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Understanding MSME Registration
MSME stands for Micro, Small and Medium Enterprises and is claimed to register the business that falls under any of these three categories. MSME businesses bring a revolutionary change in the economy for growth, expanding even handed development for all. Therefore, to support MSMEs, the Government of India through various subsidies, schemes, and incentives promotes MSMEs through the MSMED Act. To avail of the benefits under the MSMED Act from the Central or State Government and the Banking Sector, MSME Registration is required.
Micro, Small, and Medium Enterprises (MSMEs) play a vital role in the Indian economy. To avail themselves of various government benefits and incentives, MSMEs need to be registered under the MSMED Act, 2006. This registration process ensures that MSMEs are recognized as such by the government and can benefit from schemes like the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN), the Prime Minister’s Employment Generation Programme (PMEGP), and the National Small Industries Corporation (NSIC) schemes.
Micro, Small and Medium-sized enterprises in any manufacturing and service sector can acquire MSME Registration. Though this registration is not statutory, it is still profitable for business as it presents a range of benefits such as eligibility for lower rates of interest, excise release scheme, tax allowances, and much other support. GST Suvidha Center can help your business obtain MSME Registration to avail of a host of benefits
GST Suvidha Center: A Gateway to MSME Registration
GST Suvidha Center, is one such center that offers MSME registration services. By providing a convenient and accessible platform, the center helps MSMEs complete the registration process efficiently.
Benefits of Registering Your MSME Through GST Suvidha Center
- Convenience: The center is located in a convenient location, eliminating the need for MSMEs to travel long distances to complete the registration process.
- Efficiency: The center streamlines the registration process, reducing the time and effort required.
- Expert Assistance: The staff at the center are trained to assist MSMEs with the registration process, ensuring a smooth and hassle-free experience.
- Government Benefits: Once registered, MSMEs can avail themselves of various government benefits and incentives.
- Legal Recognition: MSME registration provides legal recognition and credibility to the business.
- Due to the MSME registration, the bank loans become cheaper as the interest rate is very low at around 1 to 1.5%. Much lower than interest on regular loans.
There are various tax rebates offered to MSME.
It also allowed credit for minimum alternate tax (MAT) to be carried forward for up to 15 years instead of 10 years
Many government tenders are only open to MSME Industries.
They get easy access to credit.
Once registered the cost of getting a patent done, or the cost of setting up the industry reduces as many rebates and concessions are available.
Business registered under MSME is given a higher preference for government license and certification.
There is a One Time Settlement Fee for non-paid amounts of MSME.
How to Register Your MSME at GST Suvidha Center
- Visit the Center: Locate the center’s address and timings on the official GST portal or local government websites.
- Submit Required Documents: Provide the necessary documents, such as proof of business registration, address, and financial details.
- Verification Process: The center will verify the information provided and assess the eligibility of the MSME.
Registration Certificate Issuance: If approved, the center will issue an MSME registration certificate
Required Documents for MSME Registration
The entity has to submit documents like business address proof, copies of purchase and sale bill, and licenses from regulatory bodies.
Business Address Proof : If the premise is self-owned– Allotment letter, possession letter, lease deed or property tax receipt. If there is a municipal license in the business name or the name of the proprietor, partner or director of the business, no other possession document is required to be submitted. If the premise is rented– Rent receipt and a no-objection certificate from the landlord is required. Also, any utility bill or document evidencing the landlord’s ownership is to be submitted.
Copies of Sale Bill and Purchase Bill : Business is required to submit a copy of the sale bill related to each end product that it will supply. Also, for each raw material that it will purchase, a purchase bill has to be submitted.
Partnership Deed/ MoA and AoA : If the business is a partnership firm, it has to submit its partnership deed. If the partnership firm is registered, it has to submit the registration certificate also.
In the case of a company, a copy of Memorandum of Association and Articles of Association, and certificate of incorporation has to be submitted. With it, a copy of the resolution passed in general meeting, and the copy of board resolution authorizing a director to sign the MSME application is also to be submitted.
Copy of Licenses and Bills of Machinery Purchased : In a few cases, the applicant has to submit a copy of an industrial license which is to be obtained by giving an application to Govt. of India. Further, all bills and receipts related to purchasing and installation of plant and machinery have to be kept safe and required to be submitted on demand.
Government Benefits for Registered MSMEs
Once registered, MSMEs can avail themselves of various government benefits and incentives, including:
- Loan subsidies
- Tax exemptions
- Government tenders
- Procurement preference
- Skill development programs
Conclusion
GST Suvidha Center has emerged as a valuable resource for MSMEs seeking to register their businesses. By providing a convenient, efficient, and accessible platform, the center has simplified the registration process. Registering your MSME through GST Suvidha Center can open doors to various government benefits and incentives, helping your business grow and succeed.
