Facebook Instagram Linkedin

Change in MSME definition

The Government has revised the basis for classification of micro, small and medium enterprises which shall come into effect from 01.07.2020 vide Notification No.S.O.1702(E) dated 01.06.2020. Government has also done away with separate classification for services and manufacturing sector. Further while deciding the classification, turnover will also be one of the criteria for the classification of the enterprises under the Micro, Small and Medium Enterprises Development Act, 2006.

Existing MSME criteria:

ClassificationMicroSmallMedium
ManufacturingInvestment less than Rs.25 lakhInvestment less than Rs.5 CroreInvestment less than Rs.10 Crore
ServiceInvestment less than Rs.10 lakhInvestment less than Rs.2 CroreInvestment less than Rs.5 Crore

Proposed criteria effective from 01.07.2020

ClassificationMicroSmallMedium
EnterpriseInvestment up to Rs.1 Crore and Turnover up to Rs.5 CroreInvestment up to Rs.10 Crore and Turnover up to Rs.50 CroreInvestment up to Rs.50 Crore and Turnover up to Rs.250 Crore

#msme

Leave a Reply

Your email address will not be published. Required fields are marked *

VLA is a corporate commercial law firm having offices in Goa, Mumbai, Delhi and Bhopal. VLA offers high quality legal services in all spheres of law.

Instagram Facebook Linkedin
Contact Info
  • B1/G3, Milroc Woods, Ella, I.E. Corlim, Old Goa, Goa - 403110
GET Direction
Useful Links
Practice Areas

© Copyright 2025 Vishnu Langawat & Associates. All right reserved. | Designed & Maintained by Re-Infotech

Disclaimer

The information and articles published on this website are provided for general information purposes only and are not intended to provide and should not be construed as legal advice on any subject matter. Further information should not be construed in any manner which creates attorney-client relationship, we at VLA of the view that attorney-client relationship builds on the basis of trust which has to be earned and never created by sharing information like this medium. Hence User of this website should not rely on the information and articles provided herein as legal advice on any subject matter for any purpose whatsoever and should always seek the legal advice from the lawyer, advocate or attorney of their respective jurisdiction. VLA expressly disclaims any and all responsibility and liability in respect to actions based on the information or articles available on this website. As per the Rules of Bar Council of India, advocates are not permitted to solicit work, hence by using of this website, User are agreeing and unequivocally acknowledging that there has not been any advertisement, solicitation, communication, invitation or inducement of any sort whatsoever from us or any of our core team members, associates, paralegal staff to solicit any work through this website. Further any email to this website and response thereto do not, in any way create attorney-client relationship, and User must have no expectation whatsoever that VLA shall maintain the confidentiality with respect to information in the email, if the information sent is in confidential in nature, please do not send the information in this website.

Accept All Reject All

Enquiry Now

Environment Laws

Environmental Law in India focuses on regulating the use of natural resources, preserving the environment, and ensuring sustainable development. The legal framework includes national and state-level statutes, regulations, and judicial decisions that aim to protect air, water, soil, and biodiversity. One of the significant pieces of legislation as far as environmental law is concerned is the Environment Protection Act 1986, which allows the government to control pollution and promote environmental conservation.

Other important laws are Water (Prevention and Control of Pollution) Act 1974 to prevent water pollution, the Air (Prevention and Control of Pollution) Act 1981 with objective to preserve air pollution, the Forest Conservation Act 1980 to conserve the forest and the Wildlife Protection Act 1972 to ensure conservation of wildlife and their habitats and the Biological Diversity Act, 2002 with objective to preserve the biodiversity of the nation.

Judiciary’s role in environment jurisprudence in India has been both pivotal and controversial, courts have been applauded as well as criticized, despite of this, courts have been instrumental in strengthening the environment protection by judicial intervention on policy, regulatory and on executive action.

book an appointment

Corporate Commercial Laws

Corporate and Commercial laws in India govern the operations of businesses, transactions, and the relationships between companies, their stakeholders, and the government. These laws ensure fair practices, transparency, and regulation of business activities.

