Registrations and Licences – SBEC

Registrations and Licences

PAN (Permanent Account Number)

  • Mandatory under Income Tax Act (Section 139A of Income Tax Act)
  • It is a 10- character alphanumeric number consisting of letter and digits.
  • It helps in identifying the Income Tax Payer

Following are required to hold a PAN card in India

  • Body Corporate
  • Companies
  • Firms other than LLP
  • One Person Company
  • LLP Firm
  • Sole proprietorship
  • Trusts
  • Corporations
  • Limited Liability companies
  • Private firms
  • Other Associations
  • Foreign Institutional Investors
  • Hedge funds

 Further, those individuals who have taxable income shall have PAN Card.

Significance of PAN for Setting up of Business

  • In India PAN is mandatory for every transaction with the income tax department and almost all high-value financial transactions including opening of bank account, receiving taxable income or professional salary, and buying or selling of assets above specified limits, among others.
  • All foreign directors or responsible persons engaged by the Indian subsidiary of a foreign-invested business must register for a PAN if they wish to operate their company accounts, regardless of whether they are based in India or not.
  • Section 139A has specified the categories of transactions where PAN is mandatory
  • In the absence of the PAN, the Government will charge withholding tax which can be at the rate of more than 30% of the total invoiced payment.
  • According to Section 206AA of Income Tax Act, any person entitled to receive any sum or income or amount, on which tax is deductible (TDS) shall furnish his Permanent Account Number to the person responsible for deducting such tax, failing which tax shall be deducted at the higher of the following rates, namely:—
    1. at the rate specified in the relevant provision of this Act; or
    2. at the rate or rates in force; or
    3. at the rate of 20 %.
  • It serves as a reference number of its holder for the Income Tax Department to track the financial transactions carried out by it.

Application and Registration of PAN
Online application can be made

With effect from July 1, 2017, fees for PAN application (including Goods and Services Tax) for dispatch outside India has changed to 1020/- INR. However, PAN application fees for dispatch within India is 110/- INR.

Once the application and payment is accepted, the applicant is required to send the supporting documents through courier/post to NSDL/UTITSL. Only after the receipt of the documents, PAN application would be processed by NSDL/UTITSL.

PAN applications are required to be furnished in the forms prescribed by ITD.

  • Indian citizens will have to submit their ‘Application for allotment of new PAN’ in revised Form 49A only.
  • Foreign citizens will have to submit their ‘Application for allotment of new PAN’ in newly notified Form 49AA only.

TAN (Tax Deduction and Collection Account Number)

  • It is a 10 digit alphanumeric number required to be obtained by all persons who are responsible for deducting or collecting tax.
  • Under Section 203A of the Income Tax Act, 1961, it is mandatory to quote Tax Deduction and Collection Account Number (TAN) allotted by the Income Tax Department (ITD) on all TDS returns.

Types of TAN Applications
There are two types of TAN applications:

  • Application for issuance of new TAN (Form 49B): This application form can be used if the deductor /applicant has never applied for a TAN or does not have a TAN.
  • Application for Change or Correction in TAN data for TAN Allotted.

Procedure to Apply
A deductor may either make an online application through website https://tin.tin.nsdl.com/tan/form49B.html  or submit physical TAN Application to any TIN-Facilitation Center (TIN-FC) of NSDL.

The processing fee for both the applications (new TAN and change request) is 65/- INR (including Goods and Services Tax).

GST (Goods and Services Tax)

According to Article 366(12A) of Constitution of India,

  • Goods and Services Tax is a tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption.

GST is based on the concept of “One Nation One Tax”. It is an indirect tax in which many Union and State Taxes are subsumed.

Refer Class 15.1 of GST

Shops & Establishments

Registration under Shops & Establishments under “Shop and Establishment Act” enacted by every state in India

Meaning of an Establishment for the Purpose of the Act
Establishments included in this Act are commercial establishments, residential hotels, restaurants, eating houses, theaters, or other places of public amusement or entertainment.

Additionally, other establishments that the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act would then classify as establishments.

Meaning of a Shop for the Purpose of the Act
Shop means any premises:

  • Where goods are sold, either by retail, wholesale, or
  • Where services are rendered to customers.
  • It includes an office a store-room, godown, warehouse or work place, whether in the same premises or otherwise, used in connection with such trade/ business.

A shop does not include a factory, a commercial establishment, residential hotel, restaurant, eating house, theater or other place of public amusement or entertainment.

Registration of Shops & Establishments
As a business owner of a shop or establishment, you are compulsorily required to get the same registered under the Shops and Establishment Act. Here are the specific rules:

  1. Submit an application in the prescribed form to the Inspector of the area within 30 days of starting any work in your shop/establishment. The application is to be submitted along with the prescribed fees and should contain the following information:
    • Your name as the employer and the name of a manager, if any;
    • The postal address of your establishment;
    • The name of your establishment;
    • Such other particulars as may be prescribed.
  2. Upon receiving the application for registration and the fees, the Inspector shall verify the accuracy and correctness of the application. Once suitably satisfied, he shall enter the details in the Register of Establishments and issue a registration certificate of your establishment to you. This certificate will be valid for 5 years and has to be renewed thereafter.

It is important that the registration certificate has to be prominently displayed at your establishment.

Communication of Change to the Inspector

  • In case of any change with respect to any of the information given during the application for registration, the same has to be notified to the Inspector’s office within 15 days after the change has taken place.
  • Once again the Inspector will verify the correctness of the details furnished, make the related change in the Register of Establishments, amend the registration certificate or issue a fresh registration certificate, as he may deem fit.

Closing of Establishment to be communicated to Inspector

  • In case the shop or establishment would like to close down the business, the occupier should notify the Chief Inspector in writing within 15 days of the closing.
  • The Chief Inspector after reviewing the request for closure can remove the shop or commercial establishment from the register and cancel the registration certificate.

Micro, Small and Medium Enterprises

Registration under Micro, Small and Medium Enterprises Development Act, 2006

  • More than 94 per cent of MSMEs are unregistered, with a large number established in the informal or unorganized sector.
  • The Act provides for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto.

Objectives

  1. To enumerate and maintain a roll of small industries to which the package of incentives and support are targeted.
  2. To provide a certificate enabling the units to avail statutory benefits mainly in terms of protection.
  3. To serve the purpose of collection of statistics.
  4. To create nodal centres at the Centre, State and District levels to promote SSI.

