Dentons US LLP
12/02/2024 | News release | Distributed by Public on 12/02/2024 05:28
Regulatory Compliance | November 2024
December 2, 2024
This November newsletter covers categories of updates relating to labour, industry, environment, corporate and miscellaneous laws. Notification of Guidelines on Prevention and Regulation of Greenwashing or Misleading Environmental Claims, 2024 to curb misleading environmental claims; notification of Ecomark Rules, 2024 to grant Ecomark to products that meet specified environmental criteria; advisories issued under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; amendments under the Kerala Labour Welfare Fund Rules, 1977 and amendment under the Toys (Quality Control) Order, 2020 are some of the major updates covered in this newsletter.
Central/ State Labour Laws Updates
Online-only submission for renewals and registrations under the Labour Laws - Delhi
The Delhi Government has directed the submission of application for registration/license through the portals edistrict.delhigovt.nic.in and sws.delhi.gov.in for services of renewal and registration of license under the Factories Act, 1948; renewal of Certificate of Boilers under the Boilers Act, 1923; license and renewal of license for contractors under the Contract Labour (Regulation and Abolition) Act, 1970; registration under the Shops and Establishment Act, 1954 etc.
Guidelines for processing of Digital signature certificate (DSC) and E-sign requests submitted by an employer- EPF (Employees Provident Fund)
The Employees Provident Fund Organisation has issued guidelines for processing Digital Signature Certificate (DSC) and E-Sign requests that are submitted by employers.
Notification regarding amendment under Factories Act, 1948 (for hazardous and non hazardous units) in Kerala
This notification replaces the previous notification dated 6th November, 2019 and declares that the provisions of the Factories Act, 1948 will apply to any place in Kerala wherein any hazardous and non-hazardous manufacturing process specified in the schedule to the notification is carried on.
Source: Order No. G.O.(Rt) No.1011/2024/LBR, Labour and Skill Department, Government of Kerala
Kerala Labour Welfare Fund (Amendment) Rules, 2024
The amended Rules provide for online payment of fines/deductions/unpaid accumulations and maintenance of registers manually or electronically.
Source: Notification No. G.O.(P)No.68/2024/LBR, Labour and Skill Department, Government of Kerala
Online Dashboard and Compliance Dashboard in West Bengal
The online dashboard will display the time limit as prescribed, number of applications received and approved, average, median, minimum, and maximum time taken for obtaining approval and the fees to be paid by the enterprise or applicant for availing a particular service.
Submission of ER-II returns - Haryana
The employment department of Haryana has directed all industrial units, schools, colleges and hospitals in Gurugram to submit the biennial return in Form ER-II immediately within one week.
Source: Letter No:- EMI/ER-II/2024/1172 dated 23/10/2024 issued by Employment Department, Haryana
Industry Related Laws Updates
Extension of provision for Instant (Tatkal) issuance of License/Registration in certain categories of food businesses - FSSAI
The Food Safety and Standards Authority of India (FSSAI) has extended the provision relating to instant (Tatkal) issuance of license/registration nationwide excluding the states/ Union Territory of Chandigarh, Himachal Pradesh, and Meghalaya. This will apply to the special categories such as wholesalers, distributors, retailers, transporters, storage without any atmospheric control, importers, food vending agencies, direct sellers, merchant-exporters, etc.
Mandatory submission of compliance reports - TRAI
The Telecom Regulatory Authority of India (TRAI) has directed all service providers having Unified Access Service License; Unified License with authorization for Access Service; Internet Service Authorization under any License; and Authorization under the Telecommunications Act, 2023 for providing Access or Broadband Service, to submit compliance report within the prescribed period mentioned in the direction.
Toys (Quality Control) Amendment Order, 2024
According to the Amendment Order, the Toys (Quality Control) Order, 2020 will not apply to import of up to 300 numbers (max 5 numbers each type of samples) of goods and articles per financial year for the purpose of research and development for toys and related parts by each of the manufacturers who are certified by the Bureau of Indian Standards and subject to conditions prescribed under the Order..
Mandatory submission of Quarterly Progress Reports by promoters - Kerala RERA
According to the circular issued by the Kerala Real Estate Regulatory Authority (RERA), all promoters are reminded about the uploading of the updated Quarterly progress report (QPR) periodically on the Authority's web portal which is a mandatory requirement after the project registration.
Maharashtra installation of Closed Circuit Television (CCTV) system based on the Artificial Intelligence (AI) and Machine Learning (ML) at the licensed premises Order, 2024
The license holders should ensure the pre-requisites at the premises like an adequate space for the installation of CCTV and all related equipment; broadband stable wired internet connection of at least 10 Mbp; uninterrupted power supply and installed CCTV system based on Artificial Intelligence and Machine Learning feed should be sent to the Command and Control Centre set up by the Commissioner of State Excise.
Source: Order No. FLR-0724/C.R.106/Exc-2. Home department, Government of Maharashtra
Environmental Laws Updates
Guidelines on Prevention and Regulation of Greenwashing or Misleading Environmental Claims, 2024
To curb misleading environmental claims, the Central Consumer Protection Authority (CCPA) has issued guidelines on Prevention and Regulation of Greenwashing and Misleading Environmental Claims.
The Ecomark Rules, 2024
According to the Ecomark Rules, 2024, Ecomark may be granted to products that meet specified environmental criteria with respect to resource consumption and environmental impacts, in particular the impact on climate change, impact on nature and biodiversity energy consumption, generation of waste, emissions to all environmental media, pollution
through physical effects and use and release of hazardous substances.
Observance of due diligence by Intermediaries under the Information Technology Act, 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
The intermediaries including social media intermediaries must observe their due diligence obligations that include the prompt removal or disabling access to unlawful information specified under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including hoax bomb threats, well within the strict timelines as prescribed under the Rules.
Compliance under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
The Significant Social Media Intermediary (SSMI) should publish periodic compliance report every month and submit an action taken-cum-status report before the 10th of every month to the Ministry of Electronics and Information Technology.
Corporate Laws Updates
Circular regarding clarification on holding of Annual General Meeting (AGM) and EGM through Video Conference (VC) or Other Audio Visual Means (OAVM) and passing of Ordinary and Special resolutions by the companies under the Companies Act, 2013
Companies whose Annual General Meetings (AGMs) are due in the year 2024 or 2025 are allowed to conduct their AGMs through Video Conference (VC) or Other Audio Visual Means (OAVM) on or before 30th September, 2025 in accordance with the requirements covered under General Circular No.20/2020.
Miscellaneous Laws Updates
Offshore Areas Operating Right Rules, 2024
The Offshore Areas Operating Right Rules, 2024 has been notified in supersession of the Offshore Areas Mineral Concession Rules, 2006. These rules will apply to all minerals in the offshore areas except mineral oils and hydrocarbons and atomic minerals with specified grade and threshold value.
Contributors to the newsletter:
- Prasanta Kumar Sahu, Partner
- Rashmi Vinod, Consultant