learn

Approval as Co-developer

Special Economic Zone (SEZ) is a specifically delineated duty free enclave and shall be deemed to be foreign territory for the purposes of trade operations and duties and tariffs.The main objectives of the SEZ Scheme is generation of additional economic activity, promotion of exports of goods and services, promotion of investment from domestic and foreign sources, creation of employment opportunities along with the development of infrastructure facilities.The infrastructure facilities of the SEZs are normally provided by the Developer. However, the developer may bring in a Co-developer for the purpose of developing infrastructure by entering into an agreement with the co-developer. The application for co-developer status has to be filed with the Development Commissioner of the SEZ who will place the application for consideration of the Board of Approvals . Approval applicability/trigger Applicable if one wants to be a Co-Developer i.e., entity co-operated by the developer for setting up infrastructural facilities in the approved SEZ. He would need to enter into an agreement with the Developer. Requirements for establishment of a Special Economic Zone.- (1) The Board may approve as such or modify and approve a proposal for establishment of a Special Economic Zone, in accordance with the provisions of sub-section (8) of section 3, subject to the requirements of minimum area of land and other terms and conditions indicated in sub-rule (2). (2) The requirements of minimum area of land for a class or classes of Special Economic Zone in terms of sub-section (8) of section 3 shall be the following, namely:- (a) A Special Economic Zone for multi product shall have a contiguous area of one thousand hectares or more: Provided that such Special Economic Zone established exclusively for services may have a contiguous area of one hundred hectares or more: Provided further that in case a Special Economic Zone is proposed to be set up in Assam, Meghalaya, Nagaland, Arunachal Pradesh, Mizoram, Manipur, Tripura, Himachal Pradesh, Uttaranchal, Sikkim, Jammu and Kashmir, Goa or in a Union territory, the area shall be two hundred hectares or more: Provided also that as least thirty-five per cent of the area shall be earmarked for developing the processing area, which may be relaxed upto twenty-five per cent by the Central Government on recommendations of the Board for the reasons to be recorded in writing; [amended vide notification dated 10.8.2006] Provided also that the fulfillment of the requirement of the contiguous area shall be considered and decided by the Board on a case to case basis on merits; (b) A Special Economic Zone for a specific sector or in a port or airport, shall have a contiguous area of one hundred hectares or more: Provided that in case a Special Economic Zone is proposed to be set up exclusively for electronics hardware and software, including information technology enabled services, the area shall be ten hectares or more with a minimum built up processing area of one lakh square meters: Provided further that in case a Special Economic Zone is proposed to be set up exclusively for bio-technology, non-conventional energy, including solar energy equipments/cell, or gem and jewellery sectors,  the area shall be ten hectares or more with a minimum built up area as under : (i) forty thousand square meters in case of a Special Economic Zone proposed to be set up exclusively for bio-technology and non-conventional energy sectors, including solar energy equipment/cells but excluding a Special Economic Zone set up for non-conventional energy production and manufacturing; (ii) fifty thousand squaro meters in case of a Special Economic Zone proposed to be set up exclusively for the gems and jewellery sector. [amended vide notification dated 10.8.2006] Provided also that in case a Special Economic Zone for a specific sector is proposed to be set up in Assam, Meghalaya, Nagaland, Arunachal Pradesh, Mizoram, Manipur, Tripura, Himachal Pradesh, Uttaranchal, Sikkim, Jammu and Kashmir, Goa or in a Union territory, the area shall be fifty hectares or more for the Special Economic Zones not covered under the first and second proviso: Provided also that at least fifty per cent. of the area shall be earmarked for developing processing area; (c) Special Economic Zone for Free Trade and Warehousing shall have an area of forty hectares or more with a built up area of not less than one lakh square meters: Provided that in a stand alone Free and Warehousing Zone at least fifty per cent of the area shall be earmarked for developing processing area : Provided further that a Free Trade and Warehousing Zone may also be set up as part of a Special Economic Zone for multi-product; [amended vide notification dated 10.8.2006] provided also that in a Special Economic Zone for a specific sector, Free Trade and Warehousing Zone may be permitted with no minimum area requirement but subject to the condition that the maximum area of such Free Trade and Warehousing Zone shall not exceed twenty per cent. of the processing area.[amended vide notification dated 10.8.2006] (3) The requirements of the minimum area of land for the Special Economic Zones, – (a) which had been, before the commencement of these rules ,- (i) recommended by the Board of Approval constituted by the notification of the Government of India, in the Ministry of Commerce and Industry (Department of Commerce) Number 14/1/2001-EPZ dated the 7th August, 2001;and (ii) approved by the Central Government; (b) which had acquired or taken possession of the land required for setting up of the Special Economic Zones before the commencement of these rules; and (c) which are situated in any of the States mentioned under column (2) of the Annexure II to these rules, shall, for each sector under column (3) of the Annexure II, be such as mentioned in the corresponding entries under column (4) against each such sector situated in the State mentioned under column (2) of the said Annexure II. (4) The Developer or Co-Developer shall have at least twenty-six percent of the equity in the entity proposing to create business, residential or recreational facilities in a Special Economic Zone in case such development is proposed

