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License

It has come to our notice that businesses that are operating from office premises or shops in Bangalore have been encountering uninvited visits from inspectors from Labor Department. The inspectors had come down to these office premises checking for Shops and Establishment License, if not found, inspectors shut down the premises or penalize the firms with huge fines. Throwing light on this situation, let’s look into the Shops and Establishment License as a subject.

In 1962, Shops and Establishment Act was introduced to regulate conditions of work and employment in shops and commercial establishments.

To those of you wondering how the act defines “Commercial Establishment”– A commercial or trading or banking or insurance establishment where the persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a café or any other refreshment house, a theatre or any other place of public amusement or entertainment.

To those of you wondering how the act defines “Shop” – Any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, storerooms, godowns, or warehouses, whether in the same premises or otherwise, used in connection with such trade or business, but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the factories.

Who are exempt from this Act:

  • Offices under Central or State Governments or local authorities.
  • Establishments for the treatment or care of the sick, infirm, or the mentally unfit.
  • Offices of legal practitioners and medical practitioners in which not more than three persons are employed.
  • Offices of a banking company
  • Persons occupying positions of management in any establishment
  • Shops dealing in medicines or medical or surgical requisites or appliances
  • Clubs, residential hotels, boarding houses, hostels attached to schools or colleges, and establishments maintained in boarding schools in connection with the boarding and lodging of pupils
  • Stalls and refreshment rooms at railway stations, bus stands, ports
  • Shops of barbers and hairdressers
  • Shops dealing mainly in meat, fish, poultry, eggs, dairy produce, bread, confectionery, sweets, chocolates, ice, ice cream, cooked food, fruits, flowers, vegetables or green fodder.
  • Shops dealing in articles required for funerals, burials or cremations
  • Shops dealing in pan (betel leaf), pan with beedies or cigarettes
  • Shops dealing in newspapers or periodicals, editing sections of newspaper offices
  • Cinemas, theaters, and other places of public entertainment and stalls and refreshment rooms attached to such cinemas, theaters and places of public entertainment.
  • Establishments for the retail sale of petrol
  • Shops in cantonments
  • Retail trade carried on at an exhibition or show with main purpose of the exhibition
  • Oil mills and flour mills
  • Brick and lime kilns
  • Information Technology Establishments
  • Information Technology enabling services or establishments

 

 

Registration of establishments:

Step 1: Send to the inspector of the area in a concerned form mentioning the following details with fees:

  • Name of the employer and the manager
  • Postal address of the establishment
  • Name of the establishment

Step 2: On receipt of the statement and the fees, inspector if satisfied, registers the establishments and provide registration certificate to the employer

Step 3: The registration certificate has to be prominently displayed at the establishment.

 

Note:

  • Establishment closing should be notified: Employer, within 15 days of the closing establishment should notify the inspector in writing
  • The license has to be renewed every year
  • In case you wish to make changes to the certificate, by paying additional fees the changes can be made.

 

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FSSAI, License

Food License or FSSAI was established to achieve three objectives:

  1. Framing an integrated Food Law
  2. Prioritizing Consumer Safety
  3. Harmonizing food standards with international regulations.

Every Food Business Operator (FBO) in India needs to be licensed or registered under the Food Safety Standards Act 2006. Under FSSAR, licensing is a two-tier system involving central and State Licensing. In this blog, we will be looking into the kind of business that requires FSSAI License.


Kind of Food Businesses that comes under central licensing:

  1. Dairy units including milk chilling units equipped to handle or process more than 50 thousand liters of liquid milk/day or 2500 MT of milk solid per annum.
  2. Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit having installed capacity more than 2 MT per day.
  3. All slaughterhouses equipped to slaughter more than 50 large animals or 150 or more small animals including sheep and goats or 1000 or more poultry birds per day.
  4. Meat processing units equipped to handle or process more than 500 kg of meat per day or 150 MT per annum.
  5. All food processing units other than mentioned under point.1 to point.4 including relabellers and repackers having installed capacity more than 2 MT/day except grains, cereals, and pulses milling units.
  6. 100 % Export Oriented Units
  7. All Importers importing food items for commercial use.
  8. Retail chains operating in three or more states.
  9. Food catering services in establishments and units under Central government Agencies like Railways, Air and airport, Seaport, Defence etc.


Kind of Food Businesses that comes under State licensing:

License for commencing or carrying on the food business, which is not covered under central licensing shall be granted by the concerned State Licensing Authority.

