Establishment of Web Portal (Legal Information Management and Briefing System (LIMBS))

Ministry of Law and Justice Press Release 24 March 2022

The Ministry of Law and Justice, Department of Legal Affairs had taken the initiative for launch of the Legal Information Management and Briefing System (LIMBS), a web based application for upload of information and monitoring of  court cases where Union of India is one of the parties. It is an innovative and easy to access online tool which is available 24×7 to all the stakeholders’ viz., government officials, department users, nodal officers, etc.

LIMBS Ver.2 is an upgraded version of LIMBS developed by NIC. It is a dashboard based system for the user Ministries/Departments on which they can feed the litigation matters pertaining to them and monitor them. This version is overhauled with the use of Open Source technologies using Coordinator framework of Hypertext Preprocessor (PHP) to enhance the security of the system and improve the efficiency of the system. Till date, LIMBS Ver.2 has captured more than 8.06 lacs court cases (including archive cases) with 5.50 lakh live cases, 14204 registered users, more than 20000 advocates and 3302 courts on a single platform.

The Government has introduced Mediation Bill, 2021 in the Rajya Sabha on 20.12.2021 to enact a standalone law on Mediation.  The Bill aims to promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for registration of mediators, to encourage community mediation and to make online mediation as acceptable and cost effective process and for matters connected therewith or incidental thereto.

The Bill is presently under examination of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice.

This information was given by Shri Kiren Rijiju Union Minister, Minister of Law and Justice, in Rajya Sabha today.

Implementation Of New Labour Codes (Press Release 21st March 2022)

“Labour” is in the Concurrent List of the Constitution and under 4 Labour Codes, rules are required to be framed by the Central Government as well as by the State Governments. As a step towards implementation of the four Labour Codes, the Central Government has published the draft Rules under 4 labour Codes, inviting suggestions and objections from all stakeholders. Till date, the provisions of Section 142 of the Code on Social Security, 2020 and the provisions related to the Central Advisory Board as specified under Section 42 and 67 of the Code on Wages, 2019 have come into effect.

As per available information, 27, 23, 21 and 18 States/UTs have pre-published draft Rules under the Code on Wages, 2019,  the Industrial Relations Code, 2020,  the Code on Social Security, 2020 and  the Occupational Safety, Health and Working Conditions Code, 2020 respectively.

There have been widespread consultations while finalizing all 4 Labour Codes. The details are as under:-

i.  All Codes were placed on the website of the Ministry of Labour and Employment, inviting comments from all stakeholders including general public.

ii. Nine tripartite consultations were undertaken on all the four Codes on 10.03.2015, 13.04.2015, 06.05.2015, 14.07.2015, 06.10.2015, 04.10.2017, 22.11.2018, 27.11.2018 and 05.11.2019 inviting all Central Trade Unions, Employers’ Associations and State Governments. The stakeholders had participated in the afore-said tripartite meetings and gave suggestions on various aspects of Labour Codes.

iii. In addition to the above, seven Regional Conferences of State Labour Ministers and Principal Secretaries/Secretaries of State (Labour) were also held during January, 2017 to December, 2019 in which Codes were also discussed.

iv. All the Codes were referred to the Parliamentary Standing Committee on Labour for examination by the Lok Sabha which, while examining the Codes, had invited the views/suggestions from Trade Unions/Organizations/Individuals/Stakeholders including the State Governments. The Committee also took oral evidence of the representatives of Central Trade Unions and various other Associations/Organisations/Stakeholders/some State Governments.

This information was given by Shri Rameswar Teli, Minister of State, Ministry of Labour & Employment in Rajya Sabha today.

Access to Working Capital for MSMEs (Press release 21st March 2022)

The Government has taken a number of initiatives for providing financial assistance to the Micro, Small and Medium Enterprises (MSMEs) to cope with the financial impact of the COVID-19 pandemic, including access to working capital. These include the following:

  1. Prime Minister’s Employment Generation Programme (PMEGP) – maximum project cost is Rs. 25 lakh, which includes capital expenditure and working capital.
  2. Credit Guarantee Scheme (CGS) – maximum 85% guarantee is extended upto credit facility of Rs. 200 lakh, for both term loan and working capital. As per the Budget Announcement 2022-23, to facilitate an increased flow of credit, Rs. 2 lakh crore additional credit facility will be provided to Micro & Small Enterprises under this scheme.
  3. Emergency Credit Line Guarantee Scheme (ECLGS) – announced as part of Aatma Nirbhar Bharat Package in May, 2020 to provide Collateral free Automatic Loans for businesses, including MSMEs. Initially, the admissible limit of the guarantee was Rs. 3 lakh crore which was later enhanced to Rs. 4.5 lakh crore. As per the Budget Announcement 2022-23, the ECLGS is being extended up to March 2023 with an expanded guarantee cover of Rs. 5 lakh crore. The additional guarantee cover of Rs. 50,000 crore is earmarked exclusively for the hospitality and related enterprises.