Corporate Laws:

The primary law regulating corporate entities in India is the Companies Act, 2013, which outlines the process for incorporating a company, its governance, financial reporting, and dissolution. The Act also defines the roles and responsibilities of directors, shareholders, and auditors. Additionally, the Insolvency and Bankruptcy Code (IBC), 2016 addresses corporate insolvency and bankruptcy, facilitating the resolution of financial distress for companies.

Commercial Laws:

Commercial laws cover contracts, trade, and commerce. Key regulations include the Indian Contract Act, 1872, which governs business agreements, the Sale of Goods Act, 1930, and the Negotiable Instruments Act, 1881, which address commercial transactions involving goods and negotiable instruments like cheques.

The Competition Act, 2002 promotes fair competition and prevents anti-competitive practices in the market, while the Foreign Exchange Management Act (FEMA), 1999 regulates foreign trade and investment in India.

Together, corporate and commercial laws in India ensure a structured and legally compliant environment for businesses, promoting growth, protecting stakeholders, and fostering economic development.

Corporate Commercial Laws

book an appointment

Vishnu Langawat

B.Sc., LL.B., M.A. (International Relations)

Vishnu is a highly experienced corporate-cum-litigation lawyer with over 16 years of legal practice. Throughout his career, he has developed a well-rounded and versatile legalpractice, advising clients across multiple areas of law. His expertise spans Corporate & Commercial Law, Taxation Law, Intellectual Property Rights (IPR) protection and enforcement, as well as the Food and Alcoholic Beverages sector. Additionally, he provides General Criminal & Civil Litigation services, serving a diverse clientele that includes corporates, high-net-worth individuals, and small businesses. Vishnu also holds significant roles in high-profile legal matters, representing the Regional Office of the Employee Provident Fund Organisation (EPFO) in Goa before the Bombay High Court. He further serves as panel counsel for NBCC India Limited, a Government of India undertaking, for legal matters pertaining to the State of Goa. His extensive experience in both advisory and litigation matters has allowed him to build a reputation for providing practical, strategic, and effective legal solutions to clients in diverse industries.
Contact Us

Vivek Shrivastava

B.Com, CWA(Int.), LL.B.

Vivek is an experienced corporate lawyer with a strong foundation in finance, having started his professional journey in 1999. After completing his law degree, he ventured into the corporate sector, initially providing advisory services to listed and private limited companies. Over the years, he specialized in various areas of corporate law, establishing himself as a go-to expert in his field. Vivek’s practice focuses on complex legal issues related to Takeovers, Mergers & Acquisitions (M&A), Securities and Exchange Board of India (SEBI) regulations, the Real Estate (Regulation and Development) Act (RERA), the Companies Act, and compliance matters across various sectors. His expertise lies in navigating intricate legal frameworks, offering strategic guidance to corporate clients to ensure regulatory compliance and successful business transactions. Having built a reputation for providing practical and insightful legal counsel, Vivek has become a trusted advisor for corporate clients dealing with critical matters in the ever-evolving landscape of business law
Contact Us

Shruti Pai Raikar

LL.B. (Hon.)

Shruti is an experienced advocate practicing before the High Court of Bombay, Goa Bench, and the District Courts at Goa. With a focus on Family Law, Food & Beverage Law, and Intellectual Property (IP) Law, she has developed extensive experience and expertise in these specialized areas. Her practice includes offering legal counseling, providing legal opinions, and representing clients in various legal matters. Shruti is known for her thorough understanding of the nuances in these fields, offering both strategic and practical solutions to her clients. Whether dealing with sensitive family matters, advising businesses in the food and beverage industry, or navigating the complexities of intellectual property rights, Shruti provides a comprehensive range of legal services tailored to the clients’ needs.
Contact Us

Vishal Bhatnagar

B.A., LL.B. (Hon.)

Vishal is a practicing advocate with a strong presence before district courts in Delhi, Haryana, and Uttar Pradesh. He specializes in handling both Civil and Criminal Litigation, representing clients in various courts across Delhi. With his broad regional expertise, Vishal is adept at navigating the legal intricacies of multiple jurisdictions, offering strategic legal representation in a diverse range of cases. His practice involves managing complex legal matters, providing counsel, and ensuring effective legal solutions for the clients involved in civil and criminal disputes
Contact Us

Bharat Mishra

B.Com., LL.B. (Hon.)

