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Govt.

of Maharashtra
Maharashtra Labour Welfare Fund
(Amendment) Act, 2024

MOEFCC
Plastic Waste Management (Amendment)
Rules, 2024

MIB
APRIL - 2024, VOLUME: I Press and Registration of Periodicals
Rules, 2024

Case Law
TDS under Section 194H of the Income
Tax Act does not apply to business
transactions if the assessee is not
accountable for the payment of income

#Trusted Compliance Partner


Applicability:
Employers and Employees in the State of Maharashtra

An Act to provide for the constitution of a Fund for the financing of


activities to promote welfare of labour in the State of Maharashtra
for conducting such activities and for certain other purposes.

Sub-section (2) of section 6BB of the said Act provides for


contribution to be made to the Fund by the employees, employers
Authority and also by the State Government for every six months. The said
tripartite contribution is the main source of income of the
Maharashtra Labour Welfare Board to promote welfare activities for
Government of
labourers and their dependents.
Maharashtra
Sub Section (2) of Section 6BB of the Maharashtra Labour Welfare
Fund Act has been substituted via amendment dated 18th March,
2024.
Circular Date
Following are the takeaways from the amendment:
March 18, 2024
• Every employee and employer must pay a contribution every six
months.
• The employee's contribution is fixed at twenty-five rupees if
Circular Number their name is in the establishment's register on June 30th and
December 31st, with a provision for the state government to
Maharashtra Act No. increase it by up to thirty percent every three years.
XXV OF 2024 • The employer's contribution is three times the amount paid by
each employee mentioned in point (a).

Effective Date The amendment aims to increase the contribution rates to the fund
every six months by employees, employers, and the State
March 18, 2024 Government. This is done to provide financial support for the
growing welfare activities, cover increased staff costs, and allow the
Board to introduce new initiatives for the benefit of laborers and
their dependents.

Source: Click Here for more details


Applicability:
Applicable throughout India.

Curbing Plastic Pollution: MOEFCC Announces New Plastic Waste


Management Rules

The Ministry of Environment, Forest and Climate Change (MOEFCC)


has taken a significant step towards curbing plastic pollution in India.
On March 14, 2024, the MOEFCC notified the Plastic Waste
Authority Management (Amendment) Rules, 2024, which amends the existing
Plastic Waste Management Rules, 2016.
Ministry of Focus on Extended Producer Responsibility (EPR):
Environment, Forest
• The Amendment strengthens the EPR framework, making
and Climate Change
producers, importers, and brand owners responsible for
(MOEFCC) collecting the plastic packaging they introduce into the market.
This incentivizes them to design more sustainable packaging
solutions.

Circular Date Expanded Definition of "Importer":

The Amendment clarifies the definition of "importer" to encompass


March 14, 2024 imports of various plastic products, including:

• Plastic packaging and commodities with plastic packaging.


• Carry bags and plastic sheets.
Circular Number • Raw materials like resin, pellets, and intermediates used
for plastic packaging and films.
G.S.R. 201(E)
Stay Informed, Take Action:

These amendments aim to create a more holistic and accountable


Effective Date plastic waste management system in India. Here's what you can do:

• Businesses: Review your plastic packaging practices and


March 15, 2024 explore EPR compliance options.
• Individuals: Be mindful of your plastic consumption. Opt
for reusable alternatives and properly dispose of plastic
waste.
• Stay Updated: Follow the MOEFCC website
https://moef.gov.in/moef/index.html for further details
and clarifications on the Plastic Waste Management
(Amendment) Rules, 2024.
Working Together for a Cleaner Future

By implementing these amendments, the MOEFCC is sending a


strong message about its commitment to tackling plastic pollution.
By working together – businesses, individuals, and the government –
we can create a cleaner and more sustainable future for India.

Source: Click Here for more details

Authority

Ministry of
Environment, Forest
and Climate Change
(MOEFCC)

Circular Date

March 14, 2024

Circular Number

G.S.R. 201(E)

Effective Date

March 15, 2024


Applicability:
The PRP Rules, 2024, govern the registration of all periodicals
published in India, including newspapers, magazines, journals, and
other publications with periodicity

Press Registration Goes Digital: MIB Notifies New Rules!

The Ministry of Information and Broadcasting (MIB) has streamlined


the process of registering periodicals in India with the notification of
the Press and Registration of Periodicals (PRP) Rules, 2024. This
Authority newsletter provides a comprehensive overview of these new
regulations.