  1. Dhabha.
  2. Restaurants
  3. Storage
  4. Wholesaler
  5. Retailer
  6. Distributor
  7. Supplier
  8. Canteen
  9. Club
  10. Transporter
  11. Hawker
  12. Marketer
  13. Food Processor

 

In conclusion, this means almost every Food Business Operator is required to get Food License. Wazzeer has helped a number of Food startups in all legal, accounting, and secretarial services, we would be very happy to help you. Just in case you want our expert advice, do let us know. 

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License

Ayurveda or the revolutionary remarks by Patanjali and growing demand for organically developed cosmetic products is catching up blazing demand, and with many startups focusing on developing products that are Homemade or 100% Natural this sector is catching eyes of investors globally. The manufacturing, distribution, and selling of cosmetic products are governed by The Drugs and Cosmetics Act, 1940 and The Cosmetics and drugs rules 1945.

 

Cosmetics are products that are intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance and includes any article intended for use as a component of cosmetic. For manufacturing, distribution and selling of cosmetic products license are mandatory. Manufacturing license is valid for is valid for 5 years.



Major Categories under which cosmetics have been divided as:

 

  • Powders like Face powder, cake makeup, compacts, face packs, masks, and rouges, etc.
  • Creams, lotions, emulsions, pastes, cleansing milk, shampoos, pomade, brilliantine, shaving creams and hair oils etc.
  • Nail Polishes and Nail Lacquers.
  • Lipsticks and Lip-gloss, etc.
  • Depilatories
  • Preparations used for Eyes
  • Aerosol
  • Alcoholic Fragrance Solutions.
  • Hair Dyes
  • Tooth powders and toothpaste, etc.:
  • Toilet Soaps
  • Sanitary pads

 

Procedure to acquire the manufacturing license:

 

  1. Fill Form 31with a license fee of Rs.2500 and an inspection fee of rupees 1000 for every inspection.
  2. Application to manufacture additional items of cosmetics shall be accompanied by a fee of Rs 100 for each item subject to a maximum of Rs. 3000 for each application.
  3. The Inspector or Inspectors from Licensing Authority will conduct on the premise and generate a report.
  4. Once the authority is satisfied that your premise abides by the standards, it will provide you the license.
  5. If cosmetics are to be manufactured at more than one place, a separate application for each premise need to be made and separate license needs to be obtained for each premise.

 

Documents to be furnished along with Application to acquire license:

 

  1. Affidavit of Applicant
  2. List of machines installed for manufacturing
  3. List of laboratory equipment
  4. Valid NOC from Pollution Control Board
  5. Rent/Lease Agreement in case premises is taken on rent or lease.
  6. Plan layout of the premises.

 

Conditions for the grant of Manufacturing Licence:

 

  1. Technical Staff consisting of at least one person who is a whole-time employee and who holds a Diploma in Pharmacy approved by the Pharmacy Council of India or registered under the Pharmacy Act, or has passed the Intermediate Examination with Chemistry as one of the subjects or an examination recognized by the Licensing Authority as equivalent to it.
  2. The factory premises shall comply with the requirements and conditions specified in Schedule M-II
  3. The Applicant must decide for Licensing Authority to conduct such tests.

 

In case you need any assistance in legal or accounting or secretarial services, things can be consulted and delivered seamlessly on Wazzeer platform -> “Get your Wazzeer”

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License, Licenses

Ever thought of starting a Homestay business and placing it for rent on Airbnb? If yes, then this is a blog is for you. Homestays are gaining popularity among the businesses in unorganized sector all credits goes to the unique experiences which come along with it. In the top 50 emerging tourism destinations of India, homestays form 13 percent of the total accommodation. Building a hotel involves frequent investments; homestays, on the other hand, are created out of rooms which already exist within a property or an entire property in itself, hence involving nominal or no expenditure. Since travelers nowadays are on the lookout for an offbeat approach to learning more about a place or a destination, this concept seems both, lucrative and appealing at the same time. 


The Ministry of Tourism classified fully operational terms of Bed and Breakfast/ Homestay facilities as ‘Incredible India Bed and Breakfast/Homestay Establishments’. The idea behind this is to provide a clean and affordable place for foreigners and domestic tourists including an opportunity for foreign tourist to stay with an Indian family so as to experience Indian customs and traditions.


