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JSA Prism | Mines & Minerals | August 2025

Silhouette of a miner operating drilling equipment inside a dimly lit underground tunnel with rocky walls and a glowing light at the end of the passage.

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Parliament passes the Mines and Minerals (Development and Regulation) Amendment Act, 2025

The Mines and Minerals (Development and Regulation) Amendment Act, 2025 (“MMDR Amendment”), having been passed by both houses of Parliament, will shortly be notified as being in force. The MMDR Amendment amends the Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act”), with a view to supporting the objectives of the National Critical Mineral Mission. It provides a simpler regime for promoting conservation of minerals, zero waste mining and extraction of deep-seated minerals.

Salient features

Development of market for minerals: The Central Government is tasked with promoting the development of a market, including trading of minerals, its concentrate or its processed forms (including metals) through mineral exchanges, i.e., an electronic trading platform or marketplace registered in accordance with the provisions of the MMDR Act, where buyers and sellers transact, trade and enter into contracts, including in derivatives. The provision enables the Central Government to appoint any authority to register and regulate mineral exchanges.
The statement of objects and reasons appended to the bill introduced in the Parliament justifies this amendment on grounds of the emergent need to provide a dynamic market mechanism for minerals backed by a robust regulatory regime given the increased availability and demand of minerals in the country. It is anticipated that mineral exchanges will help miners and end-users of minerals in determining fair and transparent market prices based on supply and demand dynamics, stabilise markets and aid in budgeting and planning which will, in turn, promote investment in mining sector and infrastructure related to transport and storage.
Given how royalties and average sale prices for certain minerals are presently determined having regard to prices on the London Metal Exchange, having a domestic exchange will hopefully do away with reliance on foreign prices that may not reflect local market conditions. It is, however, notable that no timeline has been specified for the establishment of the mineral exchanges.

One-time extension of area under mining lease or composite license: The MMDR Amendment allows holders of a mining lease or composite license for deep-seated minerals (i.e., minerals which occur at a depth of more than 200m (two hundred meters) from the surface of land with poor surface manifestations) to seek an extension of the area under the concession to include any contiguous area, subject to such area not exceeding 10% and 30% of the existing area for a mining lease and composite license, respectively. The State Government may extend the area subject to such terms and conditions and on payment of such additional amount as may be prescribed by the Central Government.
Exploration of deep-seated minerals requires sophisticated modern technologies and heavy financial investments. Ordinarily, the extra-territorial area sought to be mined (which often results from the continuity of the ore-body) is relatively small, and not amenable to scientific and economic mining of a standalone basis. Existing mineral concession holders are ideally and best placed to undertake such exploitation having created all the facilities/ infrastructure to explore/ exploit such extensions.
It is expected that the rules issued by the Central Government in this regard will clarify both the criteria for assessing applications for extension, the terms and conditions on which such extensions may be granted, as well as the nature of the additional amount that would be payable by the applicant in respect thereof.

Removal of limit on sale of surplus minerals from captive mines: The MMDR Amendment removes limits on the quantum of minerals that can be sold by the lessee of a captive mine, and empowers the State Government to permit sale of dumps that have been stacked by such lessees up to such date as the Central Government may specify. The sale of such minerals and dumps is subject to payment of an additional amount which is specified in the Sixth Schedule to the MMDR Act.
This move follows several earlier amendments that have steadily had the effect of phasing out the concept of ‘captive mines’, and comes in the wake of reports that more than half of the mineral produced in several captive mines cannot be consumed in captive end-use plants (either due to limited need, or due to the unsuitability of minerals), resulting in a large number of captive mines accumulating significant dumps of unusable minerals over time.

Renaming and expansion of the National Mineral Exploration Trust: The MMDR Amendment broadens the remit of the ‘National Mineral Exploration Trust’, now renamed as the ‘National Mineral Exploration and Development Trust’, by empowering it to use its funds, in addition to domestic exploration, for the purpose of development of mines and mineral exploration outside India and in offshore areas of India. The MMDR Amendment also increases levy payable by concession holders to the trust from 2% to 3%. This enhanced remit is likely to see more effective use of the funds lying to the credit of the trust, given that it is understood that since its establishment, of the INR 6085 crore (Indian rupees six thousand eighty five crore) accrued to the trust, only INR 1116 crore (Indian rupees one thousand one hundred sixteen crore) has been expended up to December 2024.
Inclusion of additional minerals in mining leases: Hitherto, the dispensation inclusion of new minerals in an existing mineral concession was covered to some degree in the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 and Mineral (Auction) Rules, 2015. The MMDR Amendment introduces a statutory dispensation for inclusion of new minerals in an existing mining lease. This dispensation, inter alia, provides as follows:
- the auction premium which is presently payable at the same rate for all such included minerals, will now not be payable for critical and strategic minerals in Part D of the First Schedule of the MMDR Act;
- an additional amount, which is set out in the newly introduced Eighth Schedule to the MMDR Act, will be payable for inclusion of each such mineral in a mining lease that has been granted, otherwise than through auction;
- minor minerals may be included in a mining lease for a major mineral. The State Government may, by notification in the Official Gazette, specify the royalty and other payments to be made by the lessee on dispatch of such included minor mineral; and
- a major mineral may be included in a lease for a minor mineral. The conditions for such inclusion will be prescribed by the Central Government through rules, which may provide for the extent of presence of other mineral as compared to minor mineral in the lease, termination of an existing lease in the interest of regulating mines and mineral development and allowing the grant of a fresh lease in the same area for minerals other than minor minerals, regulation of such lease as a lease granted for mineral other than minor minerals and additional payment under the Eighth Schedule to be made upon inclusion of the other mineral.

The new dispensation is helpful as it provides clarity on the interplay between minor and major mineral concessions, while also providing necessary respite with respect to critical and strategic minerals which are typically present only in limited quantities and often occur in association with other minerals. It is expected that the rules to be issued in furtherance of these statutory amendments will clarify the regime for inclusion of new minerals in exploration licenses and composite licenses, and the responsibility for and manner of preparing the geological report which will form the basis of such inclusion.

Conclusion

The MMDR Amendment advances India’s mining sector by aligning the MMDR Act with the objectives of the National Critical Mineral Mission. It aims to strengthen the mission by promoting domestic production and processing of critical minerals. It also simplifies the regulatory framework to encourage conservation, zero-waste mining, and sustainable extraction of deep-seated resources. These measures will facilitate optimal utilisation of mineral resources by allowing flexibility in inclusion of new minerals and rational expansion of lease areas. Collectively, these reforms will promote resource security, improve mining efficiency, and strengthen the country’s mineral sector in alignment with national priorities.

