Home   |   Links   |   contact us   |   Message          

 

 
u Training Programs
u Upcoming Events
u Central Government Policies
u Right To Information
u MSME Incentive Schemes
u Monthly Expenditure Report
u Monthly Progress Report
u Trade/MSME Directory
u How To Start MSME Unit
u Cluster Approach
u News
u Tenders
u MSMED Act-2006
   Download E M Form
         Hindi/English
u ISO Reimbursement Status
u ISO Status at MSME-DI,Agra
u Notifications
u Photo Gallery
u Online forum
u Export Promotion & Marketing
u International Trade Fairs
u National Awards
u Library
u Schemes for Women
u Projects for Entrepreneurs

Search the Web Site:


Search On :

All Words
Any WordsPhrase

 

About UsInfrastructurePublicationActivitiesSenet

 

Notifications Issued under MSMED Act 2006
(Operational From 02.10.2006)

1. Principal Notification of MSMED Act 2006 in pdf
2. Notification for Constitution of Advisory Committee in pdf

3. Notification for classification of entreprises in pdf
4. Notification for Authority for filing EM for Manufacturing Medium Entreprises in pdf
5. Notification for Rules for National Board for Micro, Small and Medium Entreprises (NBMSME) in pdf
6. Notification for Items to be excluded for the purpose of calculations of investment in Plant & Machinery of MSMEs in pdf
7. Notification for Authority for filling EM by Service Medium Enterprises pdf
8. Notification for Format of Entreepreneur's Memorandum in pdf
9. Notification for Amendments in the Format of Entrepreneur's Memorandum in pdf
10. Amended format for the Entrpreneurs' Memorandum under the MSMED ACT 2006 after inclusion of the amendments vide notification NO. S.O.941(E) dated 07.06.2007 in pdf
11. Notification for Division of present 28 state of the country into 6 regions in pdf
12. Notification for National Board for Micro, Small And Medium Enterprises in pdf
13. Notification for Section 22 of MSMED Act 2006 relating to "Requirement to specify unpaid amount with interest in the annual statement of accounts" in pdf
14. Notification for 79 De-reserved Items S.O. 246(E)in pdf
15. List of 79 De-reserved Items in pdf
16. List of 35 Items Reserved for Exclusive Manufactured in the Micro & Small Scale Sector in pdf
17. Click here for Categorization of Activities for Service and Manufacturing Enterprises under MSMED Act 2006 in pdf

Click here for Act, Notifications, Policies, Schemes, Programme under the Ministry of MSME

Click for Notifications

 

NOTIFICATION NO. 1

The Gazette of  India
Extraordinary
Part II - Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
NEW DELHI, FRIDAY, JULY 21, 2006/ASADHA 30, 1928 

Ministry of Small Scale Industries
NOTIFICATION

New Delhi, the 18 th July, 2006           

SO.1154(E).-   In exercise of the powers conferred by sub section (2) of section 1 of the Micro, Small and Medium Enterprises Development Act , 2006 (27 of 2006), the Central Government hereby appoints the 2nd day of  October,  2006 as the date on which the provisions of the said Act shall come into force. 

[No.2(3)/2006(F)MSME]   

JAWHAR SIRCAR, Addl.Secy.

NOTIFICATION NO. 2

The Gazette of India
Extraordinary
Part II - Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY

Ministry of Small Scale Industries
NOTIFICATION

NEW DELHI, the 27th September,2006 

S.O. 1622 (E)- In exercise of the powers conferred by sub-section (2) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), the Central Government hereby constitutes an Advisory Committee, for a period of two years from the date of publication of this notification, consisting of the following members, namely:

1.

Secretary to the Government of India,           

Ministry of Small Scale Industries and Ministry of Agro and Rural Industries,

Chairperson, ex-officio

2.

Secretary to the Government of India,

Department of Commerce,

Ministry of Commerce and Industry (or, his nominee, not below the rank of Joint Secretary),

Member, ex-officio

3.

Secretary to the Government of India,

Ministry of Food Processing Industries (or, his nominee, not below the rank of Joint Secretary),

Member, ex-officio

 

4.

