This sections details principal legislations, key concepts, compliance requirements, and penalties for non-compliance to ensure safe and transparent operations.

1. Food Safety and Standards Act, 2006 (“Food Safety Act”) and Rules made thereunder (“Food Safety Laws”)

1.1 The Food Safety Act is the principal legislation governing and regulating the manufacture, storage, distribution, sale, and import of food across India, to ensure the availability of safe and wholesome food for human consumption and matters related thereto.

1.2 The key concepts under the Food Safety Laws that are relevant to understand the scope and applicability thereof are discussed below:

(a) Digital and Electronic Network: It means a network of computers, television channels, and any other internet application used in an automated manner such as web pages, extranets, mobiles, etc.

(b) Food: Any processed/ partially processed or unprocessed substance that is intended for human consumption including agricultural products, genetically modified or engineered food, infant food, packaging drinking water, alcoholic drinks, chewing gum, etc.

(c) Food Business: It means any entity carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, and sale of food or food ingredients.

(d) Food Business Operator (“FBO”): Any person or entity undertaking Food Business.

(e) E-Commerce: It means buying and selling goods and services over digital and electronic networks.

(f) E-Commerce FBO: It means any FBO carrying out Food Business through the medium of e-commerce.

(g) Marketplace-based model of E-Commerce FBO: It means providing an information technology platform by an E-Commerce FBO on a digital and electronic network to act as a facilitator between the buyer and seller/ brand owner/ manufacturer and provides support services to sellers/ brand owners/ product manufacturers.

(h) Micronutrients: They are essential dietary nutrients including vitamins, minerals or trace elements which are required in very small quantities. They are crucial for development, disease prevention and wellbeing of human beings.

1.3 The Food Safety Laws provide for the following key compliances in respect of food and food articles:

• (a) Registration / license for different kinds of food business activities i.e., manufacture, import, sale (wholesale, retail), storage, packaging, re-labelling, etc.

• (b) Labelling requirements for pre-packaged food articles.

• (c) Packaging requirements for the pre-packaged food articles.

• (d) Compliance with food safety standards prescribed for various food articles.

1.4 Contravention of the Food Safety Laws may lead to monetary penalty which ranges from INR 1,00,000 to INR 10,00,000 and imprisonment which ranges from 3 months to life imprisonment.

2. Legal Metrology Act, 2009 (“LM Act”) and rules made thereunder (“LM Laws”)

2.1 The LM Act is the principal legislation enacted for establishing and enforcing standards of weight and measures for goods that are sold or distributed by volume, weight, or measure.

2.2 The key concepts under the LM Laws that are relevant to understand the scope and applicability thereof are discussed below:

(a) Pre-packaged Commodity: It means a commodity that is placed in a sealed or unsealed package in a pre-determined quantity, without the purchaser being present there.

(b) E-commerce: It means buying and selling goods and services over digital and electronic networks.

(c) E-commerce entity: It means any entity conducting e-commerce business.

(d) Marketplace-based model of e-commerce: It means providing an information technology platform by an e-commerce entity on a digital and electronic network to act as a facilitator between buyer and seller.

(e) Dealer: It means a person who, or a firm that carries out the business of buying, selling, supplying, or distributing any commodity in a packaged form but does not include a manufacturer who manufactures any commodity that is sold or distributed in a packaged form except where such commodity is sold by such manufacturer to any other person other than a dealer.

(f) Packer: It means a person who, or a firm that pre-packs any commodity in units suitable for sale.

(g) Manufacturer: It means a person who or a firm which produces, makes, or manufactures such commodity and includes a person or firm which puts, or causes to be put, any mark on any packaged commodity, not produced, made, or manufactured by him or it, and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person or firm as the case may be.

(h) Retail sale: It means the sale, distribution, or delivery of a pre-packaged commodity through retail sales shops, agencies, or other instrumentalities for consumption by an individual or a group of individuals, or any other consumer.

2.3 The LM Laws provide for the following key compliances with respect to the pre-packaged commodities:

(a) Registration for manufacturer, packer, and/ or importers of pre-packaged commodities.

(b) Labelling and packaging requirements for the pre-packaged commodity.

2.4 Contravention of the LM Laws may lead to monetary penalty which ranges from INR 5,000 to INR 4,00,000 and imprisonment between 1 year and 5 years.

3. Bureau of Indian Standards Act, 1986 (“BIS Act”)

3.1 The BIS Act is a regulatory legislation enacted to regulate, through the Bureau of Indian Standards (“Bureau”), the standards of production and quality of various products being distributed in the national market.

3.2 The key concepts under the BIS Act and rules, regulations, notifications, orders, etc (“BIS Laws”) that are relevant to understand the scope and applicability thereof are discussed below:

(a) Conformity Assessment Scheme: It means a scheme relating to such goods, articles, processes, systems, or services as may be notified by the Bureau under Section 12 of the BIS Act.

(b) Manufacturer: It means a person responsible for designing and manufacturing any goods or articles.

(c) Person: It means a manufacturer, an importer, a distributor, retailer, seller or lessor of goods or articles, or provider of service, or any other person who uses or applies his name or trademark or any other distinctive mark on to goods or article or while providing a service, for any consideration or gives goods or article or provides service as prize or gift for commercial purposes including their representative and any person who is engaged in such activities, where the manufacturer, importer, distributor, retailer, seller, lessor or provider of service cannot be identified.

(d) Standard Mark: It means the mark specified by the Bureau, and includes a hallmark, to represent conformity of goods, articles, processes, systems, or services to a particular Indian standard or conformity to a standard, the mark of which has been established, adopted or recognized by the Bureau and is marked on the article or goods as a standard mark.

(e) License: It means a license granted under the BIS Act, to use a specified standard mark about any goods, article, process, system, or service, which conforms to a standard.

3.3 The BIS Laws provide for the following key compliances with respect to goods and services which are required to conform to a standard:

• (a) Obtaining license or certificate of conformity for the goods and / or services which have been notified to mandatorily conform to a standard.

• (b) Labelling requirements for the above stated goods.

3.4 Contravention of the BIS Laws may lead to monetary penalty which ranges from INR 1,00,000 to INR 5,00,000 and imprisonment between 1 year and 2 years.

