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[LEGISLATION UPDATES]: Top stories relating to Online Gaming; Competition (Amendment) Act; BCI Circulars and more

legislation april 2023

MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

MeitY introduces provisions on Online Gaming vide IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023

The Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The definition of “online game” has been inserted which means that “a game that is offered on the Internet and is accessible by a user through a computer resource or an intermediary”.

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INDIA INTERNATIONAL ARBITRATION CENTRE

IIAC notifies International Arbitration Centre (Criteria for Admission to the panel of arbitrators) Regulations, 2023

On 31-3-2023, the India International Arbitration Centre (‘Centre’) notified the India International Arbitration Centre (Criteria for Admission to the panel of arbitrators) Regulations, 2023. The provisions came into force on 31-3-2023.

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MINISTRY OF HEALTH AND FAMILY WELFARE

MoHFW notifies Surrogacy Regulations, 2023 laying down the procedures for meetings of National Assisted Reproductive Technology and Surrogacy Board

On 5-4-2023, the Ministry of Health and Family Welfare notified the Surrogacy Regulations, 2023. The provisions came into force on 5-4-2023. For both National Assisted Reproductive Technology and Surrogacy Board and State Assisted Reproductive Technology and Surrogacy Board the conditions/ procedures for the meetings of Board have been specified in the Regulations

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MoHFW lays down manner of retrieving oocytes and placing embryos vide Assisted Reproductive Technology Regulations, 2023

On 5-4-2023, the Ministry of Health and Family Welfare notified the Assisted Reproductive Technology Regulations, 2023. The provisions came into force on 5-4-2023. Section 24 of Assisted Reproductive Technology (Regulation) Act, 2021 focuses on Duties of assisted reproductive technology clinics using human gametes and embryos.

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MINISTRY OF COMMUNICATIONS

DoT introduces Automatic Read Out Feature & Cell Broadcast Messages for Disaster Alerts in cell phones

On 10-4-2023, the Ministry of Communications notified the Indian Wireless Telegraphy (Cell Broadcasting Service for Disaster Alerts) Rules, 2023 introducing mandatory cell broadcast messages and automatic read out feature. The provisions came into force on 10-4-2023.

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MINISTRY OF LAW AND JUSTICE

Time limit for assessment of combinations reduced vide Competition (Amendment) Act, 2023

On 11-4-2023, the Ministry of Law and Justice notified the Competition (Amendment) Act, 2023 to amend the Competition Act, 2002. The definition of “party” has been inserted. It includes

“a consumer or an enterprise or a person or an information provider, or a consumer association or a trade association, or the Central Government or any State Government or any statutory authority, as the case may be, and shall include an enterprise or a person against whom any inquiry or proceeding is instituted; and any enterprise or person impleaded by the Commission to join the proceedings.”

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MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

MoRTH introduces Validity period of temporary registration for fully built motor vehicles converted to an adapted vehicle

On 13-4-2023, the Ministry of Road Transport and Highways notified the Central Motor Vehicles (Third Amendment) Rules, 2023 to amend the Central Motor Vehicles Rules, 1989. The provisions came into force on 13-4-2023. Rule 53-A relates to Application for temporary registration under which the application for temporary registration has to be made, either in the state in which the dealer is situated or in case of a purchased chassis on which the body has to be fabricated separately. Now, a new provision has been inserted whereby an application for fully built motor vehicles which has to be altered for conversion to an adapted vehicle will also be made under this provision, electronically on the Portal by the owner to any registering authority or any other authority prescribed by State Government, in Form 20.

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MoRTH issues All India Tourist Vehicles (Permit) Rules, 2023

On 18-4-2023, the Ministry of Road Transport and Highways notified the All India Tourist Vehicles (Permit) Rules, 2023. The provisions will come into force on 1-5-2023.

Application for All India Tourist Permit (‘Permit’) will be granted only to a tourist vehicle (‘vehicles’) of tourist vehicle operator.

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BAR COUNCIL OF DELHI

Bar Council of Delhi makes it mandatory for the Law Graduates willing to enrol to be a resident of Delhi/ NCR

On 13-4-2023, the Bar Council of Delhi (‘Council’) issued a circular for the Law Graduates directing them to attach the copy of Aadhaar Card and Voter ID cards registered at their Delhi/NCR address, along with their respective Enrolment Applications.

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MINISTRY OF CORPORATE AFFAIRS

Application for removal of company’s name to be made to Registrar C-PACE

On 17-4-2023, the Ministry of Corporate Affairs notified the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2023 to amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. The provisions will come into force on 1-5-2023.

Rule 4 (1) relating to Application for removal of name of company has been revised which says that an application for removal of name of company under Section 248 (2) will now be made to the Registrar, Centre for Processing Accelerated Corporate Exit in Form No. STK-2 with a fee amounting to Rs. 10,000.

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STATE AMENDMENTS

Tamil Nadu Government notifies Online Gaming Authority and Regulation of Online Games Rules, 2023

On 21-4-2023, the Government of Tamil Nadu notified the Tamil Nadu Online Gaming Authority and Regulation of Online Games Rules, 2023. The provisions came into force on 21-4-2023. Any person who wants to provide any service for the conduct of online game, having central management and control of the service in the State or every local online game provider who is providing any service for the conduct of any online game will have to make an Application for Certificate of Registration within 30 days from the grant of Registration Certificate to the Gaming Authority (‘Authority’) in Form I.

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FOREIGN LEGISLATIONS

NYC adopts Final Regulations on Use of AI in Hiring and Promotion

The New York City Department of Consumer and Worker Protection (DCWP) adopted its Final Rule to implement Local Law 144, which regulates the use of Automated Employment Decision Tools (‘AEDT’) to screen applicants or employees in the city. It will come into force with effect from 5-07-2023.

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Michigan Repeals Right to Work Law

On 24-03-2023, Michigan Governor Gretchen Whitmer signed the Bill for repealing the law on “right to work” which allowed workers to opt out of unions. The Law currently prohibits an individual from being required to do any of the following to obtain or continue employment: Refrain from or resign from membership in, affiliation with, or financial support of a labor organization.

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