Incredible India Scheme of Bread and Breakfast regularizing Homestay License:

  1. Speaking of classification, Homestay Establishments is grouped as :
  • Gold
  • Silver

     While the government of Rajasthan only considers Gold and Silver, Kerala, for instance, has a Diamond category added to the homestay too. 

  1. Facilities and services provided will be checked by the Regional Classification Committee. 
  2. Once approved by Ministry of Tourism, will be duly publicized. A directory of such establishments shall be prepared. Short-term training courses in hospitality sector will also be patronized
  3. It is important to get a license that the owner of the homestay (along with family) shall reside in the same establishment
  4. Homestay Establishment is expected to maintain the required standard. Any serious faults will be reported to the Department of Tourism and the Department is free to take any action including cancellation of the classification.
  5. The Committee may recommend a category either higher or lower than the one which you are applied for. In case of category higher than the one you are applied, you will have to deposit the required fee for the recommended category. However, in case of a lower category, there will be no refund of the extra fee.
  6. Any changes in the facilities of the unit should be reported to the Ministry of Tourism, Government of India within 30 days.
  7. After this, a recognition certification will be given to the owner.



Who can apply for  Homestay License?

  1. Individuals or families who own a house of good quality in the state and can spare at least 2 rooms for tourist accommodation.
  2. The classification will be given only in those cases where the owner/promoter of the unit along with his/her family is physically residing in the same unit.
  3. A maximum number of rooms for offering to the tourists shall be limited to 5.
  4. At least one of the family members should be able to communicate in English.
  5. The houses in areas of tourism importance will get priority.

 


Application Form:

Application must be collected from the State Tourism Department Head office or from other concerned district offices. The application for Homestay License must be sent along with the requisite fee to the State Ministry of Tourism. Applications can even be sent to the district level. This makes easier for the establishment in small towns and rural areas. 

 


Mandatory requirements at the time of submitting application form:

Along with the duly filled form, you would require:

  1. Proof of ownership/lease of the building.
  2. Location plan showing access to the building from the major roads.
  3. Plan and elevation of the existing building.
  4. One hard copy and one soft copy of the photographs of the building including the interiors.
  5. Police Clearance Certificate from the Local Station House Officer

After submission of application form, the representatives of the district government come in for a surprise inspection, following which a homestay is recognized and rated as per facility available. The process of acquiring an electrical connection is the same as that of a home, so it varies from state to state. The whole process might take a couple of years. 

 


Application format for an establishment of homestay:

  1. Name of the Homestay Establishment.
  2. Category applied for
  3. Name and address of the promoters/owners with a note on their background
  4. Complete postal address of the Homestay Establishment
  5. Details of the Homestay Establishment.
  6. Photographs of the building including interiors showing types of facilities available, bathroom, living room, bedroom, parking etc.
  7. Details of payment of application fee
  8. Checklist details as per Annexure II
  9. Consent of acceptance of the regulatory conditions (please enclose a copy of the prescribed undertaking as per Annexure III duly signed by the owner of the establishment)

 

Conclusion:

Still, in its nascent stage in India, homestays are gradually increasing their presence to meet the existing demand. To list a homestay establishment on any directory, offline or online, procuring Homestay License would be necessary.

We at Wazzeer are budding entrepreneurs just like you with a bigger vision to transform the industry. Wazzeer simplifies things for you. If you have a business plan and wish to take a leap come on board with us. Get to know about the nuances related to incorporation and starting your business in a hassle-free way.

 

Our experts are right here to align your ideas with reality, to kick-start the procedure to acquire  Homestay License, Let’s Connect -> “Get your Wazzeer”