4. Import and Export laws

4.1 The import and export of goods is governed by the Customs Act, 1962 (“Customs Act”) and Foreign Trade (Development and Regulation) Act, 1992 (“FTDR”) read with Foreign Trade Policy 2023 (“FTP 2023”) and Handbook of Procedures 2023 (“HBP 2023”).

FTDR Act

4.2 The FTDR Act is the principal legislation governing international trade in India. The FTDR Act and policies, notifications, trade notices, and circulars issued thereunder prescribe the prohibition, restrictions, or conditions with respect to the import and export of goods into/ out of India.

Customs Act

4.3 The Customs Act is the primary legislation, that provides for the imposition of various duty(ies) or tax(es) on the import of goods into and export out of India, at the rate specified under the First Schedule and Second Schedule to the Customs Tariff Act 1975 (“Tariff Act”) respectively, or any other law for the time being in force.

4.4 The key concepts under the FTDR Act and Customs Act read with the rules, regulations, notifications, orders, etc. made thereunder that are relevant to understanding the scope and applicability thereof are discussed below:

(a) Import / Importer: It means bringing goods into India from a place outside India. The term “importer” includes any owner or beneficial owner of the goods or any person holding himself out to be the importer.

(b) Export: It means taking goods out of India to a place outside India. The term “exporter”, in relation to any goods at any time between their entry for export and the time when they are exported, includes any owner, beneficial owner, or any person holding himself out to be the exporter.

(c) Goods: It includes vessels, aircraft and vehicles, stores, baggage, currency and negotiable instruments, and any other kind of movable property.

4.5 The Import and Export Laws provide for the following key compliances with respect to import and export of goods:

(a) Obtaining Import Export Code for importing and exporting goods in and out of India respectively.

(b) Filing of relevant documents for the purpose of importing and exporting goods.

(c) Requirements prescribed under the Import and Export policy pertaining to goods to be imported in or exported out of India.

4.6 Contravention of the FTDR Act and Customs Act may lead to monetary penalty of up to 5 times the value of goods and imprisonment which depends on the type of contravention.

5. Consumer Protection Act, 2019 (“CPA”)

5.1 The CPA aims to strengthen the rights of consumers and provide a more effective and transparent grievance redressal mechanism. It provides for establishment of various Consumer Commissions and Central Consumer Protection Authority (“CCPA”) to address, among other things, unfair trade practices, deficiency in services, misleading advertisements, unfair contracts and to protect consumers' rights.

5.2 The key concepts under the CPA that are relevant to understand the scope and applicability thereof are discussed below:

(a) Consumer: It means any person who buys any goods or services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment but does not include a person who obtains such goods or services for resale or for any commercial purpose.

(b) Defect: It means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product.

(c) Deficiency: It means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes: (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and (ii) deliberate withholding of relevant information by such person to the consumer.

(d) E-commerce: It means buying or selling of goods or services including digital products over digital or electronic network.

(e) Electronic Service Provider (“ESP”): It means a person who provides technologies or processes to enable a product seller to engage in advertising or selling goods or services to a consumer and includes any online marketplace or online auction sites.

(f) Misleading Advertisement: It means an advertisement, which: (i) falsely describes such product or service; (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; (iii) conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or (iv) deliberately conceals important information.

(g) Product Liability: It means the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto.

(h) Restrictive Trade Practice: It means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include: (i) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price; (ii) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent for buying, hiring or availing of other goods or services.

(i) Spurious Goods: It means such goods which are falsely claimed to be genuine.

(j) Unfair Contract: It means a contract between a manufacturer or trader or service provider on one hand, and a consumer on the other, having such terms which cause significant change in the rights of such consumer, including the following, namely: (i) requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; or (ii) imposing any penalty on the consumer, for the breach of contract thereof which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract; or (iii) refusing to accept early repayment of debts on payment of applicable penalty; or (iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or (v) permitting or has the effect of permitting one party to assign the contract to the detriment of the other party who is a consumer, without his consent; or (vi) imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage.

(k) Unfair Trade Practice: It means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice.

5.3 The CPA deals with the obligations of ESP, sellers, product service provider, manufacturers towards consumers.

5.4 Under the CPA, the Consumer Commissions have powers to pass various orders in the event of deficiency in service or unfair trade practice. Such powers are prescribed under Sections 39, 49 and 59 of CPA.

5.5 Under Section 72(1), any non-compliance with the orders of the Consumer Commissions may lead to a monetary penalty ranging from INR 25,000 to INR 1,00,000 and imprisonment which ranges from 1 month to 3 years.

5.6 Additionally, if the CCPA is satisfied on the basis of their investigation that there is sufficient evidence of violation of consumer rights or unfair trade practice, it may pass an order as may be necessary for, inter alia: (i) recalling of goods or withdrawal of services which are dangerous, hazardous or unsafe, (ii) reimbursement of the prices of goods or services so recalled to purchasers of such goods or services, and (iii) discontinuation of practices which are unfair and prejudicial to consumers’ interest.

5.7 Under Section 88, any non-compliance with CCPA directions may lead to a monetary penalty which may extend to INR 20,00,000 and imprisonment upto 6 months.

6. Consumer Protection (E-Commerce) Rules, 2020 (“E-Commerce Rules”)

6.1 The E-Commerce Rules, aim to ensure transparency, fairness, and accountability in the e-commerce industry. The E-Commerce Rules mandate that e-commerce platforms disclose clear information about the seller, product, pricing, and policies, and prevent false advertising and misleading claims.

6.2 The key concepts under the E-Commerce Rules that are relevant to understand the scope and applicability thereof are discussed below:

(a) E-commerce entity: It means any person who owns, operates or manages digital or electronic facility or platform for electronic commerce, but does not include a seller offering his goods or services for sale on a marketplace e-commerce entity.

(b) Platform: It means an online interface in the form of any software including a website or a part thereof and applications including mobile applications.

(c) Marketplace e-commerce entity: It means an e-commerce entity which provides an information technology platform on a digital or electronic network to facilitate transactions between buyers and sellers.

(d) Inventory e-commerce entity: It means an e-commerce entity which owns the inventory of goods or services and sells such goods or services directly to the consumers and shall include single brand retailers and multi-channel single brand retailers.

(e) Seller: It means the product seller as defined under the CPA and shall include any service provider. These are sellers listing their products on a Marketplace e-commerce entity.

