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  • 06Sep
    2019

    India-Labour & Employment Alert (August 2019)

    The Central Government notified the Wages Code, which repeals and subsumes four principal labour laws, i.e. Minimum Wages Act, Payment of Wages Act, Payment of Bonus Act and Equal Remuneration Act. The Wages Code ensures minimum wages and timely payment of wages to all employees and workers and provides that employees should get their monthly...

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  • 06Sep
    2019

    India Business Bulletin (August 2019)

    The Union Cabinet has approved amendments to the Foreign Direct Investment (“FDI”) Policy which reviews the extant provisions on various sectors with a view to make India a more attractive destination for investment. Download the PDF file .

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  • 04Sep
    2019

    White Collar Journal (September 2019)

    The Central Bureau of Investigation (“CBI”) has registered a corruption case against Rolls Royce Plc (“Rolls Royce”) and its Indian subsidiary, Rolls Royce India Private Limited. The others accused in this case are Singapore based Aashmore Private Limited (“Aashmore”) and one of its directors, Turbotech Energy Services International Private Limited (Turbotech), and some unknown officials...

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  • 05Aug
    2019

    India-Labour & Employment Alert (July 2019)

    The Wages Code once notified will replace the Payment of Wages Act, 1936, Minimum Wages Act, 1948, Payment of Bonus Act, 1965, and the Equal Remuneration Act, 1976. The Wages Code universalizes the provision of minimum wages and their timely payment to all employees, irrespective of the sector and wage ceiling. Download the PDF file...

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  • 05Aug
    2019

    India Business Bulletin (July 2019)

    It has been proposed in the Union Budget of 2019 that local sourcing norms applicable on foreign direct investment (“FDI”) would be further relaxed. Currently, 100% FDI is allowed in single-brand retail with the condition that where the investment exceeds 51%, the investment would have to be approved by the Government and the sourcing of...

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  • 19Jul
    2019

    White Collar Journal (July 2019)

    The Securities and Exchange board of India (“SEBI”), India’s capital market regulator has released a discussion paper on the measures that can be taken to prevent insider trading of securities. In the discussion paper, SEBI has highlighted the difficulties associated in finding direct evidence required for prosecution in an insider trading case. Download the PDF...

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  • 12Jul
    2019

    ABA Franchise Law Journal – Primer on Franchising in India

    India is home to over 1.34 billion people and has the sixth largest economy in the world with the gross domestic product of $2.6 trillion (USD).1 Market studies in this area suggest that India may become the third-largest consumer economy in the world by the year 20252 and the second-largest economy in terms of purchasing...

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  • 10Jul
    2019

    India Business Bulletin (June 2019)

    The Ministry of Corporate Affairs (“MCA”) has filed applications at the National Company Law Tribunal (“NCLT”) to debar the auditors of IL&FS Financial Services, namely Deloitte Haskins & Sells and BSR Associates (affiliated to KPMG) for their alleged role in helping hide bad loans and not raising alerts on the misstatements in the accounts. Download...

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  • 09Jul
    2019

    India-Labour & Employment Alert (June 2019)

    Ministry of Labour and Employment has reduced contribution of employers and employees under the Employees’ State Insurance Act (“ESI”) to 4% from existing 6.5%. Now, the employers will contribute 3.25% (1.5% less than existing 4.75%) of employees’ salary and employees will contribute 0.75 % (1% less than existing 1.75%) of their salary. The reduced rates...

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  • 04Jun
    2019

    India-Labour & Employment Alert (May 2019)

    Employees Provident Fund Organisation (EPFO) has introduced one page online form to allow faster withdrawal of EPF amounts. This online service is available to EPF members who have linked their Universal Account Number with Aadhaar. Download the PDF file .

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  • 04Jun
    2019

    India Business Bulletin (May 2019)

    Ministry of Corporate Affairs (“MCA”), vide its circular dated 13 May 2019, has clarified that all the companies which had filed e-form ADT-1 for appointment of auditor as an attachment with e-form GNL-2 during the period from 01 April 2014 to 20 April 2014 (due to non-availability of the said e-form ADT-1 during the said...