FAQ's
MSME Registration
What is the full form of MSME ?
Micro Small & Medium Enterprises
This is an act for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto
What are called Micro, Small and Medium Enterprises?
An enterprise, engaged in the manufacture or production of goods pertaining to any industry specified in the first schedule to the Industries (Development and Regulation) Act, 1951, (IDR Act, 1951) is said to be : (a) a micro enterprise, where the investment in Plant and Machinery does not exceed Rs.25 lakhs; (b) a small enterprise, where the investment in Plant and Machinery is more than Rs.25 lakhs but does not exceed Rs.5 crore; (c) a medium enterprise, where investment in Plant and Machinery is more than Rs.5 crore but does not exceed Rs.10 crores. An enterprise, engaged in providing or rendering of services is said to be : (a) a micro enterprise, where the investment in equipment does not exceed Rs.10 lakhs; b) a small enterprise, where the investment in equipment is more than Rs. 10 lakhs but does not exceed Rs.2 crore; (c) a medium enterprise, where the investment in equipment is more than Rs.2 crore but does not exceed Rs.5 crore.
What are important clauses in MSMED Act?
“Sec. 15 talks about Liability of the buyer to make payment to Micro and Small Enterprise for goods supplied or services rendered by them to buyer. As per this section payment has to be made within such period as agreed between buyer and seller which should not exceed 45 days in any case. Again as per Sec. 16 if a buyer fails to make payment as per Sec. 15 he is liable to pay interest which will be computed at monthly rate and compounded int. at the rates which will be three times of bank rate notified by RBI. Further as per Sec. 23, interest paid or payable as per Sec. 16 will be disallowed as deduction while computing income under Income Tax Act, 1961. Sec. 23 is an overriding section. “
“The investment in Plant and Machinery should be the original value irrespective of whether the Plant and Machinery are new or second hand. In respect of imported machinery, the following is to be included in calculating the value: a. import duty (excluding miscellaneous expenses such as transportation from the port to the site of the factory, demurrage paid at the port); b. shipping charges; c. customs clearance charges and d. sales tax or value added tax The following are excluded while calculating the investment in Plant and Machinery: (i) equipments such as tools, jigs, dies, moulds and spare parts for maintenance and the cost of consumable stores; (ii) installation expenditure for Plant and Machinery; (iii) research and development equipment and pollution control equipment; (iv) power generation set and extra transformer installed by the enterprise as per the regulations of the State Electricity Board; (v) bank charges and service charges paid to the National Small Industries Corporation or the State Small Industries Corporation. (vi) Procurement or installation of cables, wiring, bus bars, electrical control panels (not mounted on individual machines), oil circuit breakers or miniature circuit breakers which are necessarily to be used for providing electrical power to the Plant and Machinery or for safety measures. (vii) gas producer plants; (viii) transportation charges (excluding sales-tax or value added tax and excise duty) for indigenous machinery from the place of their manufacture to the site of the enterprise. (ix) charges paid for technical know-how for erection of Plant and Machinery. (x) such storage tanks which store raw materials and finished products only and are not linked with the manufacturing process, and (xi) fire fighting equipment. “
If the buyer fails to pay the amount to the supplier, what is the buyer’s liability?
If the buyer fails to make payment of the amount to the supplier as required under section 15, then the buyer is liable to pay compound interest with monthly rests on the amount at three times of the bank rate notified by the RBI.
‘Buyer’ means whoever buys any goods or receives any services from a supplier.
Sub-section (n) of section 2 of the Act, defines a supplier. As per the definition, a supplier means a micro or small enterprise, which has filed a memorandum with the District Industries Centre. Further, “supplier” also includes: (i) the National Small Industries Corporation Ltd.; (ii) a company under the Small Industries Development Corporation of a state or a Union territory. (iii) any company, co-operative society, society, trust or body, engaged in selling goods produced by micro or small enterprises and rendering services which are provided by such enterprises.
Are any disclosures required to be made in the audited financial statements, of the “buyer”?
