THE SMALL AND MEDIUM ENTERPRISES DEVELOPMENT BILL,
2005
A Bill to provide for facilitating the promotion and
development and enhancing the competitiveness of 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 small and medium
enterprises and for matters connected therewith or incidental thereto;
BE it enacted by Parliament in the Fifty-sixth Year
of the Republic of India as follows:-
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CHAPTER I
PRELIMINARY
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1. (1) This Act may be called the Small and Medium
Enterprises Development Act, 2005.
(2) 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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Short title and commencement |
65 of 1951
61 of 1981
2 of 1934
1 of 1956
1 of 1956
39 of 1989 |
2. In this Act, unless the context otherwise
requires, -
(a) “Advisory Committee” means the committee constituted
by the Central Government under sub-section (2) of section 7;
(b) “appointed day” means the day following immediately
after the expiry of the period of thirty 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,-
- (i) “the day of acceptance” means,-
- (a) the day of the actual delivery of goods or the rendering
of services; or
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- (b) where any objection is made in writing by the buyer regarding
acceptance of goods or services within thirty 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;
- (ii) “the day of deemed acceptance” means, where
no objection is made in writing by the buyer regarding acceptance
of goods or services within thirty 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;
(c) “Board” means the National Small and Medium Enterprises
Board established under section 3;
(d ) “buyer” means whoever buys any goods or receives
any services from a supplier for consideration;
(e) “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 in relation
thereto;
(f) “goods” means every kind of movable property other
than actionable claims and money;
(g) “medium enterprise” means an industrial 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;
(h) “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;
(i) “notification” means a notification published in
the Official Gazette;
(j) “prescribed” means prescribed by rules made under
this Act;
(k) “Reserve Bank” means the Reserve Bank of India constituted
under section 3 of the Reserve Bank of India Act, 1934;
(l) “small enterprise” means an industrial 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;
(m) “supplier” means a small enterprise, which has filed
a memorandum with the authority referred to in clause (a) of sub-section
(1) of section 8, and includes, –
- (i) the National Small Industries Corporation, being a company,
registered under the Companies Act, 1956;
- (ii) 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;
(n) “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;
(o) “State Government”, in relation to a Union territory,
means the Administrator thereof appointed under article 239 of the
Constitution. |
Definitions |
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CHAPTER II
NATIONAL SMALL AND MEDIUM ENTERPRISES BOARD |
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3. (1) 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
Small And Medium Enterprises Board.
(2) The head office of the Board shall be at Delhi.
(3) The Board shall consist of the following members, namely:-
- (a) the Minister in charge of the Ministry or Department of
the Central Government having administrative control of the
small and medium enterprises who shall be the ex officio Chairperson
of the Board;
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- (b) the Minister of State or a Deputy Minister, if any, in
the Ministry or Department of the Central Government having
administrative control of the 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;
(c) five Ministers of the State Governments having administrative
control of the departments of small scale industries or, as
the case may be, 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;
(d) the Administrator of a Union territory to be appointed
by the Central Government, ex officio;
(e) the Secretary to the Government of India in charge of
the Ministry or Department of the Central Government having
administrative control of the small and medium enterprises,
ex officio;
(f) five 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;
(g) the Chairman of the Board of Directors of the National
Bank, ex officio;
(h) the chairman and managing director of the Board of Directors
of the Small Industries Bank, ex officio;
(i) the chairman, Indian Banks Association, ex officio;
(j) 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;
(k) ten persons to represent the associations of small enterprises
and medium enterprises, at least three of whom shall be representatives
of associations of women’s enterprises, to be appointed
by the Central Government;
(l) two persons of eminence, one each from the fields of
economics and industry, at least one of whom shall be a woman,
to be appointed by the Central Government; and
(m) 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.
- (4) The term of office of the members, other than ex officio
members, the manner of filling vacancies, and the procedure
to be followed in the discharge of their functions by the members
shall be such as may be prescribed:
Provided that the term of office of an ex officio member shall
continue so long as he holds the office by virtue of which he
is such a member.
(5) No act or proceedings of the Board shall be invalid merely
by reason of-
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(a) any vacancy in, or any defect in the constitution of,
the Board; or
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(b) any defect in the appointment of a person acting as a
member of the Board; or
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(c) any irregularity in the procedure of the Board not affecting
the merits of the case.
- (6) The Board shall meet at least once in every three months
in a year.
(7) 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.
(8) Without prejudice to sub-section (7) the Chairperson of the
Board may, for not more 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 small and medium enterprises, or the
Administrators of Union territories and representatives of such
other associations of small and medium enterprises, as he may
deem necessary for carrying out the purposes of this Act.
