Filing of Entrepreneurs Memorandum
Section
8 of the Micro,
Small and Medium Enterprises Development (MSMED) Act, 2006 provides for filing of memorandum by a Micro, Small or Medium
Enterprise. Sub-section (2) of section 8 stipulates that the form of the
Memorandum, the procedure of its filing and other matters incidental thereto
shall be such as notified by the Central Government.
·
The memorandum may be filed by all
three categories of enterprises with the District Industries Centre in the
jurisdiction of which the enterprise is (or, is proposed to be) located,
·
The procedure for filing it has been
outlined in Schedule. II of the Notification for the format of EM,
Features of
the Scheme
·
The memorandum may be filed by all
three categories of enterprises with the District Industries Centre in the
jurisdiction of which the enterprise is (or, is proposed to be) located,
·
The procedure for filing it has been
outlined in Schedule. II of the Notification for the
format of EM
Procedure for
Filing Memoranda
Features of the present
procedures are as follows:
·
Form of the Entrepreneurs Memorandum
can be downloaded from the Internet, the address of which can be obtained from
Directorate dealing with Micro, Small & Medium Enterprises of the State
Governments/ UTs. or the hard copies of the same can be obtained from the
District Industries Centres. This form can also be downloaded from the
SIDO website i.e. www.laghu-udyog.com or www.dcmsme.gov.in
·
Any person who intends to establish a
micro or small enterprise, at his discretion; or a medium enterprise engaged in
providing or rendering of services may, at his discretion or a medium
enterprise engaged in the manufacture or production of goods shall file the
Memorandum of Micro, Small or as the case may be, of Medium Enterprise
with District Industries Centre of its area.
·
The District Industries Centre shall
fill all the codes in the form of the Memorandum and issue an acknowledgement
after allotting an EM number, date of issue and category of the unit within
five days of the receipt of the form of Memorandum by post or same day, if the
form of Memorandum is submitted in person as well as online.
·
Before issuing the acknowledgement, the
District Industries Centers shall make sure that the form is complete in all
respect and particularly the form is signed and is accompanied with an
undertaking, which is a part of the form of Entrepreneurs Memorandum.
·
The District Industries Centre shall
maintain record of all the Entrepreneurs Memorandum so filed in respect of
micro and small enterprises and medium enterprises engaged in providing and
rendering services. District Industries Centers shall forward a copy of
the Entrepreneurs Memorandum so filed with EM number allotted to the Small
Industries Service Institutes of their State/Jurisdiction.
·
The District Industries Centre shall
maintain record of all the Entrepreneurs Memorandum so filed in respect of
medium enterprises engaged in production/manufacturing of products and
forward one copy each of the Entrepreneurs Memorandum with EM number allotted
to Small Industries Service Institutes of their State/Jurisdiction and to Joint
Development Commissioner (MSME Pol.) in the Office of the Development Commissioner
(Small Scale Industries).
·
The form of Memorandum is in two parts.
Any person who intends to establish a micro, small or medium enterprise engaged
in providing or rendering of services may file or those who want to establish
medium enterprise engaged in the production or manufacture of products shall
file Part 1 of the Entrepreneurs Memorandum to District Industries
Centre.
·
Once the above enterprises start
production or start providing or rendering services, they should file Part II
of the Entrepreneurs Memorandum to District Industries Centre.
·
In case of non-filing of Part II of the
Entrepreneurs Memorandum within two years of the filing of Part I, the
Memorandum (Part I) filed by the entrepreneur will become invalid.
·
In case of change in the investment in
plant and machinery or in equipment, the enterprises who have already filed
Entrepreneurs Memorandum should inform the District Industries Centre of the
same in writing within one month of the change in investment.
·
In case of change of products and that
of services or addition in products or services, the enterprises who have
already filed Entrepreneurs Memorandum should inform the District Industries
Centre of the same in writing within one month of the change.
·
The District Industries Centre shall, in
addition of keeping a record, in writing, shall also maintain records
electronically on computer.
The following form basis of
evaluation:
·
The unit has obtained all necessary
clearances whether statutory or administrative. e.g. drug license under drug control
order, NOC from Pollution Control Board, if required etc.
·
Unit does not violate any locational
restrictions in force, at the time of evaluation.
·
Value of plant and machinery is within
prescribed limits.
·
Unit is not owned, controlled or
subsidiary of any other industrial undertaking as per notification.
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