“As per section 22 of the MSMED ACT, 2006, a buyer in its audited annual statements is required to furnish the following additional information : (a) the principal amount and the interest due thereon (to be shown separately) remaining unpaid to any supplier as at the end of accounting year; (b) the amount of interest paid by the buyer in terms of section 16 along with the amount of the payment made to the supplier beyond the appointed day during each accounting year; (c) the amount of interest due and payable for the period of delay in making payment (which have been paid but beyond the appointed day during the year) but without adding the interest specified under the Act. (d) The amount of interest accrued and remaining unpaid at the end of each accounting year; and (e) The amount of further interest due and payable even in the succeeding years, until such date when the interest dues as above are actually paid to the small enterprise, for the purpose of disallowance as a deductible expenditure under section 23. “
“Section 27, of the MSMED Act, 2006 deals with fines/ penalties: Where a person intentionally contravenes or attempts to contravene or abets the contravention of the following: a. where a person fails, to file memorandum, as required under sub-section (1) of section 8 of the MSMED Act, 2006.b. fails to furnish such information as called by an officer appointed under section 26(1) of the MSMED Act, 2006. In case of first conviction, the fine may extend up to Rs.1,000 and in case of second and subsequent conviction, fine shall not be less than Rs.1,000 and can extend up to Rs.10,000. c.where a buyer contravenes the provisions of section 22 of the Act, 2006 i.e. fails to furnish additional information in his annual statement of accounts, sub section(2) of section 27 states that the fine shall not be less than Rs.10,000/-“
What is Udyog Aadhar Memorandum (UAM)?
UAM is a one-page registration form in a self- declaration format which can be filled online by a Micro, Small or Medium Enterprise (MSME). The MSME will be issued online, a unique identifier i.e. 12-digit Udyog Aadhaar Number which is called the Udyog Aadhaar Memorandum (UAM) Number. It replaces the earlier Entrepreneur Memorandum (EM-I / EM-II) which had a lengthy procedure.
At what stage of my business do I apply for UAM?
UAM is applicable for Udyog Aadhaar (UA) is for running units only. There is no need to apply for upcoming units.
Why is an Aadhaar-linked mobile number required while filing for UAM?
OTP will come to the Mobile (linked with Aadhaar) at the time of UAM registration
What is the advantage of UAM over EM-I/EM-II?
The introduction of UAM as an online user friendly form has reduced the time taken and efforts made in the entire process of applying and verification of the documents for MSME registration.
What is the need to have a UAM?
UAM will help the Micro. Small or Medium Enterprise (MSME) to self-certify its existence, provide bank account details, provide promoter/owner’s Aadhaar details and other minimum basic information required for availing benefits
You can apply for Udyog Aadhar Memorandum (UAM) online by visiting the portal http://udyogaadhaar.gov.in
What is the process / guideline of applying for UAM?
To understand a step-by-step process of applying for UAM, you can visit: https://udyogaadhaar.gov.in/UA/UAM_Registration.aspx where the Guidelines for Fiiling the Online Udyog Aadhaar Form is mentioned
Where can I view / download the UAM form?
You can view or download the UAM form , which is in pdf format from https://udyogaadhaar.gov.in/Web/doc/English.pdf (Englsih form) and https://udyogaadhaar.gov.in/Web/doc/Hindi.pdf (Hindi form)
What are the benefits of UAM registration?
A UAM registered MSME will be eligible for all government scheme benefits like guarantor-free loan, easy loan, loan with low rate of interest, etc. The MSME registered enterprises get the financial support from the Government to participate in foreign expo. The enterprise is also entitled for the Government subsidies. Marketing assistance will be provided.
What are the other advantages of filing UAM?
By filing for UAM, every enterprise is protected by MSMED Acr 2006 to ensure timely payment in respect of supply of goods or rendering of services to any buyer.
What protection does an enterprise get from the MSMED Act 2006?
As per the MSMED Act, if the buyer has purchased goods or aviled services from an MSME which has filed UAM, then the buyer shall make payment on or before the date agreed upon between him and the supplier in writing. The Act further stipulates that if the period between the buyer and supplier is agreed in writing, such period shall not exceed 45 days from the day of delivery of goods or rendering of services.
What is the time taken to register an MSME?
The time taken to issue a UAM is instantaneous if all the mandatory fields in the form are filled correctly. This is because it is an online process based on self-certification
Has EM-I/II been replaced by UAM?
Yes. After the notification dated 18th September 2015, filing of Entrepreneur Memorandum (EM-I/EM-II) by States/UTs has been discontinued and filing of Udyog Aadhar Memorandum (UAM) is now to be done in the portal http://udyogaadhaar.gov.in
What is the date for adopting the UAM and stopping EM-I and EM-II?
Filing of UAM has been notified from 18th Sept 2015. Cases of EM-I/II filed and under process till 18th Sept 2015 may be accepted.
