How to start a small manufacturing unit in India: factory licence, pollution consent and registrations
Small manufacturing unit setup in India: OSH Code factory licence at 20 workers, pollution consent to establish and operate, Udyam, GST and BIS rules.
Short answer
A small manufacturing unit in India needs Udyam and GST registration, consent to establish and consent to operate from the State Pollution Control Board unless its activity is exempt, a fire NOC where applicable and, once it employs 20 workers with power or 40 without, factory licensing under the OSH Code, which replaced the Factories Act from 21 November 2025.
- Labour law
- OSH Code 2020, in force from 21 November 2025
- Factory threshold
- 20 workers with power, 40 without
- Establishment registration
- From 10 workers
- Pollution consent
- Consent to establish and to operate from SPCB
- MSME status
- Udyam registration, free and online
- Product quality
- BIS certification where a QCO applies
Choosing a structure
Manufacturing needs capital, bank finance and long-term contracts, so a private limited company is the common choice. A proprietorship or partnership can work for a small job-work unit, but lenders and large buyers usually prefer dealing with a company or LLP.
Register on Udyam early. MSME status helps with collateral-free lending schemes, government tenders and the MSME rule requiring large buyers to pay within the agreed period, capped at 45 days.
Registrations and licences for a manufacturing unit
Labour and environment approvals come from the state, while product standards may be central. Industrial area allotments may also have their own approvals from the state industrial development corporation.
| Licence | Issuing authority | When required | Typical validity |
|---|---|---|---|
| Udyam registration | Ministry of MSME | Any time; needed for MSME benefits | Permanent |
| GST registration | GST department | Above ₹40 lakh or inter-state sales | Until cancelled |
| Consent to establish | State Pollution Control Board | Before construction or installing machinery | As per consent order |
| Consent to operate | State Pollution Control Board | Before starting production | Varies by category; renewable |
| Factory licence and registration | State authority under OSH Code | 20 workers with power, 40 without; establishment registration from 10 | As per state rules |
| Fire NOC | State fire service | Depends on building, materials and processes | Varies |
| BIS certification | Bureau of Indian Standards | Products under a quality control order | As per licence |
| Boiler registration | State boiler inspectorate | If using steam boilers | Periodic inspection |
How pollution consent works
State pollution control boards classify industries as red, orange, green or white based on their pollution potential. Red and orange units face stricter conditions and shorter consent cycles; white category industries are generally exempt from consent but may need to intimate the board.
You need consent to establish before construction or installing machinery, and consent to operate before production. Both are issued under the Water and Air Acts. Hazardous waste authorisation applies if you generate hazardous waste, and EPR obligations apply if you produce or use plastic packaging.
Labour codes for factories
The four labour codes took effect on 21 November 2025, and the OSH central rules were notified on 8 May 2026; states are notifying their own rules. A factory is now a unit with 20 or more workers using power, or 40 without, up from 10 and 20 under the Factories Act. Any workplace with 10 or more workers is an establishment that must register.
Contract labour provisions apply at 50 or more contract workers. Under the Code on Social Security, ESIC applies from 10 employees and EPF from 20. Safety committees, welfare facilities and working hour limits depend on the size and nature of the factory.
Ongoing compliance
Renew pollution consents before expiry and file environmental statements and returns where required. Keep factory registers, safety records and wage records as the OSH Code and state rules require. Get boilers, pressure vessels and weighing equipment inspected on schedule.
File GST returns, e-way bills for consignments above ₹50,000, TDS returns and company filings. If your products fall under a BIS quality control order, maintain certification and testing; uncertified products cannot be sold or imported.
Pitfalls for new manufacturers
Site selection decides much of your compliance burden. Check the land use, pollution category permitted in that area and fire access before buying or leasing industrial premises.
- Starting construction before consent to establish.
- Assuming the old Factories Act thresholds still apply after November 2025.
- Ignoring BIS certification for notified products.
- Locating in a zone where your pollution category is not permitted.
Step by step
- 1Choose the entity
Private limited company or LLP for most units.
- 2Register on Udyam
Obtain MSME status for benefits and finance.
- 3Select a compliant site
Check zoning, pollution category and fire safety feasibility.
- 4Apply for consent to establish
Before construction or installing machinery.
- 5Obtain consent to operate and factory approvals
Before production, as thresholds apply.
- 6Register for GST
Complete registration before dispatching goods.
- 7Product certification
Obtain BIS licence if a quality control order covers your product.
Related services
Sources
- Taxmann: OSH Code applicability and factory thresholds
- S.S. Rana: Overview of EPR for plastic packaging
- EY Tax Alert: GST Council rate rationalisation effective 22 September 2025
Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.
Common questions
When does a factory licence become necessary?
Under the OSH Code, a unit becomes a factory at 20 workers where power is used, or 40 without power. Establishments with 10 or more workers must register.
Do all manufacturing units need pollution consent?
Most do, depending on their red, orange or green category. White category industries are generally exempt from consent but may need to inform the board.
Is Udyam registration mandatory?
It is not legally mandatory to operate, but it is needed to claim MSME benefits such as priority lending and delayed payment protection.