Dentons US LLP
10/16/2024 | News release | Distributed by Public on 10/16/2024 04:29
Regulatory Compliance Newsletter | October 2024
October 16, 2024
This October newsletter covers categories of updates relating to labour, industry, environment, corporate and miscellaneous laws. Launch of new SHe-Box portal for registration and monitoring of complaints related to sexual harassment of women at the workplace; notification of Steel and Steel Products (Quality Control) Order, 2024; Uniform Code for Marketing Practices in Medical Devices (UCMPMD) 2024 and Tamil Nadu Apartment Ownership Rules, 2024 are some of the major updates covered in this newsletter.
CENTRAL/ STATE LABOUR LAWS UPDATES
Launch of new SHe-Box Portal
The new SHe-Box portal (which can be accessed at https://shebox.wcd.gov.in/) has been launched by the Ministry of Women and Child Development which is a centralized platform for the registration and monitoring of complaints related to sexual harassment of women at the workplace.
Payment of Durga Puja Bonus for the year 2024 in West Bengal
The Government of West Bengal has issued guidelines to ensure settling the legitimate dues of the workers in respect of payment of bonus by 30th September 2024 i.e., before Durga Puja 2024.
Notification related to Boilers Act, 1923 in Tripura
The Factories and Boilers Organisation of Government of Tripura has issued notification regarding the information available on the website on all necessary components for availing services related to detailed list of documents required, procedure with stage wise details, the cost and time that will be consumed for completion of each procedure or step etc.
Registration of gig and platform workers on e-Shram portal
The aggregators are encouraged to complete the API testing in time bound manner and on-board themselves as well as the platform workers engaged by them on e-Shram portal of the Ministry of Labour and Employment.
Driver-Subscriber is an 'Employee' - Karnataka High Court
The Hon'ble High Court of Karnataka in a writ petition has held that driver-subscribers of transport aggregators like Ola, Uber etc. should be considered as 'employee' under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Source: MS (x) versus Internal Complaints Committee ANI Technologies Pvt. Ltd. and others, Writ Petition No.8127 of 2019 dated 30th September, 2024
Vicarious liability not attracted for non-deposit of Provident Fund - Gujarat High Court
The Hon'ble High Court of Gujarat has held that the caretakers of the society will not be covered under the definition of 'employer' and hence vicarious liability will not be attracted for non-deposit of Provident Fund contribution.
Source: I C Mahida - M.D. Of Surat District Co-Op Bank Ltd. versus State of Gujarat, Order dated on 11th September, 2024
INDUSTRY RELATED LAWS UPDATES
Steel and Steel Products (Quality Control) Order, 2024
The Steel and Steel Products (Quality Control) Order, 2024 prescribes the standards for steel and steel products. The Order will not apply to steel and steel products that are manufactured domestically for export which conform to any other specification required by a foreign buyer.
Uniform Code for Marketing Practices in Medical Devices (UCMPMD) 2024
The Department of Pharmaceuticals, Government of India has notified the uniform code for marketing practices in medical devices to prevent unethical practices by the medical devices companies.
New Drugs and Clinical Trials (Amendment) Rules, 2024
The New Drugs and Clinical Trials Rules, 2019 has been amended to include provisions relating to Clinical Research Organisations.
ENVIRONMENT LAWS UPDATES
Revised Guidelines for Assessment of Environment Compensation
The Central Pollution Control Board has issued revised guidelines for assessment of environment compensation to be levied for violation of Plastic Waste Management Rules, 2016.
CORPORATE LAWS UPDATES
Companies (Accounts) Amendment Rules, 2024
Form CSR-2 should be filed separately on or before 31st December, 2024 after filing Form No. AOC-4 or Form No. AOC-4-NBFC (Ind AS), or Form No. AOC-4 XBRL for the financial year 2023-2024.
Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2024
RBI approval should be obtained in case the transferor foreign company incorporated outside India being a holding company and the transferee Indian company being a wholly owned subsidiary company incorporated in India, enters into merger or amalgamation.
Registrar of Companies imposes penalty for failure to constitute CSR Committee
The Registrar of Companies, Pune, imposed penalty on a company for failure to constitute a Corporate Social Responsibility (CSR) Committee even though the company earned profit as prescribed under Section 135 of the Companies Act, 2013.
MISCELLANEOUS LAWS UPDATES
The Tamil Nadu Apartment Ownership Rules, 2024
The Rules has been notified under the Tamil Nadu Apartment Ownership Act, 2022. It covers provisions relating to submission of declaration by promoter or majority of apartment owners of a building; registration of bye-laws; redevelopment of project; finance, audit and accounts of the association etc.
Contributors to the newsletter:
- Prasanta Kumar Sahu, Partner
- Rashmi Vinod, Consultant