Activities (NIC code) under MSMED Act, 2006 for Udyam Registration - Addition of Retail and Wholesale Trade - regarding

No. 5/2(2)/2021-E/P & G/Policy (E-19025) Government of India Ministry of Micro, Small & Medium Enterprises (Policy Division)

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710, Nirman Bhawan, New Delhi Dated:02.07.2021

OFFICE MEMORANDUM

Subject: Activities (NIC code) under MSMED Act, 2006 for Udyam Registration -Addition of Retail and Wholesale Trade- regarding

This Ministry's O.M. No. UAM/MC/01/2017-SME dated 27.06.2017 on the subject ‘Activities (NIC codes) not covered under MSMED Act, 2006 for registration of Udyog Aadhaar Memorandum (UAM)’ excluded certain activities from registration on UAM Portal. This O.M. was further validated for Udyam Registration vide O.M. no. 5/2(1)/2020-P&G/Policy dated 17.07.2020. Certain changes were made vide 5/2(1)/2020/E-P&G/Policy dated 01.12.2020; where it was clarified that in Table. 1 of O.M. no. UAM/MC/01/2017-SME dated 27.06.2017, NIC codes 45, 46 and 47 and the activities mentioned against these NIC codes, are not permitted for registration in Udyam Registration Portal (https://udyamregistration.gov.in).

2. The Government has received various representations and it has been decided to include Retail and wholesale trades as MSMEs and they are allowed to be registered on Udyam Registration Portal. However, benefits to Retail and Wholesale trade MSMEs are to be restricted to Priority Sector Lending only.

3. Accordingly, the list of eligible additional activities under NIC Code 45, 46 and 47 are as under :

4. The Udyam Registration is allowed for above three NIC Codes and activities mentioned against them.

5. The Enterprises having Udyog Aadhaar Memorandum (UAM) under above three NIC Codes are now allowed to migrate to Udyam Registration Portal or they can file Udyam Registration afresh.

6. Consequent upon above changes, para 2 including Table. 2 mentioned in O.M. no 5/2(1)/2020/E-P&G/Policy dated 01.12.2020, stands omitted.

[Signature] (A.K.Tamaria) Deputy Director (Policy)

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Distribution:

1. Secretary, Department of Financial Services, Ministry of Finance.
2. Secretary, Department for Promotion of Industry and Internal Trade, M/o Commerce & Industry.
3. CGM, RBI with reference to RBI letter no. FIDD.CO.Plan/871/04.09.001/2020-21 dated 29.01.2021 and letter dated 10.05.2021.
4. AS& DC, O/o Development Commissioner, Ministry of MSME
5. AS&FA, Ministry of MSME
6. All Joint Secretaries/EA/DDG, Ministry of MSME
7. CEO, KVIC
8. CMD, NSIC
9. All ADCs/DDG, Office of DC(MSME), Ministry of MSME
10. All AIAs/Directors/Joint Directo/In-Charge Directors, MSME-DIs
11. On the website of Ministry/DC-MSME, in the Section related to Udyam Registration, for the information of all stakeholders in the MSME Sector
12. NIC- For taking necessary action to make suitable changes in Udyam Registration Portal to include NIC Coode 45, 46 and 47 for registration under service enterprise category.

Copy to information:-

i. PS to Hon'ble Minister (MSME), for kind information of Hon'ble Minister (MSME) ii. PS to Hon'ble MoS (MSME), for kind information of Hon'ble Mos(MSME) iii. PPS to Secretary (MSME).

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F. No. 5/2(1)/2020/E-P&G/Policy Government of India Ministry of Micro, Small & Medium Enterprises (Policy Division)

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Nirman Bhawan, New Delhi Dated: 01.12.2020

OFFICE MEMORANDUM

Subject: Activities (NIC codes) not covered (with exception of certain categories) under MSMED Act, 2006 for Udyam Registration-regarding

In partial modification of the O.M. No. UAM/MC/01//2017-SME dated 27.06.2017 on the subject Activities (NIC codes) not covered under MSMED Act, 2006 for registration of Udyog Aadhaar Memorandum (UAM), as further validated for Udyam Registration vide O.M. no. 5/2(1)/2020-P&G/Policy dated 17.07.2020, it is clarified that the activities in Table.1 below would also not be included in the manufacture or production of goods or providing or rendering of services in accordance with Section 7 of the Micro, Small and Medium Enterprise Development Act, 2006 and, hence, may be treated as included in Table 1 of the aforesaid O.M.

Table.1

2. Even though the enterprises involved in activities pertaining to the Divisions mentioned in Table.1 above and also in Table 1 of the O.M. dated 27.06.2017 are barred from registration as MSMEs, in view of the nature of activities (production of goods and services), the following categories at the sub-class level (in 5 - digit) of the National Industrial Classification as mentioned in Table.2 below, are to be treated as exceptions in the Divisions thus mentioned in the said O.M. dated 27.06.2017 as per Section 7 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006, and are eligible for registration under Udyam Registration system and, hence, may be treated as included in Table 2 of the O.M. dated 27.06.2017.