After 18th Sept 2015, there is only one system i.e. UAM for the registration of new MSME units.
How to select NIC Code of the Activity performed by the enterprise?
The NIC code can be selected once the aadhaar number is validated and major activity (manufacturing or service) is selected. In order to simplify the selection of appropriate NIC code, a three-stage drop-down list is available to the users. Please visit : https://udyogaadhaar.gov.in/UA/Document/nic_2008_17apr09.pdf
NIC has been advised to suitably provide this provision in a way that several e-procurement portals in the country, created by the government or private but being used by the government could benefit from the UAM portal in so far as online verification of a MSME unit is concerned.
Is there a difference in the information sought under EM-I/II and the new UAM?
In order to promote ease of doing business for MSMEs, it has been decided to seek lesser information than EM-I/II in the UAM.
How to submit the supporting documents while filing UAM online?
The information sought is on self-certification basis and no supporting documents are required at the time of online filing of UAM.
Whether the new system of UAM encapsulates the change in the line of production?
Yes, since the new system constitutes self declaration format, the change in the line of productions accordingly may be incorporated.
What would happen to those enterprises which do not have Aadhaar Number?
At present Aadhaar Number is mandatory for registration under UAM. However, the DIC will find a way out for covering those cases where Aadhaar Number is not available.
How can I update my Udyog Aadhaar?
To update your Udyog Aadhaar you can visit: https://udyogaadhaar.gov.in/UA/UA_EntrepreneurLogin.aspx
Legally, the EM-I does not exist after 18th Sept 2015. States/UTs will provide all benefits/concessions to MSMEs based on UAM only.
Is there a provision for editing of information in UAM data of an enterprise by GM (DIC)?
No. However, GM DICs , on the UAM portal, shall be able to enter their remarks on the respective information provided by the entrepreneurs while filing the UAM online.
Who has access to the data from the UAM portal?
The UAM Portal shall have suitable provisions to allow officials of the State Governments including GM DICs to have password protected access to data of their jurisdiction.
Whether the new system of registration provides NIC Code in Hindi and English?
Presently the NIC Codes are only available in English. However, the same may be made available in Hindi in due course.
Since the UAM is being filing on self certification basis and the Udyog Aadhaar Number is generated instantly, there cannot be any monitoring of the registration process. However, the enterprises filing the UAM online are liable to provide documentary proof of information provided in the UAM, wherever necessary, to the Central Government, State Government or such person as may be authorized.
Why have power load details not been asked in UAM?
Power load indicates the requirement of energy to the MSME unit. This has no relevance to the activity of the enterprise and the subject matter is dealt by the State/UT Governments.
How can closing of the business unit be recorded by the entrepreneur in the UAM?
It may not be made obligatory for the closing unit to inform about it to the State/UT concerned or the UAM portal.
Is it mandatory to have Aadhaar Number for an Entrepreneur to file Udyog Aadhaar Memorandum?
The Udyog Aadhaar Registration can be done online by individuals themselves in case they have an Aadhaar Number. However, in all exceptional cases, including those of not having Aadhaar number, can still file Udyog Aadhaar Memorandum ,in offline mode(i.e. on paper form), with the General Manager(GM) of the concerned District Industries Centre(DIC). The same has also been notified in the gazette dated 18-09-15. The persons having Aadhaar numbers, by virtue of having provided the demographic as well as biometric details to the state, once and for all, indeed enjoy a greater ease of registration at the UAM portal.
What is the Government’s Vision for Udyog Aadhaar?
The Ministry of MSME had in September 2015 notified Udyog Aadhaar, where the objective would be to simplifying procedures to start a business with a single-page registration form. A large number of enterprises in India were not registered due to the cumbersome paperwork involved in the process and, therefore, could not tap the government schemes for them. The concept of Udyog Aadhaar and ease of registration ensures wider coverage of MSMEs to avail the benefits under various Schemes of Central/ State governments.
Where do I need to complain if there is any issue to resolve?
For nay complaint, an entrepreneur can visit: https://udyogaadhaar.gov.in/UA/Complaint_regtister.aspx
What are the different categories of industry?
Depending upon the pollution and hazard potential of industrial activities, the industries are categorized as red, orange, green, white and exempted.
How would I categories my enterprise?
West Bengal Pollution Control Board (WBPCB) in line with the directions of Central Pollution Control Board (CPCB) has issued new categorization of industries vide Memo No. Memo No.: 1512/4A-18/2010 (Pt.I) Date: 14.06.2016. To categorize your enterprise, please visit the following URL:http://www.wbpcb.gov.in/writereaddata/files/Category-Order%2030-6-2016.pdf
When should I apply for ‘Consent to Establish'( COE )?
