Job Purpose
Job Purpose Description
Job Context & Major Challenges
Job Context : Company need to focus more in the coming years. First is the area of compliance to varied and sometimes complex, statutory processes and requirements. Considering the way in which the society and the business environment around us are evolving any shortcomings in compliance that may occur because of inadequate knowledge or ignorance have become extremely costly. Company has initiated systems to ensure total compliance-always and without fail. But this is also about the culture. Besides putting in systems, it is equally important that company managers imbibe a culture of 100% compliance in every sphere of operations. Today companies for its existence are required to comply with the various stringent Corporate Laws and numerous other legislations and regulations and thus are burdened with complexities and repercussions of these enactments. A mere violation or inadvertent delay in complying with the Statutory Requirements not only result in levy of damages but also prosecution and disruption of business even leading to closure of the business unit. Therefore ensuring legal compliance is of prime importance.
Sustainability is at the core of Hindalco's Management System Framework (HMSF). It brings together all elements of the business to achieve excellence in a manner which is predictable, sustainable, and consistent. Hindalco has introduced a whole set of principles which defines what the people in the company actually commit to. Besides leadership, diversity and execution excellence, sustainability is one of the key principles adopted by Hindalco.
As per the direction of MD, each unit needs to hold a Compliance Committee meeting in the First week of every month, and minutes of the said meeting are required to be forwarded to the Company Secretary for placing before the Corporate Compliance Committee. The compliance review meetings by units have to be held during the first week of each month and corporate review on the compliance issue is done on the 2nd Tuesday of each month.
Being industrial area the temptation to grab company precious land is more often resulting large numbers of Civil & Criminal cases between the company & the land grabbers. The land related issues are endless and very care has to be taken to see that these issues do not hamper production or day to day business of the company . Roznama is a web based litigation management solution that has been adopted by Corporate Legal Cell for understanding, managing, controlling and strategizing litigation across the company providing comprehensive solution to manage complex litigation portfolio.
Job Challenges
Laws relating to Environment and Forests have become more stringent and is under constant scanner of Regulatory authorities. Various Show Cause Notices by regulatory authorities cast unnecessary imposition of costs, these imposition may cost heavy for the company, if not contested at right time in the right prospective. This also requires assimilation of information pertaining to latest legal developments and pronouncements of superior courts. Keeping in track with recent developments in applicable laws and regulations is major challenge. Besides this some external constraints such as regulatory authorities biased attitude, also acts as barrier to get desired result. The legal enforcement system of the country is rapidly changing to keep pace with best global practices. New enactments are being introduced for facilitation of International business and bringing speed and transparency in the business of Government. Collecting relevant information, timely making of briefs of the case, drafting of pleadings, co-ordination counsels and carrying out in house legal research for efficient conduction of litigation.
Key Result Areas
KRA (Accountabilities) (Max 1325 Characters)Supporting Actions (Max 1325 Characters)
KRA1 Monitoring and enabling of Legal Compliance at Renukoot Cluster comprising Renukoot, Renusagar and Mahan Units. 1. Identification, Analyzation & Appraisal of all applicable enactments in Renukoot Cluster comprising Renukoot, Renusagar and Mahan Units.
- As an co-ordinator for corporate Legal compliance tool, monitoring and facilitating Compliance Users of Renukoot Cluster comprising Renukoot, Renusagar and Mahan Units is being constantly done.
- Legal Awareness programme on applicable enactments for Renukoot Cluster comprising Renukoot, Renusagar and Mahan Units is taken up for all concerned.
- Preparation and timely up dation of all checklists of applicable enactments is done and circulated to all concerned kept readily available.
- Conducting Legal Compliance Audit at Renukoot Cluster comprising Renukoot, Renusagar and Mahan Units, suggesting corrective measures and carrying follow up audit.
- Risk Assessment Analysis is carried out on the basis of non compliance report and accordingly priority targets are set to overcome the issue with respective client department.
KRA2 Monitoring and Conducting Litigation preparing Pleadings & filing Replies, Written statement, Appeals, Writs and finalizing replies to show cause notices, execution of decrees, orders received from authorities and to ensure availability of facts from client dept & supplement the same with legal input. 1. To monitor Civil, Criminal, Revenue, and Stamp cases before High Court, District Courts & Revenue Board and obtaining injunction orders to restrain anti company activities by outsiders.
- Collection of factual information and relevant documents from client departments
- Vetting & finalizing pleadings in the light of available facts, evidence, interaction with internal clients and the external experts for developing arguments. Research on case laws as applicable to the issue.
