29 August, 2017
Inclusion of Private Establishments Under the Right of Persons with Disabilities Act, 2016
The Right of Persons with Disabilities Act, 2016 (‘Act’) have come into force on April 19, 2017 vide noti cation issued by the Ministry of Social Justice and Empowerment. This Act repeals the erstwhile Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Right of Persons with Disabilities Rules, 2017 was also noti ed on June 15, 2017 to give full effect to the Act. The Act has been made applicable for all establishments including the private establishments.
The private employers in order to comply with the provisions of the Act have to formulate an equal opportunity policy which sets out the amenities provided to persons with disabilities. Moreover, private establishments employing more than twenty persons are required to appoint a liaison of cer to supervise the recruitment of persons with disabilities and maintain records containing details of persons with disabilities such as number of persons employed, their date of joining, name, gender etc.
The Act does not impose any obligation on private establishments to recruit persons with disabilities. However with a view to recruit more persons with disabilities, the appropriate government and the local authority shall provide incentives to private employers who ensure that at least ve percent of their workforce is composed of persons with disabilities. The purpose of this Act is to encourage recruitment of persons with disabilities and require employers to provide a disabled friendly workplace.
The Ministry of Information & Broadcasting Issues Advisory for TV Channels Against the Misleading Advertisements of AYUSH Products/Drugs
In order to protect the citizens from misleading advertisements and health risks, the Ministry of Information & Broadcasting, Government of India issued an advisory dated 12th July, 2017, to all the television channels for ensuring strict compliance of the provisions of the Drug and Magic Remedies (Objectionable Advertisements) Act, 1954, and the Drugs & Cosmetic Act, 1940. The advisory states that the aforesaid Acts and the rules thereunder should be adhered by the television channels while telecasting advertisements. As per the advisory, in relation to the Ayurvedic, Siddha, Unani and Homeopathic (AYUSH) products/drugs, the television channels are advised to advertise only AYUSH products/drugs that have valid license issued by the Ministry of AYUSH or the State Drug Licensing Authorities. The Ministry of AYUSH is of the view that some channels carry advertisements with exaggerated or improper claims of AYUSH products/drugs which mislead consumers and pose potential health risks with self-medication.
The Companies (Meetings of Board and its Powers) Second Amendment Rules, 2017
The Ministry of Corporate Affairs (“MCA”) on July 13, 2017 has noti ed the Companies (Meetings of Board and its Powers) Second Amendment Rules, 2017. The Ministry has prescribed that any director who intends to participate in the meeting through electronic mode may have to intimate about such participation at the beginning of the calendar year and such declaration shall be valid for one year. Provided that such declaration shall not debar him from participation in the meeting in person in which case he shall intimate the company suf ciently in advance of his intention to participate in person.
The Companies (Incorporation) Second Amendment Rules, 2017
The MCA vide a noti cation dated July 27, 2017 has noti ed Companies (Incorporation) Second Amendment Rules, 2017 to further amend the Companies (Incorporation) Rules, 2014. The amendments relate to provisions regarding change of registered of ce within the same State, or change of registered of ce from one State or Union Territory to another State or Union Territory.
Online Filing System for Alternative Investment Funds
The Securities and Exchange Board of India (“SEBI”) has issued a circular dated July 31, 2017 introducing an online ling system for Alternative Investment Funds (“AIF”). The online system can be used for application for registration, reporting and ling in terms of the provisions of AIF Regulations and circulars issued thereunder. All applicants desirous of seeking registration as an AIF are now required to submit their applications online only, through SEBI Intermediary Portal at https://siportal.sebi.gov.in.
For further information, please contact:
Vineet Aneja, Partner, Clasis Law
vineet.aneja@clasislaw.com