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Legal Compliance ChecklistAll

Sr. No.Legisltion CategoryStatute Legal ProvisionComplianceApplicabilityPenal ProvisionRequired Forms
1RegulatoryDrugs and Cosmetics Act, 1940/Drugs and Cosmetics Rules, 1945Section 12 (2) read with Rule 23Obtain import licence in Form 10 for the import of drugs, not specified in Schedule X.Every person or company on import drugs not specified in Schedule X.Imprisonment upto 3 years or Fine upto Rs. 5,000/- or Both and on subsequent offence imprisonment upto 5 years and Fine upto Rs. 10,000/- or Both (Section 13)Form no. 10
2RegulatoryDrugs and Cosmetics Act, 1940/Drugs and Cosmetics Rules, 1945Section 33 (2) read with Rule 24-A (1)File an application for the issue of a registration certificate, in Form 40 along with the prescribed fees and the information and undertakings specified in Schedules duly signed by or on behalf of the manufacturer for registration certificate to the Licensing Authority.Every manufacturer having valid wholesale licence for sale or distribution of drugs or by the manufacturer’s agent in India having a valid licence to the manufacture for sale of drug or having a valid wholesale licence for sale or distribution of drugs for the import of drugs.Imprisonment upto 5 years and with Fine which shall not be less than one lakh rupees or three times the value of the drugs confiscated, whichever is more (Section 27 (b))Form no.40
3RegulatoryMines Act, 1952/Mines Rescue Rules, 1985Section 58 read with Rule 5(2)Establish a rescue room irrespective of the number of persons ordinarily employed below-groundBelow ground coal mines having a fiery seam / gassy seam of second or third degreeImprisonment unto 6 months or fine unto Rs. 2000/- or both (Section 72A)NA
4RegulatoryMines Act, 1952/Mines Rescue Rules, 1985Section 58 read with Rule 11 (7)Intimate the accident in Form II to the Chief Inspector and Regional Inspector within 24 hours by the ManagerAccident in a below ground mine arising out of the use of any rescue apparatusImprisonment unto 6 months or fine unto Rs. 2000/- or both (Section 72A)II
5RegulatoryFood Safety and Standards Act, 2006/Food and Safety Standards (Licensing and Registration of Food Business) Regulations, 2011Section 31 (2) read with Rule 2.1.1 (5)Display the registration certificate at a prominent place at all times within the premises or vehicle or cart or any other place where the person caries sale /manufacturing the food.Every petty food business owner except producer of milk registered under Cooperative Societies ActFine up to Rs. 2, 00, 000/- (section 58)NA
6RegulatoryFood Safety and Standards Act, 2006/Food and Safety Standards (Licensing and Registration of Food Business) Regulations, 2011Section 31 (2) read with Rule 2.1.3File an application in Form B to the concerned Licensing Authority along with self attested declaration in the specified format and copies of documents mentioned in the Annexure 2 of Schedule 2 along with applicable fee.Intended owner of food businessImprisonment up to 6 months and also with a fine up to Rs.500000/- (Section 63)Form B
7CommercialPetroleum Act, 1934/Petroleum Rules, 2002Section 3,4 read with Rule 43 (h)Exhibit conspicuously from sunrise to sunset a red flag and such warning lights as may be required by the ConservatorAny vessel, steamer or, tug towing or otherwise attending any vessel carrying or had carried onboard petroleum, from sunrise to sunsetImprisonment up to 1 month or fine up to Rs.1000/- or both and in case of continuance of offence Imprisonment up to 3 months or fine up to Rs. 5000/- or both (Section 23)NA
8CommercialPetroleum Act, 1934/Petroleum Rules, 2002Section 3,4 read with Rule 143, 147, 148Apply in Form VIII for a grant/ amendment/ renewal of a license to transport petroleum Class A/B in bulk on land for fueling of aircraft etcAny person desirous to transport petroleum Class A or B in bulk on land for fueling of aircraft, heavy vehicles, machineries and other stationery equipment by a mechanically propelled vehicleImprisonment up to 1 month or fine up to Rs.1000/- or both and in case of continuance of offence Imprisonment up to 3 months or fine up to Rs. 5000/- or both (Section 23)VIII
9CommercialElectricity Act, 2003/Central Electricity Regulatory Commission (Terms And Conditions For Recognition And Issue Of Renewable Energy Certificate For Renewable Energy Generation) Regulations, 2010Section 86 (1) read with Rule 11.4Ensure to fulfill renewable purchase obligation through procurement of the Renewable Energy CertificateAny person having contract demand of not less than one MVA and who consumes electricity procured from conventional fossil fuel based generation through open access.As determined by the commissionNA
