A place of business within a State, Corporation or Municipality will require a trade license from the concerned State Government or Corporation or Municipality for operating. Rules and regulations pertaining to trade license vary from state to state. Hence, to obtain trade license, the applicant must first understand the jurisdiction under which he/she is operating the business and the applicable Act.
In most states, the application for grant or renewal of license will be made to a Commissioner in the Corporation. The application must be made within 30 days of starting to operate a business. On applying with the required information and documents, the concerned Officer will ensure that the business is suitable for the purpose used; there is no possibility of danger or nuisance for any person around and issue the license. Trade license would normally be issued within a period of 7-15 days on submission of application. JAGDAMBE ASSOCIATES can help you obtain trade license for your business. Get in touch with a JAGDAMBE ASSOCIATES Advisor to know more about the rules and regulations applicable for your business and begin the process of applying for a trade license.
Shop & Establishment Act (GUMASTA)
All those who are planning to enter the business world need to understand the provisions of the Shop and Establishment Act in India. Registration under the Shop and Establishment Act is mandatory for most businesses. Since this is the first step towards the promising business world, we have tried to cover the basics of the same. The establishment covered under the Act must apply for registration, within 30 days from the date of commencement of establishment. It is mandatory for all the establishment under the Act to obtain registration and follow all the rules and regulations prescribed under the same. In case of any failure in obtaining registration and following the rules and regulations of the Act, the establishment would be liable to pay the penalty. The penalty amount would vary from state to state.
Contract Labour Regulation & Abolition (CLRA)
The Object of the Contract Labour Regulation and Abolition) Act, 1970 is to prevent exploitation of contract labour and also to introduce better conditions of work. A workman is deemed to be employed as Contract Labour when he is hired in connection with the work of an establishment by or through a Contractor. Contract workmen are indirect employees. Contract Labour differs from Direct Labour in terms of employment relationship with the establishment and method of wage payment. Contract Labour, by and large is not borne on pay roll nor is paid directly. The Contract Workmen are hired, supervised and remunerated by the Contractor, who in turn, is remunerated by the Establishment hiring the services of the Contractor.
It is applicable to every establishment (Principal Employer) in which 20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour. It is also applicable to every contractor who employs or who employed on any day of the preceding twelve months 20 or more workmen.
Eligibility: To obtain Udyog Aadhaar registration, the business must have an investment in machinery or equipment that is less than Rs.25 crores or Rs.5 crores, respectively.
Udyog Aadhaar or MSME registration can be obtained by MSME businesses to avail various benefits, subsidies and schemes created by the Government of India.
Udyog Aadhaar or MSME registration is a certificate provided to micro, small, medium-sized businesses in India under the Micro, Small and Medium Enterprise Development Act, 2006 (MSMED). Udyog Aadhaar used to be referred to as MSME registration earlier. Now, the process for obtaining MSME registration has been merged with Udyog Aadhaar registration and made online by the Government.
Import Export Code (IEC)
Eligibility: All entities in India involved in the import or export of goods/services from India would be required to obtain IE Code from the Director General of Foreign Trade.
Import Export (IE) Code is a registration required for persons importing or exporting goods and services from India. IE Code is issued by the Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industries, Government of India. IE Code application must be made to the Directorate General of Foreign Trade along with the necessary supporting documents.
Gujarat Factory Registration
In Gujarat, the factory owners are required to register their premises with the local governing authority before starting operations. Factory Registration in India is regulated by the provisions of the Factories Act, 1948. Factory license is a certificate issued by the Chief Inspector of Factories to carry out manufacturing pursuits in the state.
As per the Factories Act, 1948, a factory needs to obtain a Building Plan Approval from the Labour and Employment Department before applying for a factory registration. Under the Factories Act, 1948, registration and renewal of factory licenses are also done to ensure the safety of workers. The Department maintains the record of each factory satisfying the conditions of the Factories Act, 1948 regarding their workers, power consumptions, chemical usages and accepts returns that fall under various acts from those companies on a periodical basis.
Factories Act, 1948 is formulated with the aim of ensuring the working conditions in factories, to regulate health, safety welfare, and annual leave and to enact a particular provision with respect to persons who work in factories.
Food Safety and Standards Authority of India (FSSAI)
Eligibility: Any person or entity involved in the manufacturing, processing, packaging, distribution or transportation of food products is required to obtain FSSAI registration or license.
The Food Safety & Standards Act, 2006 introduced to improve the hygiene and quality of food has brought about tremendous changes in the food industry. As per the Act, no person shall commence or carry on any food business except under a FSSAI license or FSSAI registration. Therefore, any food manufacturing or processing or packaging or distributing entity is now required to obtain a FSSAI License or Registration.
Food & Drug Control Administration (FDCA)
Drugs Control Administration (DCA), Gujarat came into existence on 1st May 1960 after separation of Gujarat State from Greater Bombay State and Mr. B.V. Patel became the first director of DCA, Gujarat.