Classification of enterprises
Central Government may classify any class or classes of enterprises, whether proprietorship, Hindu undivided family, association of persons, co-operative society, partnership firm, company or undertaking, by whatever name called,—

  1. in the case of the enterprises engaged in the manufacture or production of goods pertaining to any industry specified in the First Schedule to the IDRA as—
    • a micro enterprise, where the investment in plant and machinery does not exceed 25 lakh rupees;
    • a small enterprise, where the investment in plant and machinery is more than 25 lakh rupees but does not exceed 5 crore rupees; or
    • a medium enterprise, where the investment in plant and machinery is more than 5 crore rupees but does not exceed 10 crore rupees;
  2. in the case of the enterprises engaged in providing or rendering of services, as—
    • a micro enterprise, where the investment in equipment does not exceed 10 lakh rupees;
    • a small enterprise, where the investment in equipment is more than 10 lakh rupees but does not exceed 2 crore rupees; or
    • a medium enterprise, where the investment in equipment is more than 2 crore rupees but does not exceed 5 crore rupees.

Benefits of SSI/MSME Registration

  1. Easy finance availability from Banks, without collateral requirement
  2. Protection against delay in payment from Buyers and right of interest on delayed payment (Buyer shall pay within 15 days)
  3. Preference in procuring Government tenders,
  4. Stamp duty and Octroi benefits,
  5. Concession in electricity bills
  6. Reservation policies to manufacturing / production sector enterprises
  7. Time-bound resolution of disputes with Buyers through conciliation and arbitration
  8. Reimbursement of ISO Certification Expenses
  9. Credit prescription (Priority sector lending), differential rates of interest etc.
  10. Excise Exemption Scheme
  11. Exemption under Direct Tax Laws.
  12. Financial Assistance for setting up testing facilities through NSIC
  13. Statutory support such as reservation and the Interest on Delayed Payments Act.
  14. Subsidy on ISO Certifications
  15. Subsidy on NSIC Performance and Credit ratings
  16. Participation in Government Purchase registrations
  17. Registration with NSIC
  18. Waiver in Earnest Money (Security Deposit) in Government tenders
  19. Stamp duty and Octroi benefits,
  20. 15% weightage in price Preference.
  21. Reduction in rate of Interest from banks (Subject to ratings)
  22. Free of cost government tenders

Registration Process

  1. Micro & Small Enterprises shall have to apply either online at the website of NSIC (National Small Industries Corporation) i.e. www.nsicspronline.com or on the prescribed application form (in duplicate) along-with requisite fee and send documents to the Zonal/Branch/Sub Branch and Sub Office/Extension office of NSIC situated nearest to their location.
  2. Duplicate copy of the Registration Application Form submitted by the Micro & Small Enterprise will be forwarded to the concerned Inspecting agency along with copies of required documents and requisite Proofs/Draft/Pay Order of inspection charges in favor of concerned Inspection Agency requesting for carrying out the Technical Inspection of Micro & Small Enterprise and forward their recommendations in this regard.
  3. After receiving Inspection Report, NSIC will issue the GP Registration Certificate to Micro & Small Enterprise for items/stores as recommended.

Procedure for calculation & fixation of Monetary Limits of Micro & Small Enterprises.
Monetary limit of the company is fixed on the basis of the unit’s net sales turnover during the last 3 years reflected in the Audited Balance Sheets.

Monetary limit will be fixed on the basis of highest turnover during the last 3 year which may or may not be of last year provided the units installed and operating capacity has not been reduced.

Monetary limit

  • In case there is no decrease in plant and machinery,
    • than 50% of highest turnover during the last 3 years reflected in audited balance sheet will be the basis for fixation of monetary limit.
  • In case there is decrease in plant and machinery for more than 10%,
    • the following will be considered:
      • Where the turnover of the Enterprise has steadily increased over the last three years and the unit is in profit continuously, the Monetary Limit may be fixed at 50% of net sales turnover achieved in the last year.
      • In case the Company/Partnership concern/Proprietorship unit is in loss for one year out of past 3 years, their monetary limit will be fixed at 40% of their average net sales turnover.
      • Similarly, when the Micro & Small Enterprise is in loss for two years out of the past three years, the monetary limit will be accordingly fixed at 30% of their average net sales turnover of the past three years.
      • In the event of Micro & Small Enterprise being in loss throughout past three years, the monetary limit of the Unit will be fixed at 20% of the average net sales turnover of the Unit during the past three years.

Significance of Monetary Limit
Monetory Limit indicates the value of single order that a NSIC Registered Unit can execute without paying any Security Deposit. It is therefore related to Order Value however it is fixed on the basis of a unit’s Net Sales Turnover during the last three years reflected in the Audited Balance Sheets.

Validity Period of Registration (Also known as G.P Registration)
The G. P. Registration Certificate granted to the Micro & Small Enterprise under Single Point Registration Scheme (Revised), 2003 is valid for Two Years and will be reviewed and renewed after every two years by verifying continuous Commercial and Technical Competence of the registered Micro & Small Enterprise in manufacturing / producing the stores for which it has been registered by NSIC.

G.P denotes Government Purchase

Benefit of NSIC Registration
The Government is the single largest buyer of a variety of goods. With a view to increase the share of purchases from the small-scale sector, the Government Stores Purchase Programme was launched in 1955-56. NSIC registers Micro & small Enterprises (MSEs) under Single Point Registration scheme (SPRS) for participation in Government Purchases.

The National Small Industries Corporation (NSIC) enlists small scale units as competent to undertake supply of various items to the Government.

The registered units are extended various facilities so as to promote their participation, and consequently enhance the share in Government purchases.

The rationale of this Scheme is to avoid multiplicity of registration with various Government agencies and to ensure that the units registered with NSIC are considered at par with those registered directly with the purchasing agency.

Some of the benefits are

  • The units registered under Single Point Registration Scheme of NSIC are eligible to get the benefits under “Public Procurement Policy for Micro & Small Enterprises (MSEs) Order 2012” as notified by the Government of India, Ministry of Micro, Small & Medium Enterprises, New Delhi vide Gazette Notification dated 23.03.2012.
  • Issue of the Tender Sets free of cost;
  • Exemption from payment of Earnest Money Deposit (EMD),
  • In tender participating MSEs quoting price within price band of L1+15 per cent shall also be allowed to supply a portion upto 20% of requirement by bringing down their price to L1 Price (L1 Price means Lowest Bidder Price).
  • Every Central Ministries/Departments/PSUs shall set an annual goal of minimum 20 per cent of the total annual purchases of the products or services produced or rendered by MSEs. Out of annual requirement of 20% procurement from MSEs, 4% is earmarked for units owned by Schedule Caste/Schedule Tribes
  • In addition to the above, 358 items are also reserved for exclusive purchase from SSI Sector

Employee’s State Insurance (ESI) (Employees' State Insurance Act, 1948)

Motive

  • To provide the social security and health insurance scheme to Indian workers.
  • This act monitors the provision of cashless medical benefits to employees and their families through their comprehensive network of hospitals and dispensaries throughout India.