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  • 15May
    2019

    White Collar Journal (May 2019)

    Cognizant Technology Solution Corporation (“Cognizant”), headquartered in New Jersey, US agreed to pay the US Securities and Exchange Commission (“SEC”) a disgorgement and prejudgment interest of approximately USD 19 million and a penalty of USD 6 million to settle violations of anti-bribery, books and records, and internal accounting control provisions of the Foreign Corrupt Practices...

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  • 10May
    2019

    Intellectual Property Bulletin (April 2019)

    Recently Gujarat based pharmaceutical companies Cadila Healthcare Ltd., Maan Pharmaceutical Ltd. and West Coast, have been temporarily injuncted by the Gujarat High Court from manufacturing, launching and selling Linagliptin, which is used for treating TYPE-2 Diabetes. The German Company Boehringer Ingelheim Pharma GmbH & Co. KG, has filed a suit and claimed to have a...

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  • 03May
    2019

    India Business Bulletin (April 2019)

    Ministry of Corporate Affairs “MCA” vide its Office Memorandum dated 06 March 2019 had restricted Limited Liability Partnerships “LLP” from undertaking business activities which included manufacturing and allied activities. Download the PDF file .

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  • 03May
    2019

    India-Labour & Employment Alert (April 2019)

    Recently, Supreme Court of India dismissed a Special Leave Petition filed by Employees Provident Fund Organisation (EPFO) against a Kerala High Court order that had asked EPFO to give pension to all retiring employees on the basis of their full salary, rather than capping the figure on which contribution is calculated. It is expected from...

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  • 12Apr
    2019

    India Business Bulletin (March 2019)

    Ministry of Corporate Affairs vide its notification dated 06 March 2019 has notified an amendment in Companies (Incorporation) Rules, 2014 wherein the incorporation (SPICE forms) fees will be zero if the authorized share capital is up to INR 15 Lakhs with effect from 18th March 2019. Download the PDF file .

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  • 12Apr
    2019

    India-Labour & Employment Alert (March 2019)

    The Ministry of Finance, Department of Revenue via notification dated 8th March 2019, has increased the limit of tax-free gratuity to INR 20 lakh under Section 10 (10) (iii) of Income Tax Act, 1961 in relation to employees who retire or become incapacitated prior to such retirement or pass away after the 29th day of...

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  • 14Mar
    2019

    White Collar Journal (March 2019)

    The President of India has promulgated the Banning of Unregulated Deposit Schemes Ordinance, 2019 (“Ordinance”) which has come into effect from February 21, 2019. The Ordinance has been enacted in response to a large number of cases that have been reported recently where poor and gullible investors were defrauded by businesses running illegal investment and...

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  • 14Mar
    2019

    Intellectual Property Bulletin (February 2019)

    The Drug Price Control Order, 2013 has been amended to exempt the drugs patented under the Indian Patents Act, from the ambit of price control regulations for five years. The duration of five years is reckoned from the date of commercial marketing by the manufacturer in India. The drugs for treating orphan diseases are also...

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  • 06Mar
    2019

    India-Labour & Employment Alert (February 2019)

    Ministry of Labour and Employment via notification dated 29th January 2019, amended Rule 5 of Payment of Bonus (Amendment) Rules, 1975. The revised Rule provides that every employer shall, on or before, the 1st day of February in each year, upload unified annual return in Form D on the web portal of the Central Government...

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  • 05Mar
    2019

    India Business Bulletin (February 2019)

    The Ministry of Corporate Affairs (“MCA”) vide its notification dated February 21, 2019 amended the Companies (Incorporation) Rules, 2014 to introduce a new rule titled Active Company Tagging Identities and Verification (ACTIVE) rule for the verification of registered office of the Indian company (“ACTIVE Rules”). These ACTIVE rules shall be effective from February 25, 2019....

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  • 09Feb
    2019

    India-Labour & Employment Alert (January 2019)

    The Ministry of Finance is considering doubling the minimum pension under Employees’ Pension Scheme to INR 2000 per month from current INR 1000 per month. Those part of the Employees’ Provident Fund Organization automatically become subscribers to the EPS. Download the PDF file .

