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There have been a number of significant pieces of legislation passed in 2021. Let’s take a look at the Important Legislations passed in 2021.
Important Legislations passed in 2021 – Legal Bites Year Update
Government of National Capital Territory of Delhi (Amendment) Act, 2021
Earlier this year, President Ram Nath Kovind signed into law a bill amending the Government of National Capital Territory of Delhi Act of 1991. By amending the concept of “Government,” the Legislative Assembly now means “the Lieutenant Governor” whenever the term “Government” is used in legislation.
Major Port Authorities Act, 2021
The President has given his consent to the Major Port Authorities Act, which will take the place of the existing Major Port Trusts Act, passed in 1963. Provided for under the Act, the Boards of Major Port Authorities would be responsible for the management of major ports in India, as well as their operations and planning.
Medical Termination of Pregnancy (Amendment) Act, 2021
The Medical Termination of Pregnancy (Amendment) Act 2021 expands access to safe and legal abortion services on therapeutic, eugenic, humanitarian and social grounds to ensure universal access to comprehensive care.
Under the Act, if a contraceptive technique or device fails, a married woman may terminate her pregnancy for up to 20 weeks. As a result, it allows unmarried women to terminate a pregnancy for this same reason. Further, the act increases the upper gestation limit from 20 to 24 weeks for special categories of women, including survivors of rape, victims of incest and other vulnerable women (differently-abled women, minors, among others)
All India Tourist Vehicles (Authorisation or Permit) Rules, 2021
This year’s All India Tourist Vehicles (Authorization or Permit) Rules were published by the Ministry of Road Transport and Highways. The Rules provide that only a tourist vehicle operator can apply for authorization and a permit through the payment of fees.
Companies (Incorporation) Second Amendment Rules, 2021
To update the Companies (Incorporation) Rules, 2014, the Ministry of Corporate Affairs released the Companies (Incorporation) Second Amendment Rules, 2021, which came into effect on April 1, 2021. One Person Company Conversion into a Public or Private Company is modified by the amendment.
National Bank for Financing Infrastructure and Development Act, 2021
On March 28, 2021, the President signed into law the National Bank for Financing Infrastructure and Development Act, 2021. India’s National Bank for Financing Infrastructure and Development (NaBFID) is to be established as a result of the legislation passed here.
Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021
Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021 seeks to abolish appellate bodies and their powers will be transferred to judicial bodies under the Ordinance. Some of these laws include the Cinematograph Act, 1952, Customs Act, 1962, Airports Authority of India Act, 1994, Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and other Acts.
Companies (Audit and Auditors) Amendment Rules, 2021
New rules for the 2021 auditing of public companies have been released by the Ministry of Corporate Affairs (MCA). Clause (d) of Rule 11 of Companies (Audit and Auditors) Rules, 2014, has been removed and Clause (e), (f) and (g) have been added to Rule 11 as a result of the Amendment.
Auditors are no longer required to report on the company’s 2016 holdings and transactions in Provided Bank Notes due to the deletion of section (d), but they are now required to do so as specified in clauses (e) and (f) as of April 1, 2021.
Central Civil Services (Implementation of the National Pension System) Rules, 2021
Effective as of March 30, 2021, the government has published the Central Civil Services (Implementation of the National Pension System) Rules, 2021. Among the many benefits available to NPS employees, these rules detail compensation for government servants who have been delayed in registering for and crediting their contributions to the NPS Account, as well as the choice of receiving benefits under the CCS(Pension) Rules or NPS Rules if a government employee dies or becomes disabled while working.
Consumer Protection (E-Commerce) (Amendment) Rules, 2021
There has been a notification from the Ministry of Food and Public Distribution that the Consumer Protection (E-Commerce) (Amendment) Rules, 2021 were amended on May 17, 2021. As a result of the change, any e-commerce business must now nominate an officer or other senior designee to oversee compliance with the Act and Rules as a condition of doing business.
Drone Rules, 2021
The Drone Rules, 2021, have been approved by the Ministry of Civil Aviation. Unmanned Aircraft System (UAS) provisions will be regulated by the new rules.
Insolvency Bankruptcy Code (Amendment) Act, 2021
For MSMEs, the Pre-packaged Insolvency Resolution Process has been announced by the Central Government under the Insolvency and Bankruptcy Code Amendment Act, 2021 (the “Act”). IBC Act, 2016 and the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 are repealed by this Act, while the IBC Act, 2016 is amended.
SEBI (Substantial Acquisition of Stock and Takeovers) (Amendment) Regulations, 2021
India’s Securities and Exchange Board is amending the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 by making the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Amendment Regulations, 2021. “Innovators Growth Platform” shall be substituted for “Institutional Trading Platform” in Regulation.