Administration

  • It is managed by the Employees’ State Insurance Corporation (ESIC) according to rules and regulations stipulated in the ESI Act 1948.
  • ESIC is an autonomous corporation by a statutory creation under Ministry of Labour and Employment, Government of India.

Who Contributes to the Fund?

  • Employees’ State Insurance Corporation is a legal entity.
  • It can raise loans and take measures for discharging such loans with the prior sanction of the central government and it can acquire both movable and immovable property and all incomes from the property shall vest with the corporation.
  • The corporation can set up hospitals either independently or in collaboration with state government or other private entities, but most of the dispensaries and hospitals are run by concerned state governments.
  • Employer’s Contribution to Fund – 4.75% of the wages paid/payable in respect of the employees in every wage period (Now reduced to 4 % from 2019).
  • Employee’s Contribution to Fund – 1.75% of the wages paid/payable in respect of the employees in every wage period (Now reduced to 1 % from 2019).

Who is required to register?

  • Any employer having more than 10 employees is mandatorily require to take up the ESI Registration.

ESI Registration Process

  • Within 15 days of submission of Employer’s registration form (Form-01), the company or firm is expected to obtain an Identification number or Code Number from the Regional office. This figure will be used in correspondence related to the scheme.

 Documents required:

  • Documents about the establishment of the company.
  • Evidence supporting date of commencement of production/business.
  • List of partners, stakeholders, directors along with necessary information and proof of address.
  • Copy of PAN
  • Identity proof like voter id/passport
  • List of employees

Registration of Employee:

  • At joining the job, an employee required to fill the Declaration form i.e. Form-1 along with a copy of the family photo which the employer will be submitting at the ESI branch office.
  • Within 3 months a permanent photo ID is provided to the employee and will be provided an insurance number for identification purpose under the scheme.
  • Once registered, the registration can be transferred if the employee switches company.

Wage Limit under ESI Registration (Who gets benefits):

  • Employees earning 21,000 INR per month or less are applicable for ESI contribution.
  • Wage limit for Employees with ‘Disability’ is 25000 INR per month.

Provident Fund [Employees Provident Fund Scheme (EPFS) 1952]

Motive

  • To provide financial stability and security to employees when they are temporarily or no longer fit to work

Administration

  • It is administered and managed by the Central Board of Trustees that consists of representatives from three parties, namely, the government, the employers and the employees.  
  • The Employees’ Provident Fund Organization (EPFO) assists this board in its activities.
  • EPFO works under the direct jurisdiction of the government and is managed through the Ministry of Labour and Employment.

Who Contributes to the Fund?

  • Both Employer (3.67%) and Employee (12% of B.S + DA)
  • Rest of Employer’s Contribution (8.33%) is diverted to Employee Pension Scheme (EPS)

Who is required to register?

  • An establishment with 20 or more employees shall register itself
  • An establishment with less than 20 employees can voluntarily opt for PF registration

PF Registration Process

  • A detailed application form called ‘Performa of coverage’ and Form 5A with Annexure-1 has to be filed while registering the company online.
  • After that, a temporary PF registration number allotted, and an employer has to submit all concerning documents online.
  • After that, the PF authorities carry out an inspection of the premises and verify the documents submitted online.
  • Once they are satisfied, a PF allotment letter will grant.

Documents required to be submitted
The documents required to submit with the Performa of coverage for EPF along with list of employees are listed below. It is to be noted that all the required forms are available at the site EPFO & for ESIC

 Essential Document(s) to be submitted (For other than a proprietary concern)

  1. A copy of Memorandum and Articles of Association and the certificate of incorporation issued by the Registrar of Companies, in the case of Public and Private Ltd. Companies.
  2. A copy of partnership deed in the case of partnerships.
  3. A copy of Registration certificate issued by the Registrar of Co-operative societies.
  4. A copy of Registration certificate issued by Registrar in the case of societies registered under Societies Registration Act along with a copy of the objects and Rules of the Society.
  5. Deeds creating HUF.
  6. Any agreement or other legal documents in the case of Association of persons as defined in the Income Tax Act.

FCRA Registration (Foreign Contribution Regulation Act, 2010)

FCRA stands for Foreign Contribution Regulation Act. Under this Act, FCRA Registration is required by certain entities to accept Foreign Contribution (like donations). Main motive is to protect public interest and to maintain the sovereignty and integrity of India.

Charitable Trusts, Societies, Section 8 Company that receive foreign contribution or donation from foreign sources are required to obtain registration.

Eligibility for obtaining FCRA Registration
Organizations seeking foreign contributions for definite cultural, social, economic, educational or religious programmes may obtain FCRA registration or receive foreign contribution through “prior permission” route.
It is preferable for an FCRA applicant to be a Trust or Society or a Section 8 Company.

  • The not-for-profit entity must have also been in existence for a minimum of 3 years while making the FCRA application
  • It should not have received any foreign contribution prior to that without the Government’s approval.
  • It should have spent at least Rs.10,00,000/- over the last 3 years on its aims and objects, excluding administrative expenditure.
  • Statements of Income & Expenditure, duly audited by Chartered Accountant, for last 3 years are to be submitted to substantiate that it meets the financial parameter.

Acceptance of Foreign Contribution without registration
In case a newly registered entity (not having FCRA Registration) would like to receive foreign contributions, then approval for a specific activity, specific purpose and from a specific source can be made to the Ministry of Home Affairs through the Prior Permission (PP) method.

Criteria for grant of FCRA Registration
Once, an FCRA application is made in the prescribed format, the following criteria are check before providing registration.

  1. The ‘person’ or ‘entity’ making an application for registration or grant of prior permission-
    • Is not fictitious or benami;
    • Has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another;
    • Has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country;
    • Has not been found guilty of diversion or mis-utilisation of its funds;
    • Is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends;
    • Is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes;
    • Has not contravened any of the provisions of this Act;
    • Has not been prohibited from accepting foreign contribution;
    • Where the person being an individual, such individual has neither been convicted under any law for the time being in force nor is any prosecution for any offence pending against him.
    • Where the person is other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor is any prosecution for any offence pending against him.
  2. The acceptance of foreign contribution by the entity / person is not likely to affect prejudicially
    • The sovereignty and integrity of India;
    • The security, strategic, scientific or economic interest of the State;
    • The public interest;
    • Freedom or fairness of election to any Legislature;
    • Friendly relation with any foreign State;
    • Harmony between religious, racial, social, linguistic, regional groups, castes or communities.
  3. The acceptance of foreign contribution
    • Shall not lead to incitement of an offence;
    • Shall not endanger the life or physical safety of any person.