Application is required to be submitted before setting up of industry and for expansion/ upgradation of the industry.
How should I apply for ‘Consent to Establish’ (COE)?
You will have to apply online through : http://emis.wbpcb.gov.in/
What are the documents required for ‘Consent to Establish’ (COE)
For details please visit http://www.wbpcb.gov.in/pages/display/45-consent-to-establish.
Has Auto Renewal of Consent to Establish introduced?
“Yes, please go through the Memo No.1749-4A-6/2015 (Part I) Dated: 17/06/2015 of WBPCB. For details please visit http://www.wbpcb.gov.in/writereaddata/files/Order_auto_renewal_Consent_establishment.pdf “
How should I apply for auto renewal of ‘Consent to Establish’ (COE)?
You will have to apply online through : http://emis.wbpcb.gov.in/emis/citizen/noc/emis040101prev_pre.do
When should I apply for ‘Consent to Operate’?
Running units and the units starting operation after establishing as per NOC issued by the Board have to apply for consent to operate.
How should I apply for ‘Consent to Operate’ (COO)?
You will have to apply online through : http://emis.wbpcb.gov.in/
What are the documents required for ‘Consent to Operate’ (COO)?
For details please visit http://www.wbpcb.gov.in/pages/display/46-consent
Has Auto Renewal of Consent to Operate introduced?
“Yes, please go through the Memo No. 1644-4A-6/2015 (Part I) Dated: 17/06/2015 of WBPCB. For details please visit http://www.wbpcb.gov.in/writereaddata/files/Order_auto_renewal_Consent_establishment.pdf “
How should I apply for auto renewal of ‘Consent to Operate’ (COO)?
You will have to apply online through : http://emis.wbpcb.gov.in/emis/citizen/co/emis040201prev_pre.do
What are the conditions for auto renewal of Consent to Operate?
“The conditions for auto renewal of Consent to Operate is as under i) The auto renewal of consent to operate will be applicable for the activities where there is no change in production capacity and pollution load as recorded through the last on-line application for consent. ii) The auto renewal of consent will be applicable if capital investment remains same or changes provided there is no change in production capacity and pollution load. iii) Applicant / industry shall submit a self-certification on compliance of earlier consent conditions. This self-certification shall be duly authorized by the Owner / Board of Directors. iv) The renewal applications shall be filed at least 120 days prior to expiry of the consent to operate validity period. “
Do I need to apply for white category certificate ?
“There is no necessity of obtaining consent for White Category of industries and an intimation to WBPCB is sufficient. Visit URL:http://www.wbpcb.gov.in/writereaddata/files/Category-Order%2030-6-2016.pdf “
Do I need to apply for exempted category certificate?
“Industry / industrial activity mentioned in the Exempted category need not apply for either „Consent to Establish‟ or „Consent to Operate‟ from the Board. Visit URL:http://www.wbpcb.gov.in/writereaddata/files/Category-Order%2030-6-2016.pdf “
How is application fee determined?
For both ‘Consent to Establish’ and ‘Consent to Operate’ application fee depends on the Gross Capital Investment on land, building and plant machinery of the project.
Payment can be made through online payment system i.e. i) through Net Banking; ii) through debit card/ credit card in addition to the offline payment system i.e. over the counter payment at any branch of United Bank of India in West Bengal through system generated challan only.
What is the validity period of Consent to Establish (NOC)?
Under Memo No. 1114-4A-6/2015(Part I) dt. 09.05.2016 of WBPCB, validity period of Consent to Establish (NOC) has been extended to 7 years from 5 years.
What is the validity period of ‘Consent to Operate’ Certificate?
5 Years for ‘Red’ Category and ‘Orange’ category enterprises and 7 years for ‘Green’ category enterprises (order no. 1646-4A-7/2016 dtd. 28/06/2016 of WBPCB).
Is there any provision of third party verification of pollution?
“The Department of Environment, Govt. of West Bengal, has been decided to allow Third Party verification towards environmental compliance of medium risk (Orange Category) industries in the State vide memo no. 3126-4A-6/2015 dated. 18.11.2016 of WBPCB. The list of such organizations as empanelled are available in the Board’s website at the link- http://www.wbpcb.gov.in/pages/display/118-laboratory-recognition “
Is there any timeline for processing the application for ‘Consent to Establish’?
“The time limits fixed for processing applications for Consent to Establish : 1. Red -60 days 2. Orange- 30 days 3. Green- 15 days “
If my category of industry changes due to adoption of new process, what will I do?