Bharat is an advocate practicing before district courts in Mumbai, Thane, and the High Court of Bombay at Mumbai. He handles both Civil and Criminal Litigation matters for the firm, representing clients in various courts across the Mumbai region. In addition to his work in traditional courts, Bharat also has extensive experience in dealing with cases before specialized tribunals such as the National Company Law Tribunal (NCLT), Debt Recovery Tribunal (DRT), and other tribunals. His expertise in these areas allows him to manage a diverse portfolio of cases, providing effective legal representation and strategic counsel to clients facing complex legal issues.
Contact Us

K.R. Sinha

B.A. (Eco.), FCS, LL.B.

Mr. Sinha is a seasoned professional with over 35 years of experience and an impressive track record in both legal and financial matters. Throughout his distinguished career, he has gained extensive expertise in a wide range of legal and financial transactions. His experience includes structuring mergers, handling corporate sickness cases, conducting real estate searches, and managing the documentation and negotiation of various debt issues and credit facilities. In addition, Mr. Sinha has a strong background in project financing, providing strategic advice and support for the successful execution of large-scale financial projects. His deep knowledge and practical experience in these areas have allowed him to deliver exceptional results for clients, ensuring both legal compliance and financial success in complex transactions.
Contact Us

Banking & Financial Laws

Banking and Financial laws in India are essential to regulate the financial system, safeguard the interests of stakeholders, and ensure economic stability. These laws cover various aspects of banking, securities, insurance, and related sectors. We are practicing in this field and our team have a deep understanding of the laws, regulations, and mechanisms that govern financial institutions, markets, and transactions in India. Below is a summary of key banking and financial laws in India that are relevant:

  1. Reserve Bank of India (RBI) Act, 1934
  • This act establishes the Reserve Bank of India as the central banking authority in India.
  • It governs the functioning of the RBI, which regulates monetary policy, controls inflation, manages currency, and supervises financial institutions like banks.
  1. Banking Regulation Act, 1949
  • This act provides the legal framework for the regulation of banking in India, focusing on the establishment and operations of banks.
  • It sets guidelines on licensing, regulation of banking companies, audits, and control of non-performing assets (NPAs).
  1. Negotiable Instruments Act, 1881
  • This act deals with the laws governing negotiable instruments like promissory notes, bills of exchange, and cheques.
  • It establishes the framework for the transfer and enforcement of such instruments.
  1. The Securities and Exchange Board of India (SEBI) Act, 1992
  • SEBI is the regulatory body responsible for overseeing the securities and capital markets in India.
  • The act addresses market manipulation, insider trading, investor protection, and corporate governance, with a strong emphasis on compliance and regulatory filings.
  1. The Insolvency and Bankruptcy Code (IBC), 2016
  • The IBC provides a framework for the resolution of insolvency and bankruptcy proceedings for individuals, companies, and partnerships.
  • This is particularly relevant for banking and financial institutions involved in the recovery of bad debts and managing NPAs.
  1. Prevention of Money Laundering Act (PMLA), 2002
  • PMLA aims to prevent money laundering and the financing of terrorism.
  • Banks and financial institutions are required to have Anti-Money Laundering (AML) policies and comply with know-your-customer (KYC) norms.
  1. Foreign Exchange Management Act (FEMA), 1999
  • FEMA regulates foreign exchange transactions, foreign investments, and cross-border transactions.
  • international banking, foreign investments, and currency exchange are covered under this laws and one must ensure legal compliance in cross-border financial transactions.
  1. Consumer Protection Act, 2019
  • While not strictly a banking law, this act provides a legal framework for consumer protection in various sectors, including banking.
  • It addresses grievances related to banking services, such as incorrect charges, loan disputes, and financial products.
  1. The Payment and Settlement Systems Act, 2007
  • This law regulates the operation of payment and settlement systems in India, ensuring the smooth functioning of electronic transactions and online banking systems.
  1. Micro, Small and Medium Enterprises (MSME) Act, 2006
  • This act aims to promote the growth and development of MSMEs, which play a critical role in the financial ecosystem
  • One must understand the provisions for financial assistance, loans, and protection against delayed payments for MSMEs.