Secretary to the Government of India,

Ministry of Labour and Employment (or, his nominee, not below the rank of Joint Secretary),

Member, ex-officio

 

5.

Secretary to the Government of India,

Department of Revenue, Ministry of Finance

(or, his nominee, not below the rank of Joint Secretary),

Member, ex-officio

6.

Adviser (VSE), Planning Commission,

Member, ex-officio

7.

Principal Secretary/Secretary to the Government of Andhra Pradesh, dealing with small scale industries or, as the case may be, micro, small and medium enterprises,

Member, ex-officio

8.

Principal Secretary/Secretary to the Government of Assam, dealing with small scale industries or, as the case may be, micro, small and medium enterprises,

Member, ex-officio                                                          

9.

Principal Secretary/Secretary to the Government of Uttar Pradesh, dealing with small scale industries or, as the case may be, micro, small and medium enterprises,

Member, ex-officio 

10.

President,

Tamilnadu Association of Cottage and Tiny Entrepreneurs, No.5, Church Road, T.M.P .Nagar, Padi, Ambattur,Chennai-600 050

Member, ex-officio

 

11.

President,

Federation of Indian Micro, Small and Medium Enterprises, B-4/161, Safdarjung Enclave, New Delhi-110029

Member, ex-officio

12.

President,

Confederation of Indian Industries

23, Institutional Area, Lodhi Road, New Delhi-110 003

Member, ex-officio

13.

Additional Secretary to Government of India  and Development Commissioner

 (Small Scale Industries),

Ministry of Small Scale Industries,

Member-Secretary

2. The Advisory Committee shall ordinarily meet at least once in every three months. The Committee may also, at its discretion, invite other persons representing micro, small and medium enterprises, the Central or State Government Ministries or Departments as well as experts in the area of Micro, Small and Medium Enterprises to its meetings to enable the Committee to discharge its statutory functions.

 

[F. No.2(10)/2006-MSME Policy]
        JAWHAR SIRCAR, Addl. Secy.

NOTIFICATION NO. 3

 

The Gazette of India
Extraordinary
Part II - Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY

Ministry of Small Scale Industries
NOTIFICATION

 New Delhi, the 29th September 2006

S.O. 1642(E) :- The Central Government, in exercise of the powers conferred by Sub-section (1) of Section 7 of the Micro, Small and Medium Enterprises Development Act,2006 (27 of 2006), after having obtained the recommendations of the Advisory Committee under Sub-section (4) of Section 7 of the Act in this regard, hereby notifies the following enterprises, whether proprietorship, Hindu undivided family, association of persons, co-operative society, partnership or undertaking or any other legal entity, by whatever name called:-

      (i)       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 –
(a)   a micro enterprise, where the investment in plant and machinery does not exceed twenty five lakh rupees;
(b)   a small enterprise, where the investment in plant and machinery is more than twenty five lakh rupees but does not exceed five crore rupees;
(c)    or a medium enterprise, where the investment in plant and machinery is more than five crore rupees but does not exceed ten crore rupees;

(ii)  in the case of the enterprises engaged in providing or rendering of services, as –
(a)   a micro enterprise, where the investment in equipment does not exceed ten lakh rupees;
(b)   a small enterprise, where the investment in equipment is more than ten lakh rupees but does not exceed two crore rupees; or
(c)    a medium enterprise, where the investment in equipment is more than two crore rupees but does not exceed five crore rupees

[F.No.4(10)/2006-MSME Policy]

        JAWHAR SIRCAR, Addl. Secy.

NOTIFICATION NO. 4

The Gazette of India
Extraordinary

Part II - Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY

Ministry of Small Scale Industries
NOTIFICATION 

New Delhi, the .29th September, 2006         

S.O. 1636(E): -   In  exercise of the powers conferred by Sub-section (3) of section 8 of the Micro, Small and  Medium Enterprises Development Act, 2006 (27 of 2006) herein referred to as the said Act, the Central Government hereby specifies the General Manager, District Industries Centre or any District level officer of equivalent rank in the  Directorate or the Department dealing with Micro, Small and Medium Enterprises of the State Government or the Union Territory Administration as the authority with which the memorandum shall be filed by a person who intends to establish or has already established a medium enterprise engaged in the manufacture or production of goods, as specified in clause (c) of Sub-section (1) of section 8 of the said Act.