You have to apply again for new category. For online application visit URL : http://emis.wbpcb.gov.in/
What I have to do in case if I shift my unit in a new location?
Pollution Certificate is location specific. Hence you have to apply again for fresh registration for new / changed location. For online application visit URL : http://emis.wbpcb.gov.in/
What I have to do in case of there is a change/ amendment in the organization structure ?
You have to intimate the certificate issuing authority regarding the change of organization structure and the authority will amend the same in the certificate.
What is called Hazardous Waste Authorisation?
Hazardous Waste Authorisation is required for the generation, collection, reception, storage, transportation, treatment, disposal or any other manner of handling of hazardous and other wastes listed in Schedules I, II and Parts B & D of Schedule III of the Hazardous Wastes (Management and Transboundary Movement) Rules, 2016
Who needs Hazardous Waste Authorisation?
“• Industrial units generating, collecting, receiving, storing, transporting, treating, disposing or handling hazardous and other wastes • Units/godowns/warehouses of hazardous substances (i.e. pesticides, medicines, etc.) having regular generation of contaminated, discarded or off-specification materials • Laboratories/vehicle service stations, etc. storing or using hazardous substances and having regular generation of hazardous wastes like spent chemicals and solvents, chemical or oil contaminated filters or cloth, chemical or oil bearing residues, etc. • Units engaged in the recycling or reprocessing of hazardous and other wastes • Units providing service of collection/ reception/ storage/ transport/ treatment/ disposal of hazardous wastes and bio-medical wastes. “
How shall I apply for Hazardous Waste Authorisation?
You will have to apply online through : http://emis.wbpcb.gov.in/emis/JSP/citizen/hwa/citizen_hwa.jsp
What are the documents required for applying for Hazardous Waste Authorisation?
For details please visit http://www.wbpcb.gov.in/pages/display/47-hazardous-waste-authorisation
Is there any timeline for processing the application for Hazardous Waste Authorisation?
“The time limits fixed for processing applications for Hazardous Waste Authorisation : 1. Red -60 days 2. Orange- 30 days 3. Green- 15 days”
What is called Bio-medical Waste Authorisation?
Bio-medical Waste Authorisation is required for the generation, collection, reception, storage, transportation, treatment, disposal or any other manner of handling of biomedical wastes listed in Schedule 1 of the Bio-medical Wastes Management Rules, 2016.
Who needs Bio-medical Waste Authorisation?
“• As per Section 10 of the Bio-medical Waste Management Rules, 2016, every occupier or operator handling bio-medical waste, irrespective of quantity, is required to obtain Authorisation. • As per Section 3(m) of the said rules, an occupier is a person having administrative control over the institution and premises generating bio-medical wastes, which includes a hospital, nursing home, clinic, dispensary, vetrinary institution, animal house, pathological laboratory, blood bank, health care facility and clinical establishment, irrespective of their system of medicine and by whatever name they are called. • As per Section 10(n) of the said rules, operator means a person who owns or controls a Common Bio-medical Waste Treatment Facility (CBMWTF) “
How shall I apply for Bio-medical Waste Authorisation?
“You will have to apply online through : http://emis.wbpcb.gov.in/emis/JSP/citizen/bwa/citizen_bwa.jsp “
Is there any timeline for processing the application for Bio-medical Waste Authorisation?
The time limit fixed for processing applications for Bio-medical Waste Authorisation is 60 days
MSME SAMADHAAN-Delayed Payment Monitoring System
· Q.1 What is MSME Samadhaan Portal?
Ans : MSME Samadhaan is a Portal created by Office of DC (MSME), Ministry of Micro, Small and Medium Enterprises (MSME) where Micro and Small Enterprises (MSEs) can file their applications online regarding delayed payments.
· Q.2 Does Ministry of MSME take action on applications filed on MSME Samadhaan Portal?
Ans : No, MSME SAMADHAAN online portal is developed by Ministry of MSME only to facilitate MSEs filing of their applications regarding delayed payments online. The application once filed is forwarded automatically online to the concerned Micro and Small Enterprise Facilitation Council (MSEFC) established by the State/UTs as per the provisions of MSMED Act, 2006. Action on the applications regarding delayed payment is taken by the concerned MSEFC only.
· Q.3 Can Ministry of MSME intervene in matters of MSEFC?
Ans: No. Only the MSEFCs have been empowered as per MSMED Act, 2006 for taking decisions regarding its reference made with them. This office does not intervene in the matters of MSEFCs. Ministry of MSME cannot interfere with judicial functioning of MSEFCs.