This information was given by the Minister of State for Micro Small and Medium Enterprises, Shri Bhanu Pratap Singh Verma in a written reply to the Rajya Sabha.

National Judicial Infrastructure Authority of India (Press release 21st March 2022)

The Registry of Supreme Court of India has compiled data on the status of judicial infrastructure and court amenities.  A proposal has been received from Chief Justice of India for setting up of National Judicial Infrastructure Authority of India (NJIAI) for arrangement of adequate infrastructure for courts, as per which there will be a Governing Body with Chief Justice of India as Patron-in-Chief. The other salient features of the proposal are that NJIAI will act as a Central body in laying down the road map for planning, creation, development, maintenance and management of functional infrastructure for the Indian Court System, besides identical structures under all the High Courts. The proposal has been sent to the various State Government/UTs, as they constitute an important stakeholder, for their views on the contours of the proposal to enable taking a considered view on the matter.

As far as the Centrally Sponsored Scheme for the Development of Infrastructure Facilities for Judiciary is concerned, the primary responsibility of development of Infrastructure facilities for judiciary rests with the State Governments.  To augment the resources of the State Governments, the Union Government has been implementing a Centrally Sponsored Scheme for Development of Infrastructure Facilities in district and subordinate courts by providing financial assistance to State Governments / UTs in the prescribed fund sharing pattern. The scheme is being implemented since 1993-94. Till date, the Central Government has sanctioned Rs. 8758.71 crore under the Scheme to States/UTs, out of which Rs. 5314.40 crore has been released since 2014-15 which is around 60.68% of the total release under the scheme. The Government has approved the continuance of this CSS for a period of 5 years from 01.04.2021 to 31.03.2026, with a total budgetary outlay of Rs.9000 crores, including Central share of Rs.5307 crores. The scheme components have been expanded, to also cover the construction of toilets, digital computer rooms and Lawyers’ Hall, in addition to the Court Halls & Residential Units in the district and subordinate courts. Pursuant to the extension of the scheme and introduction of new features in the scheme, revised guidelines have been issued on 19.08.2021 for implementation of Centrally Sponsored Scheme for Development of Infrastructure Facilities for Judiciary.

This information was given by Shri Kiren Rijiju, Union Minister, Ministry of Law and Justice, in Rajya Sabha today.

Online courts for ensuring fair trial (Press release 21 March 2022)

In the pre-Covid period, the virtual hearing setup was being used by most of the courts primarily for conducting remand matters without movement of prisoners between court and jails. This experience helped in expanding the video-conferencing (VC) of court hearings in the wake of the COVID-19 pandemic.To bring about uniformity and standardization in the conduct of VC, an overarching order was passed by the Hon’ble Supreme Court of India on 6th April 2020 which gave legal sanctity and validity to the court hearings done through VC. Further, Model VC rules were framed by a 5-judge committee which was circulated to all the High Courts for adoption after local contextualization. 23 High Courts have already adopted these Model Rules. Video conferencing emerged as the mainstay of the Courts during the Covid lockdown period as physical hearings and normal court proceedings in the congregational mode were not possible. Since Covid lockdown started, the District courts heard 1,11,40,223 cases while the High Court heard 60,21,688 cases (totalling 1.71 cr) till 31.01.2022 using video conferencing. The Supreme Court held 1,81,909 hearings till 08.01.2022 since the beginning of lockdown period.To augment the VC infrastructure of the Courts, one VC equipment each has been provided to all Court Complexes including Taluk level courts and additionally funds have been sanctioned for additional VC equipment for 14,443 court rooms. Funds for setting up 2506 VC Cabins have been made available. Additional 1500 VC Licenses have been acquired. VC facilities are already enabled between 3240 court complexes and corresponding 1272 jails. A sum of Rs. 7.60 crore has been released for procurement of 1732 Document Visualizers.