10CommercialElectricity Act, 2003/Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010Section 177 read with Rule 63 (1)Intimate the owner, supplier and Electrical Inspector in writing and furnish a scale of the addition, alteration or erection.Every person proposing to and the contractor employed to erect a new building or structure or flood bank or to raise any road level or to carry out any other type of work, addition or alteration whether permanent or temporary, subsequent to the erection of an overhead lineImprisonment upto 3 months or fine up to Rs 1,00,000/- and for continuing default additional fine of Rs. 5000/- for each day of continuing default (Section 146)NA
11CommercialMotor Vehicles Act, 1988/Central Motor Vehicles Rules, 1989Section 64 read with Rule 129 (1) (i)Display a distinct mark of the class label appropriate to the type of dangerous or hazardous goods specified in column 3 of the Table I to rule 137.Every owner of a goods carriage transporting any dangerous or hazardous goods carrying the same type of dangerous or hazardous goods (whether in bulk or in packages).Fine upto Rs. 100/-and for subsequent offence fine upto Rs300/-(Section.177)NA
12CommercialMotor Vehicles Act, 1988/Central Motor Vehicles Rules, 1989Section 39 read with Rule 47Submit an application in Form 20 to the registering authority within 7 days from the date of delivery of vehicle along with Sale certificate in Form 21, Insurance certificate, Address proof, Road worthiness certificate in Form 22, temporary registration, if any, custom's clearance certificate in the case of imported vehicles along with the licence and bond, appropriate fee and proof of citizenshipEvery owner of motor vehicle seeking registration of his motor vehicle.Fine of Rs.5000/- and for subsequent offence imprisonment upto one year or fine upto Rs.10, 000/- or both. (Section 192)Form no. 20, 21, 22
13Industrial LawIndustrial Dispute Act, 1947/Industrial Disputes (Punjab) Rules, 1958Section 25-N read with Rule 75-A (1)File an application in Form PA (triplicate) to the Labour Commissioner for obtaining the permission of retrenchment of workmenEvery employer in case of retrenchment of the workmenFine not exceeding fifty rupees (Rule 78)PB, PA
14Industrial LawIndustrial Dispute Act, 1947/Andhra Pradesh Industrial Disputes Rules, 1958Section 9 read with Rule 40,41Ensure to have Works committee comprising the representatives of the Employer and the EmployeesEvery Employer who has employed 100 or more workmen and obtained order from government to constitute Works CommitteeFine upto Rs. 50/- (Rule 81)NA
15Industrial LawEmployees' State Insurance Act, 1948/Employees' State Insurance (General) Regulations, 1950Section 95 read with Rule 68Submit a report of accident in Form 12 to the Regional Office and to the nearest Insurance Medical Officer.Every employer, on occurrence of any accident likely to cause or permanent disability or on receipt of notice from employee.Imprisonment upto 1 year or fine upto Rs. 4000/- or with both. (Section 85(ii)12
16Industrial LawEmployees' State Insurance Act, 1948/Employees' State Insurance (Central) Rules, 1950Section 72, Rule-Not applicableProhibit to deduct or reduce wages directly or indirectly, of his liability for any contributions payable , or except as provided by the regulations , discontinue or reduce benefits payable to him under the conditions of his service which are similar to the benefits conferred by this ActEvery Employer, employing 20 or more workers.Imprisonment upto 1 year or fine upto Rs. 4000/- or with both. (Section 85(ii)NA
17Labour LawFactories Act, 1948/Maharashtra Factories Rules, 1963Section 110 read with Rule 119 (1)Submit monthly Return in Form 27A in duplicate to the Inspector, on or before 10th of every month.Every owner/occupier of a factoryImprisonment upto 2 years or fine upto Rs. 1, 00, 000/- or both and on continuing contravention further fine upto Rs. 1000/- for each day (Section 92)27 A
18Labour LawFactories Act, 1948/Maharashtra Factories Rules, 1963Section 18 (4) read with Rule 43Provide drinking water as per quality prescrubed by BIS and get the quality of water tested from a government approved laboratory at least once in every 6 months.Every owner/occupier of a factory where drinking water is suppliedImprisonment up to 2 years or fine up to Rs. 1, 00, 000/- or both and on continuing contravention further fine upto Rs. 1000/- for each day (Section 92)NA