Ministry of Key Highlights of the PRP Rules, 2024:


Information and • Online Registration: The process of registering periodicals is now
Broadcasting (MIB) entirely online through the Press Sewa Portal. This eliminates the
need for physical submissions.
• Responsibilities of Printers and Publishers: The rules outline
Circular Date specific responsibilities for both printers and publishers of
periodicals. Printers must intimate the Press Registrar General
March 1, 2024 (PRGI) within 30 days of starting operations. Similarly, publishers
must register with the PRGI through the Press Sewa Portal.
• Discontinuation of Periodicals: In case of publication closure,
publishers are required to submit an online intimation to the
Circular Number PRGI within six months of discontinuing the periodical.

(Notification No. G.S.R. Benefits of the New Rules:


151(E) • Transparency and Efficiency: The online system promotes
transparency and streamlines the registration process.
• Faster Turnaround: Online registration is expected to expedite
Effective Date the registration process for publishers.
• Convenience for Stakeholders: Both printers and publishers can
fulfill their obligations conveniently through the online portal.
March 1, 2024
Stay Updated:
For the latest information and official documents related to the PRP
Rules, 2024, visit the website of the Ministry of Information and
Broadcasting (MIB) or the Press Registrar General of India (PRGI).

Source: Click Here for more details


Relevant Law:

• Income Tax Act, 1961 (specifically Section 194-H)


• Section 194-H of the Income Tax Act, 1961: This section mandates
deduction of tax at source (TDS) on certain payments, including
"commission or brokerage." However, the Act doesn't explicitly define
"commission or brokerage.“

Facts:

• Bharti Cellular Limited (now Bharti Airtel Limited) and other cellular
Case Title mobile service providers were involved in a dispute with the Income
Tax Department (ITD) regarding Tax Deducted at Source (TDS) under
Section 194-H of the Income Tax Act.
Bharti Cellular
• Section 194-H mandates deduction of tax at source on "commission or
Limited Vs ACIT brokerage."
(2024) • The ITD argued that the payments made by Bharti Cellular to its
franchisees/distributors constituted "commission" and thus attracted
TDS under Section 194-H.
• Bharti Cellular contended that the payments were not commissions but
reimbursements for expenses incurred by the franchisees/distributors.
Additionally, they argued that the franchisees/distributors were not
their agents.

Issue:

Whether payments made by Bharti Cellular to its franchisees/distributors


attracted TDS under Section 194-H of the Income Tax Act.

Supreme Court Verdict:

The Supreme Court ruled in favour of Bharti Cellular Limited and other
cellular mobile service providers. The court held that:

• The payments made to franchisees/distributors did not qualify as


"commission or brokerage" under Section 194-H.
• The nature of the relationship between Bharti Cellular and its
franchisees/distributors was that of independent contractors, not
principal and agent.
Applicability:

This case clarifies the scope of Section 194-H of the Income Tax Act. It
establishes that payments made to independent contractors, even if related
to services rendered, may not necessarily attract TDS under this section.

Impact:

This judgment provides guidance to companies engaging with independent


contractors and clarifies the circumstances under which TDS deduction is
required. It helps to avoid unnecessary tax burdens on businesses and
independent contractors alike.

Case Title

Bharti Cellular
Limited Vs ACIT
(2024)
Effective
S. No Regulatory Update
Date

Ministry of Finance notifies the Foreign Exchange Management (Non-debt


1 Instruments) (Second Amendment) Rules, 2024
14-Mar-24

2 Ministry of Commerce & Industry notifies the Patents (Amendment) Rules, 2024 15-Mar-24

Government of Maharashtra notifies Maharashtra Labour Welfare Fund


3 (Amendment) Act, 2024
18-Mar-24

Government of Rajasthan Conditions For Employing Women Workers During Night


4 in the State of Rajasthan
19-Mar-24

UT of Dadra & Nagar Haveli and Daman & Diu notifies Dadra & Nagar Haveli and 15-Mar-24
5
Daman & Diu Labour Welfare Fund Rules, 2024

RBI updates Master Direction – Reserve Bank of India (Non-Banking Financial


6 21-Mar-24
Company – Scale Based Regulation) Directions, 2023

7 NSE issues Circular for CBRICS – Settlement Calendar for April 2024 22-Mar-24

EPFO notifies SOP for processing of Joint Declaration of member profile updation
8 26-Mar-24
version-2 in EPFO

IRDAI notifies Insurance Regulatory and Development Authority of India (Actuarial,


9 01-Apr-24
Finance and Investment Functions of Insurers) Regulations, 2024

10 MIB notifies the Cinematograph (Certification) Rules, 2024 16-Mar-24

For Details and more regulatory updates:

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Disclaimer: This newsletter is prepared by Clonect Solutions Pvt. Ltd. and contains information about the statutory compliance updates for general
information only. No claim is made as to warrant or represent that the information contained in this document is correct. Also, it should not be considered
as legal or financial advice and under no circumstances Clonect Solutions Pvt. Ltd. shall be held responsible for any kind of damages arising there to.

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