6.3 The E-Commerce Rules provide for the compliances of each kind of E-commerce entity.

6.4 Contravention of the E-Commerce Rules will amount to deficiency in service and / or unfair trade practice under CPA.

7. Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (“Guidelines on Misleading Advertisements”)

7.1 The Guidelines on Misleading Advertisements have been issued by CCPA for prevention of any misleading advertisements and/ or endorsements for any misleading advertisements.

7.2 The key concepts under the Guidelines on Misleading Advertisements that are relevant to understand the scope and applicability thereof are discussed below:

(a) Advertiser: It means a person who designs, produces and publishes advertisements either by his own effort or by entrusting it to others in order to promote the sale of his goods, products or services and includes a manufacturer and service provider of such goods, products or services.

(b) Advertising agency: It means a person or an establishment providing services in designing and production of advertisements or other related services for a commission or fee.

(c) Bait advertisement: It means an advertisement in which goods, product or service is offered for sale at a low price to attract consumers.

(d) Surrogate advertisement: It means an advertisement for goods, product or service, whose advertising is otherwise prohibited or restricted by law, by circumventing such prohibition or restriction and portraying it to be an advertisement for other goods, product or service, the advertising of which is not prohibited or restricted by law.

7.3 The Guidelines on Misleading Advertisements provide for the conditions of advertising and the duties of manufacturer, service provider, advertiser and advertising agencies.

7.4 If the CCPA is satisfied that any advertisement is in violation of the Guidelines on Misleading Advertisements, then it can issue directions to discontinue such advertisement or to modify the same in exercise of its powers under Section 21(1) of CPA.

7.5 Further, under Section 21(2) and Section 89 of CPA, an entity engaged in false or misleading advertising may attract a monetary penalty of up to INR 10,00,000 and imprisonment extending to 2 years. Further, the monetary penalty and the imprisonment may extend to INR 50,00,000 and 5 years respectively for every subsequent contravention.

8. Guidelines for Prevention and Regulation of Dark Patterns, 2023 (“Guidelines on Dark Patterns”)

8.1 The Guidelines on Dark Patterns have been issued by CCPA to prevent and regulate dark patterns indulged into by various entities and platforms to ensure fairness and consumer protection.

8.2 The key concepts under the Guidelines on Dark Patterns that are relevant to understand the scope and applicability thereof are discussed below:

(a) Dark patterns: It means any practices or deceptive design pattern using user interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not intend or want to do, by subverting or impairing the consumer autonomy, decision making or choice, amounting to misleading advertisement or unfair trade practice or violation of consumer rights.

8.3 The Guidelines on Dark Patterns identify 13 types of dark patterns engaging in which amounts to deficiency in service and/ or unfair trade practice under CPA. The Guidelines on Dark Patterns also provide for the conditions of advertising goods or services offered by it to consumers.

8.4 The Guidelines on Dark Patterns have been made in furtherance of Guidelines for Misleading Advertisements and will attract the penalties/ punishment ascribed under the same.

9. Guidelines for Prevention and Regulation of Greenwashing or Misleading Environmental Claims, 2024 (“Greenwashing Guidelines”)

9.1 The Greenwashing Guidelines have been issued by CCPA to ensure that entities do not resort to misleading environmental claims so as to enable the consumer to make more informed decisions.

9.2 The key concepts under the Greenwashing Guidelines that are relevant to understand the scope and applicability thereof are discussed below:

(a) Environmental Claim: It means any representation in any form regarding: (i) any goods (either in its entirety or as a component), the manufacturing process, packaging, the manner of use of the goods, or its disposal; or (ii) any service (or any portion thereof) or the process involved in providing the service.

(b) Greenwashing: It means: (i) any deceptive or misleading practice, which includes concealing, omitting, or hiding relevant information, by exaggerating, making vague, false, or unsubstantiated environmental claims; (ii) use of misleading words, symbols, or imagery, placing emphasis on positive environmental aspects while downplaying or concealing harmful attributes. However, the same shall not include: (A) use of obvious hyperboles, puffery, or (B) the use of generic colour schemes or pictures; either not amounting to any deceptive or misleading practice, or (C) a company mission statement that is not specific to any product or service.

9.3 The Greenwashing Guidelines seeks transparency, verifiability, accuracy and accountability of representations made with respect to environmental claims and in this regard, requires, disclosure of information with respect to the environmental claims and also provides as to how and to what extent the disclosures have to be made.

9.4 These guidelines have been made in furtherance of Guidelines for Misleading Advertisements and thus will attract the penalties/ punishment ascribed under the same.

10. Guidelines for Prevention of Misleading Advertisement in Coaching Sector, 2024 (“Coaching Sector Guidelines”)

10.1 The Coaching Sector Guidelines have been issued by CCPA to ensure that there are no practices of misleading advertisements in coaching sector.

10.2 The key concepts under these guidelines that are relevant to understand the scope and applicability thereof are discussed below:

(a) Coaching: It includes academic support, imparting education, guidance, instructions, study programme or tuition or any other activity of similar nature but does not include counselling, sports, dance, theatre and other creative activities.

(b) Coaching centre: It includes a centre, established, run, or administered by any person(s) for providing coaching to more than fifty students.

10.3 The Coaching Sector Guidelines provide for the conditions of advertising services offered by Coaching centres to consumers.

10.4 An entity engaged in the business of running a coaching centre, whether it is running from an e-commerce platform or is providing services via its own online platform, will have to adhere to the Coaching Sector Guidelines.

10.5 These guidelines have been made in furtherance of Guidelines for Misleading Advertisements and thus will attract the penalties/ punishment ascribed under the same.

11. Data protection laws

11.1 The Information Technology Act 2000 (“IT Act”) read with Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011 (“SPDI Rules”) are the primary legislations in India governing data privacy and protection on a sector-neutral basis.

11.2 The key concepts under the IT Act and the SPDI Rules that are relevant to understanding the scope and applicability thereof are discussed below:

(a) Sensitive personal data or information (“SPDI”): Under Section 43-A of the IT Act and the SPDI Rules, personal information relating to the following have been designated as sensitive personal data or information: (i) password; (ii) financial information such as bank account or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; medical records and history; (v) biometric information; (vi) any detail relating to the above clauses as provided to the entity for providing service; and (vii) any of the information received under above clauses by the entity for processing, stored or processed under lawful contract or otherwise.

