCEdge.
13. Ranked as one of the Top 10 Law Firms in India in the M&A League Table by Venture Intelligence.
14. Ranked #13 in Top Ranked Law Firms: India by Top Ranked Legal 2020 for Aviation, Banking & Finance, Capital Markets, Competition/Antitrust, Corporate.
15. M&A, Dispute Resolution, Labour and Employment, Projects, Restructuring and Insolvency, and TMT.