Applying for FCRA Registration
Application for FCRA registration can be made using Form FC-3. Along with the application, the following documents must be submitted:

  • Self-certified copy of registration certificate/Trust deed etc., of the association
  • Self-certified copy of relevant pages of Memorandum of Association/ Article of Association showing aim and objects of the association.
  • Activity Report indicating details of activities during the last three years;
  • Copies of relevant audited statement of accounts for the past three years (Assets and Liabilities, Receipt and Payment, Income and Expenditure) clearly reflecting expenditure incurred on aims and objects of the association and on administrative expenditure

Validity of Registration
Once FCRA registration is granted, it is valid for a period of 5 years. An application for renewal of FCRA registration can be made 6 months prior to the date of expiry, to keep the registration valid.

Import Export Code (IE Code)

IEC registration is required by a person for exporting or importing goods. It is a 10 digit code which is issued by the Directorate General of Foreign Trade (DGFT). All businesses which are engaged in Import and Export of goods require registering Import Export Code.

Requirement of IE Code
To start Export Import business, Import Export Code (IEC) is required. It is same as the PAN, however, it is compulsory to apply for IEC and register the firm with DGFT. An IEC Code is mandatory to Export or Import anything from/into India.

DGFT comes under Ministry of Commerce and Industry, Government of India. The main objective of DGFT is regulating and promoting Exports from India.

Application for IE Registration
IEC can be obtained from any of the Zonal and Regional offices of Director General of Foreign Trade depending on area/region where the individual/company is located. An application has to be submitted online at DGFT web site http://dgft.gov.in duly filled in alongwith required documents and fees.

  • Prepare an application form in the prescribed format i.e. AayaatNiryaat form 2A format
  • Prepare the necessary documents related to the applicant identity & address proof and legal entity proof with the bank details & certificate in ANF2A.
  • File application with the DGFT through DSC of the applicant and pay the appropriate fee or cost of the IEC Registration.
  • Once application has been approved, IE Code is provided in the soft copy from the government department.

Features of the Import Export Code (IEC) Registration

  • International Exposure: Without IE Code, one cannot make Import or Export. IEC Code helps you to grow your business from local market to international market and expand your product or service across the global.
  • Government Benefits: Government of India always promote the export activity in India so through IEC Code Registration you can avail all the export scheme benefits from DGFT, Customs and Export Promotion Council.
  • No Renewals: IEC Code issued by the DGFT for the lifetime validity so you have not required renew every year so it’s a just one time cost of the registration.
  • No Annual Compliance: IEC Code have no annual compliance like returns filings etc. Even you have not shown anywhere the transactions.
  • Individual person: IEC Code can be obtain by the individual person also, they have not required to register the legal entity.

Drug License

To start a pharmacy business, a drug license is required.
There are 2 organisation to control the issue of drug license in India

  • The Central Drugs Standard Control Organization and
  • State Drugs Standard Control Organization

Normally, the Drug Control Organization issues two types of licences for operating a pharmacy business.

  • One is the Retail Drug License (RDL) issued to run a general chemist shop.
  • The other is the Wholesale Drug License (WDL) issued to persons or agencies engaged in wholesale of drugs and medicines.

In most states, a retail drug license is only issued to persons who possess a degree or diploma in pharmacy from a recognized institute or university after depositing the requisite fee.

Requirement for obtaining Drug License
The following are minimum requirements for obtaining drug license or starting a pharmacy in India:

  • Area: The minimum area of 10 square meter is required to start a medical shop or pharmacy or wholesale outlet. In case, the pharmacy business combines retail and wholesale, a minimum of 15 square meter is required.
  • Storage Facility: The store must have refrigerator & air conditioner in the premises.
  • Technical Staff
    • Wholesale – The sale of drug by wholesale shall be made either in the presence of registered pharmacist or in the presence of a competent person who shall be a graduate with 1 year experience in dealing in drugs or a person who has passed S.S.L.C with 4years experience in dealing in drugs, specially approved by the department of drug control for the purpose.
    • Retail – The sale of drug by retail must be made in the presence of registered pharmacist approved by the department, registered pharmacist is required throughout the working hours.

Documents required for obtaining Drug License
The documents required for starting a pharmacy business varies from state to state. However, the following is an indicative list of documents required for obtaining drug license in India:

  1. Application form in the prescribed format
  2. Covering Letter with the intent of the application signed with name and designation of the applicant
  3. Challan of fee deposited for obtaining drug license
  4. Declaration form in the format prescribed
  5. Key plan(Blue print) for the premises
  6. Site plan (Blue print) for the premises
  7. Basis of possession of the premises
  8. Proof of ownership of the premises, if rented
  9. Proof of constitution of the business (Incorporation Certificate / MOA / AOA / Partnership Deed)
  10. Affidavit of non-conviction of proprietor / partners/ directors under Drugs and Cosmetics Act, 1940
  11. Affidavit of registered pharmacist or competent person working full time
  12. Appointment letter of registered pharmacist/competent person, if employed person.

FSSAI Registration/Licence

FSSAI stands for “Food Safety and Standards Authority of India”. FSSAI license is mandatory before starting any food business. All the manufacturers, traders, restaurants who are involved in food business must obtain a 14-digit registration or a license number which must be printed on food packages.

It is to ensure that food products undergo certain quality checks, thereby reducing the instances of adulteration, substandard products and improve accountability of manufacturers by issuing food service license. FSSAI Online Registration is done through office website of FSSAI for basic and central level. For state, the FSSAI registration is also done through offline mode.

The registration and licensing of food business in India is governed by the Food safety and Standards (Licensing and Registration of Food businesses) Regulation, 2011. As per the regulation, all food business operator in India must have a FSSAI registration or license if they are involved in the manufacturing, storage, transportation or distribution of food products. Based on the size a nature of business, FSSAI registration or FSSAI license may be required. In this article, we look at the difference between a FSSAI registration and license.

FSSAI Registration
FSSAI registration is required for all petty food business operator. Petty food business operator is any person or entity who:

  1. Manufactures or sells any article of food himself or a petty retailer, hawker, itinerant vendor or temporary stall holder; or
  2. Distributes foods including in any religious or social gathering except a caterer; or
  3. Other food businesses including small scale or cottage or such other industries relating to food business or tiny food businesses with an annual turnover not exceeding Rs 12 lakhs and whose:
    • Production capacity of food (other than milk and milk products and meat and meat products) does not exceed 100 kg/ltr per day or
    • Procurement or handling and collection of milk is up to 500 litres of milk per day or
    • Slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or less.

