Plastic Waste Management (Amendment) Rules, 2018 prescribes automated central registration system

The Ministry of Environment, Forest and Climate Change notified the Plastic Waste Management (Amendment) Rules, 2018 on March 27, 2018.  The amended Rules lay down that the phasing out of Multilayered Plastic (MLP) is now applicable to MLP, which are “non-recyclable, or non-energy recoverable, or with no alternate use.” The amended Rules also prescribe a central registration system for the registration of the producer/importer/brand owner.  The Rules also lay down that any mechanism for the registration should be automated and should take into account ease of doing business for producers, recyclers and manufacturers. The centralised registration system will be evolved by Central Pollution Control Board (CPCB) for the registration of the producer/importer/brand owner.  While a national registry has been prescribed for producers with presence in more than two States, a State-level registration has been prescribed for smaller producers/brand owners operating within one or two States. In addition, Rule 15 of the Plastic Waste Management (Amendment) Rules 2018 on “explicit pricing of carry bags” has been omitted. Ministry of Environment, Forest and Climate Change Tweet The post Plastic Waste Management (Amendment) Rules, 2018 prescribes automated central registration system appeared first on SCC Blog.…
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Comments invited on draft notification proposing amendment as per BEPS Action 5, for improving transparency in tax rulings 

Under Base Erosion and Profit Shifting (BEPS) Action 5, exchange of rulings on Permanent Establishment (PE) by Authority for Advance Rulings is required to be done not only with the countries of residence of all related parties with whom taxpayer enters into transaction, but also with the country of residence of the immediate parent company and the ultimate parent company. Therefore, in order to implement the recommendations made under Action 5 of BEPS Action Plan to bring greater transparency in cross national transactions, Form 34C and 34D (Forms for Advance Rulings) are required to be modified so that details such as name, address and country of the residence of non-resident’s immediate parent company or ultimate parent company etc. are captured at application stage itself. Further, vide Finance Act, 2017, the definition of the term “applicant” for the purpose of Advance Rulings has been amended by substituting clause (b) of Section 245N of the Income Tax Act, 1961 (the Act). Therefore, consequential amendments are required in Rule 44E and respective Forms to bring them in harmony with the amendment to the Act. Accordingly, a draft notification has been framed and uploaded on the website of the Income Tax Department at www.incometaxindia.gov.in for comments from stakeholders and general public.The comments and suggestions on the draft Rules and Forms may be sent by 30th April, 2018 electronically at the email address, ts.mapwal@nic.in.…
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The Companies (Share Capital and Debentures) Amendment Rules, 2018, notified

G.S.R. ________ (E).— In exercise of the powers conferred by sub-sections (1) and (2) of Section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Share Capital and Debentures) Rules, 2014, namely: 1. Short title and commencement. – (1) These rules may be called the Companies (Share Capital and Debentures) Amendment Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Companies (Share Capital and Debentures) Rules, 2014, in Rule 5, for sub-rule (3) of, the following sub-rule shall be substituted, namely:- “(3) Every certificate shall specify the shares to which it relates and the amount paid-up thereon and shall be signed by two directors or by a director and the company secretary, wherever the company has appointed company secretary: Provided that in case the company has a common seal it shall be affixed in the presence of persons required to sign the certificate. Explanation. – For the purposes of this sub-rule, it is hereby clarified that,- (a) in case of an One Person Company, it shall be sufficient if the certificate is signed by a director and the company secretary or any other person authorised by the Board for the purpose.…
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Cabinet approves the Protection of Human Rights (Amendments) Bill, 2018

The Union Cabinet has given its approval to the Protection of Human Rights (Amendments) Bill, 2018 for better protection and promotion of human rights in the country. Some of the salient features are: It proposes to include “National Commission for Protection of Child Rights” as deemed Member of the Commission; It proposes to add a woman Member in the composition of the Commission; It proposes to enlarge the scope of eligibility and scope of selection of Chairperson, National Human Rights Commission as well as the State Human Rights Commission; It proposes to incorporate a mechanism to look after the cases of human rights violation in the Union Territories. It proposes to amend the term of office of Chairperson and Members of National Human Rights Commission and State Human Rights Commission to make it in consonance with the terms of Chairperson and Members of other Commissions. Benefits: The Amendment will strengthen the Human Rights Institutions of India further for effective discharge of their mandates, roles and responsibilities. Moreover, the amended Act will be in perfect sync with the agreed global standards and benchmarks towards ensuring the rights relating to life, liberty, equality and dignity of the individual in the country. Background: The amendment to the Protection of Human Rights Act, 1993 will make National Human Rights Commission (NHRC) and State Human Rights Commission (SHRC) more compliant with the Paris Principle concerning its autonomy, independence, pluralism and wide-ranging functions in order to effectively protect and promote human rights.…
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Cabinet approves proposal for promulgation of Amendments to Municipal Regulations of Daman and Diu, Dadra and Nagar Haveli and Andaman and Nicobar Islands