This Prism has been prepared by:

Vishnu Sudarsan
Partner

Kartikeya G.S
Partner

Mehar Vasant
Senior Associate

For more details, please contact [email protected]

Tags Critical Minerals, India, JSA, Leading Law Firm, Leading Lawyers, Legislation, Mineral Conservation, Mining, MMDR Amendment, Natural Resources, Sustainability, Zero Waste Mining

JSA Prism | Projects and Infrastructure | August 2025

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Maharashtra exempts renewable energy projects under notified schemes from non-agricultural permissions and taxation

The Government of Maharashtra (“GoM“), through the Revenue and Forest Department, has issued Circular[1] dated August 7, 2025 (“Circular”), exempting solar and wind energy power generation projects covered under Mukhyamantri Saur Krishi Vahini Yojana, Non-Conventional Energy Generation Policy, 2020 and Maharashtra Green Hydrogen Policy-2023, from the requirement of obtaining a non-agricultural conversion (“N.A.“) order/SANAD certificate requirements and associated non-agricultural taxation under the Maharashtra Land Revenue Code, 1966 (“MLRC“), until the amending provisions of the MLRC relating to N.A. use and N.A. taxation are enacted. This marks a progressive step towards India’s renewable energy transition and ease of doing renewable energy projects in the state of Maharashtra.

Background

The Circular records that the GoM has decided to abolish non-agricultural tax on land under buildings used for non-residential, commercial, and industrial purposes across the State. Accordingly, the process of amending the MLRC, including repeal of SANAD provisions, is underway.

Further, a GoM Resolution dated January 29, 2025, issued by the Revenue and Forest Department, clarified that N.A. order/SANAD certificates are not required for industrial use of land during the amendment process.

The GoM has actively advanced renewable energy development through 3 (three) key policy frameworks:

Mukhyamantri Saur Krishi Vahini Yojana;
Non-Conventional Energy Generation Policy, 2020; and
Maharashtra Green Hydrogen Policy-2023

The exemptions introduced under the Circular are consistent with the aforesaid initiatives, as these policies had already extended significant concessions with respect to N.A. permissions for solar and wind power generation projects.

Key provisions of the Circular

Exemption from N.A. order/SANAD certificate requirements

Projects established under the following schemes are exempted from obtaining N.A. order/SANAD certificates:

power generation projects established under the Mukhyamantri Saur Krishi Vahini Yojana;
solar and wind power generation projects under Non-Conventional Energy Generation Policy, 2020; and
projects established under the Maharashtra Green Hydrogen Policy, 2023.

Exemption from non-agricultural tax

The Circular also provides an exemption from non-agricultural tax levies on lands utilised for renewable energy projects. This exemption covers assessment charges typically imposed annually as non-agricultural assessment ordinarily payable by landholders. The exemption represents substantial cost savings for project developers, by eliminating recurring fiscal obligations, which could otherwise aggregate to significant amounts annually depending upon land valuation and municipal jurisdiction.

Simplified compliance procedure

For renewable energy projects covered under the specified schemes, the Circular provides that project holders, after obtaining development permission from the competent planning authority or approval of construction plans from the planning authority, must submit a copy of the same to the concerned Village Revenue Officer for making appropriate entries in the land records. The Village Revenue Officer is required to promptly update the records upon receipt of such information. Further, the Circular directs District Collectors to issue instructions to their subordinate offices to ensure the prompt completion of the process of updating the records of rights.

Analysis of legislative framework

Section 44 of MLRC and provisions of the Maharashtra Land Revenue (Conversion of Use of Land and Non-Agricultural Assessment) Rules, 1969

Section 44 of the MLRC prescribes the procedure for conversion of land use from one purpose to another. Any occupant of unalienated land, or a superior holder of alienated land, or a tenant of such land who wishes to change the use of land, whether from agricultural to non-agricultural, from one non-agricultural purpose to another, or to seek relaxation of conditions attached to prior use, must obtain prior permission from the concerned Collector.

Applications must be made in prescribed form with necessary consents, and the Collector is required to acknowledge the application within 7 (seven) days. After inquiry, the Collector may grant or refuse permission, subject to rules and considerations of public health, safety, convenience, and conformity with development schemes. If no decision is communicated within 90 (ninety) days (or 15 (fifteen) days in the case of temporary use), permission is deemed granted. Where permission is granted, the holder must inform the Tahsildar of commencement of use within 30 (thirty) days, failing which penalties may apply. Upon approval, a SANAD (formal certificate) is issued in the prescribed form, with the Collector empowered to correct clerical errors therein.

The Maharashtra Land Revenue (Conversion of Use of Land and Non-Agricultural Assessment) Rules, 1969 (“1969 Rules”) supplement this framework by prescribing detailed application procedures and documentation (Rules 3–4), mandatory consultations with planning authorities and technical clearances as preconditions, issuance of the SANAD in statutory formats (Schedules IV–V), and methodology for levying assessment and penalties.

Taken together, Section 44 of MLRC and the 1969 Rules create a multi-stage process requiring Collector’s oversight, inter-departmental consultation, and formal certification, before any change of land use can take effect.

However, the recent Circular creates a sector-specific exemption for renewable energy projects covered under the notified schemes. In contrast to Section 44 of MLRC and the 1969 Rules, which required a detailed application to the Collector, scrutiny of documents, consultations with planning authorities, technical clearances, issuance of a SANAD, and levy of non-agricultural assessment, the Circular proposes to replace the multi-tiered approval system with a single planning authority clearance alongwith record-updation.

This measure is expected to significantly reduce compliance burdens, shorten conversion timelines and thereby shorten project timelines.

Sections 42A, 42B, 42C, 42D and 44A of MLRC

Sections 42B, 42C, 42D and 44A of the MLRC carve out situations where a separate N.A. permission under Section 44 is not required. Specifically, where the proposed use of land is already provided for in a sanctioned or draft Development Plan or Regional Plan prepared under the Maharashtra Regional and Town Planning Act, 1966, the land is deemed converted to such use upon payment of the prescribed conversion tax, N.A. assessment, and other government dues. Section 44A further provides an exemption for bona fide industrial use of land situated within designated industrial zones of approved development or regional plans, subject to conditions such as clear title, proper access, absence of conflicting reservations, and conformity with the overall planning scheme.

The Circular builds upon this principle and extends it to renewable energy projects implemented under designated state policy frameworks.

Implications

Application

The exemptions introduced by the Circular are intended to operate as an interim measure until the MLRC is formally amended to repeal the provisions relating to non-agricultural tax and conversion permissions.

Inter-departmental coordination

For the provisions of the Circular to be effectively implemented, coordinated action is required among planning authorities for development permissions, village revenue officers for timely record updates, and District Collectors for oversight and issuance of instructions to subordinate revenue office to ensure the prompt completion of updating the records of rights.

Potential concerns

While the Circular provides immediate regulatory relief, its interim nature may still raise concerns. Since the exemption is based on an executive circular rather than a statutory amendment, lenders and investors may remain cautious until the MLRC is formally amended to repeal the underlying provisions on non-agricultural tax and conversion permissions. This could translate into challenges such as , uncertainties in structuring renewable energy agreements and land lease arrangements, complications in title examination where the permanence of the exemption remains unclear, and difficulties in designing insurance and risk allocation frameworks for projects with long gestation periods.

