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The
Gazette of India
EXTRORDINARY
PART II - Section 1
PUBLISHED
BY AUTHORITY
No. 311
NEW DELHI, FRIDAY, JUNE 16, 2006/JYAISTHA 26, 1928
MINISTRY OF LAW
AND JUSTICE
(Legislative Department)
New Delhi, the 16th June, 2006/Jyaistha 26, 1928 (Saka)
The
following Act of Parliament received the assent of the
President on the 16th June, 2006, and is hereby published for
general information :
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THE
MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT,
2006
No.
27 OF
2006
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An
act to provide for facilitating the promotion and
development and enhancing the competitiveness of micro,
small and medium enterprises and for matters connected
therewith or incidental thereto.
WHEREAS
a declaration as to expediency of control of certain
industries by the Union was made under section 2 of the
Industries (Development and Regulation) Act, 1951;
AND
WHEREAS it is expedient to provide for facilitating the
promotion and development and enhancing the
competitiveness of micro, small and medium enterprises
and for matters connected therewith or incidental
thereto;
BE
it enacted by Parliament in the Fifty-seventh Year of
the Republic of India as follows :-
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1.
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(1)
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CHAPTER 1
PRELIMINARY
This Act may be
called the Micro, Small and Medium Enterprises Development
Act, 2006.
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Short title and commencement.
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(2)
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It shall
come into force on such date as the Central Government may, by
notification, appoint; and different dates may be appointed
for different provisions of this Act and any reference in any
such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that
provision.
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Definitions.
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65 of 1951
61 of 1981
2 of 1934
1 of 1956
1 of 1956
39 of 1989
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2
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In
this Act, unless the context otherwise requires,-
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(a)
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“Advisory
Committee” means the committee constituted by the
Central Government under sub-section (2) of section 7;
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(b)
(c)
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“appointed
day” means the day following immediately after the
expiry of the period of fifteen days from the day of
acceptance or the day of deemed acceptance of any
goods or any services by a buyer from a supplier.
Explanation
– For the purpose of this clause,-
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(i)
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“the
day of acceptance” means,-
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(a)
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the day of the actual delivery of goods or the
rendering of services; or
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(b)
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where any objection is made in writing by the
buyer regarding acceptance of goods or
services within fifteen days from the day
of the delivery of goods or the rendering
of services, the day on which such
objection is removed by the supplier;
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(ii)
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“the
day of deemed acceptance” means, where no
objection is made in writing by the buyer
regarding acceptance of goods or services within
fifteen days from the day of the delivery of
goods or the rendering of services, the day of
the actual delivery of goods or the rendering of
services;
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“Board”
means the National Board for Micro, Small and Medium
Enterprises established under section 3;
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(d)
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“buyer”
means whoever buys any goods or receives any services
from a supplier for consideration;
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(e)
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“enterprise”
means an industrial undertaking or a business concern
or any other establishment, by whatever name called,
engaged in the manufacture or production of goods, in
any manner, pertaining to any industry specified in
the First Schedule to the Industries (Development and
Regulation) Act, 1951 or engaged in providing or
rendering of any service or services;
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(f)
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“goods”
means every kind of movable property other than
actionable claims and money;
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(g)
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“medium
enterprise” means an enterprise classified as such
under sub-clause (iii) of clause (a) or sub-clause
(iii) of clause (b) of sub-section(1) of section 7;
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(h)
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“micro
enterprise” means an enterprise classified as such
under sub-clause (i) of clause (a) or sub-clause (i)
of clause (b) of sub-section (1) of section 7 ;
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(i)
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“National
Bank” means the National Bank for Agriculture and
Rural Development established under section 3 of the
National Bank for Agriculture and Rural Development
Act, 1981;
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(j)
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“notification”
means a notification published in the Official
Gazette;
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(k)
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“prescribed”
means prescribed by rules made under this Act;
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(l)
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“Reserve
Bank” means the Reserve Bank of India constituted
under section 3 of the Reserve Bank of India Act,
1934;
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(m)
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“small
enterprise” means an enterprise classified as such
under sub-clause (ii) of clause (a) or sub-clause (ii)
of clause (b) of sub-section (1) of section 7;
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(n)
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“supplier”
means a micro or small enterprise, which has filed a
memorandum with the authority referred to in clause
(a) of sub-section (1) of section 8, and includes, –
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(i)
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the
National Small Industries Corporation, being a
company, registered under the Companies Act,
1956;
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(ii)
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the
Small Industries Development Corporation of a
State or a Union territory, by whatever name
called, being a company registered under the
Companies Act, 1956;
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(iii)
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any
company, cooperative society, society, trust or
a body, by whatever name called, registered or
constituted under any law for the time being in
force and engaged in selling goods produced by
micro or small enterprises and rendering
services which are provided by such enterprises;
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(o)
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“Small
Industries Bank” means the Small Industries
Development Bank of India established under
sub-section (1) of section 3 of the Small Industries
Development Bank of India Act, 1989;
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(p)
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“State
Government”, in relation to a Union territory, means
the Administrator thereof appointed under article 239
of the Constitution.
