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Section 7(9) of the MSMED Act, 2006: The power to vary classification criteria

While classifying under section 7(1), the Central Government may, "from time to time", vary the criterion of investment and also consider criteria or standards in respect of...

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Last updated: October 2026Verified against: Government sources

Section 7(9) is the provision that lets the classification of enterprises move with time. It allows the Central Government to vary the investment criterion, to bring in turnover or employment, and to treat tiny and village enterprises as part of small enterprises. Both Udyam notifications of 2020 and 2025 cite it as a source of power.

The text in plain terms

Sub-section (9) opens with a non-obstante clause. It operates "notwithstanding anything contained in section 11B of the Industries (Development and Regulation) Act, 1951 and clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956". The Central Government may, "while classifying any class or classes of enterprises under sub-section (1)":

  1. vary, from time to time, the criterion of investment;
  2. also consider criteria or standards in respect of employment or turnover; and
  3. include in such classification the micro or tiny enterprises or the village enterprises, as part of small enterprises.
PowerWhat it allows
Vary investmentRaise or change the investment limits fixed in section 7(1)
Employment or turnoverAdd criteria beyond investment
Tiny and village enterprisesPlace them within the "small" category

The phrase "from time to time" means the power is not used up by a single notification. It can be exercised again whenever the Government decides to revise the limits, which is what happened in 2020 and 2025.

The link to section 7(1)

Section 7(1) sets the original investment limits for manufacturing and services. Sub-section (9) is how those limits were superseded. Our article on section 7(1) shows the original table. The Act's own text was not re-written; the changes came through notifications.

Sub-section (9) works only "while classifying ... under sub-section (1)", so any use of it must also meet the conditions in sub-section (4), which requires the Central Government to obtain the recommendations of the Advisory Committee before classifying. See our article on the Advisory Committee.

How the 2020 and 2025 notifications used it

The preamble to S.O. 2119(E) of 26 June 2020 says it is issued "in exercise of the powers conferred by sub-section (1) read with sub-section (9) of section 7 and sub-section (2) read with sub-section (3) of section 8". S.O. 1364(E) of 21 March 2025 recites the same provisions.

NotificationUse of section 7(9)
S.O. 2119(E), 26.06.2020, effective 01.07.2020Introduced the composite criterion of investment in plant and machinery or equipment and turnover (paragraph 3(1)), replacing the earlier investment-only tests.
S.O. 1364(E), 21.03.2025, effective 01.04.2025Raised the investment and turnover limits in paragraph 1.

The current limits, as substituted by S.O. 1364(E), are:

CategoryInvestment does not exceedTurnover does not exceed
MicroRs 2.5 croreRs 10 crore
SmallRs 25 croreRs 100 crore
MediumRs 125 croreRs 500 crore

Our articles on composite criteria and on the 2025 revision walk through the application.

Employment

Sub-section (9) also mentions "employment". Neither the 2020 nor the 2025 classification paragraph uses employment as a test. The Udyam registration form does ask for the number of persons employed (item 19), but as information; the classification itself turns on investment and turnover. The power to use employment remains in the Act if the Government chooses to use it.

Turnover and exports

Turnover is computed under paragraph 5 of S.O. 2119(E), which excludes exports of goods or services from the turnover figure used for classification. That is a notification rule, not a term of section 7(9). See our article on calculating turnover.

Parliamentary oversight: what the text says

Section 29(3) requires "every notification issued under section 9 and every rule made by the Central Government under this section" to be laid before Parliament. A notification under section 7 is not mentioned there. The text of section 29(3) speaks only of section 9 notifications and rules, so do not assume that section 7 notifications carry the same laying requirement without checking.

Why business owners should care

Because limits can change, a business should test its classification against the current notified limits at least when it registers, updates its Udyam details or plans a large investment. A rise in turnover or investment can move an enterprise up a category, and paragraph 8 of S.O. 2119(E) sets transition rules, covered in our articles on updation and graduation. If you need help placing your enterprise or updating its registration, our MSME Udyam registration service can help.

Practical examples

Example 1: a turnover-heavy trader. Under the 2006 text a business with modest equipment investment would have been micro or small on investment alone. Under the composite test introduced under section 7(9), the same business may move up because its turnover crosses the ceiling for its category.

Example 2: a limit revision. When the Government raised the limits from 1 April 2025, an enterprise that had crossed the old ceiling on turnover could fall back within a higher ceiling of its category. The effect on its recorded category follows the transition rules in the Udyam notification, not section 7(9) itself.

Common mistakes

  • Reading section 7(9) as a fixed set of limits. It is a power, not a table.
  • Assuming employment is used today. The classification paragraph relies on investment and turnover.
  • Ignoring the Advisory Committee step that sub-section (4) requires before classification.
  • Treating the section 29(3) laying requirement as automatically applying to section 7 notifications.

Need help placing your enterprise in the right category?

Classification affects your Udyam certificate and the benefits linked to it. Our MSME Udyam registration team can check your investment and turnover against the current notified limits and help you file or update your details.

Key takeaways

  • Section 7(9) lets the Central Government vary the investment criterion from time to time.
  • It also allows criteria or standards on employment or turnover, and inclusion of tiny and village enterprises within small enterprises.
  • The 2020 notification used it to add turnover; the 2025 notification raised the limits from 1 April 2025.
  • Current classification does not use employment as a test.
  • Classification by notification is still subject to the Advisory Committee step in section 7(4).

Read next

Disclaimer: Based on the Micro, Small and Medium Enterprises Development Act, 2006 (official text, not amended by the Jan Vishwas Acts of 2023 or 2026) and the Udyam notifications S.O. 2119(E) of 26 June 2020 and S.O. 1364(E) of 21 March 2025, read with later developments noted in the article, as on 30 September 2026. Notifications, rules and the Udyam portal change; verify the current position before acting.

Quick recapKey facts & short answers

Key Facts About Section 7

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What does section 7(9) of the MSMED Act allow?

It allows the Central Government, while classifying under section 7(1), to vary the investment criterion, consider employment or turnover criteria, and include micro, tiny or village enterprises within small enterprises.

Which notifications rely on section 7(9)?

S.O. 2119(E) of 26 June 2020 and S.O. 1364(E) of 21 March 2025 both cite section 7(1) read with section 7(9).

Section 7: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

It allows the Central Government, while classifying under section 7(1), to vary the investment criterion, consider employment or turnover criteria, and include micro, tiny or village enterprises within small enterprises.

S.O. 2119(E) of 26 June 2020 and S.O. 1364(E) of 21 March 2025 both cite section 7(1) read with section 7(9).

Not in the classification paragraph of the notifications. It rests on investment and turnover.

Section 7(4) requires it to obtain the Advisory Committee's recommendations before classifying under section 7(1).

The words "from time to time" allow repeated use, so the limits can be revised by further notification.

In paragraph 1 of S.O. 2119(E), as substituted by S.O. 1364(E) with effect from 1 April 2025.