Precedent value

The Circular sets a precedent for similar exemptions in other states, with a potential to accelerate India’s renewable energy transition while simultaneously exerting competitive pressure on a state’s legal and revenue frameworks.

Conclusion

The Circular marks a significant policy intervention, advancing India’s renewable energy objectives by removing key regulatory and fiscal hurdles for solar and wind energy projects in Maharashtra. Nevertheless, stakeholders must closely monitor the ongoing MLRC amendment process to ensure long-term compliance and evaluate implications for project structuring, financing and operational continuity. While the Circular offers immediate relief; its interim nature underscores the need for continuous legal monitoring and agile compliance strategies to effectively navigate Maharashtra’s evolving renewable energy regulatory landscape.

This Prism has been prepared by:

M. Arun Kumar
Partner

Jaskiran Kaur
Principal Associate

Vivek Jain
Associate

For more details, please contact [email protected].

[1] Circular Number: MISC-2025/Pr.Kr.66/J-01A

Tags Clean Energy, Energy Projects, Green Policy, India Energy, JSA, JSA Insights, Land Use, Leading Law Firm, Leading Lawyers, Legal Update, Maharashtra, Regulatory Relief, Renewable Energy, Solar Energy, Tax Exemption, Wind Energy

JSA advises Axis Bank on financing four Solar Power Projects across India

Solar panels and wind turbines on a grassy field under a blue sky, symbolizing clean and renewable energy generation.

JSA has advised Axis Bank Limited on the financing provided to Gentari Renewables Finnsurya Energy Private Limited for four solar photovoltaic power projects:

70 MW (AC) at Bhadla Solar Park Phase II, Jodhpur, Rajasthan.
2 × 50 MW (AC) at Pavagada Solar Park, Tumkur, Karnataka.
5 MW (AC) at Bhilwara, Rajasthan.
10 MW (AC) at Kapeli, Ujjain, Madhya Pradesh.

The transaction has been structured to accommodate a diversified portfolio across multiple locations, requiring a flexible framework for project-specific cash flow management and security creation. The facility includes the refinancing of a term loan for capital expenditure and project development, as well as working capital facilities with provisions for letters of credit and bank guarantees.

With the involvement of a Singapore-based shareholder, the structure required tailored regulatory compliance and customised shareholder undertakings. A comprehensive security package has been implemented to protect the lender, including assignment of project receivables, hypothecation of assets, escrow arrangements, and lender step-in rights.

JSA has advised on all aspects of the transaction, including drafting, negotiating, and reviewing financing documents. The team was led by Karan Mitroo (Partner), supported by Purvi Dabbiru (Partner), Surbhi Jain (Principal Associate), Riddhi Sri (Associate), Shantanu Awasthi (Associate), Harshil Kakkar (Associate), and Supriya Saxena (Paralegal).

Tags Banking and Finance, Green Financing, Infrastructure Finance, JSA, JSA Deals, Multi-Project Financing, Project finance, Renewable Energy, Solar Power, Solar Projects

JSA Prism | Electricity and Power | August 2025

High-voltage power transmission towers with dynamic neon light trails and an energy pulse symbol at night.

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Supreme Court of India again enforces sanctity of Power Purchase Agreements: No relief without force majeure notice or invocation of correct contractual provision

The Hon’ble Supreme Court of India (“Supreme Court”) in the case of Chamundeshwari Electricity Supply Corporation Limited vs. Saisudhir Energy (Chitradurga) Private Limited and Anr.[1] set aside the judgment passed by Appellate Tribunal for Electricity (“APTEL”)[2] along with the order of the Karnataka Electricity Regulatory Commission (“KERC”).

Supreme Court adjudicated on the issue related to extension of commercial operation date (“COD”) of a solar power developer due to delay in construction/completion of evacuation system by a State Transmission Licensee which was cited as ‘force majeure’ by the developer.

Supreme Court held the developer must invoke the correct clause of the Power Purchase Agreement (“PPA”) to claim extension, and omission to do so, including failure to issue a force majeure notice, does not entitle any relief to the developer.

Brief facts

Saisudhir Energy (“Saisudhir”) i.e. a Section 63 solar power developer approached KERC and sought (a) restoration of its encashed Performance Bank Guarantee (“PBG”) by Chamundeshwari Electricity Supply Corporation Limited (“CESC”); (b) extension of timelines for Conditions Precedent (“CPs”) and Commercial Operation Date (“COD”) of its project, and (c) continuance of the original tariff.

PPA was executed on August 30, 2012 between Saisudhir and CESC. The capacity contracted under the PPA was 10 (ten) MW. The tariff originally decided was INR 8.49 (Indian Rupees eight forty nine paise)/kWh. COD was to be achieved within 12 (twelve) months of the effective date subject to satisfaction of the CPs within 240 (two hundred and forty) days. CPs obligated Saisudhir to acquire land, secure statutory approvals, achieve financial closure, enter into connectivity agreements, and ensure readiness of the evacuation system in coordination with the Karnataka Power Transmission Corporation Limited (“KPTCL”), the State Transmission Utility of Karnataka. Saisudhir sought CESC’s assistance for securing approvals and requested extension of the COD, citing delay in KPTCL’s commissioning of the 220 (two hundred and twenty) kV lines.

Saisudhir approached KERC citing reason for delay as KPTCL’s delay in completion of 220 (two hundred and twenty) kV evacuation lines which made COD impossible within the contractual time.

KERC on January 28, 2015 passed its final order and held that the delay in completion of the evacuation system constituted a ‘Force Majeure’ event under the PPA and accordingly ordered: (a) restoration of the encashed performance security (by CESC) to Saisudhir; (b) extension of the contractual timelines and (c) renegotiation of the project tariff in the light of the revised commissioning schedule. APTEL on March 21, 2018, affirmed KERC’s findings.

Issues

What is the effect of KPTCL’s delay in commissioning the 220 (two hundred and twenty) kV evacuation system?
Whether it is CESC’s entitlement to invoke and encash the PBG?
Whether KERC’s finding of force majeure is sustainable in the absence of the contractual notice under Article 14.5 of the PPA?

Findings and analysis

The Supreme Court adjudicated on the issue related to extension of COD of a solar power developer due to delay in construction/completion of evacuation system by a State transmission licensee which was cited as ‘force majeure’ by the developer. Upon adjudication, Supreme Court held that:

contractual rights and remedies must be asserted within the framework of the agreement, not dehors it;
even if the delay in completion of the evacuation system was beyond the solar power developer’s control, the appropriate provision for relief under the PPA ought to have been invoked;
requirement of notice under the force majeure clause is not merely directory; it is a condition precedent for invoking the clause;
PPA, being the product of a competitive bidding process and having received regulatory approval, must be construed and enforced strictly in accordance with its express stipulations. To permit otherwise, would be to allow KERC or the APTEL to override the parties’ own allocation of risk under the contract; and
the jurisdiction of the regulatory bodies is to ensure compliance with law and to adjudicate disputes within the 4 (four) corners of the contract. It does not extend to recasting the contractual framework by directing restitution of amount lawfully realised under the PPA, or by mandating alterations to tariff and timelines in a manner inconsistent with the agreement.