Approval as Co-developer Read More »

Gujarat RERA Registration for Project

Under the Real Estate (Regulation and Development) Act 2016,the Government of Gujarat established the Gujarat Real Estate Regulatory Authority (GUJRERA), for the promotion and regulation of the real estate sector in the state. The Authority’s main mission is to provide a secure, transparent, trustworthy and sustainable real estate regulatory environment that encourages investment while protecting consumers. Under the RERA Act, it is mandatory for the promoters to register their real estate project to sell, advertise, market, book or purchase. The promoters are expected to make an application to the authority for registration. The Department of Gujarat Real Estate Regulatory Authority grants the RERA registration for the project. Applicability for Registration Any person who constructs or who wants to builds an independent building or a building consisting of apartments or modification of existing structure into apartments to sell apartments to the persons. Any person who develops the land into a project, to sell projects to other persons. Buildings or plots constructed by such authority or public body on who owns property or placed at their disposal by the government. Plots owned by development authority or which is placed at their disposal by the government to sell the apartments. A state-level cooperative housing finance society and a primitive cooperative housing society which constructs the apartments or buildings for its members or to the allottees. Any person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any different name or claims to be acting as the holder of a power of attorney from the landlord of the property on which the building or apartment is constructed or plot is developed for sale. Documents Required All promoters are required to furnish the following documents along with the application form. Registration certificate of the company. Promoter Photograph. Project Head Photograph (if a company) CA certificate Architect certificate Engineer certificate Balance sheet for three years Audited profit-loss statement for three years Director’s Report for three years Cash flow statement for three years Auditor Report Income tax return acknowledgement. Pan card Encumbrance certificate Commencement certificate Approved building plan or plotting plan. Approved layout plan. Proforma for sale agreement. LAnd documents and location. Approved an infrastructure plan. Area development plan Proforma for allotment letter Brochure of the current project All no objection certificate from authorities Declaration (form B) Proforma for sale deed Project photo. Project specification. Payment receipt Procedure for RERA Project Registration Visit Official Portal Step 1: The applicant has to approach the official site of Gujarat Real Estate Regulatory Authority. Project Registration Step 2: Click on “Project Registration” tab which is present on the homepage of the portal. Type of Promoter Step 3: Select the promoter type whether individual or societies/company/partnership firm/LLP/Trust/HUF and then type your email id click on “Next” button. Promoter Details Step 4: Enter the promoter details such as promoter name, PAN number, email id, mobile number, address, company registration number. Authorising Signatory Step 5: Enter the details of the authorised signatory, project head, RERA registration number if applicable in other project and previous project details. Project Details Step 6: Now provide the project details for registration like project name, description of the project, project start date, project start date, land cost and total project cost. Development Details Step 7: You need to provide development of registration like the type of inventory, the number of inventory available for sale, carpet area, the area of the balcony, area of private open terrace. Internal Development Work Details Step 8: Fill the internal development work details such as road system, water supply, sewage and drainage’s, electricity supply, solid waste management. Project Banks Details Step 9: Fill the project bank details for registration like bank detail, branch name, account name and IFSC code. Project Agent Detail Step 10: Fill the project agent details such as agent registration number of RERA, the name of the agent, address if applicable. Project Architect Detail Step 11: Fill the project architect detail such as name, email id, address, number of key projects completed, local authority license number. Project Structural Engineer Detail Step 12: Fill the structural engineer details such as name, email id, address, number of key projects, completed, year of establishment. Upload Documents Step 13: After filling the required details for the registration of projects and then upload all the specified documents. Online Payment Step 14: You have to make online payment for registration after submission of online application for RERA projects. Payment Gateway Step 15: The current page will be redirected to the payment gateway provide your user id and password to access your online payment services. Agree and Pay Step 16: Click on “Agree and Pay” button to remit the respective fee for registration. Receive Acknowledgement Step 17: After making the payment you will receive a message that your project registration has been submitted successfully and also you will be provided with the acknowledgement number that can be used for further reference. Penalty for Non-Registration of Projects In case of non-registration of the Gujarat real estate project, under Section 59 imposes a penalty of up to 10% of the excepted project cost and in case of continued default, an extra fine up to 10% of the expected project cost or imprisonment up to three years or both. FAQs What is RERA, and why is it important for real estate projects in Gujarat? RERA is a regulatory framework that aims to bring transparency, accountability, and efficiency to the real estate sector. In Gujarat, it ensures that developers register their projects and adhere to certain guidelines, providing protection to homebuyers. Which projects need to be registered under Gujarat RERA? All new and ongoing real estate projects that meet the specified criteria need to be registered under Gujarat RERA. This includes residential and commercial projects. Who is responsible for registering a real estate project under Gujarat RERA? The promoter or developer of the project is responsible for registering it with the Gujarat Real Estate Regulatory Authority. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration |

