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Policy and Regulatory

The Dilemma of Recycling Plastics in India – Virtual Open Forum

Dilemma of Recycling Plastics in India – #Watchnow full feature of the Virtual Open Forum by #LawWiser. With the new amendment to the Plastic Waste Management Rules, we could soon be using food and drinks that are packaged in recycled plastic. There are serious concerns with its implementation and the challenges in recycling plastic waste.

The Plastic Waste Management (2nd Amendment) Rules, 2021, introduced on September 17, 2021, has allowed carry bags or products made of recycled plastic to be used for storing, carrying, dispensing or packaging ready to eat or drink foodstuff. This, however, is subject to appropriate standards and regulations under the Food Safety and Standards Act, 2006 (34 of 2006), by the Food Safety and Standards Authority of India.

n this discussion our expert panellists, who represent different spheres, understand the concerns and the impact of this amendment.

Our Panellists, Atin Biswas, Programme Director, Municipal Solid Waste, Centre for Science and Environment; Siddharth Ghanshyam Singh, Deputy Programme Director, Centre for Science and Environment; Sudipto Sircar, Advocate, Supreme Court, Delhi High Court; Ashish Agarwal, Secretary, RECYCLE INDIA FOUNDATION; Dr Vijay Habbu, Polymer Scientist and Adjunct Professor, Institute of Chemical Technology (ICT), Mumbai, with our Moderator Sania Husaini, highlight the action points and the recommendations on this amendment.

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Hoarding of Essential Commodities – Remedies and Prosecution

#Tune in to watch the video on Hoarding of essential commodities, remedies and prosecution by Vareesha Irfan, 4th year law student at Faculty of Law, Jamia Millia Islamia.

She explains the concept of prevention of hoarding of essential commodities in the light of Essential Commodities Act and Prevention of Blackmarketing and Maintenance of Supply of Essential Commodities Act.

She highlights the essential provisions of these laws in relation to the penalty for hoarding of essential commodities in India and the relevant guidelines and safeguards for preventive detention in such cases. She also takes us through the judgement of the Supreme Court with respect to the CoVID-19 drugs being the essential commodities in the wake of the Pandemic.

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GST Updates 2021 – Ecommerce Operators | In A Minute

#Watchnow #Inaminute video where Jatin Arora, Partner, Phoenix Legal takes us through this GST Council update in relation to e-commerce operators.

GST Updates 2021 – In the 45th GST Council meeting, it was decided to shift the burden of tax on the restaurant services to e-commerce operators like #Swiggy#Zomato through whom these services are delivered. In the video, Jatin quickly explains what this update is about and the impact that it is likely to have on e-commerce operators.

He takes us through the details that this is not a new tax introduced on e-commerce operators. The restaurant charges 5% GST on their supplies. Also, the e-commerce operators pay 18% GST on the commission earned by them.

This will be in effect from 1st January 2022 and instead of the restaurants, the e-commerce operators will charge the tax on the food supplies. The e-commerce operators will charge GST on every supply that they will make, irrespective of whether the restaurant supplying the food is exempt from GST or not. This means there will be additional burden on compliance side for restaurants. The e-commerce operators will also have to do changes in their software to accommodate this change and do additional compliance.

An important issue to be considered is that the restaurants are not eligible to avail input tax credit (ITC) for their supplies. Whereas the e-commerce operators do avail ITC. For more clarity on these points, we need to watch out for the notifications issued by the government.

Stay tuned for more GST updates happening in 2021

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New CSR Regime – Recent Amendment to the Companies Act

#Tune into LawWiser #Uspecial, as Mohd Ayan, third-year law student at Faculty of Law, Jamia Millia Islamia, explains the New CSR regime (recent amendment to section 135 of the Companies Act).

The Companies Amendment Acts of 2019 and 2020 resulted in major changes in the CSR provision.  Amendments have been made in section 135 of the Companies Act, 2013. To provide for the notified changes, the Ministry of Corporate Affairs (MCA) had released the Draft Companies (Corporate Social Responsibility Policy) Amendment Rules in March 2020 (“Draft Rules”) inviting public comments. Recently, on 22nd January 2021, the MCA finally issued the Companies (Corporate Social Responsibility Policy) Amendment Rules (“New Rules”) giving effect to the changes introduced in CSR by the Companies Amendment Acts of 2019 and 2020.

The above CSR amendments propose to provide ease of compliance to companies and on the other hand they also seek to penalise companies and their officers for non-compliance with CSR provisions.

He has explained various aspects of the new CSR regime. That includes the list of activities which are not covered under CSR. He further explains the obligations of the board under CSR and highlights prominent cases that have emphasized the importance of CSR towards developing the nation.