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4. (1) The Central Government may remove a
member of the Board from it, if he –
- (a) is, or at any time has been, adjudged as insolvent; or
(b) is, or becomes, of unsound mind and stands so declared by
a competent court; or
(c) refuses to act or becomes incapable of acting as a member;
or
(d) has been convicted of an offence which, in the opinion of
the Central Government, involves moral turpitude; or
(e) 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.
(2) 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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Removal of member from Board |
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5. The Board shall, subject to the general directions
of the Central Government, perform all or any of the following functions,
namely:-
- (a) examine the factors affecting the promotion and development
of 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;
(b) 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 small and medium enterprises; and
(c) 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. 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. |
Powers and functions of Member-Secretary of Board |
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CHAPTER III
CLASSIFICATION OF ENTERPRISES, ADVISORY COMMITEE AND MEMORANDUM
OF SMALL AND MEDIUM ENTERPRISES |
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| 65 of 1951 |
7. (1) 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 order, notified 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, -
- (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 -
- (i) a small enterprise, where the investment in plant and
machinery does not exceed five crore rupees; or
(ii) 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 in relation to any industry specified
in the First Schedule to the Industries (Development and Regulation)
Act, 1951, as –
- (i) a small enterprise, where the investment in equipment
does not exceed two crore rupees; or
(ii) a medium enterprise, where the investment in equipment
is more than two crore rupees but does not exceed five crore
rupees.
Explanation. – For the removal of doubt it is hereby declared
that the investment in land and building or equipment, as the
case may be, shall not be taken into account while determining
the investment in plant and machinery or, as the case may be,
equipment for the purposes of this sub-section.
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Classification of enterprises |
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(2) The Central Government shall, by notification, constitute
an Advisory Committee consisting of 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 of the Advisory Committee, not more
than five officers of the Central Government possessing necessary
expertise in matters relating to small and medium enterprises
and not more than two representatives of the State Governments
to be appointed by the Central Government.
(3) The Member- Secretary of the Board shall also be the ex officio
Member-Secretary of the Advisory Committee.
(4) The Central Government shall, prior to classifying any class
or classes of enterprises under sub-section (1), obtain the recommendations
of the Advisory Committee.
(5) The Advisory Committee shall, after considering the following
matters, communicate its recommendations to the Central Government,
namely :-
(a) the level of employment in a class or classes of enterprises;
(b) the level of investments in plant and machinery or equipment,
excluding the investment in land and building, in a class or classes
of enterprises;
(c) the need of higher investment in plant and machinery or equipment,
excluding the investment in land and building, for technological
upgradation, employment generation and enhanced competitiveness
of the class or classes of enterprises;
(d) the possibility of promoting and diffusing entrepreneurship
in a small or medium enterprises;
(e) the international standards for classification of small and
medium enterprises; and
(f) such other matters as the Advisory Committee may think fit. |
Advisory Committee |
65 of 1951
61 of 1956 |
(6) 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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8. (1) Any person who intends to establish,-
- (a) a small enterprise, may, at his discretion; or
- (b) a medium enterprise, shall,
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- file the memorandum of small enterprise or, as the case may
be, 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, has established –
- (a) a small enterprise, whether he had or had not obtained
a registration certificate, may after the commencement of this
Act, at his discretion, file the memorandum;
(b) a medium enterprise, whether he had or had not, in pursuance
of the notification of the Government of India in the erstwhile
Ministry of Industry (Department of Industrial Development)
No. S.O. 477 (E) dated the 25th July, 1991, filed an Industrial
Entrepreneur’s Memorandum Memorandum shall, within ninety
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 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).
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Memorandum of small and medium enterprises |
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CHAPTER IV
MEASURES FOR PROMOTION, DEVELOPMENT AND ENHANCEMENT OF COMPETITIVENESS
OF SMALL AND MEDIUM ENTERPRISES |
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24 of 1938
18 of 1942
31 of 1959
52 of 1961 |
9. (1) The Central Government may, from time
to time, for the purposes of facilitating the promotion and development
and enhancing the competitiveness of small enterprises and medium
enterprises, particularly of the former, by way of development
of skill in the employees, management and entrepreneurs, provisioning
for 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.
(2) Notwithstanding anything contained in the provisions of the
Employers’ Liability Act, 1938, the Weekly Holidays Act,
1942, the Employment Exchanges (Compulsory Notification of Vacancies)
Act, 1959 and the Apprentices Act, 1961, a State Government may,
by notification, with a view to facilitating the graduation of
small enterprises to medium enterprises provide that the provisions
of those Acts shall not apply to small and medium enterprises
employing up to fifty employees in that State.