- Discussion with concerned department persons about the real cause of the issue.
- Preparation of narrative & brief history of erstwhile like cases being dealt by the company for submission to the management and discussion thereof.
- Preparation and finalization of pleadings, documentation for the purpose of filing the case.
- Selecting, motivating & training of right person for imparting evidence on behalf of company.
- Co-ordinating with public prosecutors, Government Counsels in connection with pending legal issues.
- Monitoring of judicial proceedings for timely submission of documents, evidences & relevant replies on behalf of company on the issue.
KRA3 To monitor and maintain MIS of Licenses, Approvals, Consents, Authorizations, Forest permissions granted to Renukoot Cluster Units, furnishing periodical statutory data of the cluster to the corporate steering committee for various purposes like due diligence activities. 1. Monitoring of about 270 Licenses, Approvals, Consents, Authorizations, Forest permissions granted to Renukoot Cluster Units.
- Comprehensive List of Licenses, Approvals, Consents, Authorizations, Forest permissions has been prepared and kept readily available.
- Through comprehensive list of approvals, constant monitoring is done pertaining to timely renewal and up dation of these consents.
- Monitoring of various stipulations enumerated in the licenses etc. have been captured separately from compliance point of view.
KRA4 Co-ordinator for monthly compliance review meeting chaired by Unit Head along with Unit Senior Management team accompanied by Compliance Users mapped in the compliance Tool for enactments applicable to Renukoot Cluster- comprising Renukoot, Renusagar and Mahan Units 1. As per the direction of MD, each location needs to hold a Compliance Committee meeting in the First week of every month, and minutes of the said meeting are required to be forwarded to the Company Secretary for placing before the Corporate Compliance Committee.
- This process requires capturing relevant data in the Compliance Tool, to ensure reviewing the status of the compliance in the tool, receipt of show cause notice etc by Unit. The status report of compliance by various departments and sections in the Unit is collected and collated for submission to Corporate Steering Committee, which is also sent along with MOM of the monthly compliance review meeting held by the COO along with Unit's senior management team and compliance users to do a review at the unit level.
- For this meeting statutory Compliance Data from Renukoot Cluster- comprising Renukoot, Renusagar and Mahan Units is obtained on SCN, status of statutory contributions like P.F/E.S.I, Environmental and Forest related issues, deviations from any compliance if any and remedial action taken.
- The statutory datas obtained from units of Renukoot cluster is organized, collated, summarized and is presented in the meeting.
- MOM of the meeting is prepared consisting of directions and instructions passed .
KRA5 Providing Legal support and facilitating Regulatory Affairs Team in timely getting regulatory consents, permissions from the authorities. 1. The Regulatory Affairs Team is responsible for obtaining various regulatory consents under Petroleum Act, Explosives Act, Boiler Act, Factories Act. The latest amendments and circulars passed in these enactments are intimated and new format are circulated to them so that proper documentation is prepared.
- One of the herculean task is that of providing non forest land to Forest Department for compensatory Afforestation as an condition precedent for using forest land by company for its various industrial activities, this requires several legal formalities to be carried out under Forest Conservation Act and compliance with often guidelines issued by MoEF. These aspect are taken care of by timely providing the team requisite datas.
- Legal support is provided to complete the mutation process in favour of Forest Department of the land transferred to Forest Department as this is time bound, only after this company is granted fresh/renewed lease of forest land for use.
KRA6 Preparing and maintaining MIS of all litigations pertaining to Renukoot Cluster comprising Renukoot, Renusagar and Mahan Units. 1. Details of Litigations pertaining to Mineral Taxation, Transit Fee, Toll Tax, Cess, Royalty, Entry Tax, Railway Surface Rent, Stamp Duty, Water Rates, RPO, NGT, Land Acquisition Issues, Recovery of Bank.
- Interest, Minimum Wages issue, PIL, CUSTOM Duty and Mining Prospecting Licence, Forest Transit Fees. Civil, Criminal, Railway Claims, Labour Matters is collected and compiled from Renukoot Cluster Units.
- The details of 489 litigations along with financial implications on company is always kept ready and updated as it is often required by Corporate Legal, Company Secretary for various purposes like Due Diligence exercise.
- MIS of Renukoot Cluster Cases is sent to corporate office on Quarterly basis with details of financial implications of impending litigations.
KRA7 Support provided to Corporate Legal Audit Team. From time to time Corporate Audit Team conducts Legal Audit in the Unit. This team is facilitated for conducting audits.
Management Response is prepared on the Audit findings through consultation with respective process owners.
