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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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  • 12Nov
    2018

    India Business Bulletin (October 2018)

    The President of India has assented to the recommendation of the Union Cabinet to promulgate an ordinance to amend the Companies Act, 2013. The Ordinance is based on the recommendations contained in the Report to Review Offences under the Companies Act, 2013 (Report) which was submitted to the MCA by a panel in the month...

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  • 06Nov
    2018

    India-Labour & Employment Alert (October 2018)

    The President of India approved the Industrial Disputes (Assam Amendment) Bill, 2017. The Bill seeks to achieve the objective of ‘ease of doing business’ in the State of Assam. The Bill allows companies to retrench up to 300 employees (from 100 as currently permissible) without seeking approval of the Government. Under the Bill, the compensation...

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  • 05Nov
    2018

    White Collar Journal (November 2018)

    The Enforcement Directorate (“ED”) has filed an application in a special court to declare the promoters of Sterling Biotech group (“SBG”) as fugitive economic offenders under the Fugitive Economic Offenders Act. As per reports, the ED has also requested the court to confiscate properties belonging to the promoters of SBG under Section 4 of the...

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  • 17Oct
    2018

    Global Investigation Review – Internal Investigation (India) 2019

    In recent years, India has gained a reputation for being one of the fastest growing economies in the world. However, at the same time, it is also perceived to be one of the most corrupt countries in the world, being ranked 81 on the 2017 Transparency International Corruption Perceptions Index. To tackle the issue of...

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  • 11Oct
    2018

    India Business Bulletin (September 2018)

    The government plans to have companies geo-tag their registered offices with the Registrar of Companies (“RoC”) in an effort to control multiple shell companies using the same premises as their registered office. Geo-tagging involves attaching data of the exact location of an office. Download the PDF file .

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  • 11Oct
    2018

    India-Labour & Employment Alert (September 2018)

    District level Local Complaints Committee (“LCC”) constituted under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”) has proposed to serve notice upon nearly 3,000 companies in Gurugram, Haryana for non-compliance with provisions of the Act, including non-constitution of Internal Complaints Committee (“ICC”). Download the PDF file...

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  • 25Sep
    2018

    White Collar Journal (September 2018)

    The Indian Parliament has passed the Prevention of Corruption Amendment Act, 2018 (“Amendment”) amending the Prevention of Corruption Act, 1988 (“Act”), the primary anti-corruption statute in India. The key changes brought about by theamendment include- Download the PDF file .

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  • 13Sep
    2018

    Intellectual Property Bulletin – August 2018

    In two suits, the Court decreed in favour of the plaintiff Koninklijke Philips Electronics N.V. and against the defendant(s) Rajesh Bansal (sole proprietor, Manglam Technology and Bhagirathi Electronics), holding that the defendants infringed the plaintiff’s Indian Patent.   Download the PDF file .

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  • 11Sep
    2018

    India Business Bulletin (August 2018)

    A Committee, which was constituted by Government of India in July 2018 to review the existing framework dealing with offences under the Companies Act, 2013 (“Act”) and related matters and make recommendations to promote better corporate compliance, has submitted its report on 27 August 2018. Download the PDF file .

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  • 11Sep
    2018

    India-Labour & Employment Alert (August 2018)

    On the request of Ministry of Women and Child Welfare and with an aim to ensure safe workplace environment for female employees, MCA recently notified the Companies (Accounts) Amendment Rules, 2018, issued under Section 134 of the Companies Act, 2013. Download the PDF file .

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  • 09Aug
    2018

    India Business Bulletin (July 2018)

    Justice B.N. Srikrishna Committee which was formed in 2017 by the Union Government released a white paper on data protection regime for public comments later that year. As on July 27, 2018 the Committee submitted its report and draft Bill on the proposed data protection regime in India to MeitY. Download the PDF file .

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  • 09Aug
    2018

    India-Labour & Employment Alert (July 2018)

    In order to overhaul India’s social security system, the Government is planning to merge 15 current laws into a ‘labour code’. The draft “Labour Code on Social Security, 2018” provides that laws such as Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees’ State Insurance Act, 1948 will be merged into on single...

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  • 04Jul
    2018

    White Collar Journal (July 2018)

    The Income Tax Department of India has launched the Benami Transactions Informants Reward Scheme, 2018 (“Scheme”) to encourage people to provide information about ‘benami transactions’ which are usually undertaken with the objective of laundering undisclosed funds, commonly known in India as “black money”. Benami transactions are financial transactions where black money is invested in properties...

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  • 03Jul
    2018

    Intellectual Property Bulletin – June 2018

    The WIPO Digital Access Service (DAS) for submission of priority documents has been made operational by the Indian Patent Office. The facility would now allow the applicants of the participating patent offices under the WIPO INDIA Cooperation Agreement to exchange priority and similar documents. The WIPO administered DAS service is an easy, secure, quick and...

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  • 11Jun
    2018

    India Business Bulletin (May 2018)

    MCA has notified the amended Companies (Registration of Office and Fees) Rules as on 07 May 2018, pursuant to which, any delay in filing of annual return and financial statements beyond the stipulated time frame as specified under the Companies Act, 2013, will attract a late filing fee of Rs 100/- per day. Download the...

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  • 08Jun
    2018

    India -Labour & Employment Alert (May 2018)

    Ministry of Labour and Employment has proposed the concept of “community service order” in the Code, to enable the Courts to direct violators to do unpaid work in the community. The Ministry is of the view that directing violators of the Social Security Code to perform community service may act as a deterrent, since monetary...

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  • 14May
    2018

    White Collar Journal (May 2018)

    The Central Government of India has recently approved a proposal to promulgate the Fugitive Economic Offenders Ordinance, 2018, which provides for the confiscation of properties and assets of economic offenders, who are categorized as ‘Fugitives’ under the said ordinance. As per the ordinance, a Fugitive economic offender is one who either leaves or has left...

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  • 10May
    2018

    India Business Bulletin (April 2018)

    The Amendment, which came into effect from 1 April 2018, has constricted the entry barriers for insolvency professionals and has also specified a time limit to identify resolution applicants to 105 days from the insolvency commencement date. According to the amendment, an individual shall be eligible for registration as an insolvency professional if he/she has...

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  • 10May
    2018

    India-Labour & Employment Alert(April 2018)

    The Central Government is considering to reduce the time limit for claiming gratuity to 3 years from the existing 5 years as presently provided under the Payment of Gratuity Act, 1972. Further, the Government is also considering to change in the limit of minimum number of employees in any establishment. The issue is being discussed...

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  • 11Apr
    2018

    India Business Bulletin (March 2018)

    MCA has introduced a favorable change for the public at large to ease the process of name reservation. Through the new web service of “Reserve Unique Name” (RUN), an applicant can now apply for two proposed names with the facility of re-submission, if both the names get rejected by Central Registration Centre. However, re-submission has...

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  • 11Apr
    2018

    India-Labour & Employment Alert(March 2018)

    This Bill was recently passed by Parliament. The Bill removed the existing ceiling of maximum amount of payment of gratuity and permits the Government to fix ceiling as needed. The Bill also empowers the Central Government to notify the maximum period of maternity leave for eligible employees and removes the reference of 12 weeks in...

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