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Measures for promotion and development |
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10. The credit facilities to the 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. For facilitating promotion and development
of small enterprises, the Central Government or a State Government
may, by order notify from time to time, preference policies in respect
of procurement of goods and services, produced and provided by 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. 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. 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. (1) The Central Government shall have the
power to administer the Fund or Funds in such manner as may be prescribed.
(2) The Fund or Funds shall be utilised exclusively for the measures
specified in sub-section (1) of section 9.
(3) 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
INSPECTION OF SMALL AND MEDIUM ENTERPRISES AND RELATED MATTERS
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4 of 1936
34 of 1948
63 of 1948
19 of 1952
53 of 1961
21 of 1965
39 of 1972 |
15. Notwithstanding anything in relation to
inspection contained in the Payment of Wages Act, 1936, the Employees’
State Insurance Act, 1948, the Factories Act, 1948, the Employees’
Provident Funds and Miscellaneous Provisions Act, 1952, the Maternity
Benefit Act, 1961, the Payment of Bonus Act, 1965 and the Payment
of Gratuity Act, 1972, the inspection of small and medium enterprises
shall be carried out in such manner and by such authority as may
be prescribed:
Provided that while prescribing the manner of inspection under this
section, the Central Government shall have regard to the promotion
of self-regulation or self-certification by the small enterprises
and medium enterprises.
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Inspection of small and medium enterprises |
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16. Notwithstanding anything contained in any
enactment specified in section 15, every small and medium enterprise
shall maintain such records, file such returns with such authority
and in such forms as may be prescribed. |
Maintenance of records and filing of returns by enterprises |
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CHAPTER VI
DELAYED PAYMENTS TO SMALL ENTERPRISES
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17. Where any supplier, supplies any goods
or renders any services to any buyer, the buyer shall make payment
therefor 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 seventy-five days from the
day of acceptance or the day of deemed acceptance.
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Liability of buyer to make payment |
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18. Where any buyer fails to make payment of
the amount to the supplier, as required under section 17, 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 interest 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 nine per cent. plus the bank
rate notified by the Reserve Bank. |
Date from which and rate at which interest is payable |
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19. The amount due from a buyer, together with
the amount of interest calculated in accordance with the provisions
of section 18, shall be recoverable by the supplier from the buyer
by way of a suit or other proceeding under any law for the time
being in force.
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Recovery of amount due |
| 26of 1996 |
20. Notwithstanding anything contained in section
19, any party to a dispute may make a reference to the Industry
Facilitation Council for acting as an arbitrator or conciliator
in respect of the matters referred to in that section and the provisions
of the Arbitration and Conciliation Act, 1996 shall apply to such
dispute as if the arbitration or conciliation were pursuant to an
arbitration agreement referred to in sub-section (1) of section
7 of that Act.
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Reference to Industry Facilitation Council |
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21. No appeal against any decree, award or other
order shall be entertained by any court or other authority unless
the appellant (not being a supplier) has deposited with it seventy-five
per cent. of the amount in terms of the decree, award or, as the
case may be, other order in the manner directed by such court or,
as the case may be, such authority. |
Appeal |
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22. The State Government shall, by notification,
establish one or more Industry Facilitation Councils, at such places,
exercising such jurisdiction and for such areas, as may be specified
in the notification. |
Establishment of Industry Facilitation Council |
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23. The Industry Facilitation Council shall
consist of not less than three but not more than five members
to be appointed from among the following categories, namely:-
- (i) Director of Industries, by whatever name called, or any
other officer not below the rank of such Director, in the Department
of the State Government having administrative control of the
small scale industries or, as the case may be, small and medium
enterprises; and
(ii) one or more office-bearers or representatives of small
industry or enterprise associations in the State; or
(iii) one or more representatives of banks and financial institutions
lending to small enterprises; or
(iv) one or more persons having special knowledge in the field
of industry, finance, law, trade or commerce.
(2) The person appointed under clause (i) of sub-section (1)
shall be the Chairperson of the Industry Facilitation Council.
(3) The composition of the Industry Facilitation Council, the
manner of filling vacancies of its members and the procedure to
be followed in the discharge of their functions by the members
shall be such as may be prescribed by the State Government.
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24. Where any buyer is required to get his annual
accounts audited under any law for the time being in force, such
buyer shall furnish the following additional information in his
annual statement of accounts, namely:-
- (i) the principal amount and the interest due thereon (to
be shown separately) remaining unpaid to any supplier as at
the end of each accounting year;
(ii) the amount of interest paid by the buyer in terms of section
18, along with the amounts of the payment made to the supplier
beyond the appointed day during each accounting year;
(iii) the amount of interest due and payable for the period
of delay in making payment (which have been paid but beyond
the appointed day during the year) but without adding the interest
specified under this Act;
(iv) the amount of interest accrued and remaining unpaid at
the end of each accounting year; and
(v) the amount of further interest remaining due and payable
even in the succeeding years, until such date when the interest
dues as above are actually paid to the small enterprise, for
the purpose of disallowance as a deductible expenditure under
section 25.