Petty food business operators are required to obtain a FSSAI registration by submitting an application for registration in Form A. On submission of a FSSAI registration application, the registration should be provided or application rejected in writing within 7 days of receipt of an application by authority.

FSSAI registration certificate contains the details of registration and a photo of the applicant. The certificate must be prominently displayed at the place of food business, at all times while carrying on the food business.

FSSAI License
Any person or entity that is not classified as a petty food business operator is required to obtain a FSSAI license for operating a food business in India. FSSAI license is of two types,

  • State FSSAI License and
  • Central FSSAI License.

Based on the size and nature of the business, the licensing authority would change.

Large food manufacturer/processors/transporters and importers of food products require central FSSAI license; state FSSAI license is required for medium sized food manufacturers, processor and transporters.

The fee and procedure for obtaining a FSSAI license is more extensive when compared to a FSSAI registration. FSSAI license application should be made in Form B to the appropriate Licensing Authority along with the necessary self-attested declaration, affidavit and annexures, as applicable. Fee for the State is dependent on respective state rules.

FSSAI license is granted for a period of 1 to 5 years as request by the food business operator. Higher fee would be applicable for obtaining FSSAI license for more years. If registration is obtained for one or two years, then the license can be renewed by making an application, no later than 30 days prior to the expiry date of the FSSAI license.

NBFCs

Discussed under Chapter 8

Banking

Banking Companies are governed by Banking Regulation Act, 1949. According to Section 22 of the Act, no company shall carry on banking business in India unless it holds a license issued in that behalf by the Reserve Bank.

What are the criteria for the grant of Licence?
Before granting any license under this section, the Reserve Bank may require to be satisfied by an inspection of the books of the company or otherwise that the following conditions are fulfilled, namely:-

  • That the company is or will be in a position to pay its present or future depositors in full as their claims accrue;
  • that the affairs of the company are not being, or are not likely to be, conducted in a manner detrimental to the interests of its present or future depositors;
  • That the general character of the proposed management of the company will not be prejudicial to the public interest of its present or future depositors;
  • That the company has adequate capital structure and earning prospects;
  • That the public interest will be served by the grant of a license to the company to carry on banking business in India;
  • That having regard to the banking facilities available in the proposed principal area of operations of the company, the potential scope for expansion of banks already in existence in the area and other relevant factors the grant of the license would not be prejudicial to the operation and consolidation of the banking system consistent with monetary stability and economic growth;
  • any other condition, the fulfillment of which would, in the opinion of the Reserve Bank, be necessary to ensure that the carrying on of banking business in India by the company will not be prejudicial to the public interest or the interests of the depositors.

In case of Banking Company incorporated outside India
Along with the above stated conditions, RBI shall be satisfied

  • that the carrying on of banking business by such company in India will be in the public interest and
  • that the government or law of the country in which it is incorporated does not discriminate in any way against banking companies registered in India and
  • that the company complies with all the provisions of this Act applicable to banking companies incorporated outside India.

Appeal
Any banking company aggrieved by the decision of the Reserve Bank (like cancelling a license) may, within 30 days from the date on which such decision is communicated to it, appeal to the Central Government.
The decision of the Central Government shall be final.

Insurance Regulatory and Development Authority

Functions and Duties of IRDAI
Section 14 of the IRDA Act, 1999 lays down the duties, powers and functions of IRDA.

  • Registering and regulating insurance companies
  • Protecting policyholders’ interests
  • Licensing and establishing norms for insurance intermediaries
  • Promoting professional organisations in insurance
  • Regulating and overseeing premium rates and terms of non-life insurance covers
  • Specifying financial reporting norms of insurance companies
  • Regulating investment of policyholders’ funds by insurance companies
  • Ensuring the maintenance of solvency margin by insurance companies
  • Ensuring insurance coverage in rural areas and of vulnerable sections of society
    To facilitate the regulatory regime of insurance business in India, IRDA is authorized to grant some licenses and issue registration for setting up insurance business in India. This procedure of grant of licenses and registrations is listed in following functionalities of IRDA.
    1. Granting of license to companies to start insurance business.
    2. Approval of insurance product.
    3. Appointment of different insurance intermediary.
    4. Investing the insurance premium.
    5. Accounting & audit.
    6. Miscellaneous important provisions of Insurance Act.

Procedure of Granting of License to Companies to Start Insurance Business
No person can carry on Insurance business unless & until he has obtained a certificate from the Authority for a particular class of Insurance business.

To get the registration certificate the following procedure is to be followed:
Every application in the prescribed form (IRDA/R1) for registration shall be made with the following enclosures:—

  1. A certified copy of Memorandum and Articles of association, if the applicant is a company.
  2. The name, address & the occupation of the directors of the company.
  3. A statement of the class of insurance business proposed to be carried on.
  4. A statement indicating the sources that will contribute the share capital.

On receiving the above documents, IRDA will verify the contents and may ask for additional information if any. The Authority may ask the Principal Officer to appear to their office for any information or clarification.

If the Authority is satisfied with the information and documents provide with the application form (IRDA/R1), the Authority may ask for an additional application in the prescribed form (IRDA/R2) which should be accompanied with then following documents:—

  1. Every Insurance shall deposit in cash or in approved securities or partially in cash or partially in approved securities as per details given below: –
    • In case of Life Insurance business, a sum equivalent to 1% of his total gross premium written in India in any financial year commencing after the 31st day of March 2000 not exceeding rupees ten crores (Rs.10 crores).
    • In the case of General Insurance business a sum equivalent to 3% of his total gross premium written in India in any financial year commencing after 31st day of March 2000 not exceeding rupees ten crores (Rs.10 crores).
    • In case of reinsurance business, a sum of rupees twenty crores (Rs.20 crores).
    • If the business is to be done in marine Insurance only & relates exclusively to country craft or its cargo or both the amount to be deposited Rs.1,00,000/- (Rs.1 lakh) only.
    • A certificate from the Reserve Bank of India showing the amount deposited.
  2. A declaration verified by an affidavit from the “Principal Officer” that the equity capital of the company has been complied with.
    • The paid up equity excluding preliminary expenses and registration charges should be
      • 100 crores for life or General Insurance business and
      • 200 crores for the Reinsurance business.
  3. A certified copy of the published prospects and of the standard policy forms of the insurer.
  4. Statement of assured rate, advantages, terms & conditions to be offered in connection with Insurance policies.
  5. In the case of marine accident & miscellaneous Insurance business other than workmen’s compensation & motor car Insurance the available forms, prospects and statements to be submitted.
  6. The receipt of deposit of fee Rs. 50,000/- for each class of business.
  7. If there is any foreign partner, a certified copy of Memorandum of understanding between Indian promoter and foreign promoter including details of support comfort letters exchanged between the parties.
  8. Any other document as desired by the Authority after scrutiny the application.