The Supreme Court interpreted the clauses of PPA and effectively held that relief under PPA ought to be claimed under the correct provision failing which relief cannot be granted.

Conclusion

The judgment aligns with the Supreme Court’s recent line of authority that PPAs must be interpreted and enforced strictly. However, the outcome in this judgment may be harsh. Despite acknowledging that the delay was in fact caused by KPTCL, and that the solar power developer was dependent on the evacuation infrastructure, the lack of procedural compliance, specifically, failure to issue notice or request an extension proved fatal. While upholding sanctity of competitively bid PPAs, this judgment limits the remedial discretion of regulatory commissions.

This Prism has been prepared by:

Poonam Verma Sengupta
Partner

Gayatri Aryan
Principal Associate

For more details, please contact [email protected].

[1] (2025 INSC 1034)(decided on August 25, 2025)

[2] Judgment dated March 21, 2018 in Appeal No. 176 of 2015

Tags Contract Law, Energy Law, Force Majeure, Indian Judiciary, Infrastructure, JSA, JSA Insights, Leading Law Firm, Leading Lawyers, Legal Judgment, Legal Update, Power Purchase Agreement, Regulatory Law, Supreme Court India

JSA Prism | Electricity and Power | August 2025

High-voltage power transmission towers across green fields at sunset, symbolizing large-scale energy infrastructure in India

Supreme Court reinforces commission’s overarching power to ‘fix’ tariff under the Electricity Act 2003 and holds that a Discom cannot be guided by its own interest

On August 4, 2025, Hon’ble Supreme Court of India (“Supreme Court”) examined the validity of Gujarat Electricity Regulatory Commission’s (“GERC”) orders determining project specific tariff of certain Wind Power Developers (“WPDs”) in the State of Gujarat. Such WPDs had already executed Power Purchase Agreements (“PPAs”) with Gujarat Urja Vikas Nigam Ltd. (“GUVNL”) providing for a fixed tariff. While GERC’s Wind Tariff Order dated January 31, 2010 (“WTO”) (passed under Section 62 of the Electricity Act 2003 (“Electricity Act”) provided WPDs with a right to seek project wise tariff, GUVNL opposed it on the ground that they cannot deviate from the fixed tariff as agreed in the PPAs. However, dismissing GUVNL’s contentions, Supreme Court upheld the validity of GERC’s orders in favour of the WPDs and:

held that tariff under Electricity Act is not a matter of private agreement between parties as it is to be fixed statutorily by the Appropriate Commission;
held that GERC’s WTO clearly reserved the rights of the WPDs to obtain project specific tariff;
castigated GUVNL for acting like a private business entity and furthering its own commercial interest by thrusting PPA tariff on the WPDs, which was not applicable to them.

Brief facts

On January 31, 2010, GERC passed its WTO specifying a levelized tariff of INR 3.56/kwh.
The tariff was determined considering that all WPDs availed the benefit of ‘Accelerated Depreciation’ in their projects. For WPDs who did not avail such benefit, the WTO reserved their rights to submit individual petitions for determining project specific tariff.
Control period of the WTO was 3 (three) years. During such period, the WPDs commissioned their projects and entered into separate PPAs with GUVNL.
Clause 5.2 of each PPA provided for a fixed tariff of Rs. 3.56/kwh.
Having executed the PPAs with GUVNL, the WPDs approached GERC seeking project wise tariff determination on the ground that they did not avail ‘Accelerated Depreciation’.
GUVNL’s main objections were:
- WPDs having willingly agreed to the PPA tariff, and PPA being a binding contract, such WPDs have no liberty to seek separate project-wise tariff determination; and
- if the WPDs were willing to opt for project specific tariff, they ought not to have executed the PPAs with GUVNL.

Issue

Whether the WPDs were entitled to approach GERC for project specific tariff determination even though they had previously signed PPAs with GUVNL providing for a fixed tariff?

Findings

The Supreme Court declined to interfere with the impugned judgment wherein the Appellate Tribunal for Electricity affirmed GERC’s statutory power to fix tariff even after execution of PPAs between WPDs and GUVNL. Supreme Court held that:

tariff fixation is a statutory function of the Commission, not a matter of private agreement between parties.
WPDs’ right to obtain project specific tariff is derived from GERC’s WTO (passed under Section 62 of the Electricity Act): In its WTO, GERC clearly stipulated that the levelized tariff (i.e. PPA tariff) shall ONLY apply to those WPDs who availed the benefit of ‘Accelerated Depreciation’ under Income Tax Act, 1961. Other WPDs who did not avail such benefit, were entitled to file individual petitions for project specific tariff. Since WPDs did not avail such benefit, they were entitled to project specific tariff and PPA tariff was not applicable to them.
GUVNL abused its dominant position by binding the WPDs with the PPA tariff:
- since the PPA tariff was inapplicable to WPDs, GUVNL could not have thrust the PPA tariff over them, contrary to GERC’s dictum; and
- by doing so, GUVNL acted unfairly and took unfair advantage of its dominant position.
GUVNL being a state instrumentality is bound to advance State policy promotion of renewable energy generation. It cannot advance its own commercial consideration in isolation on par with a private party, divorced from its responsibility to abide by and further the policy objectives of the State.
GUVNL’s reprehensible conduct:
- by imposing PPA tariff on the WPDs for entire life of the project, GUVNL acted contrary to the state policy of promoting renewable energy generation; and
- GUVNL could not have been solely guided by its own commercial interests, like a private business entity. GUVNL’s conduct as a state instrumentality must be of the standard of a model citizen. Such conduct akin to a shylock, does not reflect positively upon GUVNL.
The decision of whether to avail benefit of ‘Accelerated Depreciation’, could NOT have been taken by WPDs without executing PPA with GUVNL:
As per Income Tax Act 1961, ‘Accelerated Depreciation’ is a tax benefit which the WPDs can only avail after they have commenced power generation; and
WPDs could not have commenced power generation unless they signed a PPA with Discom (here GUVNL). Thus, the respondent WPDs could not be tied with PPA tariff on account of availing ‘Accelerated Depreciation’ after executing PPAs with GUVNL.

Conclusion

This judgment is a testament to the fact that Discoms cannot unilaterally dictate terms of supply of power to generators. Affirmation of commission’s overarching powers in matters of tariff fixation ensures that there remains a commercial equilibrium between generators and Discoms, thereby instilling confidence in generators and consumers across the country. The judgment also serves as a reminder to all Discoms across the country that they do not have a self-interest ‘of their own’ i.e. they are not an end unto themselves, but only a means to an end, the end being ‘policy objectives of the state’.

This Prism has been prepared by:

Poonam Verma Sengupta
Partner

Subham Bhut
Associate

For more details, please contact [email protected].

