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MSME Act

(Querist) 11 September 2009 This query is : Resolved 
HI
I want to know that medium enterprise rendering service registered as SSI under IDRA is required to file memorandum and if yes to whom and what is the procedureriven
Adv Lucky CS (Expert) 03 October 2009
For full Act & details:

http://labour.delhigovt.nic.in/act/details_acts/industrialdevelopment/industrialdevelopmentact1951.zip

or

http://siadipp.nic.in/publicat/ip/ipact01.htm

----------------------------------------------------

Sec.10. Registration of existing industrial undertakings.-
15[(1) The owner of every existing industrial undertaking, not being the Central Government, shall, within such period as the Central Government may, by notification in the Official Gazette, fix in this behalf with respect to industrial undertakings generally or with respect to any class of them, register the undertaking in the prescribed manner.]

(2) The Central Government shall also cause to be registered in the same manner every existing industrial undertaking of which it is the owner.
16[(3) Where an industrial undertaking is registered under this section, there shall be issued to the owner of the undertaking or the Central Government, as the case may be, a certificate of registration] 17[containing the productive capacity of the industrial undertaking and such other particulars as may be prescribed].]
18[(4) The owner of every industrial undertaking to whom a certificate of registration has been issued under this section before the commencement of the Industries (Development and Regulation) Amendment Act, 1973, shall, if the undertaking falls within such class of undertaking as the Central Government may, by notification in the Official Gazette, specify in this behalf, produce, within such period as may be specified in such notification the certificate of registration for entering therein the productive capacity of the industrial undertaking and other prescribed particulars.
(5) In specifying the productive capacity in any certificate of registration issued under sub-section (3), the Central Government shall take into consideration the productive or installed capacity of the industrial undertaking as specified in the application for registration made under sub-section (1), the level of production immediately before the date on which the application for registration was made under sub-section (1), the revel of the highest annual production during the three years immediately preceding the introduction in Parliament of the Industries (Development and Regulation) Amendment Bill, 1973, the extent to which production during the said period was utilised for export and such other factors as the Central Government may consider relevant including the extent of under-utilisation of capacity, if any, during the relevant period due to any cause.]

19[10-A. Revocation of registration in certain cases.-
If the Central Government is satisfied that the registration of any industrial undertaking has been obtained by misrepresentation as to an essential fact or that any industrial undertaking has ceased to be registrable under this Act by reason of any exemption granted under this Act becoming applicable thereto or that for any other reason the registration has become useless or ineffective and therefore requires to be revoked, the Central Government may after giving an opportunity to the owner of the undertaking to be heard revoke the registration.]

11. Licensing of new industrial undertakings.-
(1) No person or authority other than the Central Government, shall, after the commencement of this Act, establish any new industrial undertaking, except under and in accordance with a licence issued in that behalf by the Central Government:
Provided that a Government other than the Central Government may, with the previous permission of the Central Government, establish a new industrial undertaking.
(2) A licence or permission under sub-section (1) may contain such conditions including, in particular, conditions as to the location of the undertaking and the minimum standards in respect of size to be provided therein as the Central Government may deem fit to impose in accordance with the rules, if any, made under Section 30.

Regards
Lucky Popli
Krishnum Associates
Legal & Corporate Consultants
Adv Lucky CS (Expert) 03 October 2009
1. MEMORANDUM IS TO BE FILED WITH THE DISTRICT INDUSTRIES CENTRE*, BY A MICRO, SMALL OR MEDIUM ENTERPRISE, AS THE CASE MAY BE.

2. FOUR COPIES OF THE MEMORANDUM SHOULD BE FILED.

3. THERE IS NO FEE FOR PROCESSING THE MEMORANDUM.

4. EXISTING UNITS SHOULD FILL UP ONLY PART II OF THE MEMORANDUM.

5. IN CASE OF ANY CHANGE IN THE INFORMATION, AT ANY POINT OF TIME, PLEASE INFORM THE DETAILS WITHIN THREE MONTH TO DIC.

6. WRITE / TYPE IN BLOCK (CAPITAL) LETTERS

7. LEAVE ONE BLANK BOX AFTER EACH WORD.

8. FILL UP WHICHEVER IS APPLICABLE.

9. ALL CODES OTHER THAN PIN CODE SHALL BE FILLED BY THE OFFICE.

10. FORM WILL BE MACHINE NUMBERED BY THE DISTRICT INDUSTRIES CENTRE.

* To be filed at the DIC under whose jurisdiction the enterprise is proposed to be located.

Regards,
Lucky
Adv Lucky CS (Expert) 03 October 2009
Procedure of Filing of Entrepreneurs Memorandum and other matters, incidental thereto :

1. Form of the Entrepreneurs Memorandum can be downloaded from the internet, the address of which from Directorate dealing with Micro, Small & Medium Enterprises of the State Governments can be obtained / UTs. or the hard copies of the same can be obtained from the District Industries Centres. This form can also be downloaded from the Small Industries Development Organisation website i.e. www.laghu-udyog.com or www.smallindustryindia.com

2. Any person who intends to establish a micro or small enterprise, at his discretion; or a medium enterprise engaged in providing or rendering of services may, at his discretion or a medium enterprise engaged in the manufacture or production of goods shall file the Memorandum of Micro, Small or as the case may be, of Medium Enterprise with District Industries Centre of its area.

3. The District Industries Centre shall fill all the codes in the form of the Memorandum and issue an acknowledgement after allotting an EM number, date of issue and category of the unit within five days of the receipt of the form of Memorandum by post or same day, if the form of Memorandum is submitted in person as well as online.

4. Before issuing the acknowledgement, the District Industries Centres shall make sure that the form is complete in all respect and particularly the form is signed and is accompanied with an undertaking, which is a part of the form of Entrepreneurs Memorandum.
5. The District Industries Centre shall maintain record of all the Entrepreneurs Memorandum so filed in respect of micro, small and medium enterprises engaged in providing and rendering services. District Industries Centres shall forward a copy of the Entrepreneurs Memorandum so filed with EM number allotted to the Small Industries Service Institutes of their State/Jurisdiction.

6. The District Industries Centre shall maintain record of all the Entrepreneurs Memorandum so filed in respect of medium enterprises engaged in production/manufacturing of products and forward one copy each of the Entrepreneurs Memorandum with EM number allotted to Small Industries Service Institutes of their State/Jurisdiction and to Joint Development Commissioner (MSME Pol.) in the Office of the Development Commissioner (Small Scale Industries).

7. The form of Memorandum is in two parts. Any person who intends to establish a micro, small or medium enterprise engaged in providing or rendering of services may file or those who want to establish medium enterprise engaged in the production or manufacture of products shall file Part 1 of the Entrepreneurs Memorandum to District Industries Centre.

8. Once the above enterprises start production or start providing or rendering services, they should file Part II of the Entrepreneurs Memorandum to District Industries Centre.

9. In case of non-filing of Part II of the Entrepreneurs Memorandum within two years of the filing of Part I, the Memorandum (Part I) filed by the entrepreneur will become invalid.

10. In case of change in the investment in plant and machinery or in equipment, the enterprises who have already filed Entrepreneurs Memorandum should inform the District Industries Centre of the same in writing within three month of the change in investment.

11. In case of change of products and that of services or addition in products or services, the enterprises who have already filed Entrepreneurs Memorandum should inform the District Industries Centre of the same in writing within three month of the change.

12. The District Industries Centre shall, in addition of keeping a record, in writing, shall also maintain records electronically on computer.

Regards
Lucky A Popli
Krishnum Associates
Legal & Corporate Consultants
krishnum@hotmail.com


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