[F.No.2(10)2006 MSME POL]

        JAWHAR SIRCAR, Addl. Secy.

 

NOTIFICATION NO. 5

MINISTRY OF SMALL SCALE INDUSTRIES
NOTIFICATION
New Delhi, the 26th September 2006     

G.S.R.  596(E).-- In exercise of the powers conferred by section sub-section (4) of Section 3 and Section 6, read with clause (a) and (b) of Sub-section (2) of Section 29 of  the Micro ,Small and Medium Enterprises Development Act, 2006 (27 of 2006) , the Central Government hereby makes the following rules, namely :-

1.Short title and commencement.-

(1) These rules may be called the Micro, Small and Medium Enterprises Development (National Board for Micro, Small and Medium Enterprises) Rules, 2006.
(2) They shall come into force on the 2nd day of October,2006.

2. Definitions.-
(1) In these rules, unless the context otherwise requires,-

(a) "Act" means the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006);
(b) "Advisory Committee" means the committee constituted by the Central Government under sub-section (2) of section 7;
(c) "Board” means the National Board for Micro, Small and Medium Enterprises established under sub-section (1) of section 3;
(d) “
Chairperson” means the Chairperson of the Board;
(e) “Member” means a member of the Board;
(f) "Section" means a section of the Act;
(g) “
Vice-Chairperson” means the Vice-Chairperson of the Board.

(2) Words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act

3.          Term of office of members.- 

 Save as hereinafter provided,-

            (i)          a member, other than an ex-officio member, shall hold office for a period not exceeding two years from the date of his appointment; 

            (ii)        a member elected under clause (d) of sub-section (3) of section 3 shall cease to be a member of the Board if he ceases to be a member of the House of Parliament by which he was so elected; and

            (iii)       a member appointed under clauses (k), (l), (m) and (n) of sub-section 3  of section 3 shall cease to be a member of the Board if he ceases to represent the category  or interest from which he was so appointed: 

Provided that a member shall be eligible for re-appointment.

4.   Resignation-

(i)         The office of a member shall fall vacant from the date on which his resignation is accepted or on the expiry of thirty days from the date of receipt of intimation of resignation, whichever is earlier.

(ii)        The power to accept the resignation of a member shall vest in the Chairperson who, on accepting the resignation, shall report that to the Board at its next meeting.

5.      Change of Address: - If a member changes his address, he shall notify his new address to the Member Secretary of the Board who shall thereupon enter his new address in the official records:

            Provided that If such a member fails to notify his new address, the address in the official records shall for all purposes be deemed to be the member's correct address.

6. Manner of filling vacancies among members-

(i)         The Central Government may evolve such criteria and hold such consultations as it may think fit, before appointing members from among the representatives specified in clauses  (l), (m) and (n) of sub-section (3) of section 3,each time the Board is constituted.

(ii)        When a member dies or resigns or is deemed to have resigned or is removed from office or becomes incapable of acting, the Central Government may, by notification in Official Gazette, appoint a person to fill that vacancy:

Provided that where the vacancy occurs in a membership which was held by the outgoing member by virtue of his membership of Parliament under clause (d) of sub-section (3) of section 3, the appointment of the next incumbent of that vacancy shall be on the basis of fresh election by that House of Parliament to which the outgoing member belonged.

7.   Procedure to be followed in the discharge of their function by the members of the Board.-

(i)                  Agenda.-

(a)           The agenda to be considered at a meeting of the Board shall be approved by the Chairperson and shall ordinarily be issued by the Member-Secretary fourteen days before the approved day of the meeting and shall be left at or posted to the address of every member of the Board.