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Karnataka Draft Bill : BAN on online gambling? | LawWiser Shorts

The Karnataka government has decided to impose a ban on online gambling or betting. However, lottery and horse racing have not been prohibited. These amendments will be made to the Karnataka Police Act, 1963.

The draft of the Karnataka Police (Amendment) Bill, 2021, is yet to be available publicly. #Watchnow #LawWiserShorts on Karnataka Draft Bill: Online Gaming by Srinivas Kotni, Founder and Managing Partner, Lexport. He shares his views on the Karnataka government’s proposal to ban online gambling by amending the Karnataka Police Act.

The state government has also announced imposing penalties and arrests in cases of violation of these proposed rules. It is expected that there would be a balance in the distinction between the game of skill and the game of chance. As many start-ups are venturing into online games of skill and are also seeking investments for the same. A blanket ban would impact this sector hugely in terms of investment and employment as well.

However, various courts have repeatedly held that games of skill would not be covered under gambling and they cannot be outright prohibited. The sector is seeking proper regulation of online gaming including online gambling. Once the draft bill is made public more information on the provisions would clarify any doubts.

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Taxation Laws Amendment Bill 2021 – Explainer

#Watchnow our new #Explainer on the Taxation Laws (Amendment) Bill, 2021, Part 1 by Abhishek Saxena, Co-Founding Partner, Phoenix Legal.

The bill was passed by the Parliament in the recently concluded Monsoon Session. It has done away with the contentious retrospective tax demand provisions. This bill also addresses the inconsistencies with the taxation laws, especially with the tax demands. To bring clarity around the taxations laws, it was crucial to bring this amendment. These amendments will also ease investors apprehensions about investing in India.

India’s dispute with Vodafone and Cairn Energy for tax demands also highlighted the issue of retrospective taxation in India. This bill amends the Income Tax Act, 1961, and provides that no tax demand shall be raised in future on basis of these retrospective amendments. These demands were for any indirect transfer of Indian assets if the transaction was undertaken before May 28, 2012.

#Tuneinnow to watch Part 1 of the #Explainers by Lawwiser where Abhishek takes us through – the provisions of the taxation laws that this Bill seeks to amend – amendment to Section 9 of the Finance Act, 2021 in the aftermath of the Vodafone judgment – actions taken by the authorities after the enactment – how was the move of the authorities received by Vodafone – Cairn Group-India dispute

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PLI (Production Linked Incentive) Scheme – Textile Industry

Production Linked Incentive is also commonly known as PLI scheme. This PLI scheme offers incentives on incremental sales from items produced in India over the base year. Apart from scaling up local production, the scheme also seeks to curb cheaper imports and reduce import bills.

#Watch LawWiser Shorts, where Mukund P Unny, Advocate, Supreme Court of India, shares his quick take on the PLI scheme for the textile industry.

The PLI scheme for textile has been given cabinet clearance and this scheme is slated to improve business in the textile industry in a big way. Interestingly, the purport of the scheme is limited to just man-made fibres, apparel.

He shares that the total budgeted outlay is around 10,000 crore and the government has designed the scheme to try and ensure that there is a recovery in textile production in India. The scheme seeks to help those industries that invest in the production of 64 select products.

The scheme is for two types of investments. One- there should be a minimum of ₹300 crore investment in plant, machinery, equipment. That investment must translate into a minimum turnover of ₹600 crores once it commences operation. Second, there should be a minimum investment of ₹100 crores, and eventually, this company should achieve a minimum turnover of ₹200 crores.

Thus, the incentive is based on a combination of investment and turnover. The incentives will be paid for five years after the first year of post-investment operation. The textile industry is human resource-oriented in great deal, and it will be in job creation in this segment.

Watch this to know more on #PLIscheme for #textileindustry in India. To get featured in more such conversations, write us on [email protected]

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Regulatory Framework for ease of Digital Payments

Digital payments are need of the hour. With advancement of technology, the regulations in this sector have been developing as a step by step process. There have been some key legal developments in this space focusing on regulatory sandbox for fintech, regulations of payment intermediaries by the RBI, regulations for prepaid payment instruments by the RBI among others.

Watch now this interesting video on LawWiser on “Regulatory framework for ease of digital payments” with Ugen Bhutia, Legal Head, SBI Card. Our host Sania Husaini in conversation with Mr Bhutia explores the framework for digital payments.

They discuss the development of this sector and important regulations that have played key role in its development. They also focus on regulations for payment intermediaries by RBI. Lastly, he also shares the changes that are required for further development of this sector. Watch this now !