Tags Discoms, Electricity Act 2003, Electricity Tariffs, Energy Law, GERC, Gujarat, India Law, JSA Newsletter, JSA Thought Leadership, Judicial Update, Power Purchase Agreement, Power Sector, Project Specific Tariff, Regulatory Authority, Renewable Energy, Supreme Court, Tariff Fixation

JSA Prism | Employment |July 2025

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Please click here to download the Prism as PDF.

Gujarat amends Factories Act, 1948 in an effort to promote ease of doing business

The Governor of Gujarat, on has made and promulgated the Factories (Gujarat Amendment) Ordinance, 2025, to introduce significant changes to the Factories Act, 1948 (“Factories Act”), as applicable to the State of Gujarat. This ordinance, effective immediately, aims to generate employment by enabling the State Government to increase work hours, extend total number of work hours without a rest interval, etc. and provides for equal opportunity to work by enabling employment of women workers in night shifts, subject to certain conditions. The amendments were deemed necessary due to an extraordinary situation of national importance to boost economic activities, attract investment to new projects and generate employment.

Key amendments to the Factories Act (as applicable to Gujarat)

Daily working hours: While the Factories Act limited the daily working hours to 9 (nine) hours, the State Government has now been vested with the authority to extend the daily maximum work hours up to 12 (twelve) hours, inclusive of rest intervals, with a maximum of 48 (forty-eight) hours in any week. This is subject to the written consent of the worker, provided that the remaining days of that week for the said worker are paid holidays.
Intervals for rest: While the Factories Act mandated at least half an hour of interval for rest after 5 (five) hours of work, the State Government can now extend the total number of hours a worker can work without an interval to 6 (six) hours, for any group or class of factories, to facilitate flexibility in working hours.
Spread over of working hours: While the Factories Act limited the ‘spread over’ (total duration of a worker’s day, including rest intervals) to 10 ½ (ten and a half hours) hours, the State Government can now increase the spread over up to 12 (twelve) hours, inclusive of rest intervals, for any group or class of factories, to facilitate flexibility in working hours.
Overtime wages: Previously under the Factories Act any worker, who worked in a factory for more than 9 (nine) hours in a day or for more than 48 (forty-eight) hours in a week, would be entitled to overtime wages for the overtime hours of work performed by them at the rate of twice their ordinary rate of wages. Post the amendment, workers would be entitled to wages at twice their ordinary rate of wages for overtime work only if they work for more than 10 (ten) hours in any day or more than 48 (forty-eight) hours in any week, in cases where the work-week comprises of 5 (five) days. However, in cases where: (a) the work-week comprises of 6 (six) days, overtime wages would be payable for any work rendered in excess of 9 (nine) hours a day or more than 48 (forty-eight) hours in any week; and (b) the work-week comprises of only 4 (four) days, overtime wages would be payable for any work rendered in excess of 11 ½ (eleven and a half) hours in any day.
Overtime limit: While Section 65(2) permitted the State Government to grant certain exemptions in relation to daily working hours, spread over, etc., Section 65(3)(iv) of the Factories Act provided that no worker will be allowed to work overtime, for more than 7 (seven) days at a stretch and the total number of hours of overtime work in any quarter will not exceed 75 (seventy-five) hours in any quarter. However, post the amendment, the State Government has now been empowered to provide exemptions under Section 65(2) of the Factories Act in relation to working hours, spread over, etc., subject to a maximum of 125 hours of overtime work in any quarter, instead of previous 75 (seventy-five) hours.

Separately, the Factories (Gujarat Amendment) Ordinance, 2025 has also introduced a new provision in Section 65 of the Factories Act, which provides that a worker may be required to work overtime subject to their written consent for such work has been obtained.

Employment of women in factories (night shifts): Section 66(1) of the Factories Act generally restricted women from working in factories except between 6 A.M. and 7 P.M. However, with the amendment, the State Government now exempt factories or groups of factories from this restriction, allowing women to work between 7 P.M. and 6 A.M., subject to various stringent conditions. These conditions aim to ensure the safety and health of women workers in night shifts and include, but are not limited to:
1. employer’s duty to prevent sexual harassment and provide redressal mechanisms;
2. provision of appropriate working conditions, including health and hygiene, to prevent a hostile environment;
3. proper lighting and CCTV coverage inside and surrounding the factory, and in all places where female workers may move out of necessity. CCTV coverage must be stored for at least 45 (forty-five) days;
4. women workers to be employed in batches of not less than 10 (ten);
5. sufficient women security provided during night shifts at entry and exit points;
6. sufficient rest rooms for female workers to arrive in advance and leave after working hours;
7. transportation facility with security guards (including female security guards), CCTV, and GPS for night shift women workers from their residence and back;
8. not less than 1/3^rd of the supervisory staff in a night shift must be women;
9. a minimum of 12 (twelve) consecutive hours of rest or gap between shifts when a woman worker’s shift changes from day to night or vice-versa;
10. pre-employment screening of antecedents of all drivers, including collection of their biodata;
11. women employees’ telephone numbers, mobile numbers, email IDs, and addresses not to be disclosed to unauthorised persons.
12. careful selection of routes for transportation to ensure no woman employee is picked up first and dropped last;
13. working in night shifts will not be compulsory or obligatory for any woman worker; written consent must be obtained from those interested; and
14. any other condition(s) prescribed by the State Government in the interest of women’s safety.
Change of shift for women workers: The Factories Act did not previously contain any explicit provision in relation to change of shift for women workers. However, pursuant to the amendment, the State Government has clarified that change of shift for woman will only take place after a weekly holiday or any other holiday.

Conclusion

The Factories (Gujarat Amendment) Ordinance, 2025 reflects the State Government’s intention to provide greater operational flexibility to factories, aiming to stimulate economic growth and job creation while concurrently balancing it with worker welfare.

Given the amended provisions, it would be imperative for factory employers in the state of Gujarat to thoroughly understand the new provisions, update their compliance frameworks and leverage these reforms to drive growth and set a benchmark for responsible and progressive industrial development.

This Prism has been prepared by:

Preetha Soman
Partner

Madhur Khandelwal
Senior Associate

Aishwarya Manjooran
Senior Associate

For more details, please contact [email protected]

Tags EaseOfDoingBusiness, EmploymentReforms, GenderEqualityAtWork, GujaratFactoriesAct, IndiaLegalNews, IndustrialReforms, JSA, JSALaw, LabourLawIndia, Leading Law Firm, LegalUpdatesIndia, RegulatoryUpdate, WorkplacePolicy

JSA Prism | Mines & Minerals | July 2025

Please click here to download the Prism as PDF.

India notifies operating right framework for offshore atomic minerals under strategic minerals regime

The Ministry of Mines, in consultation with the Department of Atomic Energy (“DAE”), vide notification dated July 14, 2025, notified the Offshore Areas Atomic Minerals Operating Right Rules, 2025 (“Atomic Mineral Rules”). The Atomic Mineral Rules, notified under the Offshore Areas Mineral (Development and Regulation) Act, 2002 (“OAMDR Act”), operationalise a dedicated legal regime for reconnaissance, exploration, and production of offshore atomic minerals, founded in India’s territorial waters, continental shelf, and exclusive economic zone. By aligning with the Atomic Energy Act, 1962, the Atomic Mineral Rules ensure sovereign control over strategic minerals, while enabling regulated participation by government companies through structured permissions and staged operating rights.