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CHAPTER
II
NATIONAL
BOARD FOR MICRO, SMALL AND MEDIUM ENTERPRISES
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3.
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(1)
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With
effect from such date as the Central Government may, by
notification, appoint, there shall be established, for the
purposes of this Act, a Board to be known as the National
Board for Micro, Small and Medium Enterprises.
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Establishment of Board.
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(2)
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The head office
of the Board shall be at Delhi
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(3)
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The Board
shall consist of the following members, namely:-
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(a)
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the
Minister in charge of the Ministry or Department of the
Central Government having administrative control of the
micro, small and medium enterprises who shall be the ex
officio Chairperson of the Board;
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(b)
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the
Minister of State or a Deputy Minister, if any, in the
Ministry or Department of the Central Government having
administrative control of the micro, small and medium
enterprises who shall be ex officio Vice-Chairperson of
the Board, and where there is no such Minister of State
or Deputy Minister, such person as may be appointed by
the Central Government to be the Vice-Chairperson of the
Board;
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(c)
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six
Ministers of the State Governments having administrative
control of the departments of small scale industries or,
as the case may be, micro, small and medium enterprises ,
to be appointed by the Central Government to
represent such regions of the country as may be notified
by the Central Government in this behalf, ex officio
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(d)
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three
members of Parliament of whom two shall be elected by
the House of the People and one by the Council of
States;
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(e)
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the
Administrator of a Union territory to be appointed by
the Central Government, ex officio;
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(f)
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the
Secretary to the Government of India in charge of the
Ministry or Department of the Central Government having
administrative control of the micro, small and medium
enterprises, ex officio ;
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(g)
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four
Secretaries to the Government of India, to represent the
Ministries of the Central Government dealing with
commerce and industry, finance, food processing
industries, labour and planning to be appointed by the
Central Government, ex officio ;
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(h)
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the
Chairman of the Board of Directors of the National Bank,
ex officio ;
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(i)
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the
chairman and managing director of the Board of Directors
of the Small Industries Bank, ex officio ;
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(j)
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the
chairman, Indian Banks Association, ex officio ;
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(k)
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one
officer of the Reserve Bank, not below the rank of an
Executive Director, to be appointed by the Central
Government to represent the Reserve Bank;
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(l)
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twenty
persons to represent the associations of micro, small
and medium enterprises, including not less than three
persons representing associations of women's enterprises
and not less than three persons representing
associations of micro enterprises, to be appointed by
the Central Government;
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(m)
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three
persons of eminence, one each from the fields of
economics, industry and science and technology, not less
than one of whom shall be a woman, to be appointed by
the Central Government;
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(n)
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two
representatives of Central Trade Union Organisation, to
be appointed by the Central Government; and
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(o)
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one
officer not below the rank of Joint Secretary to the
Government of India in the Ministry or Department of the
Central Government having administrative control of the
small and medium enterprises to be appointed by the
Central Government, who shall be the Member-Secretary of
the Board, ex officio
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4.
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The term
of office of the members of the Board, other than ex officio
members of the Board, the manner of filling vacancies, and the
procedure to be followed in the discharge of their functions
by the members of the Board, shall be such as may be
prescribed; Provided that the term of office of an ex officio
member of the Board, shall continue so long as he holds the
office by virtue of which he is such a member.
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5.
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No act or
proceedings of the Board shall be invalid merely by reason of-
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(a)
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any
vacancy in, or any defect in the constitution of, the
Board; or
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(b)
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any
defect in the appointment of a person acting as a member
of the Board; or
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(c)
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any
irregularity in the procedure of the Board not affecting
the merits of the case.
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6.
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The Board
shall meet at least once in every three months in a year.
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7.
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The Board
may associate with itself, in such manner and for such
purposes as it may deem necessary, any person or persons whose
assistance or advice it may desire in complying with any of
the provisions of this Act and a person so associated shall
have the right to take part in the discussions of the Board
relevant to the purposes for which he has been associated but
shall not have the right to vote.
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8.
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Without
prejudice to sub-section (7) the Chairperson of the Board
shall, for not less than two of the meetings of the Board in a
year, invite such Ministers of the State Governments having
administrative control of the departments of small scale
industries or, as the case may be, the micro, small and medium
enterprises, or the Administrators of Union territories and
representatives of such other associations of micro, small and
medium enterprises, as he may deem necessary for carrying out
the purposes of this Act.