(b)        The Board may take up any item outside the agenda with the permission of the Chairperson

(ii)                The Board shall meet at least once in every three months at Delhi:

Provided that if it is deemed necessary and expedient to hold a meeting of the Board outside its headquarters at Delhi, the reasons for holding such meeting shall be recorded in writing with prior approval of the Chairperson.

(iii)               The Chairperson may at any time call a special meeting of the Board in case of urgency, after informing the members in advance about the subject  matter of discussion and the reasons of urgency.

(iv)              The Chairperson or, in his absence the Vice-Chairperson, shall preside over the meetings of the Board.

(v)                The quorum for any meeting of the Board shall be twelve.

(vi)              The Central Government may debar any member, other than ex officio members,  from taking part in the  meetings of the Board if -

(a)      he absents himself from two consecutive meetings of the Board without written information to and consent of the Chairperson and, in any case, from three consecutive meetings, or 

(b)      in the view of the Central Government, the act of a member is or is likely to be detrimental to the Government policies and programmes of the Government for promotion, development and enhancing competitiveness of micro, small and medium enterprises.

8.   Powers and functions of Member-Secretary of the Board.-

The Member-Secretary shall -

(i)                  act as the Head of the secretariat of the Board;

(ii)                sanction necessary expenditure on contingencies, supplies, services and articles required for the working of the Board and its secretariat, execution  of the functions assigned to the Board and furtherance of the objects of the Act, subject to provisions being made in the annual budget for this purpose;

(iii)       maintain or cause to be maintained an account of the receipts and expenditures of the Board in such form as may be notified by the Government in consultation with the Comptroller and Auditor General of India;

(iv)       assist the Chairperson in all administrative matters relating to the Board; 

(v)        keep or cause to be kept a record of names of members and their addresses; 

(iii)               make arrangements for the meetings of the Board; and

(vii)      issue the minutes of the meetings of the Board, as approved by the Chairperson. 

[F. No. 1(3)/2006-MSME POL]

JAWHAR SIRKAR, Addl. Secy.

NOTIFICATION NO. 6

The Gazette of India
Extraordinary
Part II - Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY

Ministry of Small Scale Industries
NOTIFICATION 

New Delhi, the  5 October, 2006         

S.O. 1722(E):- In exercise of the powers conferred by sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006(27 of 2006) herein referred to as the said Act, the Central Government hereby specifies the following items, the cost of which shall be excluded while calculating the investment in plant and machinery in the case of the enterprises mentioned   in section 7(1)(a) of the said Act, namely:-

(i)                  equipment such as tools, jigs, dies, moulds and spare parts for maintenance and the cost of consumable stores;

(ii)                installation of plant and machinery;

(iii)               research and development equipment and pollution control equipment;

(iv)              power generation set and extra transformer installed by the enterprise as per the regulations of the State Electricity Board;

(v)                bank charges and service charges paid to the National Small Industries Corporation or the State Small Industries Corporation;

(vi)              procurement or installation of cables, wiring, bus bars, electrical control panels (not  mounted on individual machines), oil circuit breakers or miniature circuit breakers which are necessarily to be used for providing electrical power to the plant and machinery or for safety measures;

(vii)             gas producer plants; 

(viii)           transportation charges (excluding  sales-tax or value added tax  and excise duty ) for indigenous machinery from the place of their  manufacture  to the site of the enterprise;

(ix)              charges paid for technical know-how for erection of plant and machinery;

(x)                such storage tanks which store raw materials and finished products only and are not linked with the manufacturing process; and

(xi)              fire fighting equipment.

 2.        While calculating the investment in plant and machinery referred to in paragraph 1, the original price thereof, irrespective of whether the plant and machinery are new or second hand, shall be taken into account provided that in the case of imported machinery, the following shall be included in calculating the value, namely:

(i)                  Import duty (excluding miscellaneous expenses such as transportation from the port to the site of the factory, demurrage paid at the port);

(ii)                Shipping charges;

(iii)               Customs clearance charges; and

(iv)              Sales tax or value added tax.

[F.No. 4(1)/2006-MSME POLICY]

        JAWHAR SIRCAR, Addl. Secy.