19Labour LawBuilding And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act, 1996/Maharashtraâ  Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2007Section 40 (2) (k) read with Rule 62 (a)Ensure that construction site shall be provided with:(i) fire extinguishing equipment (ii) an adequate water supply at ample pressure as per national standard (iii) trained persons to operate the fire extinguishing equipment.Every employer at a construction site of a building or other construction workImprisonment upto 3 months or with Fine upto Rs. 2,000/- or with both and incase of continuing offence Fine upto Rs 100/- per day (Section 47)NA
20Labour LawBuilding And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act, 1996/Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act, 1996Section 40 read with Rule 240Maintain Form A where building workers are employed.Every employer at a construction site of a buildingImprisonment upto 3 months or with Fine upto Rs. 2,000/- or with both and incase of continuing offence Fine upto Rs 100/- per day (Section 47)Form A (as prescribed under Ease of Compliance to Maintain Registers under various Labour Law Rules, 2016
21Environment, Health and SafetyAtomic Energy Act, 1962/Atomic Energy (Radiation Protection) Rules, 2004Section 17 read with Rule 20 (3)Intimate of any accident to the Special Officer, within 24 hours involving a source or loss of source of which he is the custodianEvery employer on occurrence of any accident1. Imprisonment upto 5 years or fine or both (Section 24) 2. Suspension of operation of the licence or revocation of licence (Rule 10(ii))Intimation Letter
22Environment, Health and SafetyAtomic Energy Act, 1962/Atomic Energy (Radiation Protection) Rules, 2004Section 30 read with Rule 26 b (i)Provide radiation doses to the therapy patientsEvery licensee carrying out diagnostic or therapeutic work using radiation generating equipment, sealed or unsealed sourcesImprisonment upto 5 years or fine or both ( 24) 2. Suspension of operation of the licence or revocation of licence (Rule 10(ii))NA
23Environment, Health and SafetyEnvironment (Protection) Act, 1986/Hazardous And Other Wastes (Management And Transboundary Movement) Rules, 2016Section 25 read with Rule 6(5)Maintain record of hazardous and other wastes in Form 3.Every authorised occupierImprisonment upto 5 years and Fine upto Rs. 1,00,000/- or both, and in case of continuous contravention additional fine upto Rs. 5000/- for every day and in further continuation of contravention 1 year, further Imprisonment upto 7 years ( 15)Form no. 3
24Environment, Health and SafetyEnvironment (Protection) Act, 1986/E-Waste (Management) Rules, 2016Section 25 read with Rule 4 (3)Ensure that no damage is caused to the environment during storage and transportation of e-waste.Every Manufacturer generating E-WasteImprisonment upto 5 years and Fine upto Rs. 1,00,000/- or both, and in case of continuous contravention additional fine upto Rs. 5000/- for every day and in further continuation of contravention of 1 year, further Imprisonment upto 7 years (Section 15)NA
25TaxationCentral Goods And Services Tax Act, 2017/Central Goods And Services Tax Rules, 2017Section 51 (3) (4), Rule-Not applicableEnsure to provide a certificate within five days of crediting the amount so deducted to the Government mentioning the contract value, rate of deduction, amount deducted, amount paid to the GovernmentEvery person deducting tax at sourceFine of INR 100 per day until the failure is rectified, maximum amount of INR 500. (Section 51 (4))NA
26TaxationCentral Goods And Services Tax Act, 2017/Central Goods And Services Tax Rules, 2017Section 27 (1) read with Rule 13 (1)File a application in Form GST REG-09 for a non-resident taxable person with a valid passport, at least five days prior to the commencement of business at the Common Portal either directly or through a Facilitation Center notified by the CommissionerEvery non-resident taxable personPenalty of INR 10,000 or an amount equivalent to the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the Government or tax not collected under section 52 or short collected or collected but not paid to the Government or input tax credit availed of or passed on or distributed irregularly, or the refund claimed fraudulently, whichever is higher. (Section 122 (1))GST REG-09