If on the receipt of an application for registration and the authority is satisfied that

  • The financial condition & the general character of management of the applicant are sound.
  • The volume of business likely to be available to & the capital structure & earning prospects of the applicant will be adequate.
  • The interest of the general public will be served if the certificate of registration is granted to the applicant

then the certificate of registration is granted.

Refusal of Registration

  • If the Authority refuses the registration, the reason of such decision will be intimated to the applicant.
  • The Applicant whose application has been rejected can file an appeal before the Central Government within 30 days from the date on which a copy of the decision is received.
  • The decision of the Government shall be final and shall not be questioned before any court.

Suspension of Registration
The registration of an Indian insurance company or insurer may be suspended for a class or classes of insurance business, in addition to any penalty that may be imposed or any action that may be taken, for such period as may be specified by the Authority, in the following cases:

  • Conducts its business in a manner prejudicial to the interests of the policy-holders;
  • Fails to furnish any information as required by the Authority relating to its insurance business;
  • Does not submit periodical returns as required under the Act or by the Authority;
  • Does not co-operate in any inquiry conducted by the Authority;
  • Indulges in manipulating the insurance business;
  • Fails to make investment in the infrastructure or social sector as specified under the Insurance Act.

Cancellation of Certificate of Registration
The Authority, in case of repeated defaults of the grounds for suspension of a certificate of registration, may impose a penalty in the form of cancellation of the certificate. The Authority is compulsorily required to cancel the registration of an insurer either wholly or in so far as it relates to a particular class of insurance business, as the case may be:

  • If the insurer fails to comply with the provisions relating to deposits; or
  • If the insurer fails, at any time, to comply with the provisions relating to the excess of the value of his assets over the amount of his liabilities; or
  • If the insurer is in liquidation or is adjudged an insolvent; or
  • If the business or a class of the business of the insurer has been transferred to any person or has been transferred to or amalgamated with the business of any other insurer; or
  • If the whole of the deposit made in respect of the insurance business has been returned to the insurer;
  • If, in the case of an insurer, the standing contract is cancelled or is suspended and continues to be suspended for a period of 6 months, or
  • If the Central Government of India so directs.

In addition to the above, the Authority has the discretion to cancel the registration of an insurer

  • If the insurer makes default in complying with, or acts in contravention of, any requirement of the Insurance Act or of any rule or any regulation or order made or, any direction issued thereunder, or
  • If the Authority has reason to believe that any claim upon the insurer arising in India under any policy of insurance remains unpaid for three months after final judgment in regular course of law, or
  • If the insurer carries on any business other than insurance business or any prescribed business, or
  • If the insurer makes a default in complying with any direction issued or order made, as the case may be, by the Authority under the IRDA Act, 1999.
  • If the insurer makes a default in complying with, or acts in contravention of, any requirement of the Companies Act, or the LIC Act, or the GIC Act or the Foreign Exchange Management Act, 2000.

The order of cancellation shall take effect on the date on which notice of the order of cancellation is served on the insurer. Thereafter, the insurer would be prohibited from entering into any new contracts of insurance, but all rights and liabilities in respect of contracts of insurance entered into by him before the cancellation takes effect shall continue as if the cancellation had not taken place.

The Authority may, after the expiry of 6 months from the date on which the cancellation order takes effect, apply to the Court for an order to wind up the insurance company, or to wind up the affairs of the company in respect of a class of insurance business, unless the registration of the insurance company has been revived or an application for winding up has already been presented to the Court.

Revival of Registration
The Authority has discretion, where the registration of an insurer has been cancelled, to revive the registration, if the insurer within 6 months from the date on which the cancellation took effect:

  • Makes the deposits, or
  • Complies with the provisions as to the excess of the value of his assets over the amount of his liabilities, or
  • Has his standing contract restored, or
  • Has the application accepted, or
  • Satisfies the Authority that no claim upon him remains unpaid, or
  • Has complied with any requirements of the Insurance Act or the IRDA Act, or any rule or regulation, or any order made thereunder or any direction issued under these Acts, or
  • That he has ceased to carry on any business other than insurance business or any prescribed business.

Telecom

In India, the telecom market and business thereunder are governed and regulated by the Telecom Regulatory Authority of India (TRAI).

  • TRAI’s mission is to create and nurture conditions for growth of telecommunications in the country in a manner and at a pace which will enable India to play a leading role in emerging global information society.
  • One of the main objectives of TRAI is to provide a fair and transparent policy environment which promotes a level playing field and facilitates fair competition.

The TRAI Act was amended establishing a Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) to take over the adjudicatory and disputes functions from TRAI. TDSAT was set up

  • to adjudicate any dispute
    • between a licensor and a licensee,
    • between two or more service providers,
    • between a service provider and a group of consumers, and
  • to hear and dispose of appeals against any direction, decision or order of TRAI.

TRAI Scope and Functions
The Act also empowers TRAI

  • to lay down the standards of quality of service and ensure compliance,
  • to specify the tariff policy and
  • to make recommendations regarding terms and conditions on which Addressable Systems of TV shall be provided to customers and parameters for regulating maximum time for advertisements in pay as well as other TV channels.

TRAI’s scope of work also includes

  • issues relating to telecom and cable tariff policy,
  • commercial and technical aspects of interconnection,
  • free choice and equal ease of access for the public to different telecom services,
  • resolution of conflicts that may arise due to market developments and diverse network structures for various telecom services.

TRAI also facilitates development of forums for interaction amongst service providers and interaction of the Authority with consumer organizations to further the consumer interest.

OSP Registration in India
As per the New Telecom Policy (NTP) 1999, service providers in India involved in providing services like tele-banking, tele-medicine, tele-education, tele-trading, e-commerce, call center, network operation center and other IT Enabled Services, using telecom resources are termed as “Other Service Providers” (OSP).

These Other Service Providers or OSP’s are required to obtain an OSP Registration from the Department of Telecommunication (DOT).

OSP’s can take telecom resources from authorized Telecom Service Providers only

OSP Registration Requirement
To obtain an OSP Registration in India, it is mandatory for the entity to be a Private Limited Company. Therefore, Entrepreneurs having plans for starting a call center or BPO or e-commerce or other IT Enabled Services must incorporate a Private Limited Company. The following are the documents necessary for OSP Registration in addition to the application in the prescribed format:

  • Certificate of Incorporation of Private Limited Company
  • Memorandum of Association (MOA) and Articles of Association (AOA)
  • Board of Resolution or Power of Attorney authorizing the authorized signatory
  • Name of Business and Activities Proposed
  • List of Directors
  • Present Shareholding

The above documents must be certified with seal by a Company Secretary or Director of the Company or Statutory Auditor or Public Notary.