The Plastic Waste Management Amendment Rules, 2021
The Plastic Waste Management Amendment Rules, 2021, have been notified by the Ministry of Environment, Forest and Climate Change, which outlaws single-use plastic items with poor usefulness and high littering potential by 2022. In addition, the rules stipulate how Extended Producer Responsibility will be put into action.
Boiler Accident Inquiry Rules, 2021
Boiler Accident Inquiry Rules, 2021, have been issued by the Central Government. A preliminary investigation will be conducted in the state where the accident happened if a boiler or boiler component is reported to have been damaged.
Constitution (One Hundred and Fifth Amendment) Act, 2021
The President has signed into law the Constitution (One Hundred and Fifth Amendment) Act, 2021, which allows States to identify SEBCs.
Code on Wages (Gujarat), 2021
An official announcement dated October 5, 2021, from the Gujarat government states that the Code of Wages (Gujarat) Rules, 2021 has been issued. Both the Payment of Wages (Procedure) Rules of 1937 and the Gujarat Payment of Wages Rules of 1963 will be repealed under the new code.
Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021
The Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021, state legislation mandates a rent authority and a rent tribunal set up to oversee rental properties, safeguard the rights of both landlords and tenants, and resolve conflicts as quickly as possible.
Essential Defence Services Act, 2021
The Critical Defense Services Act, 2021, gives the federal government the authority to prevent strikes, lockouts, and layoffs in units providing essential defence services.
Securities and Exchange Board of India (Merchant Bankers) (Amendment) Regulations, 2021
According to the SEC, the Securities and Exchange Board of India has issued the Securities and Exchange Board of India (Merchant Bankers) (Amendment) Regulations, 2021. Every merchant banker acting as an underwriter must now engage in an agreement with each corporation on whose behalf they are acting as underwriters, according to the new amendment.
Adoption (Amendment) Regulations, 2021
An amendment to the Adoption (Amendment) Regulations of 2021 has been issued to make inter-country adoptions more convenient for families.
Dam Safety Act, 2021
The Rajya Sabha on 2nd December 2021 passed the landmark Dam Safety Bill (2019), paving the way for the enactment of the Dam Safety Act in the country. The Union Minister of Jal Shakti Shri Gajendra Singh Shekhawat had introduced the bill in Rajya Sabha on 1st December 2021. The Dam Safety Bill (2019) was passed by the Lok Sabha on 2nd August 2019.
Securities and Exchange Board of India (Annual Report) Rules, 2021
SEBI (Annual Report) Rules, 2021, have been issued by the Ministry of Finance. SEC has to provide a report to the government detailing its operations, policies, and programmes for the previous fiscal year in compliance with the rules.
Assisted Reproductive Technology (Regulation) Act, 2021
Assisted Reproductive Technology (Regulation) Act, 2021 was signed into law on December 18, 2021, by the Parliament. Reproductive technology clinics and assisted reproductive technology banks are regulated by the Act to ensure safe and ethical practise of assisted reproductive technology services in order to address infertility or disease or social or medical concerns that necessitate the preservation of gametes, embryos, and embryonic tissues for future use.
SEBI (Delisting of Equity Shares) Regulations, 2021
According to the SEBI (Securities and Exchange Board of India) Regulations, 2021, equity shares can be delisted from the stock market. Equity shares, including those with superior voting rights, can be delisted by the Regulations from all or any of the stock exchanges where they are listed.
Surrogacy (Regulation) Act, 2021
For the purpose of regulating surrogacy and establishing a National Assisted Reproductive Technology and Surrogacy Board as well as state-level boards, President 2021 signed into law the Surrogacy (Regulation) Act, 2021 on 25th December.
Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2021.
Amending the Companies (Compromises, Arrangements, and Amalgamations) Rules, 2016, the Companies (Compromise, Arrangements, and Amalgamations) Amendment Rules, 2021 went into effect on February 1, 2021. It adds a new section under Section 233 of the Act that allows for a merger or amalgamation of certain entities under Section 25 of the Act.
Bar Council of India Legal Education (Post-Graduate, Doctoral, Executive, Vocational, Clinical and other Continuing Education) Rules, 2020
The BCI has issued a new Legal Education Policy, which eliminates the 1-year LL.M. and prescribes a PG Common Entrance Test in Law for admission to LL.M. programmes.
Andhra Pradesh Electricity Regulatory Commission (Licensees’ Standard of Performance) Third Amendment Regulation, 2021
On 4th June 2021, the regulation took effect. Schedule II of Principal Regulation 4 of 2004 (as amended from time to time) was affected by the amendment in the following ways:
- The licensee is obligated to pay the compensation amount to the consumers who have filed a complaint.
- Within 30 days of the licensee violating the service standard, customers must contact the senior officer authorised by the licensee to file a claim for non-compliance.
- The same officer will be in charge of keeping tabs on compliance and reporting to the commission on a regular basis.
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