The OAMDR Act, in effect since January 2010, lays the foundation for managing mineral resources in offshore areas, providing for categories of operating rights and delineating the roles of central agencies. The broader framework includes other rules notified in 2024, such as the Offshore Areas Mineral (Auction) Rules, the Operating Right Rules, and the Conservation and Development Rules. The Atomic Mineral Rules form a sector-specific extension of this regime, exclusively governing atomic minerals that meet threshold grade criteria as notified under the Atomic Energy Act, 1962. Where the grade of atomic minerals falls below the prescribed threshold value, such cases will continue to be governed by the general offshore rules notified in 2024.

Salient features

Applicability to notified atomic minerals: The Atomic Mineral Rules apply only to offshore operations concerning atomic minerals (as defined under the Atomic Energy Act, 1962) where the grade is equal to or higher than the prescribed ‘threshold value’. If the grade is below the threshold, the general Offshore Areas Operating Right Rules, 2024 apply.
Reconnaissance and exploration without operating rights: Authorised central agencies may undertake reconnaissance or exploration activities without obtaining a formal operating right, in accordance with Schedule A of the Atomic Mineral Rules, provided they submit prior notification to the administrative authority along with details of the proposed area and the intended duration of such operations.
Grant of operating rights to government entities: Upon examination of a geological report prepared in accordance with the parameters specified by the Atomic Minerals Directorate (“AMD”), and confirmation that the threshold grade is met, the administrative authority may nominate a government, government company or corporation for the grant of either a composite license (exploration-cum-production) or a production lease.
Composite license (exploration-cum-production): The prospective licensee is required to submit an exploration plan for approval by the Atomic Minerals Directorate and furnish a performance security equivalent to 0.25% of the estimated value of the resources. Henceforth, the composite licence is granted for an initial period of 3 (three) years and may be extended by a further period of 2 (two) years, subject to fulfilment of applicable conditions.
Production lease: Upon confirmation of resource viability, the prospective lessee may apply for the grant of a production lease. The lessee is required to furnish a performance security equivalent to 0.5% of the estimated value of resources, which must be adjusted every 5 (five) years based on reassessed valuations. The production lease remains valid until the exhaustion of mineral reserves and is governed by an Offshore Mineral Development and Production Agreement executed with the Central Government.
Approval and execution timelines: Both composite licenses and production leases are subject to strict timelines for submission of applications, approvals, signing of deeds, and plan submissions. Failure to comply may result in cancellation and forfeiture of fees or securities.
Atomic mineral reporting and surrender: If atomic minerals are discovered during operations under general offshore rights (e.g., by private parties), the operator must report to the DAE, AMD and the administering authority. If threshold grade is met, the operator must surrender the area but is eligible for reimbursement of exploration costs as determined by the Government.
Exclusive domain of DAE: The DAE retains exclusive rights to notify threshold values, approve plans, control environmental and radiological safety, and authorise processing or disposal of atomic minerals. No activity can proceed without DAE clearance, even if covered under other offshore rules.
Security, defence, and strategic clearances: Prior to the grant of any operating right, the Central Government is required to consult with relevant ministries and departments, including those dealing with defence, environment, external affairs, home affairs, space, fisheries, and petroleum. Furthermore, the deployment of vessels, use of equipment, or engagement of non-Indian contractors in offshore operations must adhere to prescribed protocols, including prior intimation, inspection procedures, and applicable visa and security clearance requirements.
Environmental restoration and reporting: Operators are required to undertake marine environmental restoration following the completion or cessation of offshore activities, as per directions issued by the Central Government. They must also maintain daily operational records and submit periodic reports, including annual summaries, to designated.

Conclusion

The Atomic Mineral Rules introduce a structured, compliance-heavy framework for the grant and execution of offshore atomic mineral rights. By restricting direct access to government entities and ensuring oversight by the DAE, the Atomic Mineral Rules reinforce national interest safeguards while enabling scientific exploration and secure mineral development. Entities authorised under the Atomic Mineral Rules must be prepared for layered approvals, technical scrutiny, and high accountability. As India looks to harness its offshore atomic mineral potential, the Atomic Mineral Rules provide the legal and institutional scaffolding for secure and strategic resource governance.

This Prism has been prepared by:

Vishnu Sudarsan
Partner

Sugandha Somani Gopal
Partner

Kartikeya GS
Partner

Vihaan Pathak
Associate

For more details, please contact [email protected]

Tags AtomicMinerals, DepartmentOfAtomicEnergy, EnergySecurity, IndiaEnergyPolicy, JSA, JSALaw, Leading Law Firm, LegalUpdatesIndia, MiningRegulation, NaturalResourcesLaw, OffshoreMining, StrategicMinerals

JSA Newsletter | ESG | June 2025 Edition

Legal and engineering oversight of a solar energy project.

Please click here to download the Newsletter as PDF.

High Court order

Punjab and Haryana High Court on illegal mining in river Satluj

The High Court of Punjab and Haryana, in its order dated June 13, 2025, in the case of Gurdial Singh Kachure vs. The State of Punjab[1] dismissed the petition for grant of anticipatory bail to the petitioner who is the registered owner of the JCB machine indulging in illegal mining in river Satluj. The court stated that humanity has suffered enough environmental damage especially to the river as well as to the environment at large, and that the offence of illegal mining in rivers needs to be taken in all seriousness despite less punishment prescribed under the Mines and Minerals (Development and Regulation) Act, 1957 and therefore, the Court deemed it appropriate not to interfere in the matter.

Kerala government informs Kerala High Court to file an admiralty suit against MSC Mediterranean Shipping Company SA

The High Court of Kerala, in its order dated June 12, 2025, in the case of Mr. T.N. Prathapan vs. Union of India & Others[2] has directed both the Central and State Governments to take swift and effective measures to secure compensation and protect the marine environment following another maritime accident involving the ship WAN HAI 503 near Kerala’s Kannur coast. The case arises from the mishap involving a ship ‘WAN HAI 503’ which caught fire off the Kannur coast, with a likelihood of substantial risk to the marine environment.

Further, the court in its next hearing dated June 19, 2025, stayed the negotiation process initiated by the State with the MSC Mediterranean Shipping Company SA over the loss caused due to the sinking and consequent cargo loss of MSC Elsa stating that that negotiations concerning substantial environmental damage should not be conducted behind closed doors without public disclosure or procedural safeguards as it could raise questions about the transparency and fairness of the negotiations. The court reasoned that it could be argued that since the harm affects the public directly, the process of settlement cannot remain confidential or hidden from public view and that the public has a right to know the basis of the negotiations, the extent of the damage assessed, the terms being proposed, and the principles on which the settlement is being structured. Secondly, whether such a binding settlement between the State and the Respondent-Company could affect the claims in the proposed Admiralty Suit as there could be a risk that once an agreement is signed, it may affect subsequent legal steps, even if the terms are not adequate or fair.

