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TRAI Open House Consultation on Regulatory Framework for Over the Top (OTT) Communication Services on 24th April 2019, Bangalore

Dear Members, Pursuant to the Consultation Paper on Regulatory Framework for Over the Top (OTT) Communication Services published by Telecom Regulatory Authority of India (TRAI) earlier this year, the telecom regulator is now holding a open house discussion in Bangalore on 24th April 2019 to understand stakeholders view. For those interested in participating can register themselves here https://main.trai.gov.in/online-registration?id=97165  . NASSCOM had previously shared its feedback to TRAI on this matter. The same can be accessed from here Regards Policy Team

Impact of Supreme Court’s recent ruling on ‘basic wages’ for computation of PF contributions

The Hon’ble Supreme Court of India (“SC”) in its judgment dated February 28, 2019 has altered the long understood legal position relating to ‘basic wages’ for computing provident fund (“PF”) contributions under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”).[1] NASSCOM understands that organisations across the country have been following the practice of excluding certain allowances from the basic wages for the purposes of computation of PF contributions. This has been in conformity with the broadly understood position of the law. While there was an attempt to clarify this matter by the Employees Provident Fund Organisation’s (“EPFO”), through its circular dated November 20, 2012 (“PF Circular”), this PF Circular was subsequently withdrawn vide another cir...

Seeking Inputs: TRAI Consultation Paper on Review of Terms and Conditions for registration of Other Service Providers (OSPs)

Dear All, The Telecom Regularity Authority of India  (TRAI) has recently published a consultation paper on registration of Other Service Providers (OSPs). The consultation paper aims to obtain views from the stakeholders on the review of the current OSP registration mechanism and its associated requirements including definition of application services, documentation requirement, interconnectivity, work from home provisions etc. NASSCOM over the years has been advocating  for the need to relook at the current OSP registration framework in the light of changing technological landscape and business requirements. We are hopeful that this consultation process will help in addressing the industry long pending asks. The last date for sending comments to TRAI is 29th April 2019 and for counter com...

Presentation: Webinar on Recent Supreme Court Ruling on Basic Wages for the Purpose of PF Contributions , March 19th 2019

This presentation is based on Webinar on Recent Supreme Court Ruling on Basic Wages for the Purpose of PF Contributions that was held yesterday.    

Policy Update: Supreme Court ruling on Basic Wage for the purpose of PF Contribution

Ruling: The SC has in its judgement dated February 28, 2019 ruled that only allowances which are variable in nature or which are not paid to workers across the board or category, could be excluded from the definition of ‘basic wages’ for the purpose of PF contribution. Merely separating the allowances into different names and keeping them out of the basic wage and dearness allowance in the wage breakup, would not result in exclusion of such wages for the purpose of determining the amount of PF contribution. The ruling sets aside the ambiguities in the law to now give certainty to what qualifies as basic wages for the purpose of deducting PF contribution. The present ruling is on cases going back to 2011. New: The ruling is not completely new. It in-fact reiterates some of the rulings of a ...

NASSCOM-DSCI Feedback on the Draft Information Technology [Intermediary Guidelines (Amendment)] Rules, 2018

NASSCOM has submitted its feedback to the Ministry of Electronics and Information Technology (MeitY) in response to its invitation dated December 24, 2018. Earlier we released a policy brief raising some discussion points on the proposed draft Rules. Given below are the overall observations in our feedback. The detailed feedback is also attached below. In terms of our approach, given the numerous seminal judgments, orders and guidance from various courts since the Intermediary Guidelines 2011 were first introduced, we believe that a holistic relook at the entire Intermediary Guidelines 2011 is required. Therefore, we have not restricted our comments / suggestions to the Draft Rules alone but have also provided our comments on the Intermediary Guidelines 2011 as a whole. We have split our r...

Upcoming industry consultation for development of technological platform of CPC TDS by Income Tax Department

The Central Processing Cell (CPC) – TDS, Directorate of Systems, Income Tax Department is in the process of designing future architecture and business processes for the next phase (2019-24) of CPC (TDS) which will serve the department and taxpayers up to 2026-2028. As a background,  CPC TDS is a comprehensive platform set up by the department as ‘one stop shop’ for compliance, processing and administration of withholding tax regime in India. It was first set up in 2012 and is about to be renewed with a new Managed Service Provider (MSP) which will design, develop and run the new platform.   For undertaking this task, the department envisages automation of remaining manual processes enabled with exponential technologies such as Robotic Process Automation (IPA), Artificial Intelligence...

NASSCOM’s Response to TRAI’s Consultation Paper on Regulation of OTT Communication Services

TRAI released the Consultation Paper on Regulatory Framework for Over-The-Top (OTT) communication Services (hereinafter ‘Consultation Paper’) on 12.11.18. The Consultation Paper seeks to understand whether there is a regulatory imbalance with respect to OTT communication services and services offered by Telecom Service Providers (TSPs). TRAI sought public comments on the Consultation Paper by 07.01.2019. The date for submission of counter comments is 21.01.2019. A brief analysis of the Consultation Paper along with NASSCOM’s response is given below. Consultation Paper The scope of the Consultation Paper is limited to regulatory issues and economic concerns pertaining to such OTT services which can be regarded same as or similar to the services provided by TSPs. The Consultation Paper clari...

Policy Submission: NASSCOM comments on strengthening the Competition Law

Dear Members, The Government of India earlier this year constituted a Competition Law Review Committee under the Chairmanship of Secretary, Ministry of Corporate Affairs, to review the Competition Act, 2002 (Act) with the following terms of reference: To review the Competition Act/ Rules/ Regulations, in view of changing business environment and bring necessary changes, if required; To look into international best practices in the competition fields, especially anti-trust laws, merger guidelines and handling cross border competition issues; To study other regulatory regimes/ institutional mechanisms/ government policies which overlap with the Competition Act; Any other matters related to competition issue and considered necessary by the Committee.   Given Competition is critical piece...

Seeking Inputs to improve Competition Act, 2002

Dear Members, As you may be aware, the Government earlier this year constituted a Competition Law Review Committee under the Chairmanship of Secretary, Ministry of Corporate Affairs, to review the Competition Act, 2002 (Act) with the following terms of reference: To review the Competition Act/ Rules/ Regulations, in view of changing business environment and bring necessary changes, if required; To look into international best practices in the competition fields, especially anti-trust laws, merger guidelines and handling cross border competition issues; To study other regulatory regimes/ institutional mechanisms/ government policies which overlap with the Competition Act; Any other matters related to competition issue and considered necessary by the Committee. Given Competition is critical ...

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