DCA, Gujarat was entrusted implementation of Drugs & Cosmetics Act 1940 & Rules 1945 and Drugs Magic Remedies (Objectionable Advertisement) Act 1954. Mr. B.V. Patel played a vital role in establishing well defined administrative structure, policies and procedures of DCA, Gujarat. He seeded the present culture of this department industry friendly, prompt & strict action against law breakers. He also took initiative to establish state of art Drug Laboratory equipped with latest equipment at Vadodara.
FDCA Implementing Various Acts:
At present FDCA, Gujarat is implementing following act and rules in Gujarat through two wings–food cadre & drug cadre officers.
Drugs & cosmetics act 1940 and drugs & cosmetics rules 1945 – an act to regulate the import, manufacture, distribution and sale of drugs and cosmetics.
Drugs (price control) order 2013 – order under section 3 of essential commodities act, 1955 to fix & regulate ceiling prices of certain API & formulations.
Drugs & magic remedies ( objectionable advertisement ) act 1954 & drugs & magic remedies (objectionable advertisement)rules 1955 – an act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.
Food safety and standards act, 2006 and food safety and standard rules, 2011 – an act consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of Food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental there to.
Cigarettes & other tobacco products ( prohibition of advertisement and regulation and trade and commerce production, supply and distribution ) act 2003 – an act to prohibit the advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto.
Gujarat Pollution Control Board (GPCB)
The Government of Gujarat constituted the GPCB on 15.10.1974 as per provisions under the Water (Prevention and Control of Pollution) Act 1974, with a view to protect the environment, prevent and control the pollution of water in the State of Gujarat, that occupies a prominent niche in progressive and industrial development of the country. The Board has been entrusted with the Central Acts and relevant Rules for pollution control as notified thereof from time to time.
Main Functions of Gujarat Pollution Board (GPCB)
Provide recommendations to the Gujarat Government on any matter concerning prevention and control of water and air pollution and improvement of the quality of air.
Organize the consumer awareness program on the prevention and control of air and water pollution and waste management through mass media.
Collect, compile and prepare technical and statistical data related to air and water pollution.
Lay down the standard of sewage and trade effluents and for emission from industrial plants, automobiles and Health Care establishments.
To help with the development of new technology for the treatment of sewage, trade effluents, and control equipment.
Issuance of consent certificate to industries falling in different categories such as Orange, Green, and White.
Issuance the Authorization to industries and health care establishments, falling in Bio-Medical waste Authorization, Hazardous waste Management Authorization, Plastic Waste Management, Battery Waste Managements and E-Waste Authorization.
Agricultural & Processed Food Products Export Development Authority (APEDA)
The Agricultural and Processed Food Products Export Development Authority (APEDA) was established by the Government of India under the Agricultural and Processed Food Products Export Development Authority Act passed by the Parliament in December, 1985. The Act (2 of 1986) came into effect from 13th February, 1986 by a notification issued in the Gazette of India: Extraordinary: Part-II [Sec. 3(ii): 13.2.1986). The Authority replaced the Processed Food Export Promotion Council (PFEPC). JAGDAMBE ASSOCIATES can help you obtain APEDA license for your business. Get in touch with a JAGDAMBE ASSOCIATES Advisor to know more about the rules and regulations applicable for your business and begin the process of applying for an APEDA license.
Private Security Agency Regulation Act (PSARA)
PSARA Act is the regulatory act for keeping an eye on the private security agencies operating in India. All the private security agencies need to have this PSARA License before starting their service.
The PSARA bill has been passed by both the Houses of the Parliament that is Lok Sabha and Rajya Sabha. The PSARA bill received the consent of the President on June 23, 2005. PSARA License is allotted to these private security agencies at the state level, and these agencies need to obtain permission from the state controlling authority of their respective states.
Any Indian Company, Firm or Association of Persons is qualified for Private Security Agency to permit. Also, in the event that the organization is an organization, at that point, the larger part investor should be an Indian. An Individual, Partnership Firm, LLP, One Person Company (OPC) or a Private Limited Company can make the application for PSARA License/Registration to the Competent Authority of the concerned state.
In case of Renewal of License, the applicant has to make an application in 90 days before the License expiry date.
The applicant needs to file for the PSARA License along with the documents prescribed under sections 6, 7 and 11 of the PSARA Act with the prescribed fee.
The PSARA license is valid only for five years from the date of issuance of the license. However, in states like Uttarakhand, Madhya Pradesh and Chhattisgarh, the validity is only one year.
JAGDAMBE ASSOCIATES can help you obtain PSARA license for your business. Get in touch with a JAGDAMBE ASSOCIATES Advisor to know more about the rules and regulations applicable for your business and begin the process of applying for a PSARA license.