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Micro, Small and Medium Enterprises Development Act, 2006 Chapter V

Title: Delayed Payments to Micro and Small Enterprises

State: Central

Year: 2006

.....due For any goods supplied or services rendered by the supplier,the buyer shall be liable to pay the amount with interest thereon as providedunder section 16. Section 18 - Reference to Micro and Small Enterprises Facilitation Council (1) Notwithstanding anything contained in any other law forthe time being in force, any party to a dispute may, with regard to any amountdue under section 17, make a reference to the Micro and Small EnterprisesFacilitation Council. (2) On receipt of a reference under sub-section (1), theCouncil shall either itself conduct conciliation in the matter or seek theassistance of any institution or centre providing alternate dispute resolutionservices by making a reference to such an institution or centre, for conductingconciliation and the provisions of sections 65 to 81 of the Arbitration andConciliation Act, 1996(26 of 1996) shall apply to such a dispute as if theconciliation was initiated under Part III of that Act. (3) Where the conciliation initiated under sub-section (2) isnot successful and stands terminated without any settlement between the parties,the Council shall either itself take up the dispute for arbitration or refer toit any.....

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Micro, Small and Medium Enterprises Development Act, 2006 Chapter II

Title: National Board for Micro, Small and Medium Enterprises

State: Central

Year: 2006

.....matter. Section 5 - Functions of Board 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 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; (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 micro, small and medium enterprises; and (c) advise the Central Government on the use of the Fund or Funds constituted under section 12. Section 6 - Powers and functions of Member-Secretary of Board 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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Micro, Small and Medium Enterprises Development Act, 2006 Chapter III

Title: Classification of Enterprises, Advisory Committee and Memorandum of Micro, Small and Medium Enterprises

State: Central

Year: 2006

.....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(65 of 1951), as-- (i) a micro enterprise, where the investment in plant and machinery does not exceed twenty-five lakh rupees; (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 (iii) a medium enterprise, where the investment in plant and machinery is more than five crore rupees but does not exceed ten crore rupees; (b) in the case of the enterprises engaged in providing or rendering of services, as-- (i) a micro enterprise, where the investment in equipment does not exceed ten lakh rupees; (ii) a small enterprise, where the investment in equipment is more than ten lakh rupees but does not exceed two crore rupees; or (iii) a medium enterprise, where the investment in equipment is more than two crore rupees but does not exceed five crore rupees. Explanation 1.--For the removal of.....

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Micro, Small and Medium Enterprises Development Act, 2006 Section 21

Title: Composition of Micro and Small Enterprises Facilitation Council

State: Central

Year: 2006

.....scale industries or, as the case may be, micro, small and medium enterprises; and (ii) one or more office-bearers or representatives of associations of micro or small industry or enterprises in the State; and (iii) one or more representatives of banks and financial institutions lending to micro or 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 Micro and Small Enterprises Facilitation Council. (3) The composition of the Micro and Small Enterprises 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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Micro, Small and Medium Enterprises Development Act, 2006 Complete Act

Title: Micro, Small and Medium Enterprises Development Act, 2006

State: Central

Year: 2006

.....to make payment Section16 - Date from which and rate at which interest is payable Section17 - Recovery of amount due Section18 - Reference to Micro and Small Enterprises Facilitation Council Section19 - Application for setting aside decree, award or order Section20 - Establishment of Micro and Small Enterprises Facilitation Council Section21 - Composition of Micro and Small Enterprises Facilitation Council Section22 - Requirement to specify unpaid amount with interest in the annual statement of accounts Section23 - Interest not to be allowed as deduction from income Section24 - Overriding effect Section25 - Scheme for closure of business of micro, small and medium enterprises Chapter VI Section26 - Appointment of officers and other employees Section27 - Penalty for contravention of section 8 or section 22 or section 26 Section28 - Jurisdiction of courts Section29 - Power to make rules Section30 - Power to make rules by State Government Section31 - Power to remove difficulties Section32 - Repeal of Act ScheduleI - First Schedule ScheduleII - Second Schedule

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Micro, Small and Medium Enterprises Development Act, 2006 Chapter IV

Title: Measures for Promotion, Development and Enhancement of Competitiveness of Micro, Small and Medium Enterprises

State: Central

Year: 2006

.....institutions and public sector enterprises. Section 12 - Funds 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. Section 13 - Grants by Central Government 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. Section 14 - Administration and utilisation of Fund or Funds (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 subsection (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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Micro, Small and Medium Enterprises Development Act, 2006 Preamble 1

Title: Micro, Small and Medium Enterprises Development Act, 2006

State: Central

Year: 2006

THE MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 [Act, No. 27 of 2006] [16th June, 2006] PREAMBLE 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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Micro, Small and Medium Enterprises Development Act, 2006 Section 8

Title: Memorandum of Micro, Small and Medium Enterprises

State: Central

Year: 2006

.....established-- (a) a small scale industry and obtained a registration certificate, may, at his discretion; and (b) 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(65 of 1951), having investment in plant and machinery of 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 filed an Industrial Entrepreneur's 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. (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).....

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Micro, Small and Medium Enterprises Development Act, 2006 Section 18

Title: Reference to Micro and Small Enterprises Facilitation Council

State: Central

Year: 2006

.....between the parties,the Council shall either itself take up the dispute for arbitration or refer toit any institution or centre providing alternate dispute resolution services forsuch arbitration and the provisions of the Arbitration and Conciliation Act,1996(26 of 1996) shall then apply to the dispute as if the arbitration was inpursuance of an arbitration agreement referred to in sub-section (1) of section7 of that Act. (4) Notwithstanding anything contained in any other law forthe time being in force, the Micro and Small Enterprises Facilitation Council orthe centre providing alternate dispute resolution services shall havejurisdiction to act as an Arbitrator or Conciliator under this section in adispute between the supplier located within its jurisdiction and a buyer locatedanywhere in India. (5) Every reference made under this section shall be decidedwithin a period of ninety days from the date of making such a reference.

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Micro, Small and Medium Enterprises Development Act, 2006 Section 20

Title: Establishment of Micro and Small Enterprises Facilitation Council

State: Central

Year: 2006

The State Government shall, by notification, establish one or more Micro and Small Enterprises Facilitation Councils, at such places, exercising such jurisdiction and for such areas, as may be specified in the notification.

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