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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 ...

Circular regarding implementation of eSANCHIT in exports

Circular No. 43/2018-Custom dated 08 November 2018 has been issued in relation to implementation of paperless processing facility under SWIFT-uploading of supporting documents (eSANCHIT) in export. Summary of key provisions is provided below: A. Procedure for uploading the documents The procedure for eSANCHIT in exports is similar to the one prescribed for eSANCHIT in imports.   The supporting documents is to be uploaded in the ICEGATE by using the login credentials of the authorised person. The step-by-step procedure for uploading the supporting documents is provided on the ICEGATE website.  Further a facility to access and view the documents uploaded is also provided on ICEGATE.   In case the authorized person seeks to provide a document after the generation of the Shipping Bill number, ...

Seeking Inputs: TRAI Consultation Paper on Regulatory Framework for Over-The-Top (OTT) communication Services

Dear All,   TRAI has released a consultation paper on the regulatory framework  for Over the Top (OTT) communication Services .   The last date for sending comments is 10th December, we shall be grateful if you could share your feedback /inputs with us latest by 30th November, for us to make a timely submission.  Kindly send your inputs at policyquery@nasscom.in   Link to the consultation paper: https://www.trai.gov.in/sites/default/files/CPOTT12112018_0.pdf   We look forward to your response. Policy Team

Inputs invited on discussion paper on relaxed norms for startup listing proposals by SEBI

The Securities and Exchange Board of India (SEBI) has proposed to tweak listing norms for start-ups, in an attempt to make it more attractive for companies in sectors like e-commerce, data analytics and bio-technology. SEBI has mooted changes to the framework of Institutional Trading Platform (ITP), which has not seen much traction from 2015.   Some of the noteworthy proposals are listed below:   It has been proposed to reduce the minimum trading lot size to Rs 2 lakh from the existing Rs 10 lakh and lock-in of 6 months for all categories of pre-IPO public shareholders, unlike the current rule which exempts private equity funds from lock-in. The minimum number of allottees has also been proposed to be reduced to 50 from the existing 200. It has proposed to remove minimum reservation of all...

NASSCOM webinar – Insights on sector recommendations for Union budget 2019

NASSCOM organised a webinar on October 12, 2018 for its members to share key recommendations for Union Budget 2019. The objective of the webinar was to discuss and deliberate on the issues to be taken up this year with the Finance Ministry for the pre-budget memorandum 2019. The presentation can be accessed in attachment. 

NASSCOM-DSCI submission on PDP Bill 2018

  NASSCOM-DSCI has been advocating for a healthy balance between privacy and innovation, given that India is today emerging as a preferred hub for innovation and STEM talent globally. From an economic perspective, studies have concluded that the protection of privacy and personal data should be strengthened for solving serious market failure problems in regard to privacy. The resultant law, regulations and codes of practices should address these failures without impeding on innovation, ease of doing business and the many future opportunities of the digital economy. We have provided detailed feedback to the Government for developing a personal data protection law that is suitable for India.  

Tax Collected at Source on E-commerce companies – relevant notifications and FAQs

The Tax collected at source provision becomes effective on E-commerce companies from October 2018. Please find attached the relevant notifications pertaining to TCS provision effective from October 2018. The GST council has also issued the attached FAQ on TCS. A summary of the key clarifications provided in the FAQ is as below: A. Registration   Mandatory registration and threshold exemption: Every e-commerce operator and the person supplying through e-commerce operator is required to obtain compulsory registration irrespective of the value of his supply.     State-wise registration: An e-commerce operator is required to obtain separate registration for TCS in every State/ UT.  Registration mandatory for an e-commerce operator in each state but presence is not mandatory.  Registration can ...

Policy Submission: NASSCOM Feedback on the Draft Karnataka Maternity Benefits (Amendment) Rules 2018

Dear Members, The Government of Karnataka last month published the draft Maternity Benefits (Amendment) Rules 2018 relating to the Creche facility. The rules are applicable to every commercial establishment in Karnataka with 50 or more employees. NASSCOM earlier sought responses from the industry and submitted its feedback (as attached) to the Government highlighting the industry concerns on provisions related to requirement of setting up Creche facilities on Ground floor, distance criteria, open air playground, multiple Crèche facilities etc.  A copy of our submission is attached for your kind reference.   Kindly write to us at policyquery@nasscom.in should you require any further information / clarification. Draft Rules can be accessed from here:  http://labour.kar.nic.in/labour/Meternit...