Gujarat RERA Registration for Project Read More »

Bankruptcy

Bankruptcy can provide financial relief in the form of a restructured debt repayment plan or a liquidation of certain assets to pay off a portion of your debt. Although bankruptcy may be unavoidable for some, it can severely damage your credit score, so it’s crucial to pursue all alternatives before considering it. Bankruptcy is a legal process that eliminates all or part of your debt, though not without serious consequences. Understanding the bankruptcy process, including the different options and their ramifications, can help you determine whether the benefits are worth the drawbacks. What Is Bankruptcy? Bankruptcy is a legal proceeding initiated when a person or business is unable to repay outstanding debts or obligations. It offers a fresh start for people who can no longer afford to pay their bills. The bankruptcy process begins with a petition filed by the debtor, which is most common, or on behalf of creditors, which is less common. All of the debtor’s assets are measured and evaluated, and the assets may be used to repay a portion of the outstanding debt. How Bankruptcy Works Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that they can’t pay. Meanwhile, creditors have a chance to get some repayment based on the individual’s or business’s assets available for liquidation. In theory, the ability to file for bankruptcy benefits the overall economy by allowing people and companies a second chance to gain access to credit. It can also help creditors regain a portion of debt repayment. A bankruptcy judge makes decisions, including whether a debtor is eligible to file and whether they should be discharged of their debts.Administration over bankruptcy cases is often handled by a trustee, an officer appointed by the United States Trustee Program of the Department of Justice, to represent the debtor’s estate in the proceeding. The debtor and the judge usually have no contact unless there is some objection made in the case by a creditor. When bankruptcy proceedings are complete, the debtor is relieved of their debt obligations. What Are the Types of Bankruptcy Filings? Bankruptcy filings in the United States are categorized by which chapter of the Bankruptcy Code applies. For example, Chapter 7 involves the liquidation of assets, Chapter 11 deals with company or individual reorganizations, and Chapter 13 arranges for debt repayment with lowered debt covenants or specific payment plans. Chapter 7 Bankruptcy Most people file for Chapter 7 bankruptcy, which allows you to dispose of unsecured debts, such as credit card balances and medical bills. You must liquidate property to repay some or all of your unsecured debts if you have nonexempt assets, such as family heirlooms (collections with high valuations, like coin or stamp collections), second homes, or investments like stocks or bonds. When you file Chapter 7 bankruptcy, you essentially sell off your assets to clear debt. People who have no valuable assets and only exempt property—such as household goods, clothing, tools for their trades, and a personal vehicle worth up to a certain value—may end up repaying no part of their unsecured debt. Chapter 11 Bankruptcy Businesses often file for Chapter 11 bankruptcy, with the goal of reorganizing and remaining in business. Filing Chapter 11 bankruptcy gives a company the opportunity to create plans for profitability, cut costs, and find new ways to increase revenue. Its preferred stockholders, if any, may still receive payments, though common stockholders will be last in line.4 For example, a housekeeping business filing Chapter 11 bankruptcy might increase its rates slightly and offer more services to become profitable. Chapter 11 bankruptcy allows the business to continue conducting its business activities without interruption while working on a debt repayment plan under the court’s supervision. In rare cases, individuals can also file for Chapter 11 bankruptcy. Chapter 13 Bankruptcy Individuals who make too much money to qualify for Chapter 7 bankruptcy may file under Chapter 13, also known as a wage earner’s plan. It allows individuals—as well as businesses, with consistent income—to create workable debt repayment plans. The repayment plans are commonly in installments over the course of a three- to five-year period. In exchange for repaying their creditors, these debtors are allowed, per the courts, to keep all of their property, including otherwise nonexempt property.6 Other Bankruptcy Filings While Chapter 7, Chapter 11, and Chapter 13 are the most common bankruptcy proceedings, there are several other types: Chapter 9 bankruptcy is available to financially distressed municipalities, including cities, towns, villages, counties, and school districts. Under Chapter 9, municipalities do not have to liquidate assets to repay their debts but are instead allowed to develop a plan for repaying them over time.7 Chapter 10 bankruptcy, which effectively ended in 1978, was a form of corporate bankruptcy that has been supplanted by Chapter 11. Chapter 12 bankruptcy provides relief to family farms and fisheries. They are allowed to maintain their businesses while working out a plan to repay their debts.8 Chapter 15 bankruptcy was added to the law in 2005 to deal with cross-border cases, which involve debtors, assets, creditors, and other parties that may be in more than one country. This type of petition is usually filed in the debtor’s home country. Being Discharged From Bankruptcy When a debtor receives a discharge order, they are no longer legally required to pay the debts specified in the order. What’s more, any creditor listed on the discharge order cannot legally undertake any type of collection activity (such as making phone calls or sending letters) against the debtor once the discharge order is in force.However, not all debts qualify to be discharged. Some of these include tax claims, anything that was not listed by the debtor, child support or alimony payments, personal injury debts, and debts to the government. In addition, any secured creditor can still enforce a lien against property owned by the debtor, provided that the lien is still valid.Debtors do not necessarily have the right to a discharge. When a petition for bankruptcy has been filed in court, creditors receive a notice and can object if they choose to do so. If they do, they will need to file a complaint in court before the deadline. This leads

Bankruptcy Read More »

Fast moving consumer goods (FMCG)

