Sunday, August 28, 2016

02 - Legal & Regulation Updates - India

 Compliance Watcher



RBI - Master Direction - Lending to Micro, Small & Medium Enterprises (MSME) Sector
The Reserve Bank of India (‘RBI’) has issued Master Directions relating to lending to Micro, Small & Medium Enterprises Sector.
These Directions are applicable to all Scheduled Commercial banks {excluding Regional Rural Banks (RRBs)} licensed to operate in India by the Reserve Bank of India.

SEBI - Operationalisation of Central Know Your Client Records Registry for individual account
The Securities and Exchange Board of India (“SEBI”) vide a Circular dated July 21, 2016 has intimated registered intermediaries that the Central Registry of Securitization and Asset Reconstruction and Security interest of India (“CERSAI”), authorized by the Government of India to act as, and to perform the functions of, the Central Know Your Client Records Registry (“CKYCR”) such as receiving, storing, safeguarding and retrieving the Know your Client (“KYC”) records in digital form, has started live run of CKYCR from July 15, 2016 in a phased manner beginning with new “individual accounts.”

RBI - Master Direction on Levy of Penal Interest for Delayed Reporting/Wrong Reporting/Non-Reporting of Currency Chest Transactions
The Reserve Bank of India (‘RBI’) has issued Master Directions on Levy of Penal Interest for Delayed Reporting/Wrong Reporting/Non-Reporting of Currency Chest Transactions and Inclusion of Ineligible Amounts in Currency Chest Balances in order to ensure discipline among the banks on timely and accurate reporting of currency chest transactions.

Regarding availability of tablets Glimestar PM1 & PM2
The Ministry of Chemicals & Fertilizers Department of Pharmaceuticals(pricing division) via Office memorandum dated July 21, 2016 regarding availability of tablets Glimestar PM1 & PM2.

National Pharmaceutical Pricing Authority has displayed draft version of Proposed Price Calculation Sheets for 2 proposed revised/notified ceiling price/retail price
Via Office Memorandum dated July 21, 2016 NPPA has released the draft version of proposed price calculation sheets for 2 proposed revised/notified ceiling price/retail price on the website of NPPA. Draft of 2 calculation sheets based on Pharma Trac data are uploaded on the website.

RBI - Master Circular –Scheme of Penalties for bank branches based on performance in rendering customer service to the members of public
The Reserve Bank of India (‘RBI’) has issued a Master Circular formulating a scheme for Penalties for bank branches including currency chests in order to ensure that all bank branches provide better customer service to members of public with regard to exchange of notes and coins, in keeping with the objectives of Clean Note Policy.

MCA: National Company Law Tribunal Rules, 2016 & National Company Law Appellate Tribunal Rules, 2016
The Ministry of Corporate Affairs (“MCA”) has through notifications dated July 21, 2016, notified the National Company Law Tribunal Rules, 2016 & National Company Law Appellate Tribunal Rules, 2016.

RBI - Master Direction on Currency Distribution & Exchange Scheme (CDES) based on performance in rendering customer service to the members of public
The Reserve Bank of India (‘RBI’) has issued Master Directions on Currency Distribution & Exchange Scheme (CDES) based on performance in rendering customer service to the members of public in order to ensure better service by banks to the public.

DeitY- The Information Technology (Preservation and Retention of Information by Intermediaries Providing Digital Locker Facilities) Rules, 2016
Department of Electronics and Information Technology vide notification dated July 21, 2016 has made new rules for the preservation and retention of information by intermediaries providing Digital Locker Facilities under Information Technology Act, 2000.

RBI - Master Circular – Detection and Impounding of Counterfeit Notes
The Reserve Bank of India (‘RBI’) has issued a Master Circular consolidating the instructions issued till Sept. 28, 2015, relating to Detection and Impounding of Counterfeit Notes. The Master Circular lays down provisions pertaining to, inter alia, detection and impounding of counterfeit notes, preservation of notes, Establishment of Forged Notes Vigilance Cell, etc.


MCA - Applicability of provisions of Section 381 of Companies Act, 2013 to all Foreign Airline Companies
The Ministry of Corporate Affairs (“MCA”) vide its notification has made applicable, the provisions pertaining to Accounts of foreign Company which requires every foreign Company to prepare Balance Sheet and Profit & Loss Account in the prescribed manner, to all foreign airline Companies, subject to such Company submitting the following documents to the Registrar of Company (“ROC”) in respect of period ending on or after 31st March 2016.

SEBI – FAQs on Electronic book mechanism for issuance of debt securities on private placement basis
The Securities and Exchange Board of India (“SEBI”), has issued FAQs with a view to guide market participants on Electronic book mechanism for issuance of debt securities on private placement basis.

MCA - Companies (Share Capital and Debentures) Third Amendment Rules, 2016
The Ministry of Corporate Affairs (“MCA”) has through a notification dated July 19, 2016, amended Companies (Share Capital and Debentures) Rules, 2014.