 

NOTIFICATION NO. 7

The Gazette of India
Extraordinary
Part II - Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY

Ministry of Small Scale Industries
NOTIFICATION 

New Delhi, the .7th November 2006         

S.O. 1909(E): -   In  exercise of the powers conferred by Sub-section (3) of section 8 of the Micro, Small and  Medium Enterprises Development Act, 2006 (27 of 2006) herein referred to as the said Act, the Central Government hereby specifies the General Manager, District Industries Centre or any District level officer of equivalent rank in the  Directorate or the Department dealing with Micro, Small and Medium Enterprises of the State Government or the Union Territory Administration, as the Authority with which the memorandum shall be filed, at his discretion, by a person who intends to establish or has already established a medium enterprise engaged in providing or rendering of services, as specified in clause (b) of Sub-section (1) of section 8 of the said Act.

[F.No.2(10)2006 MSME POL]

        JAWHAR SIRCAR, Addl. Secy.

 

Draft Rules of Micro & Small Enterprises Facilitation Council (MSEFC)  under
The Micro, Small and Medium Enterprises Development Act, 2006
(27 of 2006)

NO.              Dated, the………..,2006

In exercise of the powers conferred by section 30 read with sub-section (3) of section 21 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), the Government/Administration of …….(State/Union Territory )  hereby makes the following rules, namely:-

Preliminary

1. Short title and commencement.-

(1)               These rules may be called the (State/Union Territory) Micro and Small Enterprises Facilitation Council Rules, 2006.

(2)                They shall come into force with effect from the…day of ……(month),………(year).

 

(3)        They shall extend to the whole of ……….(State/ Union Territory).

 

2. Definitions. -In these rules, unless the context otherwise requires-

(a) "Act" means the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006);

(b)  "Section" means a section of the Act;

(c) "Arbitration and Conciliation Act” means the Arbitration and Conciliation Act, 1996 (26 of 1996);

(d) “Council” means the Micro and Small Enterprises Facilitation Council, established by the. (State/ Union Territory) of ……… under section 20 of the Act;

(e) "Institute" means any institution or centre providing alternate dispute resolution services referred to in sub-section (2) and (3) of section 18 of the Act; 

(f)  “Chairperson” means the Chairperson of the Council appointed under clause(i) of sub-section (1) of section 21of the Act;

 (g)  “Member” means a member of the Council;

 (h)   “Government” means the Government of ............( State) ;

 (i) “Administrator” means The Lieutenant Governor or Administrator of the Union Territory of ........….All reference to Government hereinafter shall, in the case of the Union Territory of ………..,mean the Administrator.

(j)         The words and expressions used and not defined, but defined in the Act shall have the meanings assigned to them in the Act.

 

3.    Manner of appointment, etc. -

(a)                           The Government shall appoint the representatives, specified in clauses  (ii), (iii) or (iv) of sub-section (1) of section 21,as member of the Council.

(b)                           When a member of the council dies or resigns or is deemed to have resigned or is removed from office or becomes incapable of acting as a member , the Government may by notification in the official gazette appoint a person to fill that vacancy.

(c)                            A member, other than the Chairperson, shall hold office for a period not exceeding two years from the date of his appointment.

(d)                           A member appointed under clauses (ii), (iii) and (iv) of sub-section (1) of section 21 shall cease to be a member of the council if he ceases to represent the category  or interest from which he was so appointed. 

(e)                           Any member of the Council may resign from the Council by tendering one month’s notice in writing to the Government. The power to accept the resignation of a member shall vest in the Government.

(f)                             The Government may remove any member from office:-

 (i)  if he is of unsound mind and stands so declared by a competent court; or

(ii) if he becomes bankrupt or insolvent or suspends payment to his creditors; or

(iii) if he is convicted of any offence which is punishable under the Indian Penal Code (Act XLV of 1860); or

(iv)   if he absents himself from three consecutive meetings of the council without the leave of the Chairperson, and in any case from five consecutive meetings; or      

(v)    acquires such financial or other interest as is likely, in the opinion of the Government, to affect prejudicially his functions as a member.

