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SSI POLICY |
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Development and
growth of industries was adopted as one of the pillars of the Economic
policy as India. The historical background and the constitutional mandate
the development of the Small Scale Industries (SSI) sector was considered
essential as it could fulfill the requirements of providing large e
employment opportunities with low investments in a labour abundant but
capital-scarce country. The SSIs being labour intensive had the positive
implications of equity, flexibility, capability to contribute to
decentralization, promotion of entrepreneurship, optimum utilization of
local resources and talents, etc.
The six Industrial Policy
Resolutions adopted by the successive Governments at the Centre aimed at
promoting Industrial growth and determining a pattern of State Intervention
and assistance,. The framework of the First Industrial Policy Resolution,
1948, assigned a prime role to be played by the Small Scale Industries as it
was realized that the Small Scale Industries were particularly suitable for
better utilization of local resources and achievement of “local
self-sufficiency” in respect of certain types of industrial goods. The
policy of supporting the cottage, village and small industries took a
definite shape in 1956 when the Government decided to initiate measures to
build the competitive strength of small and village industries. The Second
Industrial policy Resolution of 1956 underlined the role that SSI sector
could play in providing employment opportunities, mobilizing local skills
and capital resources and in the process integrating with large industrial
sector.
Further impetus to the Sector was
provided in the Industrial Policy statement of 1977, which stressed upon
wider dispersal of cottage and small industries in the rural areas and small
towns. The concept of District Industries Centres (DICs) was also mooted so
as to provide services to small industries under one roof. While the
Industrial policy statement of 1980 paved the way for ancillarisation and
creation of nuclear units for the growth of the sector, the Statement of
1990 laid emphasis on the steps needed for enhancing the contribution of the
SSI sector in overall exports, employment generation and dispersal of
industries in rural areas.
The industrial policy measures
announced in quick succession in 1991, laid special thrust on promotion and
strengthening of small, tiny and village industries. Besides effecting
changes in investment limits, equity participation etc. a new scheme of
Integrated Infrastructure Development (IID) for SSIs with the participation
of State Governments and Financial Institutions was initiated and a
pro-active role for Non-Governmental Organizations (NGOs) was mooted.
In order to protect the interests
of the SSI sector and facilitate its rapid development, the Government, in
pursuance of its policies, initiated various support measures from time to
time which include policy of reservation, revision of investment ceilings,
modernization, technological up gradation, marketing assistance, fiscal
incentives etc. The emerging economic scenario in the changed liberalized
and competitive economic environment has necessitated structural and
fundamental changes in the policy framework put into place for the
development of this vital sector of the economy. Accordingly, there has
been a shift in focus from “Protection” to “Promotion”. In the post-reform
period, a number of steps including partial dereservation, change in
investment limits, facilitating foreign participation, establishment of
growth centers, export promotion, marketing assistance and incentives for
quality improvement etc. have been taken by the Government for
strengthening this sector.
The SSI sector has proved its
mettle even in the changed liberalized economic environment of the country.
The steps required for opening up of the economy have affected the
operations of this sector, throwing open new opportunities and challenges at
the same time. The need of the hour undoubtedly is to provide sustenance to
the units in the sector through suitable measures to strengthen them for
converting the challenges into opportunities and scaling new heights.
In order to enable the Government
to place more focused attention on the problems of the SSI sector, a new
Ministry of Small Scale Industries and Agro & Rural Industries was created
on the 14th of October 1999, under the independent charge of a
Minister of State. To give a direction and perspective to the development
strategy, the Minister-in-charge of Small Scale Industries and Agro & Rural
Industries announced an “Agenda” which laid special emphasis upon
facilities, evolution of a new policy framework, improved supply of credit,
better infrastructure and impetus to modernization and technology
upgradation in Small Scale Industries. The Agenda took cognizance of the
special role to be played by information Technology, sunrise industries,
hi-tech industries, export potent industries and at the same time stipulated
all possible steps to meet the requirements of the tiny and
micro-enterprises which constituted over 95% of total small scale industrial
units in the country.
In September, 2001, a separate
Ministry of Small Scale Industries was created in order to give the extended
focus and specialized attention upon the challenges faced by the SSI sector
due to the onslaughts of domestic and global competition.
All the policies and programmes
aimed to development and growth of the SSI sector.
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THE
MICRO, SMALL AND MEDIUM ENTERPRISES
Classification
& Definition:
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) |
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) |
A micro enterprise, where the
investment in plant and machinery doest not exceed twenty
five lakh rupees; |
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(ii) |
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) |
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) |
In the case of the enterprises engaged
in providing or rendering of services, as –
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(i) |
A micro enterprise, where the
investment in equipment does not exceed ten lakh rupees; |
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(ii) |
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) |
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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(b) |
In the case of the enterprises engaged
in providing or rendering of services, as –
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(i) |
A micro enterprise, where the
investment in equipment does not exceed ten lakh rupees; |
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(ii) |
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) |
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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II
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MEASURES FOR PROMOTION, DEVELOPMENT
& ENHANCEMENT OF COMPETITIVENESS SOF MICRO, SMALL & MEDIUM
ENTERPRISES
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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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DELAYED PAYMENT TO MICRO AND SMALL
ENTERPRISES |
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Where any supplier supplies any goods
or renders any services to any buyer, the buyer shall make payment
therefore on or before the date agreed upon between him and the
supplier in writing or, where there is no agreement in this behalf,
before the appointed day: Provided that in no case the period agreed
upon between the supplier and the buyer in writing shall exceed
forty-five days from the day of acceptance or the day of deemed
acceptance. |
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Where any buyer fails to make payment
of the amount to the supplier, as required under section 15, the
buyer shall, notwithstanding anything contained in any agreement
between the buyer and the supplier or in any law for the time being
in force, be liable to pay compound interest with monthly rests to
the supplier on that amount from the appointed day or, as the case
may be, from the date immediately following the date agreed upon, at
three times of the bank rate notified by the Reserve Bank. |
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For any goods supplied or services
rendered by the supplier, the buyer shall be liable to pay the
amount with interest thereon as provided under section 16. |
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Notwithstanding anything contained in
any other law for the time being in force, any party to a dispute
may, with regard to any amount due under Section 17, make a
reference to the Micro and Small Enterprises Facilitation Council. |
Memorandum of
Micro, Small and Medium Enterprises:-
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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Any person who intends to establish,- |
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(a) |
A micro or small enterprise,
may, at his discretion; or |
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(b) |
A Medium enterprises engaged
in providing or rendering of services may, at his
discretion; or |
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(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, 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 nay person who,
before the commencement of this Act, established-
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(a) |
A small scale industry
and obtained a registration certificate, may, at his
discretion; and |
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(b) |
An industry engaged in
the manufacture or production of goods pertaining to
any industry specified in the First Scheduled 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 25th 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 the Act. |
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