Fast-moving consumer goods are products that sell quickly at relatively low cost. These goods are also called consumer packaged goods. FMCGs have a short shelf life because of high consumer demand (e.g., soft drinks and confections) or because they are perishable (e.g., meat, dairy products, and baked goods).These goods are purchased frequently, consumed rapidly, priced low, and sold in large quantities. They also have a high turnover when they’re on the shelf at the store. Understanding Fast-Moving Consumer Goods (FMCG) FMCG products, or merely fast moving consumer goods, are non-durable products that need to be sold, usually at a low cost, and consumed within a set duration. FMCG products are perishable and highly demanded, so they are produced and sold in large quantities. Examples of these goods include processed, baked, frozen and fresh food, beverages and confectionery, toiletries, over-the-counter medications etc. FMCG products are goods that are meant for immediate consumption by the average consumer. They are day-to-day items that are purchased recurrently by consumers. It is an industry where competitiveness is one way to thrive, by offering various alternatives and choices for the consumer to choose from. As a result, the turnover rate for this industry is also high, crediting the high volume production and equally high purchases. Packaging plays a major role in the operations, not only for identification, but to also provide any possible extension to and efficacy to the mostly perishable goods in this segment. These goods are often divided into categories, owing to their shelf-life. They include processed goods like cheese, cereals etc. and prepared meals that are ready to eat and/or frozen food that is heated at the time of consumption. Beverages, baked goods, cleaning products and prescriptionless medications, stationery etc. Highlights of Fast Moving Consumer Goods Products (FMCG) FMCG products have inelastic demand i.e. despite the change in factors of demand, the demand for them is loosely affected. The recent shift in consumer perspective to purchase and support local brands increased the importance and brought local contributions in the FMCG industry to light. Local consumption reduces costs in marketing, packaging and transportation, while also making it convenient for the consumer to procure their products. FMCG products make up more than a half of the entire consumer spending segment. It also is the largest employing industry, often providing jobs in many rural and urban areas. Types of Fast-Moving Consumer Goods Processed foods: Cheese products, cereals, and boxed pasta Prepared meals: Ready-to-eat meals Beverages: Bottled water, energy drinks, and juices Baked goods: Cookies, croissants, and bagels Fresh foods, frozen foods, and dry goods: Fruits, vegetables, and nuts Medicines: Aspirin, pain relievers, and other medication that can be purchased without a prescription Cleaning products: Baking soda, oven cleaner, and window and glass cleaner Cosmetics and toiletries: Hair care products, concealers, toothpaste, and soap Office supplies: Pens, pencils, and markers The Fast-Moving Consumer Goods Industry Because fast-moving consumer goods have such a high turnover rate, the market is not only very large, it is very competitive. Some of the world’s largest companies compete for market share in this industry including Tyson Foods, Coca-Cola, Unilever, Procter & Gamble, Nestlé, PepsiCo, and Danone. Companies like these need to focus their efforts on marketing fast-moving consumer goods to entice and attract consumers to buy their products. That’s why packaging is a very important factor in the production process. The logistics and distribution systems often require secondary and tertiary packaging to maximize efficiency. The unit pack or primary package is critical for product protection and shelf life, and also provides information and sales incentives to consumers. FAQs What Are Consumer Packaged Goods? Consumer packaged goods are the same as fast-moving consumer goods. They are items with high turnover rates, low prices, or short shelf lives. Fast-moving consumer goods are characterized by low profit margins and large sales quantities. Some products that fall within this group include soft drinks, toilet paper, and dairy products. What Are 3 Types of Consumer Goods? The three main consumer goods categories are durable goods, nondurable goods, and services. Durable goods, such as furniture or cars, last at least three years. Often, economists will watch durable goods spending to track the economy’s health. Nondurable goods are items with a shelf life of under three years and are consumed rapidly. Fast-moving consumer goods fall within this category. Finally, services include intangible services or products, such as haircuts or car washes.  What Are Some of the Largest Fast-Moving Consumer Goods Companies? Nestlé, Procter & Gamble, and Coca-Cola are among the world’s largest fast-moving consumer goods companies. Swiss-based Nestlé, for instance, operates over 2,000 brands that cover everything from vitamins to frozen foods.8 Notably, the competition for market share is high within the fast-moving consumer goods industry. In response, companies focus heavily on packaging to attract customers and preserve the product’s shelf life and integrity. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore

Fast moving consumer goods (FMCG) Read More »