Table.2

[Signature] (A. K. Tamaria) Deputy Director (Policy)

Distribution:

1. AS&DC, O/o Development Commissioner, Ministry of MSME
2. AS&FA, Ministry of MSME
3. All Joint Secretaries/EA/DDG, Ministry of MSME
4. All ADCs/ DDG, Office of DC(MSME), Ministry of MSME
5. All AIAs/ Directors/ In-Charge Directors, MSME-DIs.
6. On the website of Ministry / DC-MSME, in the Section related to Udyam Registration, for the information of all stakeholders in the MSME Sector
7. NIC - For taking necessary action in the system

Copy to:

(i) PS to Hon'ble Minister (MSME), for kind information of Hon'ble Minister (MSME) (ii) PS to Hon'ble MoS (MSME), for kind information of Hon'ble MoS (MSME) (iii) PPS to Secretary (MSME), for kind information of Secretary (MSME) (iv) PPS to Secretary, Department of Financial Services, Ministry of Finance, with a request to Secretary for circulation of the instant O.M. to the RBI, the Banks and other Financial Institutions, as deemed appropriate.

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5/2(1)/2020-P&G/Policy Government of India Ministry of Micro, Small & Medium Enterprises Office of Development Commissioner

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Nirman Bhawan, New Delhi-110108 Dated: 17.07.2020

OFFICE MEMORANDUM

Subject: Substitution of “Udyog Aadhaar Memorandum (UAM)” with “Udyam Certificate” in the OM no. UAM/MC/01/2017-SME dated 27.06.2017 on the subject Activities (NIC codes) not covered under MSMED Act, 2006 for registration of Udyog Aadhaar Memorandum (UAM) – regarding

Kindly refer UAM/MC/01/2017-SME dated 27.06.2017 issued by SME section in connection with the above subject matter (Enclosed herewith).

2. In this regard, I am directed to state that “Udyog Aadhaar Memorandum (UAM)” is replaced with “Udyam Registration Certificate” in the above-said OM, with immediate effect.

3. This issues with the approval of the Competent Authority.

[Signature] (A.K Tamaria) Deputy Director Ph.:01123061163

Enclosure: As above To (i) JS (ARI)/ JS (SME)/ JS (AFI)/ EA/ DDG, M/o MSME (ii) ADC (PS)/ ADS (SM)/ ADC (AS)/ DDG, O/o DC (MSME) (iii) AIA/ All Directors, O/o DC (MSME) (iv) All AIA/ Director/ Director incharge, MSME-DIs - requested to circulate this OM amongst all District Industries Centres (v) Senior Technical Director, NIC - requested to upload this OM on Champions Portal and Udyam Registration Portal

Copy to: (i) PS to Minister (MSME)/ PS to MoS (ii) PPS to Secretary (MSME) (iii) PPS to AS&DC (MSME) (iv) PPS to AS&FA, M/o MSME

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F.No. UAM/MC/01/2017-SME Government of India Ministry of Micro, Small & Medium Enterprises (SME Section)

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Udyog Bhawan, New Delhi Dated: 27.06.2017

OFFICE MEMORANDUM

Sub: Activities (NIC codes) not covered under MSMED Act, 2006 for registration of Udyog Aadhaar Memorandum(UAM)- regarding

The undersigned is directed to inform that Sub Section 1 of Section 7 of Micro Small or Medium Enterprises Development Act 2006 provides for classification of enterprises engaged in manufacturing or production of goods as well as enterprises engaged in providing or rendering of services as micro, small and medium based on investment in plant and machinery and equipment respectively. Sub Section 1 of Section 8 provides that any person who intends to establish a micro or small or medium enterprise engaged in manufacture or production of goods or providing or rendering of services may at his discretion shall file a memorandum of micro, small or medium enterprises in accordance with the provisions of Act. Subsequently, Ministry of Micro Small or Medium Enterprises notified vide notification number S.O. 2576 (E) dated 18.9.2015 and subsequent notification No. SO 85(E) dated 10.1.2017 for registration of Udyog Aadhaar Memorandum for Micro, Small or Medium Enterprises. In this context it is further clarified that the activities in Table.1 below would not be included in the manufacture or production of goods or providing or rendering of services in accordance with Section 7 of the Micro, Small and Medium Enterprise Development Act, 2006:-

Table.1

2. The NIC 2-digit activity 01- crop, animal production, hunting and related activities would also not be included as per Section 7 of the Act except for the sub-classes of activities at 5-digit level given in Table 2.:

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Table. 2

[Signature] (K. S. Ngangbam) Deputy Director (SME) Tel.No. 23061546

Distribution: (i) AS&DC, O/o Development Commissioner, Ministry of MSME. (ii) JS(SME)/JS(ARI)/JS(TC), Ministry of MSME. (iii) All Director, MSME-DIs (iv) All GM, District Industries Centres.

Copy to: (i) PS to Minister(MSME)/PS to MoS(GS)/PS to MoS(HPC) (ii) PPS to Secretary(MSME)