The Union Cabinet has approved the proposal for promulgation of: (i) the Daman and Diu Municipalities (Amendment) Regulation, 2018; (ii) the Dadra and Nagar Haveli Municipal Council (Amendment) Regulation, 2018; and (iii) the Andaman and Nicobar Islands (Municipal) Amendment Regulation 2018 Impact: It will help ensure better provisions for the constitution, administration and powers of the Municipalities in the Union Territories of Daman and Diu, Dadra and Nagar Haveli, and Andaman & Nicobar Islands. Details: 1. Provisions relating to anti-defection, constructive no confidence motion, establishment of ombudsman etc. will be inserted in “the Daman and Diu Municipalities Regulation, 1968”, “the Dadra and Nagar Haveli Municipal Council Regulation, 2004” and “the Andaman and Nicobar Islands (Municipal) Regulation, 1994, respectively. 2. The regulations also include other amendments like replacement of term ‘servant’ by ’employee’ to remove colonial connotation, provisions for voting through Electronic Voting Machines, making CCS(CCA) Rules, 1965 applicable to penalty proceedings and revision in the amount of fines which were fixed many years back. [Press Release no. 1523087] Ministry of Home Affairs Tweet The post Cabinet approves proposal for promulgation of Amendments to Municipal Regulations of Daman and Diu, Dadra and Nagar Haveli and Andaman and Nicobar Islands appeared first on SCC Blog.…
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Payment of Gratuity (Amendment) Act, 2018 notified

The Payment of Gratuity (Amendment) Act, 2018, has been brought into force from 29-03-2018. The Bill was passed by Lok Sabha on 15-03-2018 and by Rajya Sabha on 22-03-2018. Background — The Payment of Gratuity Act, 1972 applies to establishments employing 10 or more persons. The main purpose for enacting this Act is to provide social security to workmen after retirement, whether retirement is a result of superannuation, or physical disablement or impairment of vital part of the body. Therefore, the Payment of Gratuity Act, 1972 is an important social security legislation to wage earning population in industries, factories and establishments. The present upper ceiling on gratuity amount under the Act is Rs 10 lakhs. The provisions for Central Government employees under Central Civil Services (Pension) Rules, 1972 with regard to gratuity are also similar.  Before implementation of 7th Central Pay Commission, the ceiling under CCS (Pension) Rules, 1972 was Rs 10 lakhs.  However, with implementation of 7th Central Pay Commission, in case of Government servants, the ceiling has been raised to Rs 20 lakhs. Therefore, considering the inflation and wage increase even in case of employees engaged in private sector, the Government decided that entitlement of gratuity should also be revised in respect of employees who are covered under the Payment of Gratuity Act, 1972. …
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Rendering of Valuation Services without a Certificate of Registration under the Companies (Registered Valuers and Valuation) Rules, 2017 till 30-9- 2018

In exercise of the powers conferred by Section 247 read with Sections 458, 459 and 469 of the Companies Act, 2013 (18 of 2013), the Central Government, vide Gazette Notification dated 18th October, 2017, published the Companies (Registered Valuers and Valuation) Rules, 2017 (hereafter ‘Rules’). Rule 11 of the Rules provides for transitional arrangement that any person, who may be rendering valuation services under the Companies Act, 2013 on the date of commencement of the Rules, may continue to render valuation services without a certificate of registration under the Rules up to 31st March, 2018. Further, the Rules clarify that conduct of valuation by any person under any law other than the Companies Act, 2013 or the Rules shall not be affected by virtue of coming into effect of the Rules unless the relevant other laws or other regulatory bodies require valuation by such person in accordance with the Rules. However, vide Gazette Notification dated 9th February, 2018, the timeline of 31st March, 2018 has been extended to 30th September, 2018. In other words, a person who may be rendering valuation services under the Companies Act, 2013 on the date of commencement of the Rules, may continue to render valuation services without a certificate of registration under the Rules up to 30th September, 2018.…
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Bio-medical Waste Management Rules amended to protect ‘Human Health’

Underlining the effort to protect the environment and human health from infectious bio-medical waste, the Bio-Medical Waste Management Rules, 2016 Rules have been amended to improve compliance and strengthen the implementation of environmentally sound management of biomedical waste in India. These amendments have been made vide Notification G.S.R. 234(E) dated 16-03-2018. The amendment was undertaken after consulting Ministry of Health and Family Welfare, Central Pollution Control Board, State Pollution Control Boards, and Health Care Facilities. The salient features of the Bio-Medical Waste Management (Amendment) Rules, 2018 are — Bio-medical waste generators including hospitals, nursing homes, clinics, dispensaries, veterinary institutions, animal houses, pathological laboratories, blood banks, health care facilities, and clinical establishments will have to phase out chlorinated plastic bags (excluding blood bags) and gloves by 27-03-2019. All healthcare facilities shall make available the annual report on its website within a period of 2 years from date of publication of the Bio-Medical Waste Management (Amendment) Rules, 2018. Operators of common bio-medical waste treatment and disposal facilities shall establish bar coding and global positioning system for handling of bio-medical waste in accordance with guidelines issued by the Central Pollution Control Board by 27-03-2019. The State Pollution Control Boards/Pollution Control Committees have to compile, review and analyze the information received and send its information to the Central Pollution Control Board in a new Form (Form IV A), which seeks detailed information regarding district-wise bio-medical waste generation, information on Health Care Facilities having captive treatment facilities, information on common bio-medical waste treatment and disposal facilities.…
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Amendment to the Mineral Conservation and Development Rules, 2017 [Highlights]