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Contracts and Agreement, License, Uncategorized
  1. Music License: You can use a free public domain or CC 3.0 licensed music from the web, however, most of the time it’s tough to find good music suitable for your game there. You would also need to buy a license for the sound effects that have been copyrighted.
  2. Employee Contract: You will need this for hiring any full or part-time employees. Employee Contract can determine the pay schedule, when the employee will receive pay, any paid holidays, paid sick days or paid vacation days, and other various things. It helps you and your employee understand what you are offering him or her.
  3. General Contract: It is somewhat similar but can be used for contract hires and freelancers who work for you.
  4. Confidentiality Agreement: It is for anyone working with you on your game. This one is important as it states that anything created for the game is owned by your company, and not the creator. This protects your company from your employees or your contract hires from stealing your intellectual property and claiming it is their own.
  5. User Agreement: It is also known as a software license or end user license agreement?. Through this, the user agrees to the privilege of using or purchasing your software and promise to comply with all the restrictions stated in the user agreement.
  6. Privacy Policy: This is for the purpose of telling how you use any information that your users give to you, either on your website or your game/app. It also states that you will protect your users information and it publically states what information is required in order to use your service.
  7. All Rights Reserved: It tells that everything that is within your website or game/app is yours, you hold the right to use it, and unless otherwise stated people require your permission to use your stuff. It is for the purpose of protecting your stuff from theft and other claims on your stuff.
  8. Terms of Service: These are the rules you declare in order for someone to comment on your website, purchase a product from you or other services that you might offer. If someone were to break your rules, your Terms of Service would actually come into play and you can handle it accordingly.
  9. Unity License: You need to have any valid Unity license (either personal or pro) to submit your app. The license can be free one or a paid one, though pirated licenses will not work at all.
  10. Other Licenses: You also need to buy the license for the trademark stuff, like, if you want to use a specific car model in your car racing game you need to buy the license from the company, or if you want to buy a specific gun model it also requires a license.
  11. Adobe license: This one is important as you need Photoshop or Illustrator license. You can use Creative Cloud as one of the most potential solutions.
  12. Autodesk license: Autodesk license for 3D Max and/or Maya should also be taken in order to create 3D content. One can buy a monthly subscription instead of the perpetual license.
  13. Tax Registration: Indirect tax registration and Direct tax registration is something that is applicable to all businesses in India.
  14. IP protection: It’s the endearing competitive touch that you can give to your product.
  15. Funding Compliance: Raising funds involves multiple legal compliances that not just investor wants, but also you need to protect your relationship with investors.
We have been helping businesses like yours to get in touch with best lawyers and Accountants for years now, we would be glad to help you, let us know. Thanks!
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FSSAI, Uncategorized
FSSAI license is mandatory to carry any business activity which deals with production, manufacture, processing, distribution, selling, import, export, the stock of any food article or beverage and it includes Dairy Business, Meat processing, Hotels.  

Benefits of FSSAI license
FSSAI license certifies that food is tested and the hygiene, sanitary and safety requirements as set by government of India have been followed by the business entity.

Punishment for carrying on business without FSSAI license
The Food Safety and Standards Act, 2006 strictly prohibits any person or food business operator to engage into manufacturing, selling, distribution or imports of any food product without FSSAI license, punishment with imprisonment for 6 months and also with a fine upto Rs. 5,00,000.

Who does not require FSSAI?
Any small food business operator who manufactures or sells any food item himself or a petty retailer, hawker, itinerant vendor or temporary stall holder or distributes foods including in any religious or social gathering except a caterer are exempted from FSSAI license, but it is mandatory for them to register with Food Authority. The annual turnover of these Food Business Operator is less than Rs. 12 lakhs. Once these Petty food business operators register with Food Authority, Certificate of Registration and a photo identity card.

Categories of FSSAI license: 2 types, Central and State, depending upon the turnover /output or storage capacity of Food business operator. 

1. State Fsssai license is mandatory for food Business operator(FBO) if:
  • Its Annual turnover of FBO is above 12 lakhs, or
  • It is 3 star hotels and above, or
  • If Transporter having 100 vehicles or turn over up to 30 crore
2. Central FSSAI license is mandatory for food Business operator (FBO) if:
  • Its annual turnover is above Rs. 20 crores, or
  • Its business operations in more than one state, or
  • Any FBO is engaged in import or export of food products, or
  • It is Five-star Hotels and above
Note: Eligibility for state and Central FSSAI license varies from business to business.


