Legal & Industry Updates - December 2018
Competition Commission of India (General) Amendment Regulations, 2018
Competition Commission of India (CCI) has amended the Competition Commission of India (General) Regulation, 2009, through introducing the Competition Commission of India (General) Amendment Regulations, 2018.
The new regulation has inserted Section 46A, stating that the advocate shall be allowed to accompany the person only when a request in writing, accompanied by a Vakalatnama or Power of Attorney, is duly submitted to the Director General (DG), prior to the commencement of the proceedings.
Further, an advocate can neither sit in front of the person so summoned, nor be at a hearing distance of such person. He is also barred from interacting, consulting, conferring or in any manner communicating with the person, during his examination on oath. The DG has, in fact, been empowered to make a written complaint to the CCI in case of any misconduct by an advocate.
Companies (Cost Records and Audit) Amendment Rules, 2018
Ministry of Corporate Affairs (MCA) has released a notification amending the Companies (Cost Records and Audit) Rules, 2014 (“Audit Rules 2014”). The amended rules are called the Companies (Cost Records and Audit) Amendment Rules, 2018. The amendments mainly pertain to:
Inclusion of additional HSN codes
Automatic extension in the last date of filing of CRA-4 (Cost Audit Report in XBRL) in case of AGM extension
Unit of Measurement defined for cost records purposes and aligned with Customs Tariff Act based on which HSN codes under GST have been mandated
Delhi High Court Bans Sale of Online Medicines across India
Delhi High Court while acting on a Public Interest Litigation filed by Dr. Zaheer Ahmed, a Delhi based dermatologist, has ordered a ban on the sale of online medicines by E- pharmacies across India. The bench of Chief Justice Rajendra Menon and Justice V K Rao has ordered Central and Delhi governments to implement the order.
Draft Patents (Amendment) Rules, 2018 Published For Public Comments
Department of Industrial Policy and Promotion (DIPP) has published the Draft Patents (Amendment) Rules, 2018, which will amend the Patents Rules, 2003
The department has sought views of stakeholders on the draft rules till January, 2019. DIPP has suggested amendments in the rules to expedite examination of applications, opposition proceedings for grant of patent, and fees for international application. The draft rules have also suggested removal of the transmittal fee for international application (for e-patent cooperation treaty filing) for startups and small entities.
Government Revises Foreign Direct Investment (FDI) Policy to Check “Predatory Behaviour” of E-Commerce Players
The Center has revived plans to check the predatory behavior of e-commerce players by imposing checks on discounts and cashbacks offered by the e-commerce players. The Ministry of Commerce and Industry has notified through a press release that e- commerce companies running online marketplace platforms cannot sell products on their platform through companies where they hold an equity stake. An entity having equity participation by e-commerce marketplace entity or its group companies, or having control on its inventory by e-commerce marketplace entity or its group companies, will not be permitted to sell its products on the platform run by such marketplace entity. The decision will come into effect from 1st February , 2019.
Companies (Incorporation) Fourth Amendment Rules, 2018
Central Government has amended the Companies (Incorporation) Rules, 2014, by introducing the Companies (Incorporation) Fourth Amendment Rules, 2018.
This amendment brings more clarity to the rules related to name availability by:
inclusion of illustrations in the rules
providing a clear test to determine as to whether the applied name resembles too nearly with the name of an existing company
bringing more clarity in the rule related to “general names”/descriptive names and trademark applicability
Companies (Registration of Charges) Second Amendment Rules, 2018
Central Government has amended the Companies (Registration of Charges) Rules, 2014, by introducing the Companies (Registration of Charges) Second Amendment Rules, 2018, whereby Form No.CHG-4 has been substituted.
Government Changes Guidelines concerning Child Care Leave(CCL)
Central Government has notified that the central government employees who are single fathers can also avail Child Care Leave of a total of 730 days during their entire period of service. By “single male” the notification meant “an unmarried or widower or divorcee”. This provision was till now only applied to women employees who could take CCL in three spells in a year. Also, she could avail the leave for up to two children only.
Disclaimer: The updates provided in this document is not a legal opinion and does not claim to capture all legal developments related to the subject matter stated herein. It is advisable to seek legal advice for accurate applicability, prior to relying on the updates for any legal matter.