To bridge digital divide, Government has released Rs. 12.54 crore for setting up eSewa Kendras. As on 31.01.2022, 475 eSewa Kendras have been made functional under 25 High Courts. Rs. 12.12 cr has been allocated for creating 1732 Help Desk counters for e-Filing in Court Complexes; Judicial Service Centres have been established at all computerized courts to serve as a single window for filing petitions and applications by litigants / lawyers and for disseminating judicial information related to cause lists and other case related information to the lawyers and litigants through Info Kiosks. Mobile e-courts van equipped with Wi-Fi and computers for video conferencing for speedy disposal of cases have also been started in Uttarakhand and Telangana High Courts.Training programs and awareness campaigns have been conducted from time to time to train various stakeholders to bridge digital divide and familiarise them with court digitisation initiatives. Towards creating awareness and familiarization of e-Filing amongst lawyers, Webinars on e-Filing for Tamil Nadu, Goa, Maharashtra and Delhi Bar Council was organized during June 2020 which had more than 19,000 viewers. A Manual on e-Filing entitled as “Step by Step Guide for e-Filing” has been prepared and made available on the e-Filing portal, in both English and Hindi, for use of advocates and litigants.  It has also been released in 11 regional languages. The e-Committee, Supreme Court of India has issued user manual for e-Courts Services Mobile Application and uploaded it on the official website of e-Committee in 14 languages namely English, Hindi, Bengali, Assamese, Gujarati, Kannada, Khasi, Malayalam, Marathi, Nepali, Odia, Punjabi, Tamil and Telugu.  A Brochure in English and Hindi on “How to register for e-Filing” has been made available on the e-Filing portal for the use of lawyers. It has also been released in 12 regional languages. As part of awareness campaign, a YouTube Channel has been created in the name of eCourts Services where video tutorials on e-Filing have been made available for larger outreach to stakeholders. 12 self-help videos on e-Filing in 7 regional languages apart from Hindi and English was prepared and circulated for the advocates as part of awareness raising programme. The said videos are available in the e filing portal help desk and also in the social media through the eCommittee YouTube channel. To conduct awareness programme for advocates on eFiling and ECMT tools under eCourt Services, training of trainers has already been undertaken by eCommittee of the Supreme Court at the National and State level. 25 Master Trainers have been trained in each High Court who in turn has already trained 5409 Master Trainers across the country. These, 5409 Master Trainers have in turn imparted training programme on eCourt Services and eFiling in each district of the country for advocates in their regional languages and also identified Master Trainer Advocates.

 

This information was given by Shri Kiren Rijiju, Union Minister, Ministry of Law and Justice, in Rajya Sabha today.

FSSAI ACTION AGAINST COMPANIES SELLING ADULTERATED FOOD ITEMS (Press release 15th March 2022)

Section 38, Sub-Section (3) of Food Safety and Standards Act, 2006 provides that where any sample is taken, its cost calculated at the rate at which the article is usually sold to the public shall be paid to the person from whom it is taken. Accordingly, Food Safety Officers while lifting food samples for enforcement and surveillance activities actually purchase it from the Food Business Operators engaged in any food related activities i.e. manufacturing, wholesaling, retailing etc.

The results of enforcement action carried out in a particular financial year are reflected in the Annual Report of FSSAI which is placed in public domain i.e on the website of FSSAI for general information of the public after it is laid in the both Houses of Parliament.

Implementation & enforcement of provisions of Food Safety and Standards Act, 2006 primarily lies with States/UTs Governments. Regular surveillance, monitoring, inspection and sampling of food articles including honey is carried out by food safety officials of States/UTs and where the samples are found non-conforming action is initiated under penal provisions of the Food Safety and Standards Act. Action for misleading advertisements/claims is also taken under the penal provisions of the FSS Act. 

The Union Minister of State for Health and Family Welfare, Dr. Bharati Pravin Pawar stated this in a written reply in the Rajya Sabha today.

Reserve Bank clarifies on the mode of receipt of complaints under Reserve Bank – Integrated Ombudsman Scheme 2021(RB-IOS)

RBI Press release 09th March 2022

Instances of misinformation being spread through certain sections of the social media about the Reserve Bank – Integrated Ombudsman Scheme 2021 (RB-IOS) have come to the notice of the RBI. These messages are conveying to public at large to lodge their complaints against entities regulated by RBI through third parties for a charge/fee or otherwise for early redress of grievances.