11.3 The SPDI Rules provide for certain obligations in relation to collection and processing of SPDI. To the extent the NPs will collect/handle personal data falling under the category of SPDI, it is required to be compliant with the obligations specified under the SPDI Rules.

11.4 Under Section 43A of the IT Act, an entity that is negligent in implementing and maintaining reasonable security practices and procedures for the protection of SPDI, and thereby causes wrongful loss or wrongful gain to any person, such entity may be required to pay damages by way of compensation to the person so affected. Such damages are legislatively uncapped and will be determined by competent courts on a case-to-case basis. Section 43A can only be triggered by the affected individual and instances of affected individuals invoking Section 43A appear to be scarce.

11.5 Additionally, please note that on 11 August 2023, India enacted the Digital Personal Data Protection Act 2023 (“DPDP Act”) as its first ever dedicated and comprehensive legislation on privacy and data protection. Although enacted, the DPDP Act is yet to be brought into force by the Government of India. Presently, the final rules under the DPDP Act are awaited. The DPDP Act will apply to processing of personal data collected from individuals within India if collected: (i) in digital form; and (ii) in non-digital form and digitized subsequently. Once the DPDP Act is enforced, all entities collecting, handling, or processing personal data will be required to comply with the obligations prescribed under the DPDP Act.

12. Compliances under IT Act and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (“IT Rules 2021”)

12.1 An intermediary as defined under Section 2(w) of the IT Act, with respect to an electronic record, means any person who “receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes”.

12.2 The key concepts under the IT Rules that are relevant to understanding the scope and applicability thereof are discussed below:

(a) Online gaming intermediary: It means any intermediary that enables the users of its computer resource to access one or more online games.

(b) Online real money game: It means an online game where a user makes a deposit in cash or kind with the expectation of earning winnings on that deposit.

(c) Permissible online game: It means a permissible online real money game or any other online game that is not an online real money game.

(d) Permissible online real money game: It means an online real money game verified by an online gaming self-regulatory body under Rule 4-A of the IT Rules 2021.

(e) Social media intermediary: It means an intermediary which primarily or solely enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using its services.

(f) Significant social media intermediary: It means social media intermediaries having more than 50,00,000 (Fifty lakh) registered users in India.

12.3 The IT Rules 2021 prescribe the due diligence obligations for intermediaries.

12.4 Non-compliance with the provisions of IT Rules 2021 may disqualify the intermediary from seeking exemption from liability as set out under Section 79 of the IT Act. The intermediary may also be liable for punishment under any law including the IT Act and Bharatiya Nyaya Sanhita 2023.

13. Drugs, cosmetics and medical devices laws

13.1 The Drugs and Cosmetics Act 1940 (“Drugs Act”), Drugs Rules 1945 (“Drugs Rules”), Cosmetics Rules 2020 (“Cosmetics Rules”) and Medical Devices Rules 2017 (“Medical Devices Rules”) were notified to regulate the manufacture, import, sale and distribution of drugs, cosmetics and medical devices in India, ensuring the safety, efficacy, and quality of drugs, cosmetics and medical devices.

13.2 The key concepts under the Drugs Act, Drugs Rules, Cosmetics Rules and the Medical Devices Rules that are relevant to understanding the scope and applicability thereof are discussed below:

(a) Board: It means the drugs technical advisory board constituted under the Drugs Act.

(b) Drug: It means and includes: (i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes; (ii) such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette; (iii) all substances intended for use as components of a drug including empty gelatin capsules; and (iv) such devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette, after consultation with the Board.

(c) Cosmetics: It means and includes any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic.

(d) Medical device: It means: (i) substances used for in vitro diagnosis and surgical dressings, surgical bandages, surgical staples, surgical sutures, ligatures, blood and blood component collection bag with or without anticoagulant; (ii) substances including mechanical contraceptives (condoms, intrauterine devices, tubal rings), disinfectants and insecticides notified in the Official Gazette; and (iii) devices notified from time to time under the Drugs Act.

13.3 The Drugs Act, Drugs Rules, Cosmetics Rules and the Medical Devices Rules provide for certain obligations in relation to manufacture, import, sale and distribution of drugs, cosmetics and medical devices in India.

13.4 Non-compliance with the provisions of the Drugs Act, shall be punishable with fine ranging between INR 500 to INR 10,00,000 and with imprisonment for a term which shall not be less than 3 years but which may extend to life imprisonment.

14. Pharmacy Act 1948 (“Pharmacy Act”)

14.1 The Pharmacy Act lays down comprehensive provisions for the education, practice, and registration of pharmacists, ensuring that only qualified individuals practice pharmacy.

14.2 The key concepts under the Pharmacy Act that are relevant to understanding the scope and applicability thereof are discussed below:

(a) Medical Practitioner: It means a person: (i) holding a qualification granted by an authority specified or notified under the Indian Medical Degrees Act 1916, or specified in the Schedules to the Indian Medical Council Act 1956; or (ii) registered or eligible for registration in a medical register of a State meant for the registration of persons practising the modern scientific system of medicine; or (iii) registered in a medical register of a State, who, although not falling within sub-clause (i) or sub-clause (ii) is declared by a general or special order made by the State Government in this behalf as a person practising the modern scientific system of medicine for the purposes of the Pharmacy Act; or (iv) registered or eligible for registration in the register of dentists for a State under the Dentists Act 1948; or (v) who is engaged in the practice of veterinary medicine and who possesses qualifications approved by the State Government.

(b) Registered Pharmacist: It means a person whose name is for the time being entered in the register of the State in which he is for the time being residing or carrying on his profession or business of pharmacy.

14.3 The Pharmacy Act provides for the licensing and other obligations applicable to the NPs operating a pharmacy.

14.4 Falsely claiming to be registered as a pharmacist, shall be punishable on first conviction with fine which may extend to INR 500 and on any subsequent conviction with imprisonment extending to 6 months or with fine not exceeding INR 1,000 or with both.