 

Our Role in Banking and Financial Sector:

Legal Drafting: Drafting loan agreements, terms and conditions, financial products, security documents, and compliance statements.

Dispute Resolution: Handling disputes related to cheque bouncing, loan defaults, financial frauds, and insolvency cases

Regulatory Compliance: Ensuring that one follows laws such as KYC, AML, and RBI regulations.

Litigation: Representing clients in legal proceedings before regulatory bodies like SEBI, RBI, NCLT, and consumer forums.

Mergers & Acquisitions: Assisting with corporate restructuring, handling due diligence, and ensuring compliance with banking laws during mergers and acquisitions.

book an appointment

Food & Beverage Laws

Food and Beverage Laws in India are a set of regulations designed to ensure the safety, quality, and proper labeling of food and drinks consumed by the public. These laws are crucial for protecting consumers, maintaining food standards, and regulating the industry. Read the simplified explanation of key food and beverage laws in India:

  1. Food Safety and Standards Act (FSS Act), 2006
  • The Food Safety and Standards Authority of India (FSSAI) was established under this law. The FSSAI is the main authority responsible for regulating food safety and ensuring that food products meet certain quality standards.
  • The FSS Act covers everything from food production, packaging, labeling, and advertising, to food imports and exports.
  • It sets standards for food hygiene, the use of food additives, preservatives, and chemicals, and even limits on pesticide residues in food.
  1. FSSAI Regulations and Standards
  • The FSSAI lays down detailed food safety standards for various categories of food, including dairy, meat, beverages, and packaged foods.
  • Food products must be tested and certified to meet these standards before being sold to consumers. These include:
    • Quality standards (e.g., permissible levels of salt, sugar, or fats).
    • Labeling requirements (such as nutritional information, manufacturing details, and expiry dates).
    • Packaging regulations (ensuring that packaging materials are safe for food).
  1. Consumer Protection Act, 2019
  • This Act provides legal protection for consumers against unfair trade practices, including misleading food advertisements, deceptive labeling, or unsafe food products.
  • Consumers have the right to file complaints against businesses that violate food safety laws.
  1. The Essential Commodities Act, 1955
  • This law allows the government to regulate the production, supply, and distribution of certain essential food items, such as grains, sugar, and edible oils, to ensure fair prices and prevent hoarding.
  • It is often invoked during food shortages or emergencies to maintain food security.
  1. The Agricultural and Processed Food Products Export Development Authority (APEDA) Act, 1985
  • APEDA regulates the export of food products, including fruits, vegetables, meat, and processed foods. It sets standards to ensure that exported food meets international quality requirements and health regulations.
  1. The Alcohol Laws
  • Alcoholic beverages in India are regulated by state governments, meaning the rules can vary by region. However, the sale, distribution, and labeling of alcoholic beverages are also governed under central laws.
  • Different states have different regulations on the sale, consumption, and production of alcohol, including taxes, licensing, and age restrictions.
  1. Labeling and Packaging Regulations
  • The Legal Metrology Act mandates that all packaged products must carry clear and accurate labeling to help consumers make informed choices and ensure that products are safe to consume.

Importance of Food and Beverage Laws in India:

  • Consumer Protection: These laws protect consumers from unsafe, adulterated, or mislabeled food, ensuring that the food they eat is safe and of good quality.
  • Health and Safety: They ensure that food products are free from harmful chemicals, pollutants, and other hazards, safeguarding public health.
  • Fair Trade Practices: The laws promote fairness in the food industry, ensuring that businesses adhere to set standards and do not mislead consumers.
  • International Trade: Food safety regulations help Indian food products meet international standards, boosting exports and supporting the global reputation of Indian food products.