SEBI - Consultation paper for amendments to the SEBI (Real Estate Investment Trusts) Regulations, 2014
The Securities Exchange Board of India (“SEBI”) has issued a consultation paper proposing amendment / clarifications to the SEBI (Real Estate Investment Trusts) Regulations, 2014 (“REIT”).

Online application for Import/Export of Hazardous waste to be made mandatory from October 2016
The Ministry of Environment, Forest and Climate Change has issued a notification stating that the online application for Import/Export of Hazardous waste to be made mandatory from October 2016.

National Pharmaceutical Pricing Authority has displayed draft version of Proposed Price Calculation Sheets for 35 proposed revised/notified ceiling price/retail price
Via Office Memorandum dated July 13, 2016 NPPA has displayed the draft version of proposed price calculation sheets for 35 proposed revised/notified ceiling price/retail price on the website of NPPA. Draft 35 calculation sheets based on Pharma Trac data are uploaded on the website.

RBI - Master Direction- Reserve Bank of India (Regional Rural Banks-Priority Sector Lending –Targets and Classification) Directions, 2016
The Reserve Bank of India (RBI) has issued a master direction applicable to every Regional Rural Bank (RRB) licensed to operate in India by the Reserve Bank of India.

National Pharmaceutical Pricing Authority has issued Price fixation of Ringer lactate
Via Office Memorandum dated July 12, 2016 NPPA has issued price fixation of Ringer lactate.

RBI - Discontinuation of Reporting of Bank Guarantee on behalf of service importers
The Reserve Bank of India (RBI) has issued a circular advising the AD Category – I banks to discontinue the submission of reports pertaining to details about invocation of bank guarantee for service imports.

Central Electricity Regulatory Commission (Open Access in inter-State Transmission) (Fourth Amendment) Regulations, 2016
The Central Electricity Regulatory Commission via notification dated June, 22nd 2016 has issued the Central Electricity Regulatory Commission (Open Access in inter-State Transmission) (Fourth Amendment) Regulations, 2016 amending the Central Electricity Regulatory Commission (Open Access in inter-State Transmission)Regulations, 2008.

RBI - Revision of interest rates for Small Savings Schemes
The Reserve Bank of India (RBI) has issued a circular advising the revised rate of interest on various small savings schemes for the second quarter of the financial year 2016-17.

SEBI - Foreign Portfolio Investors (Amendment) Regulations, 2016
The Securities and Exchange Board of India (“SEBI”) has issued a notification making an amendment in Regulation 22(2) of Foreign Portfolio Investors (“FPI”) Regulations, 2014.

RBI - Long Term (Subordinated) Deposits (LTDs) – Review of guidelines
The Reserve Bank of India (RBI) has issued a circular to provide certain relaxations in raising and redemption of LTDs by co-operative banks and prescribe certain disclosure requirements.

SEBI (Listing Obligations And Disclosure Requirements) (Second Amendment) Regulations, 2016
The Securities and Exchange Board of India (“SEBI”), has amended the SEBI (Listing Obligations And Disclosure Requirements) (“LODR”) Regulations 2015, w.e.f July 8, 2016 i.e. date of publication in the Official Gazette.

RBI - Master Direction - Priority Sector Lending – Targets and Classification
The Reserve Bank of India (RBI) has issued a master direction applicable to Scheduled commercial banks in regard to Priority Sector Lending.

AERB shuts down operation of some of the Medical diagnostic X-Ray facilities at Jammu owing to non-compliances
The Atomic Energy Regulatory Board has via press release dated July, 5 2016 has published that AERB has suspended the operation of some of the medical diagnostic facilities at Jammu which were not complying with the specified regulatory and radiation safety requirements.

RBI - Master Direction on Money Market Instruments: Call/Notice Money Market, Commercial Paper, Certificates of Deposit and Non-Convertible Debentures (original maturity up to one year)
The Reserve Bank of India (RBI) has issued a master direction applicable to all eligible market participants in regard to call/notice money market, Commercial Paper (CP), Certificates of Deposit (CD) and Non-Convertible Debentures (NCDs) of original or initial maturity up to one year.

MCA - Amendment to e-form AOC-4 for filing the Annual Financial Statements
The Ministry of Corporate Affairs (“MCA”) has declared that e-form AOC-4 which is for filing the Annual Financial Statements is likely to be amended.

Delhi VAT- Delhi Value Added Tax (Amendment) Act, 2016.
Department of Trade and Taxes, New Delhi vide notification has amended Delhi Value Added Tax Act, 2004.

Uttarakhand Vat- Extension of date of filing of annual returns for assessment year 2014-2015
Governor of Uttarakhand through notification has declared that the annual returns for the assessment year 2014-15 may be filed upto July 31, 2016 without any late fees, provided that the payment of tax/composition money or TDS shall be made within the time prescribed in rule 11 of Uttarakhand Value Added Tax Rules,2005.