15. Lending Regulations

15.1 Lending through digital channels is governed by the regulations, circulars and notifications issued by the Reserve Bank of India (“RBI”) from time to time, including the Digital Lending Guidelines dated 2 September 2022 (“Digital Lending Guidelines”), the Master Direction- Reserve Bank of India (Non-Banking Financial Company – Scale Based Regulation) Directions, 2023 dated 19 October 2023 (“Scale Based Regulations”), Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by banks dated 3 November 2006 and Guidelines for Managing Risk in Outsourcing of Financial Services by Co-operative Banks dated 28 June 2021 (collectively the “Bank Outsourcing Guidelines”), Reserve Bank of India (Outsourcing of Information Technology Services) Directions, 2023 dated 10 April 2023 (“IT Outsourcing Master Directions”). The Reserve Bank of India Act, 1934 and Banking Regulation Act, 1949 prescribe the registration and licensing requirements for non-banking financial companies (“NBFCs”) and banks respectively.

Digital Lending Guidelines

15.2 The Digital Lending Guidelines apply to all banks and NBFCs offering loans through digital channels. The key concepts under the Digital Lending Guidelines that are relevant to understanding the scope and applicability thereof are discussed below:

(a) Digital Lending: It means a remote and automated lending process, largely by use of seamless digital technologies for customer acquisition, credit assessment, loan approval, disbursement, recovery, and associated customer service.

(b) Digital Lending Apps/Platforms (“DLAs”): It means a mobile and web-based applications with user interface that facilitate digital lending services. DLAs will include apps of the regulated entities (“REs”) as well as those operated by Lending Service Providers engaged by REs for extending any credit facilitation services in conformity with extant outsourcing guidelines issued by the Reserve Bank of India.

(c) Lending Service Provider (“LSP”): It means an agent of an RE who carries out one or more of lender’s functions or part thereof in customer acquisition, underwriting support, pricing support, servicing, monitoring, recovery of specific loan or loan portfolio on behalf of REs in conformity with extant outsourcing guidelines issued by the Reserve Bank of India.

Compliance with Fair Practices Code

15.3 The RBI with a view to protect customers and improve transparency in the lending journey has introduced the ‘fair practices code’ to curtail activities on lending platforms that are viewed as non-standard and unfair such as charging exorbitant interest rates and penalties, non-transparent methods to calculate interest, harsh recovery measures, unauthorised use of personal data and harassment of customers by collection agents. The Scale Based Regulations as well as various notifications and circulars issued by the RBI from time to time such as the RBI circular titled ‘Fair Practices Code for Lenders – Charging of Interest’ dated 29 April 2024 prescribe practices and processes to be adopted by REs in relation to the lending business.

Guidelines on Outsourcing

15.4 The guidelines on outsourcing prescribe the guardrails to be followed by REs in the use of a third party to perform activities on a continuing basis that would normally be undertaken by the RE itself. REs are required to ensure certain compliances and contractual rights by the service providers to whom any function has been outsourced by the RE to ensure that there are no deficiencies in service for customers and the performance of such services by third parties do not materially affect the quality and security of the RE’s services.

KYC Master Directions

15.5 All REs must comply with the ‘Master Direction - Know Your Customer (KYC) Direction’, dated 25 February 2016 (“KYC Master Directions”) in relation to conducting KYC of customers for credit products and undertaking customer due diligence.

15.6 Non-adherence to the lending regulations set out above can incur penalties on the REs as prescribed under the Reserve Bank of India Act, 1934. Such penalties may range from INR 25,000 to INR 10,00,000 or twice the amount involved in such contravention, where such contravention is quantifiable.

16. Insurance Regulations

16.1 Insurance business in India is governed under the Insurance Act, 1938 (“Insurance Act”) and the various regulations, circulars and guidelines issued by the Insurance Regulatory and Development Authority of India (“IRDAI”) from time to time. Only registered insurers (“Insurers”) are permitted to issue insurance policies to customers in India, in various categories, viz. life, health, general, and composite. Further, insurance intermediaries involved in the sale, distribution and solicitation of insurance, such as insurance brokers (“Insurance Brokers”), corporate agents (“Corporate Agents”), and insurance web aggregators (“Insurance Web Aggregators”) are also required to be registered with the IRDAI.

(a) Insurance Broker: An insurance intermediary, who solicits and arranges insurance business for its clients with Insurers located in India and / or provides claims consultancy, risk management services or other similar services.

(b) Corporate Agent: A person authorised to undertake solicitation and servicing of insurance business for any of the specified category of life, general and health.

(c) Insurance Web Aggregator: is an insurance intermediary who maintains a website for providing interface to the insurance prospects for price comparison and information of products of different Insurers and other related matters.

16.2 The IRDAI (Insurance Brokers) Regulations, 2018 (“Insurance Broker Regulations”) governs registration and compliances applicable to Insurance Brokers. The IRDAI (Registration of Corporate Agent) Regulations, 2015 (“Corporate Agent Regulations”) prescribe the registration requirements and other compliances applicable to Corporate Agents. The IRDAI (Insurance Web Aggregators) Regulations, 2017 (“Web Aggregator Regulations”) governs the registration requirements and compliances applicable to Insurance Web Aggregators.

16.3 Apart from the above, the IRDAI issues guidelines, regulations and circulars applicable to Insurers and insurance intermediaries in general in respect of their insurance business. Such regulations, as relevant for insurance business through ONDC, govern aspects relating to sale and advertisement of insurance products, issuance of e-insurance policies, provision of customer information sheet, KYC of customers etc.

16.4 Carrying on insurance business without appropriate registration under the Insurance Act can attract penalty of up to INR 25,00,00,000 and imprisonment of up to 10 years. Non-adherence to certain stipulations regarding insurance business by Insurers can attract penalties of up to INR 25,00,00,000. Violation of regulations by the intermediaries of their respective regulations may attract penalties ranging from INR 1,00,000 to INR 1,00,00,000, depending on the nature of contravention.