Role of Lawyers in Food and Beverage Laws:

  • Advising Businesses: Lawyers help food companies comply with safety standards, labeling regulations, and import/export laws. They also assist with obtaining licenses and certifications from the FSSAI.
  • Dispute Resolution: Lawyers represent clients in cases related to food safety violations, adulteration claims, or consumer complaints.
  • Regulatory Compliance: Lawyers assist food businesses in navigating complex regulations, ensuring they meet all required standards and avoid legal liabilities.
book an appointment

Foreign Trade Laws

India’s foreign trade laws govern the import and export of goods and services, ensuring compliance with national regulations and international agreements. Key legislations are:

  1. Foreign Trade (Development and Regulation) Act, 1992: This act is the cornerstone of India’s foreign trade policy. It provides the framework for regulating imports and exports, promoting trade, and facilitating foreign exchange transactions.
  2. Foreign Exchange Management Act (FEMA), 1999: FEMA regulates foreign exchange transactions, ensuring that foreign exchange is available to promote international trade. It replaces the earlier Foreign Exchange Regulation Act (FERA) and focuses on liberalizing the economy and facilitating foreign investments.
  3. Customs Act, 1962: The Customs Act governs the import and export of goods, including the assessment and collection of duties, penalties for violations, and procedures for clearance of goods.
  4. Export and Import Policy (Exim Policy): This policy, revised periodically by the government, sets guidelines on what can be traded, restrictions, and incentives like export promotion schemes.
  5. Trade Agreements and WTO Compliance: India is a member of the World Trade Organization (WTO), and its trade policies comply with global trade norms, including tariffs, subsidies, and dispute resolution mechanisms.
  6. Government of India in compliance with the treaty obligations with individual countries also issues specific notification with respect to import and export of the goods from such countries.
book an appointment

Social Justice

Social justice related legal services are crucial to ensure that marginalized and vulnerable groups have access to legal remedies and protections as envisioned under the Constitution of India. Under these services, we aim to bridge the gap between the law and the underprivileged, empowering them to assert their rights. Country has vast socio-economic disparities, and the complexities of its legal system often make it difficult for disadvantaged communities to seek justice. Therefore, under social justice legal services, we focus on providing free or affordable legal aid, representation, and advocacy to those facing discrimination, exploitation, or denial of basic rights.

It is relevant to mention here that various organizations, including non-governmental organizations (NGOs), legal aid cells, and government initiatives like the district legal service authority under the Legal Services Authorities Act, 1987, work to support disadvantaged groups such as women, children, Scheduled Castes, Scheduled Tribes, persons with disabilities, and the economically weaker sections of society. These services cover areas like labor rights, domestic violence, human trafficking, access to education, healthcare, and more.

Under Social Justice related services, we provide legal aid clinics, pro bono legal support, and initiate public interest litigation, social justice legal services contributing in shaping an inclusive and equitable legal system, ensuring that justice is accessible to all, irrespective of their economic or social status. We have raised caused before Indian Court like petitions against rise of onion prices (2014), issue of over honking (2014) and issue in EVM.

book an appointment

Cyber Laws

Cyber laws in India are designed to address the challenges and opportunities presented by the rapid growth of technology and the internet. The Information Technology Act, 2000 (IT Act) is the cornerstone of India’s cyber legal framework. It provides legal recognition to electronic records and signatures, enabling digital transactions and e-governance. The IT Act also defines various cybercrimes, including hacking, identity theft, and online fraud, and sets penalties for such offenses.

book an appointment

GST

The Goods and Services Tax (GST) Law in India, enacted in 2017, is a comprehensive indirect tax reform aimed at unifying the country’s fragmented tax system. GST replaced multiple taxes like VAT, service tax, and excise duty with a single tax on the supply of goods and services. The GST law provides for the levy and collection of taxes on the value added to goods and services at each stage of the supply chain. It operates on a dual system of taxation, where both the central and state governments have the authority to levy taxes.

The Central Goods and Services Tax (CGST), State Goods and Services Tax (SGST), and Integrated Goods and Services Tax (IGST) are the primary components of the law. GST is applicable to businesses with a turnover above a certain threshold, with rates varying based on the category of goods or services, ranging from 0% to 28%.