OSP Registration Compliance
Once an OSP Registration is approved, the license is valid for a period of 20 years – unless otherwise expressly mentioned.

To maintain compliance, each of the OSPs are required to submit an “Annual Return” to the DOT mentioning the activities undertaken and the present status of the OSP.

In addition to the above, OSPs must maintain compliance with the Terms and Conditions prescribed by the Department of Telecommunication for OSPs.

I&B (Information and Broadcasting)

The mass communication media such as radio, television, films, press and print publications, advertising and traditional modes of communication plays an important role in helping people to access free flow of information.

The Ministry of Information and Broadcasting (Ministry of I&B) is a branch of the Government of India which is apex body for formulation and administration of the rules and regulations and laws relating to information, broadcasting, the press and films.

The Ministry is responsible for the administration of Prasar Bharati – the broadcasting arm of the Indian Government. The Central Board of Film Certification is the other important functionary under this ministry being responsible for the regulation of motion pictures broadcast in India.

Mandate of I & B
The mandate of the Ministry of Information & Broadcasting are:

  • News Services through All India Radio (AIR) and Doordarshan (DD) for the people
  • Development of broadcasting and television.
  • Import and export of films.
  • Development and promotion of film industry.
  • Organisation of film festivals and cultural exchanges for the purpose.
  • Handling of press relations to present the policies of Government of India and to get feed-back on the Government policies.
  • Administration of the Press and Registration of Books Act, 1867 in respect of newspapers.
  • Dissemination of information about India within and outside the country through publications on matters of national importance.
  • Research, Reference and Training to assist the media units of the Ministry to meet their responsibilities.
  • Use of interpersonal communication and traditional folk art forms for information/ publicity campaigns on public interest issues.
  • International co-operation in the field of information & mass media.

Regulatory Regime of I & B

  1. The Criminal Law Amendment Act, 1961 – Penal Provisions for publishing wrong Map of India
  2. Penal Provision for Publishing Wrong Map of India
  3. Press Council Act, 1978
  4. Registration of Newspapers (Central) Rules 1956
  5. Press & Registration of Books Act 1867
  6. The Parliamentary Proceedings (Protection of Publication) Act, 1977

Regulating and Certification Head under I & B
Broadcasting

  • Conditional Access System (CAS)
  • Community Radio Stations
  • Prasar Bharati
  • Doordarshan
  • Akashvani (All India Radio)
  • Broadcast Engineering Consultants India Limited
  • Uplinking/Downlinking of TV Channels
  • Content Regulation on Private TV Channels
  • Direct to Home (DTH)
  • Internet Protocol Television (IPTV)
  • Headend-in-the-Sky (HITS)
  • Digital television transition
  • Radio And Television Licence Around The World
  • Broadcasting Authority of India 1977
  • Information
  • Directorate of Advertising and Visual Publicity (DAVP)
  • Directorate of Field Publicity
  • Photo Division
  • Publications Division
  • Research Reference & Training Division
  • Song & Drama Division
  • Office of the Registrar of Newspapers for India (RNI)
  • Press Council of India
  • Press Information Bureau (PIB)
  • Indian Institute of Mass Communication (IIMC)

Films

  • Directorate of Film Festivals (DFAI)
  • Films Division (FD)
  • Central Board of Film Certification
  • Children’s Film Society, India
  • Film and Television Institute of India, Pune (FTII)
  • Film Certification Appellate Tribunal
  • National Film Archive of India (NFAI)
  • Satyajit Ray Film and Television Institute (SRFTI)
  • National Film Development Corporation

Industrial (Development and Regulations) Act, 1951

Industrial licenses are regulated under the Industries (Development and Regulation) Act 1951. At present, industrial license is required only for the following:

  1. Industries retained under compulsory licensing
  2. Manufacture of items reserved for small scale sector by larger units
  3. When the proposed location attracts locational restriction

 Compulsory Licensing
At present only five industries are under compulsory licensing mainly on account of environmental, safety and strategic considerations. They are:

  1. Distillation and brewing of alcoholic drinks
  2. Cigars and cigarettes of tobacco and manufactured tobacco substitutes.
  3. Electronic Aerospace and defense equipment: all types.
  4. Industrial explosives including detonating fuses, safety fuses, gun powder, nitrocellulose and matches.
  5. Specified Hazardous chemicals i.e.
    • Hydrocyanic acid and its derivatives,
    • Phosgene and its derivatives and
    • Isocyanates & diisocyanates of hydrocarbon, (example Methyl isocyanate)

Industrial Entrepreneurs Memorandum (IEM)
Industrial Undertakings exempted from obtaining an Industrial Licence are required to file Industrial Entrepreneur Memorandum (IEM) in Part A with the Secretariat of Industrial Assistance (SIA), Department of Industrial Policy and Promotion, Government of India.

No further approval is required. Immediately after commencement of commercial production, Part B of the IEM has to be filed.

IEM should be submitted with a demand draft of Rs. 1000 drawn in the favour of “Pay & Accounts Officer, Department of Industrial Policy and Promotion”.

In the following cases, IEM is required:

  • To set up a new industrial undertaking,
  • To effect substantial expansion of the industrial undertaking,
  • To manufacture a new article
  • To carry on business of existing SSI units after graduating into large scale industry.

Environment Clearance Certificate
Apart from above stated licences and registrations, Environment Clearance Certificate is required in certain cases from the respective State Industrial Department.

Intellectual Property Rights (IPR)

Trademark
Trademark is discussed under Chapter 16.
Registration Process of Trade Mark

 

DIAGRAM

Forms and Fees - First Schedule:- Trade Mark Rules 2017

Entry No

On what payable

Amount in INR.

Corresponding Form Number

 

 

For Physical filing

For E-filing

 

1

Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.

 

 

TM-A

Where the applicant is an Individual / Startup/Small Enterprise

5,000

4,500

In all other cases (Note: Fee is for each class and for each mark )

10,000

9,000

2

On a notice of opposition under section 21(1), 64, 66 or 73 or application for rectification of register under section 47 to 57, 68, 77 or application under rule 99, 103, 135,140 or On application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto. (Note: Fee is for each class opposed or counterstatement filed)

3,000

2,700

TM-O 

3

For renewal of registration of a trademark under section 25 for each class

10,000

9,000

TM-R 

 

Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class

5,000 Plus renewal fee applicable under entry 3

4,500 Plus renewal fee applicable under entry 3

 

Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class

10,000 Plus renewal fee applicable under entry 3

9,000 Plus renewal fee applicable under entry 3

4

On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark

10,000

9,000

TM-P

 

On application for: Certificate of the Registrar under section 40(2), or For approval of the Registrar under section 41, or Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or Add or alter a registered trademarkunder section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark.