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  • 06Feb
    2019

    India Business Bulletin (January 2019)

    The Companies (Amendment) Bill, 2018 was passed in Lok Sabha on the 4 January, 2019 and is pending before Rajya Sabha. The Government hence considered it necessary to re-promulgate the Companies (Amendment) Ordinance, 2019 (“Ordinance”) on January 12, 2019 to amend the Companies Act, 2013 (“Act”). Download the PDF file .

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  • 18Jan
    2019

    India Update – FEMA-ECB Guidelines

    The Government of India has decided to simplify the existing External Commercial borrowings (ECB) guidelines. New guidelines have been introduced, which are instrument neutral and intended to strengthen the fight against money laundering and combat the financing of terrorism. Download the PDF file .

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  • 18Jan
    2019

    India Update – Use of Electronic Signatures in India

    Electronic signatures and electronic authentication techniques have been given legal recognition by the Government of India under the Information Technology Act, 2000 (“IT Act”). As companies increase the use of electronic  documents, it is essential to understand the legal implications of using electronic signatures Here are some frequently asked questions on the current position of...

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  • 08Jan
    2019

    Intellectual Property Bulletin – December 2018

    The High Court of Calcutta, on application by the defendant, evoked the order of interim injunction passed in relation to the plaintiff’s patent for Fuel Cell System. The Court also held that the plaintiff’s patented invention is merely duplication of known devices and does not involve any novelty and technological advancement over existing technology. Download...

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  • 07Jan
    2019

    India Update – National Minimum Guidelines declared for setting up and running crèches

    Since the amendment of the Maternity Benefit Act, 1961 in 2017, employers in India have been conferred an obligation to provide creche facilities to their employees in certain circumstances. Since 2017, there has been a lack of clarity or guidelines on setting up of creche facilities. Therefore the Ministry of Women and Child Development, has...

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  • 05Jan
    2019

    India Business Bulletin (December 2018)

    Through a recent press note (no. 2 of 2018), the Department of Industrial Policy and Promotion has brought forth some major policy changes to the FDI policy relating to the e – commerce sector in India. These changes seem to be intended towards making a more even field for brick-and-mortar retailers, by placing restriction on...

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  • 05Jan
    2019

    India-Labour & Employment Alert (December 2018)

    Since the amendment of the Maternity Benefit Act, 1961 in 2017, employers in India have been conferred an obligation to provide creche facilities to their employees, however, due to lack of any clarity or guidelines on setting up of creche facilities, the Ministry of Women and Child Development, has now issued National Minimum Guidelines for...

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  • 02Jan
    2019

    White Collar Journal (January 2019)

    The Supreme Court of India passed an order on December 5, 2018 in the case of Mahendar Chawla and others approving India’s first Witness Protection Scheme (“Scheme”) framed by the Central Government. Download the PDF file .

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  • 21Dec
    2018

    India Update – Investigations

    In a recent order, the Indian Ministry of Home Affairs (MHA) has authorised major investigative agencies of the country for “interception, monitoring and decryption of any information generated, transmitted, received or stored in any computer resource” under the Information Technology Act, 2000 (MHA Order). In order to obtain any computer data, the investigative agencies were...

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  • 08Dec
    2018

    India Business Bulletin (November 2018)

    It has been reported that the Government’s new ‘ease of doing business’ reforms could lead to NCLT losing its power to approve mergers and acquisitions. The Government is mulling over conferring the power to Regional Directors of the Ministry of Corporate Affairs (“MCA”). Download the PDF file .

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  • 08Dec
    2018

    India-Labour & Employment Alert (November 2018)

    Delhi Government had issued a notification in March 2017 enhancing the wages of skilled, semi-skilled and unskilled workers employed in various Government and private establishments in Delhi. Delhi High Court had subsequently quashed the said notification by calling it “completely flawed” and “a decision taken in hurry”. Now the Supreme Court has restored the said...

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