What are the laws applicable in Dry Fruits business?

In India, various laws are applicable to the dry fruits business, which are as follows:

1. The Food Safety and Standards Act, 2006
   • Section 3: Definitions
   • Section 22: Food Safety Standards for Foods
2. The Essential Commodities Act, 1955
   • Section 3: Power to control production, supply, and distribution
3. The Legal Metrology Act, 2009
   • Section 18: Protection against unfair trade practices in packaging
4. The Indian Contract Act, 1872
   • Section 10: Essentials of a valid contract
   • Section 11: Who are competent to contract
5. The Sale of Goods Act, 1930
   • Section 4: Sale and agreement to sell
   • Section 39: Delivery of goods
6. The Goods and Services Tax Act, 2017
   • Section 7: Scope of supply
   • Section 9: Levy and collection of GST
7. The Trade Marks Act, 1999
   • Section 18: Application for registration
   • Section 29: Infringement of registered trademarks
8. The Companies Act, 2013
   • Section 2: Definitions (pertinent to business structure)
   • Section 128: Books of account, etc., to be kept by company
9. The Income Tax Act, 1961
   • Section 44AD: Presumptive taxation for small businesses
   • Section 80C: Deductions in respect of investments
10. The Foreign Exchange Management Act, 1999

• Section 3: Dealings in foreign exchange

11. The Customs Act, 1962

• Section 12: Duties of customs
• Section 14: Valuation of goods

12. The Indian Penal Code, 1860

• Section 420: Cheating and dishonestly inducing delivery of property

13. The Prevention of Food Adulteration Act, 1954

• Section 2: Definition of adulteration
• Section 7: Prohibition of manufacture, sale, etc., of adulterated food

14. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

• Section 3: Prohibition of advertisements of certain drugs

15. The Consumer Protection Act, 2019

• Section 2: Definitions (includes “consumer” and “defect”)
• Section 10: Establishment of Consumer Protection Councils

16. The Environment (Protection) Act, 1986

• Section 7: Prohibition of discharge of environmental pollutants

17. The Air (Prevention and Control of Pollution) Act, 1981

• Section 21: Consent for operation of any industrial plant

18. The Water (Prevention and Control of Pollution) Act, 1974

• Section 25: Restriction on new outlets and new discharges

19. The Factories Act, 1948

• Section 6: Approval, licensing, and registration of factories
• Section 11: Cleanliness in the workplace

20. The Payment of Wages Act, 1936

• Section 3: Responsibility for payment of wages

21. The Shops and Establishments Act (varies by state)

• Typical sections cover hours of work, holidays, and employee rights

22. The Employee Provident Fund and Miscellaneous Provisions Act, 1952

• Section 6: Contributions and the rate of contribution

23. The Payment of Bonus Act, 1965

• Section 10: Payment of minimum bonus

24. The Employees’ State Insurance Act, 1948

• Section 46: Benefits under the Act

25. The Industrial Disputes Act, 1947

• Section 2: Definitions (including “industrial dispute”)
• Section 25N: Conditions for retrenchment

26. The Prevention of Corruption Act, 1988

• Section 7: Public servant taking gratification other than legal remuneration

27. The Indian Partnership Act, 1932

• Section 4: Definition of partnership
• Section 69: Effect of non-registration

28. The Competition Act, 2002

• Section 3: Anti-competitive agreements
• Section 4: Abuse of dominant position

29. The Negotiable Instruments Act, 1881

• Section 138: Dishonour of cheque for insufficiency of funds

30. The Patent Act, 1970

• Section 6: Persons entitled to apply for patents

31. The Copyright Act, 1957

• Section 14: Meaning of copyright
• Section 51: Infringement of copyright

32. The Information Technology Act, 2000

• Section 43: Penalty and compensation for damage to computer systems
• Section 66C: Punishment for identity theft

33. The Central Excise Act, 1944

• Section 3: Duties on excisable goods

34. The Prevention of Money Laundering Act, 2002

• Section 3: Offence of money laundering

35. The Indian Stamp Act, 1899

• Section 3: Instruments chargeable with duty

36. The Export and Import Policy (EXIM Policy)

• Procedures and guidelines for import and export in India

37. The Public Liability Insurance Act, 1991

• Section 3: Liability to give relief in case of accident

38. The Biological Diversity Act, 2002

• Section 3: Certain persons not to undertake biodiversity-related activities without permission