17. Mutual Fund Regulations

17.1 Offering of investments in mutual funds is primarily governed by the regulations, circulars and code of conduct issued by the Securities and Exchange Board of India (“SEBI”) and the Association of Mutual Funds in India (“AMFI”), including the SEBI (Mutual Funds) Regulations, 1996 (“MF Regulations”), SEBI (Investment Advisers) Regulations, 2013 (“IA Regulations”), Securities and Exchange Board of India {KYC (Know Your Client) Registration Agency} Regulations, 2011 (“KYC Regulations”) Master Circular for Mutual Funds dated 27 June 2024 (“MF Master Circular”), Master Circular for Investment Advisers dated 21 May 2024 (“IA Master Circular”), Master Circular on Know Your Client (KYC) norms for the securities market (“KYC Master Circular”), Code of Conduct for Mutual Fund Distributors (“Code of Conduct for MFDs”), AMFI Guidelines for Category-1 EOPs (“EOP Guidelines”), Unified AMFI Guidelines for AMFI Registered Mutual Fund Advisor dated 18 July 2008 (“MFD Guidelines”) and other applicable circulars and guidelines. The MF Regulations, IA Regulations, MF Master Circular EOP Circular and MFD Guidelines prescribe the registration process and requirements for Mutual Funds, Investment Advisers (“IAs”), Execution Only Platforms (“EOPs”) and Mutual Fund Distributors (“MFDs”).

(a) MFD: An entity registered with AMFI that facilitates the buying, selling, and management of mutual funds on behalf of investors.

(b) IA: An entity registered with SEBI who is engaged in providing investment advice or execution / implementation services to its clients.

(c) EOPs: A digital platform which facilitates transactions such as subscription, redemption and switch transactions in direct plans of schemes of mutual funds.

MF Regulations and MF Master Circular

17.2 The MF Regulations and MF Master Circular applies to all Asset Management Companies (“AMCs”) offering mutual funds to investors either through digital means or through offline channels. These specify the requirements applicable to AMCs which inter alia include the disclosures and reporting norms, advertisements and the regulatory framework for EOPs.

IA Regulations and IA Master Circular

17.3 The IA Regulations and IA Master Circular are applicable to all registered IAs who engage in providing investment advice or implementation services to their clients. These inter alia provide the regulatory framework under which IAs may offer implementation / execution services (including in relation to mutual funds) for the purpose of implementing their investment advice.

EOP Guidelines

17.4 The MF Master Circular and AMFI Guidelines are applicable to all EOPs who are engaged in providing execution services to investors in relation to mutual funds. EOPs are categorised into two categories: (i) Category-1 EOPs which are registered with AMFI and act as an agent of AMCs’ (ii) Category-2 EOPs which obtain registration as a stock broker and act as an agent of the investors.

Code of Conduct for MFDs

17.5 The Code of Conduct for MFDs prescribed by AMFI applies to all MFDs registered with AMFI and details the operational guidelines and requirements which inter alia include obligations of the MFDs, disclosure requirements, infrastructure and client related obligations and record keeping requirements.

KYC Regulations and KYC Master Circulars

17.6 Before investors are allowed the option to invest in mutual funds, it must be ensured that their KYC process is completed in accordance with the KYC Regulations and KYC Master Circular and relevant details are uploaded by SEBI REs to the KYC Registration Agency (“KRA”).

17.7 Contravention of regulations set out above in relation to investment activities may attract penalties, which may range from INR 1,00,000 to INR 1,00,00,000.

18. Seeds Act 1968 (“Seeds Act”) read with Seeds Rules 1968 and the Seeds (Control) Order 1983

18.1 The Seeds Act read with its rules and the Seeds (Control) Order 1983 is the principal legislation governing and regulating the quality of seeds sold for agriculture. The Seeds Act aims to ensure that farmers get access to high-quality seeds, promote agricultural productivity, and prevent the sale of substandard seeds. The Seeds Act provides for the establishment of a Central Seed Committee (“CSC”), which is responsible for advising the Central and State Governments on matters arising from the administration of the Seeds Act.

18.2 The key concepts under the Seeds Act read with its rules that are relevant to understand the scope and applicability thereof are discussed below:

(a) Container: It means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in which any article or thing is placed or packed.

(b) Seeds: It means any of the following classes of seeds used for sowing or planting: (i) seeds of food crops including edible oil seeds and seeds of fruits and vegetables; (ii) cotton seeds; (iii) seeds of cattle fodder; (iv) jute seeds; and (v) includes seedlings, and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other vegetatively propagated material, of food crops or cattle fodder.

18.3 The Seeds Act along with the Seeds (Control) Order 1983 provides for the following key compliances in respect of seeds:

(a) Licensing of any person willing to carry on the business of selling, exporting or importing seeds.

(b) Certification of any seed of any notified kind or variety.

(c) Restriction on import of seeds.

(d) Marking and labelling of seeds.

18.4 Contravention of the Seeds Act, its rules and the Seeds (Control) Order 1983 may lead to monetary penalty which ranges from INR 500 to INR 1,000 and imprisonment which ranges up to 6 months.

19. State-Specific Animal Feeds Laws

19.1 Every state and union territory has its own set of acts, regulations which govern the quality, production, and sale of animal feeds. The compliance under such laws depends on state to state.

19.2 The common key concepts under the state-specific animal feeds acts that are relevant to understand the scope and applicability thereof are discussed below:

(a) Animal Feed: It includes any substance or product, including premixes, intended to be used for oral feeding to livestock.

(b) Manufacturer: It means a person or entity engaged in the production of animal feed.

(c) Distributor: It means a person or entity involved in the distribution of animal feed to various sellers or retailers.

(d) Retailer: It means a person or entity selling animal feed directly to the end consumer.

(e) Feed Additives: It includes any substance added to animal feed to enhance its nutritional value or preserve its quality.

19.3 These acts require licensing, packaging, labelling, quality control, and record-keeping to ensure the availability of safe and nutritious feed for livestock.

19.4 Contravention of the state-specific animal feeds acts may lead to monetary penalties which depends on state to state and ranges between INR 1,000 to INR 5,00,000 and imprisonment ranging from 6 months to 10 years, depending on the severity of the violation.

20. Pesticides Laws

Insecticide Act, 1968 (“Insecticides Act”), Insecticides Rules, 1971 (“Insecticides Rules”), the Pesticides (Prohibition) Order, 2018 and the Insecticides (Price, Stock Display and Submission of Reports) Order, 1986 (“Pesticides Laws”)

20.1 The Insecticides Act is the principal legislation governing and regulating the import, manufacture, sale, transport, distribution and use of pesticides with a view to prevent risk to human beings or animals to prevent risks to the health of human beings and animals.