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Sedition Law (Section 124A-IPC) – Overview

WHAT IS SEDITION LAW?

The Sedition law in India is considerable for those who oppose the government or any political party.

This law prohibits people from participating in any action which the government may conduct against their will.

Reason for Being Careful

With the sedition law in India.

People are unexpectable to do any activity that-

-Violates the Constitution of India or the Basic Principles of State Policy.

Any individual who refuses to follow these principles and laws falls under the sedition laws of India.

There are many reasons as to why one should be careful about the laws of Sedition.

India has been fighting international terrorism ever since the country gained independence from the British.

The people have always been worried about their country’s security, so they have given a lot of importance to this law, i.e. sedition law.

According to the sedition laws, anyone can invite worry for any activities that oppose the government policy.

The prominent role that the police department plays is monitoring all the organizations working against the government’s interests.

The Concern

The main reason why the people are bother able about the sedition law is because –

-They feel that the state is suppressing their rights.

The implementation of the anti-terrorism act has stopped most of the terrorist activities happening in the country.

All the laws related to the country’s constitution and the functioning of the government are under attack by the opposition.

The prime minister of India has been threatenable by the opposition for trying to implement the anti-terrorism act.

They have also filed numerous cases against the government on various counts. Due to all these things, the government is taking preventive measures to implement the anti-terrorism act properly.

There is hardly any communication between the centre and the states. When the central government says that it will take care of a state, the state government immediately objects.

It leads to a deadlock in the system, and the government has started fearing for their safety.

The government is also tensed of the misuse of police power by the bureaucracy.

All the problems that have been mentionable above have made the government very nervous, and this is one reason why they are implementing the Sedition law in India with great caution.

SEDITION,LAWS AND JUDGEMENT

The Sedition law in India is also known as the Indian anti-federalism act.

The British government many years back realized it, but it was never implementable.

Under Section 124A of IPC, the offence of Sedition is committed when any person by words or otherwise brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government regulated by law.

It was comprehendible in the constitution when the central government realized that the Hindu religion and the Government of India were under threat from fundamentalism.

There have been some judgments related to the sedition law, which many people still read.

The Supreme Court passed one such judgment in 1996, in which the Supreme Court quoted, “Sedition can only be practicable in rarest of rare cases when the security and integrity of the nation are under threat.

The Supreme Court even dismissed the PIL filed by Faruq Abdulla when he talked about the restoration of article 370.

The main goal of government

The main goal of the Indian government is to increase the literacy rate and maintain the economic growth level so that the national integrity of the country remains unharmed by any acts which violate peace and harmony within the country.

With this view in mind, the government has banned all books that do not fall in the purview of this act.

According to the news reports, many private schools in India are violating the Sedition law in India.

As they have been primarily comprisable in the protests of CAA, NRC etc.

There are various other laws, which have been comprehendable in the constitution to protect the citizens from all forms of injustice.

According to the news reports, thousands of crimes are committable based on religion.

Earlier in 2021, the riots broke out in eastern cities like Kolkata, Mumbai and New Delhi. It was mainly Muslims who rioted, but now the situation has changed. The Central and Southern states have been overblown by the riots comprising of Sedition.

They have seen communal tension spreading like wildfire.

It has forced the Indian government to declare state of emergency in all the cities and towns and has included Sedition in illicit activities.

Conclusion

As the government is conscious and careful regarding the integrity and peace of the nation.

The Supreme Court must be very aware concerning their decision on the acts of Sedition and take specific measures

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Is the debate on Emergency Arbitration settled?

Watch Now Lawwiser’s all new video ‘Is the debate on Emergency Arbitration settled’ moderated by Aman Abbas, Founder, LawWiser. Listen to our panelists Gourab Banerji, Senior Advocate, Supreme Court of India, Manish Lamba, General Counsel, DLF Cyber City Developers Ltd. and Sanjeev Gemavat, Executive Director Legal & Group General Secretary, Dalmia Bharat Group, talk about Emergency Arbitration and the recent judgment in Amazon.Com NV Investment Holdings Llc Versus Future Retail Limited & Ors.

Expert panelists share valuable insights into this ruling which happens to be one of the last judgments written by Retd. Justice Rohinton Nariman. Incidentally, We also have Senior Advocate Gourab Banerji who was part of this historic judgment as well as part of the 246th law commission report. They discuss the role of the judiciary in interpretation and the need for the legislature to proactively legislate and fill gaps.

They also address the larger question as to what is the real-time significance of having provisions for ‘Emergency Arbitration’ in India and will it help decrease the backlogs.

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