It is clarified that RBI does not have any such arrangement with any entity for redress of grievances against the Regulated Entities (REs). RBI has laid down a cost free grievance redress mechanism under RB-IOS which does not involve payment of fees or charges in any form or manner. Customers having grievances against REs for deficiency in services, which is not redressed satisfactorily or in a timely manner by the REs can directly lodge their complaint on the Complaint Management System (CMS) portal (https://cms.rbi.org.in) or by e-mail at crpc@rbi.org.in or in physical mode at the ‘Centralised Receipt and Processing Centre’ (CRPC) set up at RBI, 4th Floor, Sector 17, Chandigarh – 160017.

Complainants having queries on RB-IOS or desiring information relating to their complaints lodged through the above methods, can reach the Contact Centre of RBI at toll-free #14448 (currently available from 9:30 am to 5:15 pm on working days) in Hindi, English and nine regional languages (Bengali, Gujarati, Kannada, Odia, Malayalam, Marathi, Punjabi, Tamil and Telugu). The status of complaints can also be tracked on the CMS portal.

(Yogesh Dayal)     
Chief General Manager

Press Release: 2021-2022/1836

Updates-07th March 2022

🖋️ Court room

SC Allows Insolvency Application Withdrawal as Majority Homebuyers accepted Builder’s Settlement during CIRP

Amit Katyal Vs Meera Ahuja (Supreme Court of India) dated 03/03/2022

Sale deed registration operate from the time from which it would have commenced to operate if no registration was required or made

Chitranshi Goyal Vs Indian Oil Corporation Ltd. (Rajasthan High Court) dated 22/02/2022

Parties by agreement cannot give jurisdiction to a Court which lacks jurisdiction

Aanchal Mittal Vs Ankur Shukla (Delhi High Court) dated 25/02/2022

Summons for appearance & authorization for arrest under GST is not a Criminal Proceedings

Saurabh Mittal Vs Union of India (Delhi High Court) dated 11/02/2022

Compounding Benefit under Income Tax cannot be denied for non-acquittal from Criminal Charges

Jai Singh Goel Vs Chief Commissioner of Income Tax (Central) & Anr. (Delhi High Court) dated 25/02/2022

✒️ Laws-Act, Rule, Regulation,Notification, Circular etc.

LLP (2nd Amendment) Rules, 2022 dated 04th March 2022 (Clausewise analysis)

Auto-population of e-invoice details into GSTR-1 (GST Portal updates-03 March 2022)

✒️ Articles, News etc.

“Net Profit” calculation for CSR & Managerial remuneration II Net Profit as per Section 198 of CA 2013

ROC Adjudication order dated 03rd March 2022 for violation of 2nd proviso of Section 149(1) of CA 2013 (Non appointment of women director)

Exporter arrested for GST fraud case (Fraudulent ITC claim of Rs. 15.26 Cr.)-GST Updates -04-03-2022

ROC Adjudication order dated 03rd March 2022 for violation of 2nd proviso of Section 149(1) of CA 2013 (Non appointment of women director)

ROC Adjudication order dated 03rd March 2022 for violation of 2nd proviso of Section 149(1) of CA 2013 (Non appointment of women director)

Section reference As per Section 149 : Company to have Board of Directors.—(1) Every company shall have a Board of Directors consisting of individuals as directors and shall have— (a) a minimum number of three directors in the case of a public company, two directors in the case of a private company, and one director in the case of a One Person Company; and (b) a maximum of fifteen directors:

Provided that a company may appoint more than fifteen directors after passing a special resolution:

Provided further that such class or classes of companies as may be prescribed, shall have at least one woman director.

172. Penalty.— If a company is in default in complying with any of the provisions of this Chapter and for which no specific penalty or punishment is provided therein, the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees, and in case of continuing failure, with a further penalty of five hundred rupees for each day during which such failure continues, subject to a maximum of three lakh rupees in case of a company and one lakh rupees in case of an officer who is in default.]

ED has filed a Prosecution Complaint against Pushpesh Kumar Baid & Ors under PMLA, 2002 in a Rs. 182.78 Crore Bank Loan cheating case. Court has taken cognizance in the matter.

For your quick reference

Section 13 in The Prevention of Money-Laundering Act, 2002

13. Powers of Director to impose fine.—

(1) The Director may, either of his own motion or on an application made by any authority, officer or person, call for records referred to in sub-section (1) of section 12 and may make such inquiry or cause such inquiry to be made, as he thinks fit.

(2) If the Director, in the course of any inquiry, finds that a banking company, financial institution or an intermediary or any of its officers has failed to comply with the provisions contained in section 12, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may, by an order, levy a fine on such banking company or financial institution or intermediary which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.