Tamil Nadu VAT- Important instructions to Dealers regarding e-filing and Change of return filing from Annual to Monthly
Department of Commercial taxes, Tamil Nadu has issued important instructions for dealers regarding e-filing and Change of return filing from Annual to Monthly.

CBDT - Income Tax (18th Amendment) Rules, 2016
The Central Board of Direct Taxes (CBDT) has issued a notification amending the Income Tax rules.

Amendments to Reserve Bank of India Act, 1934 comes into effect
The government of India, vide this notification has notified June 27 to be the date on which the amendments to Reserve Bank of India Act, 1934 (RBI Act), brought about by the Finance Act, 2016 shall come into effect

SEBI – FAQs on SEBI (Foreign Portfolio Investors) Regulations, 2014
The Securities and Exchange Board of India (“SEBI”), has issued 164 FAQs on June 30, 2016 clarifying certain aspects with regard to SEBI (Foreign Portfolio Investors) Regulations, 2014.

Plant Quarantine (Regulation of Import into India) (Fifth Amendment) Order, 2016
The Ministry of Agriculture and Farmers Welfare through a notification dated 29th June 2016, has published Plant Quarantine (Regulation of Import into India) (Fifth Amendment) Order, 2016 amending Plant Quarantine (Regulation of Import into India) Order, 2003.

IRDA - Obligations of Insurers to Rural and Social Sectors Formats for submission of Annual Certificates
The Insurance Regulatory and Development Authority of India (IRDA) has issued a circular specifying the formats for submission of Annual Certificates to be furnished by the Life Insurers, General and Health Insurers as required under the IRDAI (Obligations of Insurers to Rural and Social Sectors) Regulations, 2015.

RBI - Master Directions on Frauds – Classification and Reporting by commercial banks and select FIs
The Reserve Bank of India (RBI) has issued Master directions with a view to providing a framework to banks enabling them to detect and report frauds early and taking timely consequent actions like reporting to the Investigative agencies so that fraudsters are brought to book early, examining staff accountability and do effective fraud risk management.

CBDT - Income Tax (19th Amendment) Rules, 2016
The Central Board of Direct Taxes (CBDT) has issued a notification amending the Income Tax rules.

RBI - Performance Audit of Crop Insurance Schemes
The Reserve Bank of India (RBI) has issued a Circular advising banks to facilitate access to their records pertaining to crop insurance schemes to the audit teams deputed by the Offices of the Principal Accountant General/Accountant General (Audit) in the respective States.

PIB – Cabinet considers Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016
The Union Cabinet has considered the Model Shops and Establishment (Regulation of Employment and Conditions of Service) Bill, 2016. This Bill was finalized after detailed deliberations and discussions with public through internet and with employees/labour representatives, employers’ associations/federations and State Governments through tripartite consultative process.

RBI - Settlement System under Asian Clearing Union (ACU)
The Reserve Bank of India (RBI) has issued a Circular to temporarily suspend operations in ‘ACU Euro’ with effect from July 01, 2016.

IRDA - Guidelines on Point of Sales Person - Govt. approved Crop lnsurance Scheme
The Insurance Regulatory and Development Authority of India (IRDA) has issued a circular addressed to the CEO’s of Non-life Insurance companies stating that the Authority has included certain Government sponsored crop insurance Schemes that can be solicited and procured through Point of Sales Persons of non-life insurers.

SEBI - Revised formats for financial results and implementation of Indian Accounting Standards (“Ind-AS”) by Listed entities
The Securities and Exchange Board of India has issued a circular regarding revised formats for the financial results, implementation of Ind-AS during the first year and clarifications on issues with regard to Ind-AS implementation in consultation with listed entities, stock exchanges and the members of the Institute of Chartered Accountants of India.

RBI - Guidelines for relief measures by banks in areas affected by natural calamities-utilisation of insurance proceeds
The Reserve Bank of India (RBI) has issued Circular advising banks to act with empathy and consider restructuring and granting fresh loans without waiting for the receipt of the insurance claims, in cases where there is reasonable certainty of receipt of the claim to farmers in areas affected by natural calamities.

MCA: Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2016
The Ministry of Corporate Affairs has issued a notification making amendments in the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014.

The Delhi Electricity Supply Code and Performance Standards (Fourth Amendment) Regulations, 2016
The Delhi Electricity Regulatory Commission, has issued a notification to amend the “Delhi Electricity Supply Code and Performance Standards Regulations, 2007.

Implementation of State Labour Inspection policy-Himachal Pradesh
The Government of Himachal Pradesh, Inspectorate of Factories has issued office order dated June 24, 2016 in order to implement the State Labour inspection policy.
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