Hookah Lounge and Bar License in Rajasthan

Embark on an exciting journey to unlock the secrets of obtaining a Hookah Lounge License in the enchanting state of Rajasthan. Discover the simple yet essential steps that pave the way for your dream hookah lounge to become a reality. From navigating the paperwork to understanding the fees involved, we’ll guide you through the process in plain, easy-to-understand language. Rajasthan bar license is a document of permission granted to a bar for the retail sale of liquor to its bonafide members for consumption in the prescribed premises. To promote tourism, Rajasthan Government has removed the restriction for Restaurant Bars. The Land of Kings (Rajasthan) & Pink City (Jaipur) might be the many people’s showcase destination in north India. Thus, the demand for bars has steadily grown, and the running of a bar has become a very lucrative business. After the petrol pump and gas agencies, a bar can be among the most profitable investment. The Government of Rajasthan issues bars license under the Rajasthan Excise Act to regulate the consumption and sales of liquor. Overview of Hookah Lounge License in Rajasthan A hookah lounge license is a legal authorization or permit granted by the relevant government authorities that allow an individual or entity to operate a hookah lounge business in a specific location. It is necessary to obtain this license to ensure that the hookah lounge operates in compliance with the law and meets the prescribed regulations and standards. Rajasthan Excise Act Rajasthan bar license is mandatory under the provisions of Rajasthan Excise Act. This act moderates the import, manufacture, distribution and sale of liquor which includes spirits, Liquor, Tari, Pachawar, Beer, IMF and all liquid consisting of alcohol. Beer includes ale, stout, porter and all other fermented Liquors made from malt. IMFL means foreign Liquor made in India, i.e. Indian Made Foreign Liquor Importance of Bar License Some of the significance of obtaining Rajasthan bar license is explained here:   Bar license is used to mitigate the unnecessary sale of liquor, drug licenses are provided for monitoring the mechanism. It is unlawful for any person to manufacture, distribute or sell intoxicating liquor without a drug license issued by the Rajasthan Government There is a requirement to regulate the selling of alcohol and to maintain the health and peace in the State, there is a requirement to monitor the sale of liquor, and hence a drug license is necessary. Classification of Bar License According to the Rajasthan Excise Act, 1973, Rajasthan Drug License can be classified in the following categories: Restaurant bar license Club bar license Hotel bar license Restaurant bar license– Restaurant license means retail on the license for the sale of beer, Wine and Ready to Drink Liquor granted to a Restaurant which makes the sale to customers for consumption in Restaurant premises. Restaurant bar license is issued under Rajasthan Excise Act, 1973. Club bar License- Club bar license means a license granted to a club for the retail sale of foreign liquor to