3,000

2,700

 

On application for: Extension of time for applying for direction under section 42 for advertisement of assignment without goodwill, or Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4),or Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark.

2,000

1,800

 

On application for: Dissolution of association between trademark sunder section 16(5), or Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or Request for cancellation of an entry in the register or part thereof under section 58 for each trademark.

1,000

900

5

Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark Or On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark (Note: applicable fee is for each mark)

5,000

4,500

TM-U

6

Request for search and issue of certificate under rule 22(1)

10,000

9,000

TM-C

 

Request for an expedited search and issuance of certificate under rule 22 (3)

Not allowed

30,000

7

On application for: Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of document,or Particulars of advertisement to registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note of certificate of validity under rule 127, Amendment in trademark application, or Particulars of advertisement of a trademark to Registrar under rule 41.

1000

900

TM-M 

 

On application for: Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or Seeking Registrar preliminary advice, or For division of an application.

2,000

1,800

 

On application for: Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Any other matters not covered in other TM forms.

3,000

2,700

 

On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122 (Note: for entry in respect of each registered trademark or for each document)

5,000

4,500

 

On application under rule 34 for expedited process of an application for the registration of a trademark

 

 

Where the applicant is an Individual / Startup/Small Enterprise

Not allowed

20,000

In all other cases (Note: fee is for each class and for each mark)

Not allowed

40,000

 

Request to include a trademark in the list of well- known trademark(Note: applicable fee is for one mark only.)

Not allowed

1,00,000

8

On application for registration of a person as a trademark agent under rule 147 & 149.

5,000

4,500

TM-G 

 

For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year.

10,000

9,000

 

On application for restoration of the name of a person to the Register of trademarks agents under rule 153 within 3 years from the date of removal of registration.

5,000 Plus continuation fee as mentioned in entry number 20

4,500 Plus continuation fee as mentioned in entry number 20

 

On application for an alteration of any entry in the Register of trademarks Agent under rule 154

1,000

900

 

Handling fee for certification and transmission of international application to International Bureau with MM2(E)

Not allowed

5,000

 

 

Copyright Fees

Copyright Fees

Fee can be Paid by Postal Oder /Demand Draft/Online Payment  Payable To “Registrar Of Copyrights, New Delhi”:

 

S.No.

For an application for COMPULSORY LICENSE :

Fee

1.

For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A)

Rs. 5,000/- per work

2.

For a license to communicate an any work to the public by Broadcast(Section 31(1)(b))

Rs. 40,000/- per applicant/per sataton

3.

For license to republish a Cinematograph Film (Section 31)

Rs. 15,000/- per work

4.

For a license to republish a sound recording (Section 31)

Rs. 10,000/- per work

5.

For a license to perform any work in public (Section 31)

Rs. 5,000/- per work

6.

For a license to publish or communicate to the public the work or translation (Section 31A)

Rs. 5,000/- per work

7.

For a license to publish any work in any format useful for person with disability (Section 31 B)

Rs. 2,000/- per work

8.

For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language  (Section 32 & 32-A )

Rs. 5,000/- per work

9.

For an application for registration or copyright in a:

 

(a)Literary, Dramatic, Musical or Artistic work

Rs. 500/- per work

(b)Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)

Rs. 2,000/- per work

10.

For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:

 

(a)Literary, Dramatic, Musical or Artistic work

Rs. 200/- per work

(b)Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45)

Rs. 1,000/- per work

11.

For an application for registration of Copyright in a Cinematograph Film (Section 45)

Rs. 5,000/- per work

12.

For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)

Rs. 2,000/- per work

13.

For an application for registration of copyright in a Sound Recording (Section 45)

Rs. 2,000/- per work

14.

For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)

Rs. 1,000/- per work

15.

For taking extracts from the indexes (Section 47)

Rs. 500/- per work

16.

For taking extracts from the Register of Copyrights (Section 47).

Rs. 500/- per work

17.

For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47)

Rs. 500/- per copy

18.

For a certified copy of any other public document in the custody of the Register of Copyright or Secretary of the Copyright Board

Rs. 500/- per Copy

19.

For an application for prevention of importation of infringing copies (Section 53) per place of entry

Rs. 1,200/- per work

 

Patent

Filing Patent Application
While filing a patent application, provisional specifications or complete specifications can be filed by the applicant. The following is a list containing all documents that must be filed for obtaining patent registration:

  • Patent application in Form-1.
  • Proof of right to file application from the inventor. The proof of cite can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
  • Provisional specifications, if complete specifications are not available.
  • Complete specification in Form-2 within 12 months of filing of provisional specification.
  • Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
  • Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
  • Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self-attested copy of the same can be filed by the Patent Agent or Patent Attorney.
  • Priority document must be filed in the following cases:
  1. Convention Application (under Paris Convention).
  2. PCT National Phase Application.
    Priority document must be filed along with the application or before the expiry of 18 months from the date of priority, to enable early publication of the application.
  • All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
  • Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification.
  • The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.

Design
The objective of The Designs Rules, 2001 is to enable protection of newly created designs applying to particular articles manufactured by the industrial process. It refers in legal definition to:

  • Any mode or principle of construction or anything which is in substance merely mechanical device;
  • Any trademark which is a registered trade mark indicating connection in course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark;
  • Any trademark which denotes the ownership of moveable property belonging to particular person; and
  • Any trademark which is a painting, sculpture, drawing, an engraving or photograph or any work of architecture or any other work of artistic craftsmanship.

Design Registration

  • An application for the registration of design should be submitted along with four specimen copies of the design. A statement of novelty should too be submitted which refers to a statement of how the design is unique. Additional copies of the specimen design may be included.
  • The design so represented in the ‘representation of the design’ submitted should be precisely similar to the design or exact copies of the design.
  • The Controller may or may not accept the registration of design.
  • A statement of objections may be made by the controller to the applicant with necessary amendments. The date on which the controller’s decision is dispatched is deemed as the date of appeal. Any applicant not completely and verifiably filed will be abandoned by the Controller. The particulars of the application and the representation of the article may be published in the Official Gazette.

Documents Required for Design Registration

  • A certified copy of the original or certified copies of extracts from disclaimers
  • Affidavits
  • Declarations and
  • Other public documents can be made available on payment of a fee.

The affidavits should be in paragraph form and should contain a declaration of truth and verifiability. The costs involved in the design registration process may be regulated by the Controller according to the Fourth Schedule.

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