Government Licenses for Business in India

To begin is to succeed. Starting a business in India is not a fairy tale story, but the Nation has made tremendous progress in the recent days and made starting a business, very easy for Entrepreneurs. Today, we will look at the most commonly referred to licenses and registrations required for a business in India.

The process of obtaining license changes from one type of business to the other,  based on various determining factors like the number of employees, sector, the type of business, the place of business etc. In this little article, we look at some of the most commonly obtained licenses or registrations for a business. To determine the exact requirement for your business, get in touch with  TAXAJ Business Advisor.

Section 12A & 80G

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RERA Registration

Real estate agents are the heart of real estate industry. They are the mediators facilitating transactions between builder and buyer . With RERA, that will soon come into force, all brokers will have to be mandatorily registered with the concerned state-level regulatory authorities. Real estate agents will be given a registration number by the authority which will be valid for 5 years and will be quoted in every transaction facilitated by him

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DPCC License Registration

DPCC means Delhi Pollution Control Committee. It is a self-governing body which was founded in1991, by the Delhi Government under the guidance of Central Pollution Control Board (CPCB). The DPCC essentially issues a License called DPCC License which means no objection certificate and it assures that the proposed/existing business entity which is being set up will not cause any harm to the environment or society. For a change and improvement in the production process or setting up of industries.

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MCD Factory License

MCD Factory License is governed by Delhi Municipal Corporation (DMC) Act, 1957 and provision of Master Plant of Delhi. Section 416 and 417 of DMC Act, 1957 requires that person should get prior permission of the commissioner in writing to establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power. Factory License can be obtain for confirming industrial area, DDA/DSIDC/DI Built up Auction/Allotted sheds, free hold plots, House hold category, Local Commercial Category, Relocation Scheme, Sub letting of lease hold plots and sheds.

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LMPC Certifications

There are certain rules and regulations that Legal Metrology Act defines related to selling and distribution of packaged products. This act also provides the guidelines to follow during the import and export of goods. If you want your business to run efficiently and smoothly you need to setup a consumer and buyer right protection system and in order to establish a protection system you need to comply with the act that has described the legal metrology and measurement system.

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FSSAI License

FSSAI License is a 14-digit number required by those who are willing to act as a Food Business Operator. The main objective of an FSSAI License is to ensure that the food products packed, sold, or traded by Food Business Operators stick to the quality standards prescribed by the FSSAI.

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Trade License

Trade license is a certificate/ document that permits a company to carry on the business or trade activities in a particular municipal limit for which it is issued. In Delhi, Trade License is issued by the Municipal Corporation of Delhi (MCD) to traders and establishments to monitor and regulate the various trade activities at the city level. In this article, we look at the purpose, procedure, and the documents required for obtaining Delhi trade license.

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Payments Bank License

Payment Bank License is a mandatory requirement to open a Payment Bank in India. Before applying for the license, the applicant needs to accumulate 100 Crores paid-up capital first and then incorporate a Public Limited Company under the Companies Act, 2013

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Drug License

Drug license is an authorisation granted by the authority under the Drugs and Cosmetic Act 1940 so as to perform the business of drugs/ medicines or cosmetics. The Drug license is issued through the State Drugs Standard Control Organization or the Central Drug Standard Control Organization.

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Liquor License

In case you are planning to serve alcohol along with the food, you will also require a liquor license. Selling of alcohol or its distribution without a valid liquor license is illegal and prohibited.

You can approach the State excise department for obtaining approval to sell and distribute alcohol.  There are many different types of Alcohol Licenses, it varies depending on whether you are a Star hotel, bar/ pub, selling imported liquor or foreign brand or Indian Made Foreign Liquor.

To obtain the license, you will be needing an identity proof, address proof, NOC from the fire department, NOC from the municipal corporation and other documents as the State Department may seek.

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Pollution Clearance License

Food business is considered as a polluting industry given the smoke emissions from the cooking process and washings of food waste. Therefore your food business will need a pollution license/ Certificate or consent to establish your business and Consent to operate from the State Pollution Control Board.  The category under which you will need a license will depend on the type and scale of operations of your business.

You can see below the category wise separation given by the Central Pollution Control Board for hotels/restaurants.

  • Hotels (Big) – Red Category
  • Medium-Scale Hotels – Orange Category
  • Non-alcoholic Beverages (Soft drink) – Orange Category
  • Small Bakery/Confectionery – Green Category
  • Small Hotels – Green Category 
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Public Performance License

If you wish to play some pre-recorded music in your cafe/ restaurant/ hotel to accompany the Food you serve, you need to obtain a public performance license issued by Phonographic Performance Limited to avoid facing copyright infringement suits. This license aims to protect the interest of the artists who create the music or compose the lyrics and the owners of such creative/ artistic works. In the majority of the cases, the public performance license is valid for 1 year.

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Fire Department NOC

The Fire safety laws of most of the States in India consider the business of restaurants/ cafes/ hotels/ bakery to be a hazardous activity requiring a “No objection Certificate” from the Chief Fire Officer before commencing business.

To obtain a fire license, you will have to submit building plans, model of the building and certificate from the Architect, and also fill out a questionnaire related to compliance with fire safety rules and regulations.

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