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As businesses revive after the pandemic, they need to work harder towards the highest level of compliance. We at Link Legal will help to deal with the effort required to address the compliance issues under various laws.
CENTRAL / STATE LABOUR LAWS UPDATES
Guidelines for Payment of Bonus or Ex-gratia to the employees in West Bengal
The Governor of West Bengal vide notification dated 15/09/2021 has made an appeal to all employers and employees of the state covered under Payment of Bonus Act, 1965 to follow the guidelines while settling the legitimate dues of workers in respect of payment of bonus, in view of the ensuing Durga Puja, for the year 2021.
Source
EPFO notifies Employer Guidelines for rectification of details for KYC update of members
EPFO vide circular dated 28/08/21 has notified employers "Guideline for Rectification of Details for KYC Update of Member and Proof of Documents required for availing services". Employers have been requested to follow the prescribed guidelines subject to submission of correct proof of documents and records to enable the member to update the KYC and to avail the benefit of online settlement and EPFO services.
Source: EPFO Circular dated 28/08/21
Submission of Information on Accidents in Factories on online system
Government of Maharashtra has developed an online system to ensure timely receipt of information on accident in the factory. In case of fire, air leak, explosion or any other accident in factories, all manufacturers are advised to fill the details in Form No.24 or 24-A of the Accident Reporting System, which could be found on the Directorate's website and should be submitted with the signature of the Occupant/Manager of the Factory to the concerned office of the directorate within the prescribed time.
Source
Workplace misunderstanding not the same as sexual harassment
The Hon’ble High Court of Madras held that personal feud, misunderstandings and not getting along with a colleague would not constitute sexual harassment.
Source: Mary Rajashekaran V. University of Madras and Ors. Rep by its Registrar and Ors. (WP No. 10364 of 2016 and 1298 of 2021)
ENVIRONMENT AND SAFETY LAWS UPDATES
The Plastic Waste Management (Second Amendment) Rules, 2021

The Ministry of Environment, Forest and Climate Change has notified the Plastic Waste Management (Amendment) Rules, 2021 to further amend the Plastic Waste Management Rules, 2016.  Carry bags made of recycled plastic or products made of recycled plastic can be used for storing, carrying, dispensing, or packaging ready to eat or drink food stuff subject to the notification of appropriate standards and regulation under the Food Safety and Standards Act, 2006 by the Food Safety and Standards Authority of India.

Source
Static and Mobile Pressure Vessels (Unfired) (Amendment) Rules, 2021

The Ministry of Commerce and Industry has notified the Static and Mobile Pressure Vessels (Unfired) (Amendment) Rules, 2021 to amend the Static and Mobile Pressure Vessels (Unfired) Rules, 2016. New definitions of ISO Tank Container and Third Party Inspection Agency have been introduced. New forms relating to permission / transport / import compressed gas in ISO Tank containers have also been introduced.

Source
National Green Tribunal (NGT) imposes a penalty of Rs. 57.96 lakhs on NTPC for damaging the environment

The penalty was imposed based on the polluter pays principle for the restoration of the environment.

Source
FINANCE LAWS UPDATES
Central Goods and Service Tax, (Seventh Amendment) Rules, 2021

The Central Board of Indirect Taxes and Customs (CBIC), on August 29, 2021 has notified the Central Goods and Services Tax (Seventh Amendment) Rules, 2021 to extend the facility of filing of  FORM GSTR 3B/ GSTR 1/ IFF by companies using Electronic Verification Code (EVC), instead of Digital Signature Certificate (DSC) upto 31/10/2021.

Source
Extension of timelines for e-filing of various Forms under the Income-tax Act, 1961

The Central Board of Direct Taxes (CBDT) by Circular dated 29/08/2021 has extended the due dates of various forms under the Income Tax Act, 1961. Some of them have been enumerated below:

  1. Form No. 10A - on or before 31st March 2022;
  2. Form No. 10AB – on or before 31st March 2022;
  3. Equalization Levy statement in Form No. 1 – on or before 31st December 2021;
  4. Quarterly statement in Form No. 15CC – on or before 31st December 2021;
  5. Form No. 15G/15H for the quarter ending 30th June, 2021 – on or before 30th November 2021;
  6. Form No. 15G/15H for the quarter ending 30th September, 2021 – on or before 31st December, 2021;
  7. Form No. 3CEAC, Form No. 3CEAD and Form No. 3CEAE - on or before 31st December 2021.
Source
The Income Tax (25th Amendment) Rules, 2021
The Central Board of Direct Taxes (CBDT) has notified the Income Tax (25th) Amendment Rules, 2021 to amend the Income Tax Rules, 1962, wherein for the purpose of calculation of taxable interest, separate account within the provident fund account should be maintained during 2021-22 and all subsequent years for taxable and non-taxable contributions made by a person.
Source
CBDT extends the due dates for filing of Income Tax returns and certain other audit reports
The Central board of Direct Taxes (CBDT) by Press Release dated 9th September 2021 extended the due dates for filing the Income Tax returns and various reports of audits for the assessment year 2021-22.
Source
INDUSTRY RELATED LAWS UPDATES
Ministry of Heavy Industry publishes guidelines on Production Linked Incentive (PLI) scheme for Automobile and Auto components
The Ministry of Heavy Industry has released the Production Linked Incentive (PLI) scheme for Automobiles and Auto Components, which proposes financial incentives to increase domestic manufacturing of Advanced Automotive Technology products and attract investments in the automotive manufacturing value chain.
Source
APTEL grants deemed generation compensation for arbitrary back down instructions
The Appellate Tribunal of Electricity has granted solar power generators in Tamil Nadu, deemed generation compensation for arbitrary back down and curtailment based on the tariff set out in the power purchase agreement, even though there was no underlying provision providing for such compensation.
Source
Food Safety and Standards (Fortification of Foods) First Amendment Regulations, 2021