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Requirement to specify unpaid amount with interest
in the annual statement of accounts |
| 43 of 1961 |
25. Notwithstanding anything contained in the
Income-tax Act, 1961, the amount of interest payable or paid by
any buyer, under or in accordance with the provisions of this Act,
shall not, for the purposes of computation of income under the Income-tax
Act, 1961, be allowed as deduction. |
Interest not to be allowed as deduction from income |
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26. The provisions of sections 17 to 25 shall
have effect notwithstanding anything inconsistent therewith contained
in any other law for the time being in force.
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Over-riding effect |
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CHAPTER VII
MISCELLANEOUS
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27. (1) The Central Government or State Government
may appoint such officers with such designations and such other
employees as it thinks fit for the purposes of this Act and may
entrust to them such of the powers and functions under this Act
as it may deem fit.
(2) The Officers appointed under sub-section (1) may, for the
purposes of this Act, by order require any person to furnish such
information, in such form, as may be prescribed.
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Appointment of Officers and other employees |
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28. (1) Whoever intentionally contravenes or
attempts to contravene or abets the contravention of any of the
provisions contained in sub-section (1) of section 8 or section
16 or sub-section (2) of section 27 shall be punishable, -
- a) in the case of the first conviction, with fine which may
extend to one thousand rupees; and
(b) in the case of any second or subsequent conviction, with
fine which shall not be less than one thousand rupees but may
extend to ten thousand rupees.
-
- (2) Where a buyer contravenes the provisions of section 24,
he shall be punishable with a fine which shall not be less than
ten thousand rupees.
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Penalty for contravention of section 8 or section
16 or section 24 or section 27 |
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29. No court inferior to that of a Metropolitan
Magistrate or a Magistrate of the first class shall try any offence
punishable under this Act.
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Jurisdiction of courts |
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30. (1) The Central Government may, by notification,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of
the foregoing power, such rules may provide for all or any of
the following matters, namely:-
- (a) the term of office of the members, the manner of filling
vacancies, and the procedure to be followed in the discharge
of functions by the members under sub-section (4) of section
3;
(b) the powers and functions of the Member-Secretary under section
6;
(c) the manner in which the Fund may be administered under sub-section
(1) of section 14;
(d) the criteria based on which sums may be released under sub-section
(3) of section 14;
(e) the manner in which and the authority by which inspection
shall be carried under section 15;
(f) the records which may be maintained and the form in which
returns be filed, the method of filing of returns, and the authority
with whom the returns be filed under section 16;
(g) the information to be furnished and the form in which it
is to be furnished under sub-section (2) of section 27; and
(h) any other matter which is to be or may be prescribed under
this Act.
(3) Every notification issued under sub-section (1) of section
9 and every rule made by the Central Government under this section
shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two
or more successive sessions, and if before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the notification
or rule or both Houses agree that the notification or rule should
not be made, the notified order or rule shall thereafter have
effect only in such modified form or be of no effect, as the case
may be, so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done
under that notification or rule.
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Power to make rules |
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31. (1) The State Government may, by notification,
make rules to carry out the provisions of this Act.
(2)In particular and without prejudice to the generality of the
foregoing power, such rule may provide for all or any of the following
matters, namely:-
- (a) the composition of the Industry Facilitation Council,
the manner of filling vacancies of the members and the procedure
to be followed in the discharge of their functions by the members
of the Industry Facilitation Council under sub-section (3) of
section 23;
(b) any other matter which is to be or may be prescribed under
this Act.
(3) The rule made under this section shall, as soon as may be
after it is made, be laid before each House of the State Legislature
where there are two Houses, and where there is one House of the
State Legislature, before that House. |
Power to make rules by State Government |
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32. (1) If any difficulty arises in giving
effect to the provisions of this Act, the Central Government may,
by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as may appear
to be necessary for removing the difficulty:
Provided that no order shall be made under this section after
the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may
be after it is made, be laid before each House of Parliament.
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Power to remove difficulties |
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33. (1) The Interest on Delayed Payments to
Small Scale and Ancillary Industrial Undertakings Act, 1993 is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the Act so repealed under sub-section (1) shall be
deemed to have been done or taken under the corresponding provisions
of this Act. |
Repeal of Act 32 of 1993 |
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