· Q.4 Is filing of Udyam Registration (UR) mandatory to file applications on MSME Samadhaan Portal?
Ans: Yes, Udyam Registration (UR) is mandatory for availing all the schemes/benefits of this office including benefits under delayed payment provisions.
· Q.5 How can I get Udyam Registration (UR) Number?
Ans: Registration for Udyam can be done online on the Udyam portal accessible through official website of Ministry of MSME free of cost at following address:-
https://udyamregistration.gov.in/Government-India/Ministry-MSME-registration.htm
· Q.6 Is prior registration of an enterprise mandatory for filing a case in MSEFC?
Ans: As per the provisions of MSMED Act, 2006 and also the judgment of Hon’ble Supreme Court, the benefits of MSME registration cannot be taken retrospective. Hence, prior registration of the enterprise before the date of disputed invoice is mandatory for filing an application.
· Q.7 Is it mandatory to file Delayed Payment Applications online on MSME Samadhaan Portal only?
Ans: No. MSME Samadhaan Portal has been created only to facilitate online applications regarding delayed payments.
· Q.8 Who can convert the application into Regular Reference Petition/claim case?
Ans: The applications are converted into case by the concerned MSEFC.
· Q.9 If there is no action on an application filed by MSEs, whom to contact?
Ans : After submission, the application is automatically forwarded online to the concerned MSEFC. Therefore, concerned MSEFC is to be contacted after filing the application online on MSME Samadhaan Portal. The contact address of concerned MSEFC is mentioned on the acknowledgement sent on the registered email of the applicant.
· Q.10 Is work order compulsory to file application on MSME Samadhaan Portal?
Ans: Yes, work order is compulsory. In case purchase order is oral, an affidavit to that effect is to be submitted.
· Q.11 How to upload multiple invoices?
Ans: Multiple invoices can be combined into single PDF and can be uploaded. The affidavit of oral purchase order is to be included in single PDF.
· Q.12 On which email OTP is sent?
Ans: OTP is sent to the registered email ID in Udyam Registration.
· Q.13 How can an application be closed by applicant enterprise?
Ans: Enterprise can close an application, by following the given steps:-
- Please check your application/case status by clicking on https://samadhaan.msme.gov.in/MyMsme/MSEFC/MSEFC_Entrepreneur_status.aspx
- If application is converted into cases then MSEFC Council will take decision on the application / cases.
- If your application is not converted into case then click on https://samadhaan.msme.gov.in/MyMsme/MSEFC/COM_MSEFC_EntLogin.aspx
- Enter valid udyog aadhaar/ Udyam registration number and mobile number;
- OTP will be sent on registered email id in Udyog aadhaar/ Udyam registration number;
- Enter OTP;
- After that click on Update Payment link, check your application. Then an enterprise can do mutual settlement of the application.
· Q.14 How can an enterprise having EM-II registration file an application on Samadhaan Portal?
Ans: An enterprise having EM-II registration needs to approach the MSEFC concerned and the MSEFC may facilitate it in manually filing the application on Samadhaan portal after verifying the relevant documents.
· Q.15 If an enterprise is getting an error while filing the application, “the date of UDYAM registration should be prior to the date of invoice in dispute”.
Ans: if you have Udyog Aadhaar please migrate your Udyog Aadhaar in Udyam registration (https://udyamregistration.gov.in/). After that the unit (with Udyog Aadhaar number in point no 3 in MSME Samadhaan) details will be displayed then please file your application from the unit.
· Q.16 If an enterprise is getting an error while filing the application “Classification year data does not exist. Please Update your Udyam Registration”.
Ans: Enterprises is requested to update the investment and turnover detail in Udyam registration.
· Q.17 What is the basis of Jurisdiction of MSEFCs?
Ans: The enterprise may select MSEFC of State of corporate office or MSEFC of State of unit as mentioned in Udyam Registration, the place from where the dispute of delayed payment arises. i.e. Enterprise may select MSEFC on the basis of the registered office as well as its branch units given in the Udyam Registration
· Q.18 Whether the claim from a supplier engaged in services/trading sector can be admitted by Council?
Ans: Categories admitted in MSEFCs are in respect of good manufacturing and service rendering sector for which UR has been obtained except registration for NIC codes 45, 46 & 47 and MSEs registered as trading units.
· Q.19 Whether a legal notice by the supplier to buyer is necessary before filling the case in the Council?
Ans: No.
· Q.20 Can a claim be filed for interest alone where the claimant has received principal of dues already?
