Corporate Law Newsletter Volume IV, Issue 03

February 5, 2019
Gold Black Reserve Bank India
ISSUE No. 03
Feb 05, 2019

India: DPCC grants subsidy for e-safe equipment

Reserve Bank of IndiaDPCC introduces subsidy for opting cleaner energy resources.


India: Compliance to Data localization regulation

RBI regulation for data localizationPayment Companies start abiding to the RBI regulation for data localization.




India: DPCC grants subsidy for e-safe equipment

DPCC grants subsidy

Evolution in human life has led to the transformation of the early man to the modern-day civilized individual. The complexities in lifestyle has increased reliance to numerous sources to fulfil different and ever-growing needs. From basic simple living to a world full of mechanized equipment, industrialization, automobile revolution, the present-day man depends on high quantities of non-renewable sources of energy including essential as well as non-essential requirements. This causes grave harm contaminating the surrounding environment thereby making it unfit for all forms of life.

Pollution Problem

The over-exploitation of resources for energy and improper disposal of their remnants results in introduction of high quantities of pollutants into the ecosystem hampering the nearby ecosystem. A number of processes such as industrial activities, vehicular usage, crop destruction, constructions, burning of garbage, bursting of firecrackers, etc.

Pollution by cooking

Cooking has been an indispensable need of human life. For the purpose of cooking a lot of fuels have been used since time immemorial including combustion of solid fuels such as wood, animal dung, charcoal, crop wastes and coal. These not only result in improper combustion of the respective resources but are also an eminent source of pollution and health ailments of different nature. There has been a shift in the approach by adoption of completely combustible and a cleaner energy resource – Liquid Petroleum Gas. However, many people still use coal-based cooking devices in the form of traditional Asian oven known as the ‘Tandoor’.

Environment Protection Measures

With the objective of the protection and improvement of environment, numerous legislative frameworks and policies have come up. The Environment Protection Act, 1986 has been enforced with the aim of conservation and improvement of environment was introduced along with legislations working towards the protection of air, water and other environmental components including Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974.

Delhi Government’s recent efforts  

Established with the objective promoting sustainable development for meeting the present day needs without compromising the needs of the future, Delhi Pollution Control Committee (hereinafter referred to as “DPCC”) was established to regulate and monitor the pollution levels in the National Capital Region of Delhi. In its approach to reduce the increasing levels of pollution in its region, DPCC has introduced a scheme of awarding subsidy for replacing/ conversion of coal-based tandoors with electricity/ gas-based tandoors vide its notification dated October 28, 2018.[1]

As per the provisions of the said notification, subsidy at 50% cost of conversion upto INR 5,000/- to the Owners/ Partners/ Managing Directors of the Restaurants/ Eating Outlets/ Banquet Halls/ Hotels for the process of conversion. The establishments coming to existence after April 1, 2018 are also be eligible for availing subsidy. As per the notification, the entities would only be entitled for the said benefit only after they obtain requisite consent and approval to operate/ renew from DPCC as per the applicable laws and complete the process of conversion.

In order to encourage the use of clean fuel in Delhi and reduce the alarming levels of pollution being witnessed, the DPCC shall allow subsidy to those who comply with the environment-friendly regulation.




India: Compliance to Data localization regulation

The Reserve Bank of India

The advent of modernization has introduced many technology dependent miracles. Advancement in the innovative skills of human labour have facilitated the development of a digital infrastructure which caters the multiple needs of the individuals over virtual platform thereby inculcating independent handling by them. Internet is increasingly becoming the medium of carrying out all major present-day activities including information dissemination, communication, commercial transactions, banking functions, etc. This has led to the elevation of the standards of living and has raised the number of e- payments modes.

Online Payments in India

India finds a vast segment of its population now dependent on technology for carrying out number of transactions. The Government has also made efforts for promoting cashless mode of dealings through the digitalization. The payment vis this mode requires the submission of personal and sensitive information of an individual. Considering the vital nature of the information being shared, essential monitoring and control of transmission of such data is required to ensure the provision of a safe and viable payment system within the country.

Online payments in India are regulated by the National Payments Corporation of India (hereinafter referred to as “NPCI”) uses unified payment interface (hereinafter referred to as “UPI”) an instant real-time payment system developed by NPCI regulated by Reserve Bank of India (hereinafter referred to as “RBI”) that facilitates banking operations occurring on the web-platform.

RBI monitoring

In order to have unfettered supervisory access to data stored with payment companies as also with their service providers / intermediaries/ third party vendors and other entities in the payment ecosystem for better monitoring of the payment transactions in India, RBI vide its notification dated April 6, 2018[1] imposed norms regulating data localization (hereinafter referred to as “RBI regulation”). The RBI regulation requires all system providers to ensure that the entire data including the complete transaction details and information regarding the payment instruction relating to payment systems operated by them, are stored in a system only in India October 15, 2018 onwards.

Response by the Payment Companies

Confronted with the challenges such as lack of available servers or data centres in India, administrative cost, compliance burden and time-consuming process being involved therein, the payment companies expressed their concerns to the RBI. However, RBI refused to accept the representations made by the payment entities requesting for the relaxation of norms stated in the RBI regulation seeking the adherence to the same by the deadline provided therein. RBI mandated for the submission of a report in ensuring compliance and clarified that any event of non-obedience to the said directive would entail punitive action against the defaulters.[2]

The consequence…

Attributable to the strict nature of the instructions provided in the RBI regulation, renowned entities such as Visa and Mastercard are in the process of compliance to the data localization policy.[3]

Understanding the confidential nature of data being provided by the customers to these service providers and the impact of the violation of its safety, almost 80% players in this sector have commenced the procedure of compliance to the RBI regulation including submission of proposals to RBI in the said regard. The stringent monitoring by RBI aims to create a more effective and secure data protection regime in India by monitoring the payments done in India.




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