27TaxationIncome Tax Act, 1961/Income Tax Rules, 1962Section 44AB read with Rule 6GEnsure to get financial accounts audited before 30th SeptemberEvery assessee carrying on business having turnover of more than Rs. 1 Crore or more in the previous year.Penalty of one-half per cent of the total sales, turnover or gross receipts, as the case may be, in business, or of the gross receipts in profession, in such previous year or a sum of one lakh and fifty thousand rupees, whichever is less. (Section 271B)NA
28TaxationIncome Tax Act, 1961/Income Tax Rules, 1962Section 139 (5), Rule-Not applicable Submit the revised return in Form ITR 6 to the Income Tax Authorities for the previous year before the expiry of one year from the end of relevant assessment year or before completion of assessment, whichever is earlier.Every company, intents to revise its Income Tax Return, originally filed on or before due date.Penalty of Rs. 5000/- along with interest for the period of default on the tax on total income as mentioned in Section 234A. [Section 271F]ITR 6
29EXIM Foreign Exchange Management Act, 1999/Foreign Exchange Management (Borrowing and Lending in Rupees) Regulations, 2000Section 6 (3), 47 (2) read with Rule 5 (1) (v) (B)File with the nearest office of the Reserve Bank, not later than 30 days from the date of issue of Non-convertible Debentures (NCDs), Full details of the remittances received namely; (a) a list of containing Names and Addresses of NRIs and the number of Non-convertible Debentures (NCDs) issued to each of them, on repartition and/or non-repartition basis; and (b) Certificate from Company Secretary stating that all the provisions of the Act, rules and regulations in regard to issue of Non-convertible Debentures have been duly complied.Every company incorporated in India on issuing of Non-convertible DebenturesFine upto thrice the sum involved, if the amount is quantifiable or upto Rs. 2, 00, 000/- if the amount is not quantifiable;
2. In case of continuance of contravention Fine upto Rs. 5, 000/- for every day (Section 13(1))
NA
30EXIM Foreign Exchange Management Act, 1999/Foreign Exchange Management (Transfer or Issue of any Foreign Security) Regulations, 2004Section 6 (3), 47 (2) read with Rule 21 (2) (iii)Ensure to issue Foreign Currency Exchangeable Bonds to a person resident outside India in accordance with and subject to the conditions specified in Schedule IV with the specific approval of the Reserve BankEvery companies on issue of Foreign Currency Convertible Bonds Beyond USD 500 millionFine upto thrice the sum involved, if the amount is quantifiable or upto Rs. 2, 00, 000/- if the amount is not quantifiable;
2. In case of continuance of contravention Fine upto Rs. 5, 000/- for every day (Section 13(1))
Schedule IV
31EXIM Foreign Trade (Development And Regulation) Act, 1992/Foreign Trade (Regulation) Rules, 1993 And Foreign Trade Policy, 2009-2014, Foreign Trade Procedures, 2009-2014Section 19 read with Rule Para 2.10 (Procedure)File an application to the Regional Authority for grant of Authorisation for import and export of items restricted in ITC (HS) classification.Every person intending to Import or Export items restricted under ITC (HS) classificationFine upto Rs. 1,000/- or five times the value of the goods in respect of which any contravention is made or attempted to be made, whichever is more. (Section 8(2))Application Letter
32EXIM Foreign Trade (Development And Regulation) Act, 1992/Foreign Trade (Regulation) Rules, 1993 And Foreign Trade Policy, 2009-2014, Foreign Trade Procedures, 2009-2014Section 19 read with Rule Para 6.21 (Procedure)Obtain annual permission from Customs Authorities for the purpose of taking out inputs and equipments (specified at Appendix 14 - I- J) to DTA farm subject to the following conditions:-
1. Supply of inputs by EOUs to contract farm(s) shall be subject to input- output norms approved by DGFT/BoA,
2. There shall be contract farming agreement between EOU and DTA farmer(s), and
3. Unit has been in existence for at least two years and engaged in export of agriculture/ horticulture/aquaculture products: otherwise it shall furnish bank guarantee equivalent to duty foregone on capital goods/ inputs proposed to be taken out to Deputy/Assistant Commissioner of customs/Central Excise, till unit complete two years.
Every EOU's engaged in the production/ processing of Agriculture/ Horticulture/ Aquaculture productsFine upto Rs. 1,000/- or five times the value of the goods in respect of which any contravention is made or attempted to be made, whichever is more. (Section 8(2))Appendix 14 - I- J