National Green Tribunal order

National Green Tribunal directs Central Pollution Control Board to modify its siting criteria guidelines

The National Green Tribunal Southern Zone, Chennai, vide order dated June 25, 2025, in the case of Muhammed Risham vs. District Collector Office & Ors., has directed the Central Pollution Control Board (“CPCB”) to modify its siting criteria guidelines and prescribe the siting criteria even for areas where the master plans or detailed town planning schemes are not in place and the areas have not yet been designated into residential/commercial/mixed residential/industrial. Further, the tribunal stated that such an exercise should be taken up immediately by the CPCB and pending the same, the Petroleum & Explosives Safety Organization and the Revenue Authorities must make field inspections and identify the number of residences in the said area and consider the grant of no objection certificate, treating the areas with many residential buildings on par with ‘designated residential area as per local laws. This order arises from a case where the siting criteria guidelines issued by the CPCB for new petroleum retail outlets were not clearly defined for areas lacking specific local law designations.

Regulatory updates

Draft Plastic Waste Management (Second Amendment) Rules, 2025

The Ministry of Environment, Forest and Climate Change (“MoEFCC”), vide notification dated June 3, 2025, notified the Draft Plastic Waste Management (Second Amendment) Rules, 2025.

The key amendments proposed are as follows:

a note is added to both sub-paragraph 7.2 clause (d) (obligation for use of recycled plastic content for producer), and sub-paragraph 7.3, clause (d) (obligation for use of recycled plastic content for importer), of Schedule-II to the 2016 Rules, providing the meaning of statutory requirement (to mean the case where use of recycled content is not allowed by any other law in force) and technical requirement (to mean the case where use of recycled content renders the packaged material unfit for intended use); and
the producer/importer/brand owner may be allowed to carry forward any shortfall in fulfilment of mandatory use of recycled plastic in plastic packaging for the year 2025-26, for a period of 3 (three) years starting from 2026-27, over and above the target mandated for those years.

These amendments mark a practical step forward in India’s approach to plastic waste management. By defining clear exemptions and allowing companies to carry forward compliance shortfalls, the new rules make it easier for businesses to shift towards using more recycled plastic. Ultimately, this balances environmental goals with the realities faced by industry, supporting a smoother transition to sustainable practices.

Draft guidelines for storage and handling of waste solar photo-voltaic modules or panels or cells

CPCB, vide notification dated June 4, 2025, has issued the Draft Guidelines for Storage and Handling of Waste Solar Photo-Voltaic Modules or Panels or Cells. The draft guidelines propose rules to encompass the management of waste electrical and electronic equipment, including their components, consumables, parts and spares including solar photo-voltaic modules or panels or cells. They are intended to provide technical guidance to transport, handle and store the waste generated in an environmentally sound manner which must protect the health and environment. It will be applicable to the producers, manufacturers and recyclers of solar photovoltaic panels or modules or cell. The collection and transportation of solar waste is to be done in the following manner:

it must be ensured that solar waste shall never be disposed of or dumped in open area, as it may release toxic chemicals into the environment, and it must never be sold to unauthorized entities;
after assessing the requirement of storage, producers and manufacturers must devise a collection mechanism from consumer/bulk consumer which may include take-back through different stakeholders;
producers and manufacturers must publicize their collection system which may include details of their collection points for the collection of waste solar waste, take-back schemes implemented through dealers, if any;
producers and manufactures may provide consumer/ bulk consumer following details of their take-back system: (a) link of their web site where information pertaining to take-back system is available; (b) contact number of a designated person for handling queries regarding the take-back system and grievance support; (c) details of their collection system including, collection points/pick up vans linked to collection centres for depositing solar waste (d) details of authorized recycling facilities who can take-back solar waste; and (e) producers may maintain a database of consumers/bulk consumers and their site details while selling solar panels or modules or cells so that consumers/ bulk consumers can be approached for collection of solar waste.
transportation of solar waste should be done in covered trucks, preferably in trucks authorized for transportation of hazardous wastes; and
while transporting solar waste destined for final disposal the sender should follow the provisions under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

Framework for environment, social and governance debt securities

SEBI, vide circular dated June 5, 2025, has issued the operational framework for Environment, Social and Governance (“ESG”) debt securities (“Framework”) to facilitate issuers to raise funds through issuance of ESG debt securities (other than green debt securities). Some of the key provisions are as follows:

the Framework will be applicable to ESG debt securities labelled as ‘social bonds’, ‘sustainability bonds’ and ‘sustainability-linked bonds’ that are listed or proposed to be listed on a recognised stock exchange;
debt securities will be labelled as ‘social bonds’ or ‘sustainability bonds’ or ‘sustainability-linked bonds’ only if the funds raised through the issuance of such debt securities are earmarked for financing or refinancing projects and/or assets aligned with any of the following recognized standards or fall under the definitions given in the following paras: (a) International Capital Market Association (ICMA) Principles / Guidelines; (b) Climate Bonds Standard; (c) ASEAN Standards; (d) European Union Standards; and (e) Any framework or methodology specified by any financial sector regulator in India;
initial disclosure requirements, continuous post-listing obligations and appointment of independent third-party reviewer/certifier for ‘social bonds’, ‘sustainability bonds’ and ‘sustainability-linked bonds’ are prescribed in this Framework; and
the Framework outlines the responsibilities of the issuer of social bonds/sustainability bonds. An issuer of social bonds/ sustainability bonds must: (a) maintain a decision-making process which it uses to determine the continuing eligibility of the project(s) and/or asset(s); and (b) ensure that all project(s) and/or asset(s) funded by the proceeds of social bonds / sustainability bonds, meet the documented objectives of social bonds/ sustainability bonds and utilise the proceeds only for the stated purpose, as disclosed in the offer document;
measures to mitigate the risk of purpose- washing are prescribed. An issuer desirous of issuing social bonds/ sustainability bonds must ensure the following to avoid occurrence of purpose-washing:
while raising funds for social objects/ sustainability objects, the issuer must continuously monitor if operations undertaken are resulting in reduction of the adverse social impact/ sustainable impact, as defined in the offer document;
issuer must not utilize funds raised through social bonds/ sustainability bonds for purposes that would not fall under the prescribed categories of social bonds/ sustainability bonds;
in case any such instances of misuse of funds in respect the social bonds/ sustainability bonds already issued are identified, the issuer must disclose the same to the investors and, if required, by majority of debenture holders, undertake early redemption of such debt securities;
issuer must not use misleading labels, hide trade-offs or cherry pick data from research to highlight social practices/ sustainable practices while obscuring others that are unfavorable in this behalf;
issuer must maintain highest standards associated with issue of social bonds/ sustainability bonds while adhering to the rating assigned to it;
issuer is required to quantify the negative externalities associated with utilization of the funds raised through social bonds/ sustainability bonds; and
issuer must not make untrue claims, giving false impression of certification by a third-party entity.