The lease period of merchant miners extended under the Section 8A(6) of the MMDR Act, would expire on 31-03-2020. The Central Government had earlier issued a directive in 2010 which mentioned that all the existing leases have to be brought to an exploration level of G2 or G1 in 5 years’ time. It has been further strengthened by inserting Rule 12 (4A) in the Mineral Conservation and Development Rules, 2017 (MCDR) by way of an amendment notification, published in Gazette of India vide G.S.R. No. 289 dated 27-03-2018. The rule mandates exploration in G2 level as stipulated under clause (a) of Rule 5 of the Mineral (Evidence of Mineral Contents) Rules 2015, to be carried out in the mining leases expiring in 2020 by 01-04-2019. The rule also lays down the timelines for implementation of the exploration plan prepared with the approval of IBM for satisfying the requirements. [Press Release no. 1526840, dt. 28-03-2018] Ministry of Mines Tweet The post Amendment to the Mineral Conservation and Development Rules, 2017 [Highlights] appeared first on SCC Blog.…
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Cabinet approves certain official amendments to the National Medical Commission Bill

The Union Cabinet has approved certain official amendments to the National Medical Commission (NMC) Bill. The Amendment to the NMC Bill comes in the backdrop of its consideration in the Lok Sabha on 02.01.2018 and subsequently being referred to the Department Related Parliamentary Standing Committee (DRPSC). The Government has considered the recommendations made by the Standing Committee in itsreport tabled in the House on 20.03.2018 and general feedback, particularly the views of medical students and practitioners regarding certain provisions of the Bill. The Amendments include: Final MBBS Examination to be held as a common exam across the country and would serve as an exit test called the National Exit Test (NEXT) Having considered the common demand by the students not to subject them to an additional licentiate exam for the purpose of getting license to practice, the Cabinet has approved that thefinal MBBS examination would be held as a common exam throughout the country and would serve as an exit test to be called the National Exit Test (NEXT). Thus, the students would not have to appear in a separate exam after MBBS to get license to practice. NEXT would also serveas the screening test for doctors with foreign medical qualifications in order to practice in India.…
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E-Waste Management (Amendment) Rules, 2018 notified

The Central Government has amended the E-waste (Management) Rules, 2016 in a move to facilitate and effectively implement the environmentally sound management of e-waste in India. The amendment in rules has been done with the objective of channelizing the E-waste generated in the country towards authorized dismantlers and recyclers in order to formalize the e-waste recycling sector. The collection targets under the provision of Extended Producer Responsibility (EPR) in the Rules have been revised and targets have been introduced for new producers who have started their sales operations recently. Some of the salient features of the E-waste (Management) Amendment Rules, 2018 are as follows — The e-waste collection targets under EPR have been revised w.e.f 01-10-2017. The phasewise collection targets for e-waste in weight shall be 10% of the quantity of waste generation as indicated in the EPR Plan during 2017-18, with a 10% increase every year until 2023. After 2023 onwards, the target has been made 70% of the quantity of waste generation as indicated in the EPR Plan. The quantity of e-waste collected by producers from the 01-10-2016 to 30-09-2017 shall be accounted for in the revised EPR targets until March 2018. Separate e-waste collection targets have been drafted for new producers, i.e.…
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The Central Goods and Services Tax (Third Amendment) Rules, 2018 notified

G.S.R. 266(E).- In exercise of the powers conferred by Section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely: – 1. (1) These rules may be called the Central Goods and Services Tax (Third Amendment) Rules, 2018. (2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette. 2. In the Central Goods and Services Tax Rules, 2017,- (i) in Rule 45, in sub-rule (1), after the words, “where such goods are sent directly to a job worker”, occurring at the end, the following shall be inserted, namely: “, and where the goods are sent from one job worker to another job worker, the challan may be issued either by the principal or the job worker sending the goods to another job worker: Provided that the challan issued by the principal may be endorsed by the job worker, indicating therein the quantity and description of goods where the goods are sent by one job worker to another or are returned to the principal: Provided further that the challan endorsed by the job worker may be further endorsed by another job worker, indicating therein the quantity and description of goods where the goods are sent by one job worker to another or are returned to the principal.”; (ii) in Rule 124 – (a) in sub-rule (4), in the first proviso, after the words “Provided that”, the letter “a” shall be inserted; (b) in sub-rule (5), in the first proviso, after the words “Provided that”, the letter “a” shall be inserted; (iii) for Rule 125, the following rule shall be substituted, namely: “125.…
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