The Food Safety and Standards Authority of India (FSSAI) has notified the Food Safety and Standards (Fortification of Foods) First Amendment Regulations, 2021 to amend the Food Safety and Standards (Fortification of Foods) Regulations, 2018. The Regulation has been modified to include Persons with Sickle Cell Anaemia, in the statement, relating to package of food, fortified with iron. Schedule-I of the Regulation has also been modified.

Source
Food Safety and Standards (Fortification of Foods) Second Amendment Regulations, 2021

The Food Safety and Standards Authority of India (FSSAI) has notified the Food Safety and Standards (Fortification of Foods) Second Amendment Regulations, 2021 to amend the Food Safety and Standards (Fortification of Foods) Regulations, 2018. Provisions relating to 'Compliance with Standards on Micronutrient Content in Fortified Foods', has been substituted. The Food Business Operator should comply with all the provisions of these regulation by 1st April, 2022.

Source
Food Safety and Standards (Labelling and Display) First Amendment Regulations, 2021

The Food Safety and Standards Authority of India (FSSAI) has notified the Food Safety and Standards (Labelling and Display) First Amendment Regulations, 2021 to amend the Food Safety and Standards (Labelling and Display) Regulations, 2020. Amendments have been made in provisions relating to mandatory declarations and in Schedule II. The Food Business Operator should comply with all the provisions of these regulations by 17th November, 2021.

Source
New Drugs and Clinical Trials (Amendment) Rules, 2021

The Ministry of Health and Family Welfare has notified the New Drugs and Clinical Trials (Amendment) Rules, 2021 to amend the New Drugs and Clinical Trials Rules, 2019. The definition of ‘bioavailability and bioequivalence study center’ has been revised.

Source
FIRM NEWS
  • RBI's Framework for transfer of Loan Assets Read More
  • IBC Pitfalls and Solutions: Observations of Parliamentary Standing Committee Report Read More
  • One-stop-shop for Business Approvals: India launches ‘National Single Window System’ Read More
  • Link Legal advised and assisted Classklap Private Limited and its promoters in its acquisition by Proficiency Learning Solutions Private Limited (brand name “Eupheus”) Read More
  • Real Money Gaming and Betting in Foreign Currencies: Points to be Noted Read More
  • Overview of Laws & Regulations: Pharmaceutical Drugs & Vaccines Industry Read More
  • Procurement Routes for Contract Read More
  • IBC: MSMEs and the Pre-Pack Insolvency Resolution Process Read More
  • 4th Annual Airport Modernization Summit 2021 Read More
AWARDS & RECOGNITION
  • Winner in Aviation, Energy & Natural Resources and Infrastructure & Project Finance at India Business Law Journal’s 2021 Indian Law Firm Awards.
  • M&A Law Firm of the Year and Insolvency & Bankruptcy Code Law Firm of the Year Awards at The IDEX Legal Awards 2021.
  • Infrastructure & Project Finance Law Firm of the Year Award at Legal Era Indian Legal Awards 2020-21.
  • Ranked in the India Loans League Table Report H1 2021 published by Debtwire (Acuris).
  • Ranked as one of the Top 15 Law Firms in India in Private Equity League Table by Venture Intelligence.
  • Ranked as one of the Top 15 Law Firms in India in M&A and Private Equity League Tables by VCCEdge.
  • Ranked #15 in Top Ranked Law Firms: India by Top Ranked Legal 2020 for Aviation, Banking & Finance, Capital Markets, Competition/ Antitrust, Corporate/ M&A, Dispute Resolution, Labour and Employment, Projects, Restructuring and Insolvency and TMT.
  • Recognised as one of the Largest Law Firms in India in Asian Legal Business' Asia's Top 50 Largest Law Firms list.
  • Recognised as one of the ‘Best Brands’ at the Economic Times - Best Brands Summit 2019.
  • Ranked #14 among top 40 Indian Law Firms by RSG Consulting, 2019.
  • 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, TMT, etc. by Chambers and Partners, The Legal 500, RSG, Benchmark Litigation, India Business Law Journal, Asian Legal Business, IFLR1000, Asialaw, among others.
  • Partners of the Firm are highly ranked by leading global publications including Chambers and Partners, The Legal 500, Benchmark Litigation, India Business Law Journal, Asian Legal Business, IFLR1000, asialaw, among others.
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Disclaimer:

The contents of this newsletter are intended for information purposes only. Parts of this newsletter are based on news reports and have not been independently verified. The newsletter is not in the nature of a legal opinion or advice and should not be treated as such. Link Legal does not warrant the accuracy and completeness of this newsletter, and readers are encouraged to seek professional advice before acting upon any of the information provided therein. In no event will Link Legal be liable for any loss whatsoever arising out of the use of or reliance on the contents of this newsletter. This newsletter is the exclusive copyright of Link Legal and may not be circulated, reproduced or otherwise used by the intended recipient without the prior permission of its originator.
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