Appointment of Director General of Forests and Special Secretary as the Management Authority under the Wild Life (Protection) Act, 1972

MoEFCC vide notification dated June 11, 2025, has notified that the Central Government has designated the Director General of Forests and Special Secretary, MoEFCC, as the Management Authority for the purpose of discharging the functions and exercising the powers under the Wild Life (Protection) Act, 1972.

SEBI to Introduce ‘Validated UPI Handles’ and ‘SEBI Check’ for secured payments by investors to enhance investor protection and combat fraud

SEBI, vide circular dated June 11, 2025, has issued a press release notifying that with effect from October 1, 2025, SEBI will introduce a structured and validated UPI address mechanism, featuring the exclusive “@valid” handle, for all SEBI-registered investor-facing intermediaries. The core of this new framework is a mandatory, structured UPI address for intermediaries, composed of a username and a unique handle:

Username: This will be a readable name chosen by the intermediary, followed by a mandatory suffix that clearly identifies their category.
Exclusive “@valid” Handle: The handle will feature a unique and exclusive identifier, “@valid”, combined with the name of the self certified syndicate bank.
Visual Verification: To ensure easy identification of legitimate transactions, investors will see a clear visual cue, a “Thumbs-Up inside a green triangle” icon, when making a payment to a registered intermediary through this new handle.
Mandatory QR Code: Intermediaries are also required to generate a QR code that prominently features this “thumbs-up” logo for investor convenience.

Draft Greenhouse Gases Emission Intensity Target Rules, 2025

MoEFCC, vide notification dated June 23, 2025, has issued the Draft Greenhouse Gases Emission Intensity Target Rules, 2025. The objective of the draft rules is to contribute to the attainment of the Nationally Determined Contribution by reducing greenhouse gases emission intensity through the reduction or removal or avoidance of greenhouse gases emissions and to promote the adoption of sustainable, cutting-edge technologies across traditionally high emission industries, for addressing climate change. Provisions relating to Greenhouse gases Emission Intensity (“GEI”) targets, obligations of the obligated entity(s), manner of issuance of carbon credit certificates are introduced.

A total of 450+ obligated entities across aluminium, iron & steel, petroleum refineries, petrochemicals, and textiles are covered in the Schedule, and each is assigned annual emission intensity reduction targets for 2025-26 and 2026-27, based on their 2023-24 baselines. Entities are expected to achieve these targets annually, either through direct reduction in emission intensity or by purchasing carbon credit certificates from the Indian Carbon Market.

Further, in case an obligated entity fails to comply with GEI target or fails to submit the carbon credit certificates equivalent to the shortfall for compliance, CPCB will impose environmental compensation on such obligated entity for the shortfall in the respective compliance year which will be equal to twice of the average price at which carbon credit certificate is traded during the trading cycle of that compliance year. The average price will be determined by the Bureau of Energy Efficiency. The environmental compensation must be paid within the 90 (ninety) days from the day of such imposition.

This Newsletter has been prepared by:

Amit Kapur
Partner

Sugandha Somani Gopal
Partner

Komal Karnik
Associate

For more details, please contact [email protected].

[1] 2025:PHHC:076092

[2] WP(PIL) NO. 50 OF 2025(S)

Tags CPCB, Energy, EnvironmentalLaw, ESGCompliance, GreenRegulations, IndiaLegalUpdates, JSA, JSAUpdates, Leading Law Firm, Leading Lawyers, MoEFCC, RegulatoryNews, SEBI, SustainableGovernance

Power and Energy Laws | Semi-Annual Compendium 2025

Cooling towers and electric transmission tower under a vibrant sunset sky

This Compendium consolidates the key developments pertaining to the power and energy laws, which were circulated as JSA Newsletters/Prisms during the calendar period from January 2025 till June 2025.

To read further details, click here or refer to the below document.

For more details, please contact [email protected]

*In case the document is not visible on the device you are using, please click the link above.

Tags Electricity Act, Energy Laws, Energy Policy, JSA, JSA Legal, Leading Law Firm, Leading Lawyers, Legal Updates, Power Laws, Power Sector India, Regulatory Updates

JSA advises Navalt Green Mobility in connection with its strategic investment from BanyanTree

Solar panels, wind turbines, and a power transmission tower generating renewable energy at sunrise

JSA represented Navalt Green Mobility Private Limited (“Navalt”) and its promoters in raising strategic investment from BanyanTree.

Navalt, led by Sandith Thandasherry, a naval architect, is India’s leader in electric boat design and manufacturing. The company pioneers solar-electric and hybrid ferries, offering sustainable and efficient alternatives to traditional diesel-powered vessels.

As part of the transaction, JSA provided end-to-end legal support, including negotiating and finalizing transaction documents, as well as assisting with closing and post-closing actions.

The transaction team comprised Partner, Archana Tewary and Principal Associate, Savio Tom.

Tags #JSADeals, #LegalAdvisory, #SolarEnergy, ArchanaTewary, BanyanTreeInvestment, ElectricBoats, GreenMarine, IndiaStartups, JSA, SavioTom, SolarFerries, SustainableMobility

New Filters: Energy (including nuclear energy, oil & gas, hydrogen & renewable energy)

Parliament passes the Mines and Minerals (Development and Regulation) Amendment Act, 2025

Salient features

Conclusion

Maharashtra exempts renewable energy projects under notified schemes from non-agricultural permissions and taxation

Background

Key provisions of the Circular

Analysis of legislative framework

Implications

Conclusion

Supreme Court of India again enforces sanctity of Power Purchase Agreements: No relief without force majeure notice or invocation of correct contractual provision

Brief facts

Issues

Findings and analysis

Conclusion

Supreme Court reinforces commission’s overarching power to ‘fix’ tariff under the Electricity Act 2003 and holds that a Discom cannot be guided by its own interest

Brief facts

Issue

Findings

Conclusion

Gujarat amends Factories Act, 1948 in an effort to promote ease of doing business

Key amendments to the Factories Act (as applicable to Gujarat)

Conclusion

India notifies operating right framework for offshore atomic minerals under strategic minerals regime

Salient features

Conclusion

High Court order

Punjab and Haryana High Court on illegal mining in river Satluj

Kerala government informs Kerala High Court to file an admiralty suit against MSC Mediterranean Shipping Company SA

National Green Tribunal order

National Green Tribunal directs Central Pollution Control Board to modify its siting criteria guidelines

Regulatory updates

Draft Plastic Waste Management (Second Amendment) Rules, 2025

Draft guidelines for storage and handling of waste solar photo-voltaic modules or panels or cells

Framework for environment, social and governance debt securities

Appointment of Director General of Forests and Special Secretary as the Management Authority under the Wild Life (Protection) Act, 1972

SEBI to Introduce ‘Validated UPI Handles’ and ‘SEBI Check’ for secured payments by investors to enhance investor protection and combat fraud

Draft Greenhouse Gases Emission Intensity Target Rules, 2025

Deals & Matter Corner

Articles & Publications

JSA Live

Blogs

Disclaimer & Confirmation