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2 September 2025

AKP Corporate & Compliance Digest September 01, 2025

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The government of Jharkhand has notified the Factories (Jharkhand Amendment) Act, 2025, which amends the Factories Act, 1948, specifically for the state of Jharkhand...
India Corporate/Commercial Law

We are delighted to share this week's AKP Corporate & Compliance Weekly Digest. Please feel free to write to us with your feedback at info@akandpartners.in.

1. Labour Law

1.1. Government of Jharkhand notifies Factories (Jharkhand Amendment Act), 2025

The government of Jharkhand has notified the Factories (Jharkhand Amendment) Act, 2025, which amends the Factories Act, 1948, specifically for the state of Jharkhand, allowing female workers to be employed in factories with their consent between 7:00 p.m. and 6:00 a.m. This amendment replaces the previous restriction that prohibited women's employment between 10:00 p.m. and 5:00 a.m. The state government may prescribe conditions related to safety, holidays, and working hours that employers must follow to extend work hours for women workers while ensuring their consent and protection. The Act was enacted upon publication in the Jharkhand Official Gazette in August 2025.

1.2. ESIC has issued a notification on the extension of medical benefits

Employees' State Insurance Corporation (ESIC) has issued a notification dated 20th August 2025, announcing the extension of medical benefits under Regulation 95-A of the Employees' State Insurance (General) Regulations, 1950. Effective from 1st August 2025, the medical benefit provisions will be extended to the families of insured persons across all areas of the Banda district in Uttar Pradesh. This is an administrative decision under the powers conferred by Section 46(2) of the Employees' State Insurance Act, 1948. It represents an expansion of existing benefits within the framework of the established law, rather than a fundamental change to the law itself.

1.3. The Ministry of Finance has issued a notification on an amendment to the Atal Pension Yojana

The Ministry of Finance, Department of Financial Services, issued a notification with Gazette ID. CG-DL-E-27082025-265739 dated August 27, 2025, amending the Atal Pension Yojana guidelines originally published on 16th October 2015. The amendment inserts a new paragraph 14 after paragraph 13, specifying that the detailed modalities of the exit process from the pension scheme will be defined by the Pension Fund Regulatory and Development Authority (“PFRDA”) in consultation with the Government.

2. Insurance

2.1. Ministry of Finance issues notification on draft amendments to Indian Insurance Companies (Foreign Investment) Rules, 2015

Ministry of Finance, Department of Financial Services, has issued a notification with Gazette ID CG-DL-E-29082025-265792, dated August 29, 2025, on draft rules proposing amendments to the Indian Insurance Companies (Foreign Investment) Rules, 2015, aiming to update and align them with the newer FEMA (Non-Debt Instrument) Rules, 2019. The changes include removing certain regulatory clauses, replacing the foreign investment cap reference from a fixed 74 per cent (seventy-four per cent) limit to the limit prescribed by the Insurance Act, 1938, and allowing foreign investment proposals under an automatic route subject to Insurance Regulatory and Development Authority of India (IRDAI) verification. These amendments simplify the regulatory framework for foreign investment in Indian insurance companies, making it more consistent with current regulations while maintaining oversight to ensure compliance with the Insurance Act.

3. Stamp Duty

3.1. Uttar Pradesh government announces extension of stamp duty exemption to veterans and disabled persons

The Uttar Pradesh government has announced that the stamp duty exemption previously given to women will now be extended to retired soldiers and widows. Based on positive experiences from five pilot districts, the government has directed that online payment will be mandatory in all districts for property registration above INR 20,000 (Indian Rupees Twenty Thousand only).

4. Stock Exchange

4.1. NSE issues circular on processing of waiver applications by the exchanges in case of commonly listed entities

The National Stock Exchange (“NSE”) circular dated August 26, 2025, outlines a streamlined process for handling waiver applications of SOP fines for companies listed on multiple stock exchanges. The policy aims to ensure uniformity, expedite processing, and reduce duplication, with a non-refundable processing fee of INR 10,000 (Indian Rupees Ten Thousand only) plus GST per application. Companies must submit detailed waiver applications only after achieving compliance and may request personal hearings. Review requests attract higher fees, and timelines for filing waiver requests are generally three months from the compliance date, with extensions considered only under exceptional circumstances. The circular applies to non-compliance fines under the Securities Exchange Board of India (“SEBI”) regulations and aims to improve regulatory efficiency for listed entities.

4.2. BSE releases notice on relaxation of timeline for submission of net worth certificate by Stock Brokers for margin trading facility

Bombay Stock Exchange (“BSE”) has issued a notice dated August 29, 2025, informing trading members about SEBI Circular No. SEBI/HO/MRD/MRD-PoD-2/P/CIR/2025/120 dated August 26, 2025, which allows stockbrokers to submit their net worth certificates required to offer margin trading facilities to clients. Trading members seeking clarification can contact the membership department via the provided email.

4.3. BSE has issued notice on updates for the implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967 updates

BSE has issued a notice regarding SEBI's communication on updates related to the implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967, highlighting amendments to 5 (five) entries in the United Nations Security Council's (UNSC) 1267/1989 ISIL (Da'esh) & Al-Qaida sanctions list. Trading members are advised to follow the prescribed procedures, scan all accounts to ensure none are linked to listed entities or individuals, and facilitate requests for delisting by forwarding them to the designated government officials and independent UN Ombudsperson.