The law also introduces the concept of Input Tax Credit (ITC), which allows businesses to offset taxes paid on inputs against the taxes they owe on outputs, ensuring a seamless flow of credit and reducing tax cascading. GST has simplified the tax structure, improved tax compliance, and fostered a more transparent and efficient taxation system in India. Law also introduces the concept of e-way bill which is required for movement of goods worth more than specified value across State or inter state movement.

book an appointment

Intellectual Property

Intellectual Property (IP) law in India provides legal protection to creativity, such as inventions, designs, trademarks, and artistic works, fostering innovation and creativity. The primary legislation governing IP in India includes the Patents Act, 1970, which protects new inventions by granting exclusive rights to inventors for 20 years, provided the invention is novel, inventive, and industrially applicable. The Trade Marks Act, 1999 protects brand names, logos, and symbols that distinguish goods or services, offering legal recourse against infringement for registered trademarks. The Copyright Act, 1957 safeguards original works of authorship, such as literary, artistic, and musical creations, and grants protection for the lifetime of the creator plus 60 years. The Designs Act, 2000 focuses on protecting the visual appearance of products, offering registration that is valid for 10 years with the option of renewal. The Geographical Indications of Goods (Registration and Protection) Act, 1999 protects products associated with specific regions, such as Darjeeling tea or Kanchipuram silk or Goa Feni. These laws align with international standards, such as those set by the WTO, aiming to promote creativity and ensure a balance between public access and the economic interests of creators. India’s IP laws help secure intellectual assets, encouraging innovation and supporting economic growth.

book an appointment

Employment and Labour Laws

Employment and labor laws in India are designed to protect the rights of workers, ensure fair wages, and regulate working conditions. These laws cover a wide range of areas, including wages, benefits, safety, and dispute resolution. Key legislations include the Factories Act, 1948, which sets standards for health, safety, and working conditions in factories, ensuring that workers’ welfare is safeguarded. The Industrial Disputes Act, 1947 provides mechanisms for the resolution of industrial disputes, including strikes, layoffs, and retrenchment, ensuring peaceful relations between employers and employees.

The Minimum Wages Act, 1948 mandates the payment of minimum wages to workers in scheduled industries, ensuring that workers receive fair compensation for their labor. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 ensures that workers are provided with financial security after retirement by mandating contributions to provident fund accounts. Similarly, the Maternity Benefit Act, 1961 ensures paid maternity leave and other benefits for female employees.

Recently, Government has made efforts to simplify and consolidate around 29 labor laws into 4 codes, such as ensuring workers’ right to minimum wages, the Central Government has amalgamated 4 laws in the Wage Code, 9 laws in the Social Security Code, 13 laws in the The Occupational Safety, Health and Working Conditions Code, 2020 and 3 laws in the Industrial Relations Code. These Codes will promote ease of doing business while ensuring workers’ rights too. These laws aim to create a balanced work environment, fostering both business growth and employee welfare.

book an appointment

Litigation

Litigation refers to the process of resolving legal disputes through the judicial system. It is an essential aspect of the Indian legal system, which is based on the rule of law, and is governed by a combination of statutes, rules, and judicial precedents. Litigation can take place in various courts, including the Supreme Court of India, High Courts, and District Courts, with each court having jurisdiction over specific types of cases.

In India, litigation covers a wide range of matters, such as civil, criminal, family, corporate, labor, and property disputes. The Civil Procedure Code (CPC), 1908 governs the procedure for civil litigation, while the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 regulate criminal litigation. Civil cases typically involve disputes related to contracts, property, or torts, while criminal cases involve offenses against the state or individuals.

Litigation in India can be a lengthy and complex process due to the large volume of cases and a backlog in the courts. The Alternative Dispute Resolution (ADR) mechanisms, such as mediation and arbitration, are increasingly used to resolve disputes outside traditional courtrooms, providing a faster and more cost-effective means of settling legal issues.

book an appointment

Real Estate Laws

Real Estate Laws in India are designed to regulate property transactions, protect the interests of buyers and sellers, and ensure transparency in the real estate sector. The legal framework governing real estate is multifaceted, involving both central and state laws. The Real Estate (Regulation and Development) Act, 2016 (RERA) is one of the most significant reforms, aimed at improving transparency, accountability, and efficiency in the real estate industry. RERA mandates that all residential real estate projects be registered with the regulatory authority before advertising or selling. It also ensures timely delivery of projects, protects the rights of homebuyers, and mandates that developers provide details regarding project timelines, approvals, and legal disputes.