4.    Procedure to be followed in the discharge of functions of the Council.-

(i)        The Council shall meet at least once a month.

(ii)       At least seven days’ notice shall ordinarily be given for any meeting. However, in case of urgency a meeting may be called at such shorter notice as the Chairperson may consider sufficient.

(iii)      The Council may appoint/or engage the services of one or more experts in terms of section 26 of the Arbitration and Conciliation Act, 1996.

(iv)                The Council, or a party to the dispute with the approval of the Council, may apply to the court under section 27 of the Arbitration and Conciliation Act, 1996, for assistance in taking evidence.

(v)                  The reference/application of the aggrieved micro or small enterprise supplier shall contain full particulars of the supplier and its status, supplied goods or services, terms of payment, if any, agreed between the supplier and buyer, actual payment received with date, amount due and the interest duly calculated under section 16 of the Act, supported by an affidavit, with necessary court fee stamp affixed thereon. The Chairperson of the Council may require any petitioner to provide further particulars of the claim or any relevant documents in support of the claim as he may consider necessary for the purpose of the proceedings. If the petitioner fails or omits to do so within fifteen days of receipt of such communication or within such further time as the Chairperson may, for sufficient cause, allow, the Council may terminate the proceedings without prejudice to the right of the petitioner to make fresh reference if he is otherwise entitled so to do. The petitioner shall also simultaneously send a copy of the reference to the buyer or buyers against whom the reference is directed.

(vi)                 The reference/application shall be acknowledged forthwith if it is delivered at the office of the Council. Where the reference/application is received by registered post, its receipt shall be acknowledged on the same day. The Chairperson shall cause the buyer to furnish his detailed response to the reference within fifteen days of receipt of the reference by the buyer or within such further time not exceeding fifteen days, as he may, for sufficient cause, allow.

(vii)         On receipt of a reference under section 18 of the Act, the Chairperson of the Council shall cause the reference and the buyers response thereto to be examined and, on being satisfied with the reference making a prima facie case of delayed payment, cause the reference to be placed before the Council at its next immediate meeting for consideration. The Chairperson shall also ensure that each reference received within two weeks of the date of the last preceding meeting of the Council is examined and, if found in order, is placed for consideration of the Council at its next immediate meeting. 

(viii)       The Council shall either itself conduct conciliation in each reference placed before it or seek the assistance of any institute or centre providing alternate dispute resolution services by making a reference to such an institution or centre, for conducting conciliation. The provisions of sections 65 to 81 of the Arbitration and Conciliation Act, 1996 shall apply to such a reference as if the conciliation was initiated under Part III of that Act.

(ix)               The Council or the institute to which it has been referred for conciliation shall require the supplier and the buyer concerned to appear before it by issuing notices to both parties in this behalf. On the appearance of both parties, the Council or the institute shall first make efforts to bring about conciliation between the buyer and the  supplier. The institute shall submit its report to the Council with in fifteen days of reference from the Council or with in such period as the Council may specify.

(x)                  When such conciliation does not lead to settlement of the dispute, the Council shall either itself act as an Arbitrator for final settlement of the dispute or refer it to an institute for such arbitration, in accordance with the provisions of the Arbitration and Conciliation Act,1996. The supplier or the buyer may, either in person or through his lawyer registered with any court, present his case before the Council or the institute during the arbitration proceedings . The institute shall submit its report to the Council with in such time as the Council may stipulate. 

(xi)               Any decision of the Council shall be made by a majority of its members present at the meeting of the Council.

(xii)         The Council shall make an arbitral award in accordance with section 31 of the Arbitration and Conciliation Act 1996 and within the time specified in sub-section (5) of section 18 of the Act. The award shall be stamped in accordance with the relevant law in force. Copies of the award shall be made available within seven days of filing of an application.

(xiii)       The provisions of sections 15 to 23 of the Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

The Chairperson or any other officer authorised by the Chairperson shall forward the proceedings of every meeting of the Council including annual progress report of the Council to the Member –Secretary of the Advisory Committee constituted under sub-section (3) of the section 7 of the Act.