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9.
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It is
hereby declared that the office of member of the Board shall
not disqualify its holder for being chosen as, or for being, a
member of either House of Parliament.
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4.
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1)
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The
Central Government may remove a member of the Board from it,
if he–
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(a)
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is,
or at any time has been, adjudged as insolvent; or
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(b)
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is,
or becomes, of unsound mind and stands so declared by a
competent court; or
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(c)
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refuses
to act or becomes incapable of acting as a member of the
Board ; or
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(d)
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has
been convicted of an offence which, in the opinion of
the Central Government, involves moral turpitude; or
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(e)
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has so abused, in the opinion of the Central Government, his
position as a member of the Board as to render his
continuance in the Board detrimental to the interests of
the general public
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Removal of member from Board.
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2)
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Notwithstanding
anything contained in sub-section (1), no member shall be
removed from his office on the grounds specified in clauses
(c) to (e) of that sub-section unless he has been given a
reasonable opportunity of being heard in the matter.
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5.
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The Board
shall, subject to the general directions of the Central
Government, perform all or any of the following functions,
namely:-
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(a)
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examine
the factors affecting the promotion and development of
micro, small and medium enterprises and review the
policies and programmes of the Central Government in
regard to facilitating the promotion and development and
enhancing the competitiveness of such enterprises and
the impact thereof on such enterprises;
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(b)
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make recommendations on matters referred to in clause (a) or on
any other matter referred to it by the Central
Government which, in the opinion of that Government, is
necessary or expedient for facilitating the promotion
and development and enhancing the competitiveness of the
micro, small and medium enterprises; and
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(c)
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advise
the Central Government on the use of the Fund or Funds
constituted under section 12.
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Functions of Board.
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6.
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Subject to
other provisions of this Act, the Member-Secretary of the
Board shall exercise such powers and perform such functions as
may be prescribed.
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Powers and functions of Member-Secretary
of Board
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CHAPTER
III
CLASSIFICATION
OF ENTERPRISES, ADVISORY COMMITEE AND MEMORANDUM OF MICRO,
SMALL AND MEDIUM ENTERPRISES
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65 of 1951
65 of 1951
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7.
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1)
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Notwithstanding
anything contained in section 11B of the Industries
(Development and Regulation) Act, 1951, the Central Government
may, for the purposes of this Act, by notification and having
regard to the provisions of sub-sections (4) and (5), classify
any class or classes of enterprises, whether proprietorship,
Hindu undivided family, association of persons, co-operative
society, partnership firm, company or undertaking, by whatever
name called,
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(a)
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in
the case of the enterprises 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, as –
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(i)
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a
micro enterprise, where the investment in plant
and machinery does not exceed twenty five lakh
rupees;
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(ii)
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a
small enterprise, where the investment in plant
and machinery is more than twenty five lakh rupees
but does not exceed five crore rupees; or
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(iii)
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a
medium enterprise, where the investment in plant
and machinery is more than five crore rupees but
does not exceed ten crore rupees;
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(b)
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in
the case of the enterprises engaged in providing or
rendering of services, as –
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(i)
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a micro enterprise, where the investment in equipment does
not exceed ten lakh rupees;
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(ii)
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a
small enterprise, where the investment in
equipment is more than ten lakh rupees but does
not exceed two crore rupees; or
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(iii)
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a medium enterprise, where the investment in equipment is
more than two crore rupees but does not exceed
five crore rupees
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Classification of enterprises.
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65 of 1951
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Explanation
1 For the removal of doubt, it is hereby clarified that in
calculating the investment in plant and machinery, the cost of
pollution control, research and development, industrial safety
devices and such other items as may be specified, by
notification, shall be excluded.
Explanation
2 It is clarified that the provisions of section 29B of the
Industries (Development and Regulation) Act, 1951, shall be
applicable to the enterprises specified in sub-clauses (i) and
(ii) of clause (a) of sub-section (l) of this section.
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2)
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The
Central Government shall, by notification, constitute an
Advisory Committee consisting of the following members,
namely:-
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(a)
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the
Secretary to the Government of India in the Ministry or
Department of the Central Government having
administrative control of the small and medium
enterprises who shall be the Chairperson, ex officio ;
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(b)
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not
more than five officers of the Central Government
possessing necessary expertise in matters relating to
micro, small and medium enterprises, members, ex officio
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(c)
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not
more than three representatives of the State
Governments, members, ex officio ; and
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(d)
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one
representative each of the associations of micro, small
and medium enterprises, members, ex officio ;
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3)
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The
Member- Secretary of the Board shall also be the ex officio
Member-Secretary of the Advisory Committee.
