Ministry of Micro,Small & Medium Enterprises17-January, 2007 15:21 IST
Promoting Micro to Medium Enterprises

There has been a long standing demand from entrepreneurs, small industry associations and related stakeholders for a single comprehensive legislation.  The “Micro, Small and Medium Enterprises Development (MSMED) Act, 2006” is the first Act for micro, small and medium enterprises which, inter alia, provides for establishment of a statutory National Board for Micro, Small and Medium Enterprises, filing of memoranda, measures for promotion and development and enhancement of competitiveness of micro, small and medium enterprises, credit facilities, procurement preference and provisions related to delayed payments to micro and small enterprises.  The medium sector has been defined for the first time in India and Micro enterprises have been defined first time in Act.

The necessary Notification/Rules have already been notified by the Central Government and the Act has already come into force with effect from October 2, 2006.

Classification of Enterprises

The earlier concept of ‘Industries’ has been changed to ‘Enterprises’ and these have been classified broadly into: (i) Enterprises engaged in the manufacture/production of goods pertaining to any industry; and (ii) Enterprises engaged in providing/rendering of services.

Manufacturing enterprises have been defined in terms of investment in plant and machinery (excluding land & building) and further classified into:

-    Micro Enterprises – investment upto Rs.25 lakh.

-    Small Enterprises – investment above Rs.25 lakh &    upto 5 crore.

-    Medium Enterprises – investment above Rs.5 crore & upto Rs.10 crore.

Services enterprises have been defined in terms of their investment in equipment (excluding land & buildings) and further classified into:

-    Micro Enterprises – investment Rs.10 lakh

-    Small Enterprises – investment above Rs.10 lakh &      up to Rs.2 crore.           

-    Medium Enterprises – investment above Rs.2 crore & up to Rs. 5 crore.

Filing of Memoranda                                                                                                                  The process of two-stage registration of Micro & Small Enterprises has been dispensed with & replaced by filing of Memoranda. This filing is optional for all Micro & Small Enterprises and for Service Sector Medium Enterprises. However, filing of memorandum is mandatory for Manufacturing Sector Medium Enterprises.

Composite National Board

The National Board for Micro, Small and Medium Enterprises (MSME) is to be headed by the Central Minister I/c of MSMEs and consisting of 46 members from among MPs and representatives of Central Ministries,  State Governments, UT Administration, RBI, SIDBI, NABARD, associations of MSMEs including women, persons of eminence and Central Trade Union Organisations.                                                                                                   National Board is now statutory, as against non-statutory SSI Board and it is binding on it to hold quarterly meetings on regular basis.

Promotional Provisions

Central Government will notify programmes, guidelines or instructions for facilitating the promotion and development and enhancing the competitiveness of MSMEs. Central Government will also constitute, by notification, one or more Funds for the sectors.

Credit

The policies and practices in respect of credit to the MSMEs shall be progressive and such as may be specified in the guidelines or instructions issued by the Reserve Bank of India with the aims of ensuring smooth credit flow to the MSMEs, minimizing sickness among them, and ensuring enhancement of their competitiveness.

Preference Policies

Central Government or a State Government will notify preference policies in respect of  procurement of goods and services, produced and provided by MSEs, by its Ministries, departments or its aided institutions and public sector enterprises (non-statutory till now). These preference policies will valid only for Micro and Small Enterprises and not for Medium Enterprises.

Checking  Delayed Payments

Measures in brief: Provisions related to delayed payments to micro & small enterprises (MSEs) strengthened; period of payment to MSEs by the buyers reduced to forty-five days; rate of interest on outstanding amount increased to three times the prevailing bank rate of Reserve Bank of India compounded on monthly basis; constitution of MSE Facilitation Council(s) mandatory for State Government; provision for inclusion of one or more representatives of MSE Associations in the Facilitation Council; jurisdiction of the Council in a State to cover wherever the buyer may be located; MSE Facilitation Council may utilize services of any institution or Centre for conciliation and alternate dispute resolution services; reference made to the Council to be decided within ninety days from the date of reference; declaration of payment outstanding to MSE supplier mandatory for buyers in their annual statement of accounts; interest (paid or payable to supplier) disallowed for deduction for income tax purposes; no appeal against order of Facilitation Council to be entertained any Court without deposit of 75% of the decreed amount payable by buyer; and Appellate Court may order payment of a part of the deposit to the supplier MSE.

Closure of Business

Central Government may (within one year of the commencement of the Act) notify a scheme for facilitating closure of business by a micro, small or medium enterprise.

SV/AB/RTS/VN

SS-21/SF-21/17.01.2006


(Release ID :24105)