its bonafide members for consumption in the club premises. Club bar License & hotel bar license is issued under the Rajasthan Excise Act, 1950. Hotel bar license- Hotel bar license means retail on the permit for the sale of foreign liquor granted to a hotel which makes sales international and Indian tourists and visitors residing in it for consumption in a room earmarked for serving alcohol or such other part of the hotel as may be approved by the Rajasthan Government. Basic Requirements The requirement for Standard Restaurant Bar Restaurant means that any place to which the public is admitted for the Consumption of food or drink. The excellent quality Restaurant can be able to sell Beer, Wine and Ready to Drink Liquor: Minimum Annual Turnover of Restaurant Bar should be Rs 10 Lac Taxable and Turnover Income Rs 5 Lac The bar should have A.C. Facility The bar should be a minimum space of 800 square feet and should have a capacity of around 40 people to sit The bar should be Proper Toilet Facility available for Man and Woman Restaurant Bar will sell only Beer Restaurant Bar will not sell Beer/Wine/Ready to Drink to under 18 people The requirement for Hotel Bar Hotel means all Tourist Bungalows and hotels run by the Department of Tourism and Hotel Corporation of the Rajasthan Government and the Government of India. Hotel with at least twenty bedrooms which is adjudged to be of an at least two-star hotel by the Tourism Department, Government of India will also need to get a bar license. Heritage hotels Heritage hotels having hotel bar license can effect retails off the sale of Heritage Liquor produced by the Rajasthan State Ganganagar Sugar Mills Ltd. By visiting official website of Rajasthan State Excise Department,  The requirement for Club bar Club bar is further classified as a civil club and the commercial club as follows: Civil club Bar Civil club means an association of minimum a hundred persons for social, recreational purposes or for the promotion of some common aim on joint expenses without motive to gain profit and duly registered under Rajasthan Society Registration Act, 1958. The civil club should have the following facilities: Swimming Pool Gymnasium having Physical exercise equipment Badminton hall/Squash Court Billiards/Pool table Cards room Lawn tennis court Commercial Club Bar Commercial Club Bar means a duly registered company or firm any organization or association of persons for business and recreational purposes having at least a hundred members. To operate the commercial bar, it should have the following facilities: Swimming Pool Gymnasium having Physical exercise equipment Badminton hall/Squash Court Billiards/Pool table Cards room Lawn tennis court Eligibility Criteria Any person who owns and runs a club/hotel/restaurant as defined above can apply for Rajasthan bar license.  Bar licenses will not be issued to the following persons: A person convicted for any offence under the Rajasthan Excise Act, 1950 or the Opium Act, 1878 is not eligible to apply for bar license: If a person is found to have been convicted for any non-bailable offence by a criminal