The Transfer of Property Act, 1882 governs the transfer of property rights between individuals, defining the legal process for the sale, lease and mortgage. Additionally, the Indian Contract Act, 1872 plays a key role in property transactions, especially in drafting agreements related to buying and selling property.

The Benami Transactions (Prohibition) Act, 1988 prohibits property transactions in which the property is held by one person, but the benefit accrues to another, aiming to curb black money and illegal holdings.

For the protection of tenants, The Rent Control Act in various states regulates the relationship between landlords and tenants, safeguarding tenants’ rights while ensuring fair rental practices. The Land Acquisition Act, 2013 governs the acquisition of land for public use, requiring compensation and rehabilitation of displaced individuals.

book an appointment

Mining Laws

Mining Laws in India govern the extraction and management of natural resources, ensuring the sustainable and regulated development of the mining sector. The legal framework is designed to protect environmental resources, promote transparency, and ensure equitable distribution of mineral resources. The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is the primary legislation that governs mining activities in India. It regulates the exploration, extraction, and commercialization of minerals, providing for the allocation of mining rights through auctions or permits. This act aims to promote scientific mining and address concerns related to illegal mining and environmental degradation.

The Mineral Concession Rules, 1960 under the MMDR Act specify the procedures for obtaining mining leases, licenses, and permits for different minerals. The Environment Protection Act, 1986 and the Forest Conservation Act, 1980 also play a crucial role in mining operations by ensuring that environmental and forest clearance are obtained before mining activities can begin, thereby minimizing ecological damage.

Mine Industry of Goa has been re-set after the Goa Foundation Case which declared all mining leases deemed expired on 22.11.2007 and consequently any activity posts this date deemed illegal. Extracted mineral in the State belonged to the State Government and State is e-auctioning the mineral ore being the property of the State.

book an appointment

Animal Protection Law

The Animal Protection Law in India is primarily governed by the Prevention of Cruelty to Animals Act, 1960, which was enacted to prevent unnecessary suffering of animals and promote their well-being. This law is overseen by the Ministry of Fisheries, Animal Husbandry, and Dairying and addresses various aspects of animal welfare, including their treatment, protection, and the punishment for cruelty. It includes provisions for the prevention of acts like beating, overloading, or using animals in circuses or for entertainment in ways that cause distress.

Animal Welfare Board of India is a statutory advisory body on animal welfare laws in India which is constituted under the aforesaid Act. Under the Act, various Rules have been framed on various aspect of animal welfare such as the Prevention of Cruelty to Animals (Dog Breeding and Marketing Rules) Rules, 2017 and Animal Birth Control Rules, 2023. Apart from these statutory enactments, various High Courts of the Country have passed Judgments and directions to the State Government such as Hon’ble High Court at Goa in the case of Hemant Kumar Bhasin Vs State of Goa, Writ Petition (C) No.331/2021 dated 23.09.2022 has issued direction to the State of Goa to frame Guidelines. Hon’ble Delhi High Court has issued direction in the matter of Dr.Maya D.Chablani Vs Radha Mittal & Others reported at 2021 SCC Online Del 3599. Various Petitions are pending including in the Hon’ble Supreme Court of India touching the animal welfare aspects.

The Wildlife Protection Act, 1972 also plays a significant role in protecting wild animals and their habitats, prohibiting hunting and trade of endangered species. Goa Bench of Bombay High Court in the case of Goa Foundation Vs State of Goa (PIL. W.P.No.15/2022) directed the Government of Goa to notify Mhadei Wildlife Sanctuary and other areas as Tiger Reserve within 3 months and also directed to set up anti-poaching camps at strategic locations, though the matter is now pending before the Supreme Court on the appeal of State.

Various organization of animal welfare advocate for better enforcement of these laws, urging for stricter penalties and better monitoring systems, however, despite the legal framework, challenges such as insufficient enforcement, lack of awareness, and the illegal wildlife trade continue to hinder the full protection of animals in India and vested interest of animal welfare organisation is also not ruled out. Nonetheless, the laws have created an essential foundation for animal rights and conservation in the country.

book an appointment