20.2 The key concepts under the Pesticides Laws that are relevant to understand the scope and applicability thereof are discussed below:

• (a) Insecticides: The term “insecticides” has been defined to mean any substance which has been specified in the Schedule (List of Insecticides) to the Insecticides Act, or such other substance which has been notified by the Central Government or preparation containing any one or more of the said substances.

• (b) Licensing Officer: It means a licensing officer appointed by governments of respective states who inter alia issues the licenses to person desiring to manufacture, or to sell, stock or exhibit for sale or distribute any pesticides.

• (c) Registration Committee: It means the committee constituted by the Central government to inter alia register pesticides after their scrutinization and verifying claims made by the manufacturer or importer.

• (d) Manufacture: Any process involving the making, altering, finishing, packing, labelling, breaking up or treating or adopting any pesticides with the purpose of selling, distributing or using of pesticide (breaking and packing for retail sale is not covered hereunder).

20.3 The Pesticides Laws provide for the following key compliances in respect of pesticides:

• (a) Registration of pesticides for carrying out business activities, namely manufacture, import, sale (wholesale, retail), storage, packaging, etc.

• (b) Licensing of persons to manufacture or sell, stock or exhibit for sale or distribute any pesticide.

• (c) Labelling requirements for pesticide.

• (d) Packaging requirements for pesticides.

• (e) Compliance with respect to import, manufacture, sale, etc., prescribed for pesticides.

20.4 Contravention of the Pesticides Laws may lead to monetary penalties ranging from INR 500 to INR 75,000 and imprisonment up to 3 years, depending on the severity of the violation.

21. Fertilisers laws

Essential Commodities Act, 1955 (“Essential Commodities Act”) read with Fertiliser (Inorganic, Organic or Mixed) Control Order 1985 (“Fertilisers Control Order”) and Fertilisers (Movement) Control Order (“FMC Order”) (collectively, the “Fertilisers Laws”)

21.1 The Fertiliser Control Order and FMC Order issued by the Central Government under Essential Commodities Act, primarily govern and regulate the manufacturing, storage, distribution, sale, import, packaging and movement of fertilisers across India.

21.2 The key concepts under the Fertilisers Laws that are relevant to understand the scope and applicability thereof are discussed below:

(a) Fertiliser: It means an essential substance used to provide essential plant nutrients or beneficial elements or both for soil and crops. They are specified by the Central Government and are covered under Schedules to the Fertilisers Control Order. They include bio stimulant, nano fertilisers and organic carbon enhancers from Compressed Biogas plants.

(b) Mixture of Fertilisers: It means mixture of fertilisers made by physically mixing two or more fertilisers with or without inert material in physical or granular form.

(c) Special Mixture of Fertilisers: It means any mixture of fertilisers which is prepared for experimental purposes in pursuance of a requisition made by a third party.

(d) Bio-fertiliser: It means the products which consist of carrier based (solid or liquid) living micro-organisms which help with increasing the productivity of soil and/ or crops.

(e) Bio-stimulant: It means a substance or microorganism or a combination of both whose primary function is to stimulate the physiological processes in plants and to enhance the nutrition efficacy and crop quality.

(f) Dealer: It means a person who is carrying on the business of selling fertilisers, wholesale or retail or industrial use and includes a manufacturer, importer, pool handling agency and marketer.

(g) Industrial Dealer: It means a dealer who sells fertilisers for industrial purpose, i.e., for purposes other than fertilisation of soil and increasing productivity of crops.

(h) Pool Handling Agency: It is an agency entrusted by Central Government with the functions of handling and distribution of imported fertilisers.

(i) Controller: It means the person appointed by Central government who inter alia undertakes the registration of industrial dealers.

(j) Notified Authority: It is an authority appointed by government of respective states which inter alia issues the authorisation letter to sell the fertiliser.

(k) Registering Authority: It means the authority appointed government of respective states who inter alia issues the certificate of manufacture with respect to the mixture of fertilisers and special mixture of fertilisers.

(l) Certificate of Source: It is the certificate given by state government, commodity board, manufacturer, importer, pool handling agency indicating the source of fertiliser for the purpose of sale.

(m) Prescribed Standard: The following table enlists the standard set out for limits of permissible variation in concentration of fertilisers:

21.3 The Fertilisers laws provide for the following key compliances:

(a) Registration and authorisation for different dealers including industrial dealers.

(b) Certificate of manufacture issued for carrying on the business with respect to the mixture of fertilisers and special mixture of fertilisers.

(c) Labelling and packaging requirements for fertilisers.

(d) Disposal of fertilizers.

(e) Compliance with quality standards prescribed for fertilisers.

21.4 Contravention of the Fertilisers Laws may lead to imprisonment ranging between 3 months to 7 years along with fine, depending on the severity of the violation.

22. Mobility and Logistics related Laws

22.1 The mobility and logistics related laws are broadly governed by Motor Vehicles Act, 1988 (“MVA”), Carriage by Road Act, 2007 (“CBR”), Carriage by Air Act, 1972 (“CBA”), Carriage of Goods by Sea Act, 1925 (“CBS”), Multimodal Transportation of Goods Act, 1993 (“MMTG”), Motor Vehicles Aggregator Guidelines, 2020 (“MVAG”) and Online Travel Aggregator Guidelines, 2018 (“OTAG”).

Motor Vehicles Act, 1988 and Motor Vehicle Aggregator Guidelines, 2020

22.2 The MVA governs the regulation of motor vehicles, road safety, licensing, registration, and insurance. It aims to ensure safe and efficient movement of vehicles while establishing rules for driver behaviour, traffic management, penalties for offenses, and compensation for road accident victims. In 2020, the MVAG were introduced to regulate app-based ride-hailing services like Ola and Uber etc. These guidelines mandate aggregators to comply with vehicle safety standards, ensure fair pricing, protect driver and passenger rights, and provide a framework for insurance, licensing, and grievance redressal.

22.3 The Key Concepts identified under the MVA and MVAG are as follows:

(a) Aggregator: It means a digital intermediary or marketplace for a passenger to connect with a driver for the purpose of transportation.

(b) Fares: It includes sums payable for a season ticket or in respect of the hire of a contract carriage.

(c) Goods: It includes livestock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle.

(d) Goods Carriage: It means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods.