Hookah Lounge and Bar License in Rajasthan Read More »

Patent Registration

The complete patent registration process involves a series of steps which are to be mandatorily followed to get a patent in India. Both individuals and businesses can apply for patent registration for their inventions. What is a Patent? A ‘Patent’, in basic terms, is an exclusive right that is granted to any invention (whether a process or a product) under the Patents Act. An ‘invention’, as per the Patents Act is defined as ‘a new product or process involving an inventive step and capable of industrial application’. The definition highlights three important components, also referred to as the patentability requirements, namely: The invention should be a new invention i.e., the invention should not be disclosed in the public domain in any manner prior to the date of filing of patent application. The product or process that has to be patented should involve an inventive step i.e. the invention should in some manner involve technical advancement as opposed to the existing knowledge. In simpler words, the invention should not be obvious to another person possessing the same skill set. The invention should be capable of industrial application, i.e. the process or product intended to be patented should have the ability to be used or made in a particular industry or any industry. It is only upon satisfying these requirements that an invention becomes eligible for protection under the Patents Act, 1970. Drafting of patent application Once the search is complete and through, the next step involved is to prepare an application form in form 1. Each application has to be accompanied by a patent specification. This has to be prepared in form 2 where one has to provide the complete or provisional specification depending upon the state of the invention(Whether its partially completed or completed). In case one files a provisional application, a time gap of 12 months is provided to finalize the invention and file the complete application. A patent draft will also be required to be submitted along with the application. The patent draft is considered a very important document as the same will be used by the patent office in deciding whether or not patent should be granted. Filing the patent application in India No Stages of the patent process Form No. 1. Application for grant of patent Form 1 2. Provisional/complete specification Form 2 3. Statement and undertaking under section 8 (this is only required where a patent application is already filed in the country other than India) Form 3 4. Declaration as to inventorship Form 5 5. Forms submitted only by start-ups and small entities. Form 28 Publication of patent application Patent application filed with the Indian patent office will be published in the official patent journal. This is generally done after 18 months of filing the application. In case one wants to get it published earlier, he can make a request in form 9 for early publication. When a restriction is placed by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal. Examining of patent application Every application filed for protection will be examined before a patent is finally granted. The application has to be made for examination in form 18. The earlier one makes a request, the earlier the application will be examined by the examiner. Once the application is filed, it is transferred to the patent officer who will examine the application to ensure the same is in accordance with the patent act and rules. A thorough search is conducted by the officer where he/she analyses the relevant technology in depth and the objections, if any, will be communicated. The report issued in this case is called the First Examination Report(FER). Grant of patent The patent is granted once all the objections raised by the officer are resolved. Rules to keep in mind while filing the patent application The fees payable with respect to the grant of patents and applications therefor, and in respect of other matters for which fees are required to be payable are specified in the First Schedule. An additional fee of 10% is payable when the applications for patent and other documents are filed physically. The fees payable under the Act or rules may be paid at the appropriate office either in cash, or through electronic means, or may be sent by bank draft, or banker‘s cheque. The amount is payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. If the draft or banker‘s cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker‘s cheque has actually reached the Controller. Where a fee is payable with respect to a document, the entire fee shall accompany the document. In case of transfer of application from a natural person to other than a natural person, the difference, if any between the fee shall be paid by the new applicant with the request for transfer. In case an application by a small entity is fully or partly transferred to a person other that a natural person, the difference, if any, between the fee shall be paid by the new applicant with the request for transfer. In case an application processed by a start-up is fully or partly transferred to any person other than a natural person or a start-up, the difference, if any, can be charged from a start-up and such person to whom the application is transferred. In short this shall be paid by the new applicant along with the request for transfer: Explanation:  Where the start-up ceases to be a start-up after having filed an application for patent due to lapse of more than five years from the date of its incorporation or registration or the turnover subsequently crosses the financial threshold limit as defined, no such difference in the scale of fees shall be payable. Fees once paid in respect of any proceeding shall not ordinarily be refunded

Patent Registration Read More »