39. The Seed Act, 1966

• Section 6: Certification of seeds

40. The Protection of Plant Varieties and Farmers’ Rights Act, 2001

• Section 28: Rights of the breeder

41. The Foreign Trade (Development and Regulation) Act, 1992

• Section 5: Foreign Trade Policy and amendments

42. The Industrial Employment (Standing Orders) Act, 1946

• Section 3: Submission of draft standing orders

43. The Minimum Wages Act, 1948

• Section 3: Fixing of minimum rates of wages

44. The Trade Unions Act, 1926

• Section 6: Rights and liabilities of registered Trade Unions

45. The National Green Tribunal Act, 2010

• Section 14: Jurisdiction over environmental cases

46. The Registration Act, 1908

• Section 17: Documents to be registered

47. The Carriage by Road Act, 2007

• Section 9: Liability of the common carrier

48. The Public Health Act (varies by state)

• Addresses standards of hygiene and sanitation in food businesses

49. The Agricultural Produce (Grading and Marking) Act, 1937

• Section 3: Powers to make rules regarding the grading and marking of agricultural produce

50. The Maternity Benefit Act, 1961

• Section 4: Right to payment of maternity benefits

51. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988

• Section 4: Exemptions from certain requirements under labor laws

52. The Packaging and Labeling Regulations under the Food Safety and Standards Act

• Regulations on labeling requirements for packaged food products

53. The Indian Explosives Act, 1884

• Governs the import, export, and handling of combustible materials, relevant for packaging materials

54. The Consumer Protection (E-commerce) Rules, 2020

• Section 4: Duties of e-commerce entities, applicable for online sales of dry fruits

55. The Child Labour (Prohibition and Regulation) Act, 1986

• Section 3: Prohibition of employment of children in certain occupations and processes

56. The Employee Compensation Act, 1923

• Section 3: Employer’s liability for compensation

57. The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955

• Provisions for employees in the advertising and media department if applicable

58. The Payment of Gratuity Act, 1972

• Section 4: Payment of gratuity to employees

59. The Right to Information Act, 2005

• Section 3: Right to information for transparency and accountability

60. The Indian Forest Act, 1927

• Section 26: Restriction on cutting and transport of certain forest produce, applicable for exotic dry fruits

61. The Customs Tariff Act, 1975

• Section 12: Customs duties on imported goods

62.The Indian Electricity Act, 2003

• Section 42: Regulations regarding electricity consumption in commercial premises

63. The Specific Relief Act, 1963

• Section 10: Specific performance of contracts in cases of default in delivery

64. The Sale of Goods Act, 1930

• Section 16: Implied conditions as to quality or fitness

65. The Insecticides Act, 1968

• Governs the safe use of pesticides, important if dry fruits are cultivated

66. The Epidemic Diseases Act, 1897

• Section 2: Special powers for state governments to manage infectious diseases, which may affect operations

67. The Dangerous Machines (Regulation) Act, 1983

• Section 7: Licensing of machine operators, if applicable to machinery in processing

68. The Labour Welfare Fund Act (varies by state)

• Employee welfare provisions for those in the dry fruits processing sector

69. The Apprentices Act, 1961

• Section 3: Obligations of employers regarding apprenticeship training

70. The Wildlife Protection Act, 1972

• Section 39: Prohibition on certain animal products that may affect packaging

71. The Sugar (Control) Order, 1966

• Governs use of sugar in any packaged food products

72. The Hazardous Wastes (Management, Handling, and Transboundary Movement) Rules, 2008

• Guidelines for hazardous waste handling, if applicable to packaging materials

73. The Micro, Small, and Medium Enterprises Development Act, 2006

• Section 15: Delayed payments to micro and small enterprises

74. The National Food Security Act, 2013

• Covers provisions related to food distribution and control, relevant for compliance with food regulations

75. The Livestock Importation Act, 1898

• Section 3: Restrictions on importation of livestock or livestock products

76. The Registration of Births and Deaths Act, 1969

• Section 10: Registration requirements, relevant for employee dependents

77. The Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980

• Governs hoarding practices

78. The Public Gambling Act, 1867

• Section 3: Prohibits gambling activities, relevant for promotions or contests

79. The Urban Land (Ceiling and Regulation) Act, 1976

• Governs use of urban land if dry fruits business operates on owned land

80. The Telecom Regulatory Authority of India Act, 1997

• Governs use of telecom services for business, especially if digital marketing is used