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4)
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The
Central Government shall, prior to classifying any class or
classes of enterprises under sub-section (1), obtain the
recommendations of the Advisory Committee.
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5)
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The
Advisory Committee shall examine the matters referred to it by
the Board in connection with any subject referred to in
section 5 and furnish its recommendations of the Board.
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6)
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The
Central Government may seek the advice of the Advisory
Committee on any of the matters specified in section 9, 10,
11, 12 or 14 of Chapter IV.
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7)
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The State
Government may seek advice of the Advisory Committee on any of
the matters specified in the rules made under section 30.
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8)
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The
Advisory Committee shall, after considering the following
matters, communicate its recommendations or advice to the
Central Government or, as the case may be, State Government or
the Board, namely:-
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(a)
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the
level of employment in a class or classes of
enterprises;
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(b)
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the
level of investments in plant and machinery or
equipment, in a class or classes of enterprises;
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(c)
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the
need of higher investment in plant and machinery or
equipment for technological upgradation, employment
generation and enhanced competitiveness of the class or
classes of enterprises;
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(d)
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the
possibility of promoting and diffusing entrepreneurship
in micro, small or medium enterprises;
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(e)
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the
international standards for classification of small and
medium enterprises.
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65 of 1951
61 of 1956
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9)
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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), vary, from
time to time, the criterion of investment and also consider
criteria or standards in respect of employment or turnover of
the enterprises and include in such classification the micro
or tiny enterprises or the village enterprises, as part of
small enterprises.
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65 of 1951
65 of 1951
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8.
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1)
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Any person who
intends to establish,-
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(a)
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a
micro or small enterprise, may, at his discretion; or
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(b)
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a
medium enterprise engaged in providing or rendering of
services may, at his discretion; or
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(c)
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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, 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—
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(a)
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a
small scale industry and obtained a registration
certificate, may, at his discretion; and
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(b)
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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, having investment in plant
and machinery or 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 25 TH July, 1991 file an Industrial
Entrepreneurs' 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.
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Memorandum of micro, small and
medium enterprises
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2)
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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.
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3)
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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.
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4)
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The State
Government shall, by notification, specify the authority with
which a micro or small enterprise may file the memorandum.
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5)
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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).
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CHAPTER IV
MEASURES
FOR PROMOTION, DEVELOPMENT AND ENHANCEMENT OF COMPETITIVENESS
OF MICRO, SMALL AND MEDIUM ENTERPRISES
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9.
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1)
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The
Central Government may, from time to time, for the purposes of
facilitating the promotion and development and enhancing the
competitiveness of micro, small and medium enterprises,
particularly of the micro and small enterprises, by way of
development of skill in the employees, management and
entrepreneurs, provisioning for technological upgradation,
providing marketing assistance or infrastructure facilities
and cluster development of such enterprises with a view to
strengthening backward and forward linkages, specify, by
notification, such programmes, guidelines or instructions, as
it may deem fit.
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Measures for promotion and
development
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10.
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The
policies and practices in respect of credit to the micro,
small and medium enterprises shall be progressive and such as
may be specified in the guidelines or instructions issued by
the Reserve Bank, from time to time, to ensure timely and
smooth flow of credit to such enterprises, minimise the
incidence of sickness among and enhance the competitiveness of
such enterprises.
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Credit facilities
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11.
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For
facilitating promotion and development of micro and small
enterprises, the Central Government or the State Government
may, by order notify from time to time, preference policies in
respect of procurement of goods and services, produced and
provided by micro and small enterprises, by its Ministries or
departments, as the case may be, or its aided institutions and
public sector enterprises.
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Procurement preference policy.
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12
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There
shall be constituted , by notification, one
or more Funds to be called by such name as may be specified in
the notification and there shall be credited thereto any
grants made by the Central Government under section 13.
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Funds.
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13.
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The
Central Government may, after due appropriation made by
Parliament by law in this behalf, credit to the Fund or Funds
by way of grants for the purposes of this Act, such sums of
money as that Government may consider necessary to provide
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Grants by Central Government.
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14.
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1)
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The
Central Government shall have the power to administer
the Fund or Funds in such manner as may be prescribed.
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2)
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The
Fund or Funds shall be utilised exclusively for the
measures specified in sub-section (1) of section 9.
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3)
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The Central Government shall be responsible for the
coordination and ensuring timely utilisation and release
of sums in accordance with such criteria as may be
prescribed
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Administration and utilisation of Fund or
Funds.
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CHAPTER
V
DELAYED
PAYMENTS TO MICRO AND SMALL ENTERPRISES
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