4.4. BSE has issued a notice on the introduction of the pre-open session in the equity derivatives segment

BSE has issued a notice regarding the introduction of a Pre-Open Session for index and stock futures in the Equity Derivatives Segment starting Monday, December 08, 2025, as per SEBI Circular No. SEBI/HO/MRD/TPD-1/P/CIR/2025/79. There will be no changes to the exchange-traded instruments (ETI) application programming interface (API) or market data broadcast streams for this rollout. The existing message structures and field definitions used for the Equity Segment Pre-Open Session will also apply to the Equity Derivatives Segment.

4.5. BSE has issued a notice on mandatory compliance with the Rights of Persons with Disabilities Act, 2016, for all Regulated Entities

BSE has issued a notice referring to SEBI Circular No. SEBI/HO/ITD-1/ITD_VIAP/P/CIR/2025/111 dated July 31, 2025, and BSE Circular No. 20250806-17 dated August 06, 2025, regarding mandatory compliance with the Rights of Persons with Disabilities Act, 2016, and related rules. All trading members must submit confirmation of compliance specifically for point 5(1) of the SEBI circular by emailing membership.ops@bseindia.com on or before August 31, 2025.

5. Corporate Affairs

5.1. The Ministry of Corporate Affairs issues notification on the Companies (Incorporation) Second Amendment Rules, 2025

Ministry of Corporate Affairs (MCA), has issued a notification with Gazette ID SG-DL-E-22082025-265626 dated August 29, 2025, the Companies (Incorporation) Second Amendment Rules 2025. The rules will come into effect on 15th September 2025, and the Companies (Incorporation) Rules, 2014 will be amended by substituting the existing Form No. RD-1 with a revised version. The new Form RD-1 is used for filing applications to the Central Government (Regional Director) under various sections of the Companies Act, 2013, including name rectification, change in financial year, conversion of a public company into a private company, approval of schemes filed in Form CAA-11, and other purposes. The form also outlines the mandatory fields, declarations, and required attachments for filing these applications.

6. Information Technology

6.1. CERT-In issues a vulnerability note on EXL External Entity vulnerability in the Apache Tika PDF parser module

The Indian Computer Emergency Response Team (“CERT-In”) has issued a vulnerability note on a critical XML External Entity (XXE) vulnerability in Apache Tika's PDF parser module (versions 1.13 through 3.2.1). This flaw allows attackers to exploit the PDF parser by injecting a crafted XML Forms Architecture (XFA) file, potentially leading to unauthorised access to sensitive data or triggering Server-Side Request Forgery (SSRF) to make unauthorised requests to internal or external systems. The vulnerability poses a high risk to data confidentiality and internal system security. Organisations using Apache Tika are advised to upgrade to version 3.2.2 or later to mitigate this risk.

6.2. CERT-In issues a vulnerability note on multiple vulnerabilities in NetScaler ADC and Net Scaler Gateway

CERT-In has issued a vulnerability note on multiple high-severity vulnerabilities that have been identified in Citrix NetScaler ADC and NetScaler Gateway versions prior to 14.1-47.48, 13.1-59.22, 13.1-37.241-FIPS and NDcPP, and 12.1-55.330-FIPS and NDcPP. These vulnerabilities allow attackers to bypass security restrictions, execute remote code, or cause denial of service (“DoS”) on affected systems. The vulnerabilities stem from improper access control and flawed input handling, which are exploitable through specially crafted network requests. Organisations using these products are advised to apply the security updates provided by Citrix as detailed in their advisory (CTX694938) to mitigate risks of unauthorised data access and system compromise.

6.3. CERT-In issues a vulnerability note on multiple vulnerabilities in Microsoft Products

CERT-In has issued a vulnerability note on multiple high-severity vulnerabilities in various Microsoft products, including Microsoft Edge (Chromium-based), Windows Server Storage component, Windows Certificates component, MBT Transport driver, Microsoft PC Manager, and Azure Databricks. These vulnerabilities could allow attackers to execute arbitrary code, gain elevated privileges, spoof cryptographic signatures, or bypass access controls, potentially leading to system compromise, data exfiltration, ransomware attacks, or system instability. Users and IT administrators are advised to promptly apply the security updates provided by Microsoft as listed in the official Microsoft Security Response Center update guide to mitigate these risks.

6.4. CERT-In issues a vulnerability note on multiple vulnerabilities in Mozilla Products

CERT--In has issued a vulnerability note (CIVN-2025-0194) on August 26, 2025, regarding multiple high-risk vulnerabilities in Mozilla products, including Firefox, Firefox ESR, Firefox for iOS, Mozilla Focus, and Thunderbird. These vulnerabilities, present in versions prior to the latest security updates, could allow attackers to execute arbitrary code, bypass security restrictions, cause DoS or conduct spoofing attacks, leading to potential data theft or full system compromise. CERT-In urges all affected users to promptly apply the recommended updates from Mozilla to mitigate the risk.

6.5. CERT-In issues a vulnerability note on multiple vulnerabilities in Microsoft Products

CERT-In has issued a vulnerability note (CIVN-2025-0195) dated August 26, 2025, concerning multiple high-risk vulnerabilities in Microsoft products. These include Microsoft Edge (Chromium-based), Windows Server Storage, Certificates component, MBT Transport driver, PC Manager, and Azure Databricks. The vulnerabilities could allow attackers to execute arbitrary code, gain elevated privileges, spoof cryptographic signatures, or bypass access controls, leading to potential system compromise, data exfiltration, ransomware attacks, or crashes. CERT-In advises users and administrators to apply the latest security patches as per official Microsoft updates to mitigate risks.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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