Ans: Yes.
· Q.21 If there is a false claim from the applicant, can a penalty be imposed by Council?
Ans: No. The petition is to be rejected summarily.
· Q.22 Whether Council should decide on breach of contract between buyer and supplier, such as rejection of goods for quality deficiencies by buyer as a ground for refusal of dues to supplier?
Ans: Breach of contract is not within scope of MSMED Act, 2006. Rejection of goods should be genuine within 15 days of the receipt of goods and its immediate communication to supplier.
· Q.23 How is the penal interest calculated? Whether on (monthly or quarterly) rests.
Ans: On a monthly compounding basis.
· Q.24 Whether the jurisdiction of State Council can be extended to a district where no council is available?
Ans: Yes.
· Q.25 Is there the power of dissent to a member of Council in the proceedings and insisting on recording in minutes?
Ans: Yes, the member can dissent. It is to be recorded. But majority decision prevails.
· Q.26 Whether the members of MSEFC participating in conciliation are barred from being members in Arbitration proceedings?
Ans: No. It is not commercial conciliation or analysis of various contractual liabilities. It is simple arbitration to get compliance of Section 16 of MSMED Act, 2006.
· Q.27 Who is empowered to constitute additional Councils?
Ans: State Government under Section 20 of MSMED Act, 2006.
· Q.28 What is the process of execution of Award and the role of Council in assisting the Claimant?
Ans: Procedure is under Section 36 of Arbitration and Conciliation Act, 1996.
· Q.29 Whether a Government Department as a buyer can be proceeded against in the Council.
Ans: Yes.
· Q.30 If the same or related subject matter is under another court proceedings, whether a claim is admissible in Council?
Ans: If amount is claimed in the Civil Court, then it cannot be claimed before MSEFC.
· Q.31 If an Appellate Court reverts back the case to the Council how it should be dealt with?
Ans: It is to be decided as per instructions of the Higher Court.
· Q.32 Whether Council can deal with criminal offences related to subject matter of claim?
Ans: No.
· Q.33 Whether a time barred receivable from a buyer can be decided by Council?
Ans: Limitation Act is applicable as per Supreme Court judgment in Silpi Industries vs. Kerala Govt.
· Q.34 Whether the claim should be submitted in hard copy also.
Ans: Yes. It is necessary as submission is required duly signed and verified.
· Q.35 How the Council should react, if the applicant abstains from the proceedings of the Council?
Ans: It is at the discretion of the MSEFC Council and it can exercise it own diligence by giving opportunity to the applicant since he has to prove his claim before council.
· Q.36 Is the Award binding on foreign buyer?
Ans: No. The provisions of delayed payment under MSMED Act, 2006 are not applicable to overseas companies.
· Q.37 Whether a claim against deceased buyer or dissolved company of buyer is maintainable in Council?
Ans: Deceased buyer is liable through his legal heirs: But dissolved company is always under some authority and claim is maintainable.
· Q.38 How the company and partnership entities can be represented in the proceedings?.
Ans: A Company through its M.D. with resolution of Board of Directors and Partnership firms through its Managing Partner/s.
· Q.39 Is it absolutely necessary to have purchase/work order as evidence? Can council allow secondary and corroborated evidence?
Ans: No. Acknowledgements on invoice, delivery challans or part payment, email etc. are all accepted.
· Q.40 Whether Members of Council are liable for prosecution if inadvertently an erroneous judgment is delivered by the Council?
Ans: No. On the contrary they are expected to act without fear and favour.
· Q.41 Whether an Award should be with seal of the Council? Who should preserve the original?
Ans: Yes. Award should bear round seal on every page. Original is to be retained by the MSEFC and only certified copies are to be delivered.
· Q.42 Whether consent by absentee members for Award can be obtained by circulation to fulfill quorum requirement?
Ans: The physical presence of quorum of three Members is must as per MSMED Act, 2006.
· Q.43 Whether delayed payment provision under MSMED Act, 2006 are applicable in case of enterprises growing from Small enterprises to Medium enterprises?
Ans: Changes have been made in the Samadhaan Portal in accordance with S.O.4926 (E) dated 18.10.2022. The Notification mentions that in case of an upward change in terms of investment in plant and machinery or equipment or turnover or both, and consequent re-classification, an enterprise shall continue to avail of all non-tax benefits of the category (micro or small or medium) it was in before the re-classification, for a period of three years from the date of such upward change. Accordingly, a small enterprise growing to Medium and covered by the Notification can avail the provision for delayed payment as per Chapter-V of the MSMED Act, 2006.
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