Memorandum of micro, small and medium enterprises
Section 8 of the Micro, Small and Medium Enterprises Development Act, 2006 deals with memorandum of micro, small and medium enterprises. Any person who intends to establish,-- (a) a micro or small enterprise, may, at his discretion; The Act came into force on 02 Oct 2006.
(1) Any person who intends to establish,--
(a) a micro or small enterprise, may, at his discretion; or
(b) a medium enterprise engaged in providing or rendering of services may, at his discretion; or
(c) a medium enterprise engaged in the manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951),
shall file the memorandum of micro, small or, as the case may be, of medium enterprise with such authority as may be specified by the State Government under sub-section (4) or the Central Government under sub-section (3):
Provided that any person who, before the commencement of this Act, established--
(a) a small scale industry and obtained a registration certificate, may, at his discretion; and
(b) an industry engaged in the manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951),having investment in plant and machinery of more than one crore rupees but not exceeding ten crore rupees and, in pursuance of the notification of the Government of India in the erstwhile Ministry of Industry (Department of Industrial Development) number S.O. 477(E), dated the 25th July, 1991 filed an Industrial Entrepreneur's Memorandum,
shall within one hundred and eighty days from the commencement of this Act, file the memorandum, in accordance with the provisions of this Act.
(2) The form of the memorandum, the procedure of its filing and other matters incidental thereto shall be such as may be notified by the Central Government after obtaining the recommendations of the Advisory Committee in this behalf.
(3) The authority with which the memorandum shall be filed by a medium enterprise shall be such as may be specified, by notification, by the Central Government.
(4) The State Government shall, by notification, specify the authority with which a micro or small enterprise may file the memorandum.
(5) The authorities specified under sub-sections (3) and (4) shall follow, for the purposes of this section, the procedure notified by the Central Government under sub-section (2).
Section 8, The Micro, Small and Medium Enterprises Development Act, 2006 (Act 27 of 2006).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sivadarshini Papers Limited v. Sunwin Papers
Court's Decision & Legal Precedent
Overwhelming registration materials (Udyog Aadhaar / Udyam) showing MSME status at the material time entitle the supplier to invoke MSEFC under s.18; a buyer who acquiesced in MSMED proceedings cannot later deny MSME character to defeat the machinery, and an arbitrator who wrongly holds non-registration yet still decides merits commits patent illegality — award set aside and matter remitted to a new arbitrator.
On this section: Applies s.8 registration/memorandum evidence as the gateway to MSMED delayed-payment remedies, rejecting Office Memorandum-based retrospective effacement of registrants without clear retrospectivity.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
5 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- S.O. 2347(E) Development Act, 2006 (27 of 2006), the amendments in the notification of Government of India, Ministry, of Micro, Small and Medium Enterprises number S.O. 2119 (E)Notification 2021
- 2119(E) Central Government after obtaining the recommendations of the Advisory Committee in this behalf hereby notifies certain criteria for classifying the enterprises as micro small and medium enterprisesNotification 2020
- Enactment of filing the Udyog Aadhaar MemorandumNotification 2015
- Notification for amendments in the format of E M 2007Notification 2007
- Notification of Authority to filed the memorandum, The General Manager or any District Level Officer specified as the Authority with which the memorandum shall be filed, at his discretion, by a person who intends to establish or has already established a medium enterprise.Notification 2006
Another 10 instruments name this provision in its title or its text without being made under it.
- S.O. 2134(E).—In exercise of the powers conferred by sub-sections (1) and (9) of section 7 read with sub-sections (2) and (3) of section 8 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006),Notification 2022
- S.O. 278(E)—In exercise of the powers conferred by sub-sections (1) and (9) of section 7 read with subsections (2) and (3) of section 8 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006)Notification 2022
- S.O. 1055(E) —In exercise of the powers conferred by sub-sections (1) and (9) of section 7 read with sub-sections (2) and (3) of section 8 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), the Central Government hereby makes the following amendments in the notification of Government of India, Ministry of Micro, Small and Medium Enterprises number S.O. 2119 (E), dated the 26th June, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii)Notification 2021
- In exercise of the powers conferred by subsection 2 of the section 8 of the Micro, Small and Medium Enterprises DevelopmentNotification 2017
- Notification for filing of Udyog Aadhaar Memorandum / In exercise of the powers conferred by sub section 2 of the section 8 of the Micro Small and Medium Enterprises Development Act, 2006Notification 2017
- G.S.R. 29(E) Micro, Small and Medium Enterprises (Amendment) Rules, 2022Rule 2022
- Notification no 4926 E dated 18 Oct 2022 related to Non tax benefitsNotification 2022
- Notification for amendment in the definition for classification of manufacturing enterprises /Amendment in the Notification published in the Gazette of India ,Notification 2009
- No. 27 of 2006Notification 2006
- Notification for Authority to filed EM by Manufacturing Medium Enterprises / Details of the authority with which the memorandum shall be filed by a person who intends to establish or has already established a medium enterprise.Notification 2006
Questions about Section 8
What have the courts held on Section 8 of the Micro, Small and Medium Enterprises Development Act?
Sivadarshini Papers Limited v. Sunwin Papers (30 Oct 2024) is the leading judgment on this section among those set out below: Applies s.8 registration/memorandum evidence as the gateway to MSMED delayed-payment remedies, rejecting Office Memorandum-based retrospective effacement of registrants without clear retrospectivity.
How do I find court cases under Section 8 of the Micro, Small and Medium Enterprises Development Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Micro, Small and Medium Enterprises Development Act 8, section 8 Micro, Small and Medium Enterprises Development Act, section 8 of the Micro, Small and Medium Enterprises Development Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sivadarshini Papers Limited v. Sunwin Papers (30 Oct 2024).
What should I read with Section 8 of the Micro, Small and Medium Enterprises Development Act, and has it changed?
2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 5: most recently S.O. 2347(E) Development Act, 2006 (27 of 2006), the amendments in the notification of Government of India, Ministry, of Micro, Small and Medium Enterprises number S.O. 2119 (E) (2021), then 2119(E) Central Government after obtaining the recommendations of the Advisory Committee in this behalf hereby notifies certain criteria for classifying the enterprises as micro small and medium enterprises (2020), and 3 more.
When did Section 8 of the Micro, Small and Medium Enterprises Development Act come into force?
Section 8 of the Micro, Small and Medium Enterprises Development Act, cited as Micro, Small and Medium Enterprises Development Act 8, came into force on 02 Oct 2006, having been enacted on 16 Jun 2006. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.