Documents Required for FSSAI State and Central License:
  1. Blueprint or layout plan of the processing unit
  2. List of Directors or partners with full address and contact details
  3. Photo ID and address proof issued by Government authority of Proprietor or Partner or Director(s)
  4. Name and List of Equipment and Machinery along with their number, installed capacity
  5. List of food category desired to be manufactured. (In case of manufacturers).
  6. Authority letter with name and address of responsible person nominated by the manufacturer along with alternative responsible person indicating the powers vested with them viz assisting the officers in inspections, a collection of samples, packing & dispatch. (Mandatory for manufacturing and processors).
  7. Analysis report (Chemical & Bacteriological) of water to be used as an ingredient in food from a recognized or public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only).
  8. A Copy of sale deed or Rent agreement or electricity bill
  9. A copy of Partnership Deed or Affidavit or AOA & MOA towards the constitution of the firm.
  10. A copy of certificate obtained under Co-Op Act 1861/Multi State Co-Op Act 2002 for Co-Operatives. (if applicable).
  11. Food Safety Management System plan or certificate (if any).
  12. Source of raw material for meat and meat processing plants. (if applicable).
  13. Pesticide residues report of water (for packaged drinking water business),
  14. NOCs from Municipality or local body. (optional)
  15. Supporting document proof for turnover
  16. Import Export?Code document issued by DGFT(dealing with import and export of food products)
Start-up process entails complex procedures and many bureaucratic hurdles, entrepreneurs are better off using professional services. Hiring a virtual lawyer and virtual accountant can save time and help ensure that the process goes smoothly. For any Legal and Accounting support, Happy to help you, let us talk  🙂
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License, Uncategorized
Baam! got an idea, incorporated my food startup, but what are the post incorporation compliance that I need to know to start my operations? Well, that’s a question that we at Wazzeer hope to solve. A quick checklist of license for Restaurants and Food Joints.

Food Safety License FSSAI:
Having this license in the restaurant, identifies your restaurant as one that meets the standards and guidelines under FSS act. Which means you are providing food safety and nutrition with your serving. This license is mandatory.

Trade License: You must take this license from municipal Corporation or health department of the state. This license provides you permission to trade the food products. Situations of food delivery is a common example.

Eating House License: You can acquire this license from police Commissioner of the location which is mandatory. ?This license guarantees the public visiting your restaurant, that the ambience is in good shape.

Liquor License: You can acquire this one from excise Commissioner, this would be a mandatory one for those of you who serve alcoholic beverages in the restaurant.

Approval or Re-Approval of Restaurants: This one is to be taken from department of Tourism of Government of India / Delhi Government, this grants you permission to acquire L-4 license.

Playing of Music in restaurants: You need to take this license from License Phonographic Performance Limited or Indian Performing Right Society. This is applicable if you have music playing in your restaurant.

Environment Clearance: This one is acquired from State Pollution Control Committee, this one is mandatory too.? This is more like guaranteeing the government that you are not doing anything that violates pollution norms.

NOC from Fire Department: You need to acquire this one from fire Department this is mandatory.

Weights and Measures: This one is acquired from legal Metrology Department, this one establishes standards of weights and measures, to regulate trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number.

Lift License Concerned authority: This one can be acquired from Electrical Inspector, Office of the Labour Commissioner, this one is mandatory If lift is to be installed.

Employees State Insurance: You can get this one from Labour Commissioner which is again mandatory. Employee?s State Insurance (ESI) is a social security and health insurance for the employees of a firm. During his course of work, he along with his employer contributes towards ESI which provides him with security by protecting the employee during sickness, accidents, injury or disability.

Insurance: Insurance for Public Liability, Product Liability, Fire Policy Building & Asset can be acquired from Any insurance company and yes this is again mandatory.

Shop and Establishment Registration: You need to do this registration with the state government in labour department. This is to regulate conditions of work, and to provide for regulation of the employers and rights of the employees in un-organized sector of employment and other establishments.

Signage License Municipal Committee: This one is mandatory in some states and this one can be procured from state government. This one is applicable when restaurants use signage.

Startup entails complex procedures and many bureaucratic hurdles, entrepreneurs are better off using professional services. Hiring a virtual lawyer and virtual accountant can save time and help ensure that the process goes smoothly.

For any Legal and Accounting support, Happy to help you, let us talk 

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License, Licenses, Start up Lessons

Trade License is one of the most important and mandatory registration required for a company. It is a certificate issued by the State Government granting a business permission to carry on with a particular trade for which it has been issued.

Procedure to get Trade License registration done Firstly you need to apply for trade license by filling application form online/offline, and then you will get an acknowledgement letter which you need to submit back to local Municipal Corporation. After submission an inspection will be made at the place of business by Government authorities, here the authority decides the Government fees based on area of the place and number of employees you have.

The process moves forward after the payment of government fees is made, follow which you will get your trade license certificate.   The documents required for Trade License Certificate

  • Rental Agreement
  • Partnership deed/ certificate of incorporation
  • Latest property tax paid receipt
  • Address proof of directors
  • PAN of the entity
  • Consent letter from the owner of place of business
  • NOC from neighbours
procedure for having a trade license for your startup

Wazzeer is vouched by Entrepreneurs as the most reliable Legal and Accounting Partner. We would be super excited to help you. Let’s Connect! 🙂
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