(e) Public Service Vehicle: It means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxi-cab, a motor-cab, contract carriage, and stage carriage.

(f) App: It means an electronic interface operated by the Aggregator or any third party on behalf of the Aggregator, which may be accessed either through a computer resource or a communication device.

(g) Driver: It means “includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle.

(h) Rider: It means a person who books a journey through the Aggregator App for availing the transportation provided by a Driver who is integrated with the Aggregator.

22.4 The MVA and the MVAG provide for the key compliances in respect of licensing requirements and other compliances that a NP is required to adhere to.

Carriage by Road Act, 2007 (CBR), Carriage by Air Act, 1972 (CBA), Carriage of Goods by Sea Act, 1925 (CBS), and Multimodal Transportation of Goods Act, 1993 (MMTG)

22.5 CBR governs the domestic transportation of goods by road. It establishes the rights and liabilities of common carriers and outlines the procedures for the carriage of goods, including the obligations of carriers and consignees. Under the CBR, carriers are authorized to sell goods in certain circumstances, such as when the consignee fails to take delivery after due notice.

22.6 CBA is an enactment which gives force of law to the Warsaw Convention for international carriage by air 1929 and the Montreal Convention for international carriage by air 1999 (both these conventions are incorporated as rules and annexed as Schedule I, II and III to CBA). These conventions govern the rights, liabilities and extent of compensation of air carrier in respect of international carriage of passengers, baggage and cargo by air and damages that may occur in such international carriage.

22.7 CBS is an enactment which gives force of law to a code of rules relating to bill of lading which was drawn up in Brussels at the International Conferences on Maritime Law in 1922 and 1923. These rules (annexed as Schedule to CBS) provide for responsibilities and liabilities of a carrier of goods by sea.

22.8 MMTG Act provides for regulation of transportation of goods by road, air, rail, inland waterways and sea, from any place in India to a place outside India, on the basis of a multimodal transport contract. This act is applicable when the carriage of goods is by at least two (2) different modes of transport under a multimodal transport contract, from the place of acceptance of the goods in India to a place of delivery of the goods outside India.

22.9 The key concepts identified under CBR, CBA, CBS and MMTG are as follows:

Under CBR

(a) Common carrier: It means a person engaged in the business of collecting, storing, forwarding or distributing goods to be carried by goods carriages under a goods receipt or transporting for hire of goods from place to place by motorised transport on road, for all persons undiscriminatingly and includes a goods booking company, contractor, agent, broker and courier agency engaged in the door-to-door transportation of documents, goods or articles utilising the services of a person, either directly or indirectly, to carry or accompany such documents, goods or articles, but does not include the Government.

(b) Consignment: It means documents, goods or articles entrusted by the consignor to the common carrier for carriage, the description or details of which are given in the goods forwarding note.

(c) Goods: It includes: (i) containers, pallets or similar articles of transport used to consolidate goods; and (ii) animals or livestock.

Under CBA

(d) International carriage: It means any carriage in which according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to the Convention.

Under CBS

(e) Carrier: It includes the owner or the charterer who enters into a contract of carriage with a shipper.

(f) Goods: It includes any property including live animals as well as containers, pallets or similar articles of transport or packaging supplied by the consignor, irrespective of whether such property is to be or is carried on or under deck.

(g) Carriage of goods: It covers the period from the time when the goods are loaded on to the time when they are discharged from the ship.

Under MMTG

(h) Carrier: It means a person who performs or undertakes to perform for hire, the carriage or part thereof, of goods by road, rail, inland waterways, sea or air.

(i) Goods: It means any property including live animals, containers, pallets or such other articles of transport or packaging supplied by the consignor, irrespective of whether such property is to be or is carried on or under the deck.

(j) Multimodal transportation: It means carriage of goods, by at least two different modes of transport under a multimodal transport contract, from the place of acceptance of the goods in India to a place of delivery of the goods outside India.

(k) Multimodal transport contract: It means a contract under which a multimodal transport operator undertakes to perform or procure the performance of multimodal transportation against payment of freight.

(l) Multimodal transport operator: It means any person who: (i) concludes a multimodal transport contract on his own behalf or through another person acting on his behalf; (ii) acts as principal, and not as an agent either of the consignor or consignee or of the carrier participating in the multimodal transportation, and who assumes responsibility for the performance of the said contract; and (iii) is registered under sub-section (3) of Section 4.

Online Travel Aggregator Guidelines, 2018 (“OTAG”)

22.10 OTAG provides for various guidelines to be followed by various Online Travel Aggregators (“OTA”) providing services as an intermediary or an agent selling travel products and services such as airlines, car rental, cruise lines, hotels or accommodation, railways and vacation packages on behalf of suppliers using the internet as a medium by establishing an online market-place and earn profits on the discounts commonly referred to as commission offered by the suppliers.

22.11 The following is the key concepts identified under the OTAG:

• (a) Online Travel Aggregator: It is an intermediary or an agent selling travel products and services such as airlines, car rental, cruise lines, hotels or accommodation, railways and vacation packages on behalf of suppliers using the internet as a medium by establishing an online market-place and earn profits on the discounts commonly referred to as commission offered by the suppliers.

23. RBI Master Directions on Prepaid Payment Instruments (“PPI Master Directions”)

23.1 The PPI Master Directions set out the key compliance requirements for issuance and operation of Prepaid Payment Instruments (“PPIs”), including gift card PPIs. Under the PPI Master Directions, banks need RBI approval and non-bank entities require RBI authorization to issue these instruments.

23.2 Gift PPIs are subject to specific restrictions, viz. they have a maximum value limit of INR 10,000 per instrument, cannot be reloaded, and does not permit cash-out, refunds, or fund transfers. KYC is required for purchasers of the gift PPI. Additionally, PPI issuers are required to maintain transaction logs for 10 years to adhere to anti-money laundering regulations.

23.3 These instruments must have a minimum validity of 1 year from its issuance / loading.

23.4 The PPI issuer’s name must be prominently displayed and all features of the gift PPI must be clearly communicated to holders. Two-factor authentication is not mandatory, and interoperability remains optional for gift PPIs.

23.5 Consumer protection measures include clear disclosure of terms and fees, a grievance redressal system with 48-hour response targets, and access to the RBI Integrated Ombudsman scheme.