The Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, issued by the Department of Telecommunications, aim to regulate the interception of communications in India. These rules, under the Telecommunications Act, 2023, ensure that message interception is done in a transparent, regulated and accountable manner.
KEY PROVISIONS
Replacing Outdated Rules
The new rules replace the outdated provisions of Rule 419 and 419A of The Indian Telegraph Rules, 1951. They take effect upon publication in the Official Gazette but won’t impact existing interception orders until their expiry.
Essential Definitions
- Authorized Agency: Law enforcement or security agencies designated by the Central Government for message interception.
- Competent Authority: The Union Home Secretary for the Central Government or the Secretary in charge of the Home Department for State Governments.
- Interception Order: An official order authorizing message interception under the Act.
- Review Committee: A committee ensuring compliance and reviewing interception orders.
Procedures for Interception
- Issuance of Orders: The Central Government designates authorized agencies. Orders are issued by the competent authority or, in emergencies, by a senior authorized agency officer.
- Confirmation and Record Maintenance: Emergency orders require confirmation within seven days. Detailed records of intercepted messages are securely maintained and periodically destroyed, except for ongoing investigations or legal proceedings.
Implementation and Review
- Nodal Officers: Authorized agencies and telecom entities appoint officers to handle interception orders.
- Acknowledgment and Reporting: Telecom entities acknowledge orders within two hours and provide fortnightly reports.
- Central and State Review Committees: These committees review interception orders, ensure compliance and can set aside non-compliant orders.
IFSCA Proposes Regulatory Amendments
The International Financial Services Centres Authority (IFSCA) has introduced draft amendments to the International Financial Services Centres Authority (Investment by International Financial Services Centre Insurance Office) Regulations, 2022. These proposed changes aim to address evolving insurance and reinsurance sector needs within International Financial Services Centres (IFSCs) in India.
Background and Need for Amendments
Established under the IFSCA Act, 2019, the authority regulates financial products, services and institutions in IFSCs. Recognizing investment income’s crucial role for insurers and reinsurers, IFSCA issued regulations on January 12, 2023, governing International Financial Services Centre Insurance Offices (IIOs) investments. These regulations, formulated under Section 27 of the Insurance Act, 1938, necessitated updates due to specific requests regarding Unit Linked Insurance Policies (ULIPs) premium investments and the Insurance Regulatory and Development Authority of India’s (IRDAI) August 2023 re-insurance regulations amendments.
Proposed Amendments
Key changes include:
- Investment in Domestic Tariff Area (DTA): New provisions for IIOs investing retained premiums in the DTA, outlining separate investment asset exposure limits aligned with updated IRDAI regulations.
- Investment of ULIP Premiums: Regulations mandating investments adhere to policyholder-specified patterns, ensuring marketability, realizability and policyholder protection.
- Segregated Fund Exposure Limits: Applying exposure limits to individual segregated funds to manage risk, ensure diversification and prevent undue concentration.
New Excise Duty Amendments for Exporting Petroleum Products
The Central Government has exercised its powers under Section 5A of the Central Excise Act, 1944, and Section 112 of the Finance Act, 2018, to make amendments to an existing notification. This notification, No. 10/2022-Central Excise, was issued by the Ministry of Finance’s Department of Revenue. The new notification makes specific adjustments to the previous notification No. 10/2022-Central Excise, which was originally published on June 30, 2022
These amendments aim to serve the public interest. The government has deemed it necessary to update the existing rules, which were initially published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), with the identifier G.S.R. 498(E).
India has updated its central excise duty regulations for exporting motor spirit (petrol) and high-speed diesel oil. Previously, duties varied based on destination countries, but now exports to Bhutan are exempt from central excise duty.
Key Amendments:
- Motor Spirit (Petrol): Exports to countries other than Bhutan remain unchanged, while exports to Bhutan are now duty-free, with a revised rate of ‘Nil per litre’.
- High-Speed Diesel Oil: Exports to Bhutan also qualify for the ‘Nil per litre’ duty rate, while exports to other countries follow previous regulations.
- Removal of Paragraph 2: The updated notification omits this paragraph, likely due to redundancy or replacement by new amendments, streamlining regulations.
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