Professional Documents
Culture Documents
Table of contents
Sr. No Content
1 Introduction- industrial Revolution
2 Industrial Economy, 5year plans and Niti Ayog
3 The primary legislation dealing with industrial undertakings
in India
4 Micro, Small and Medium Enterprises
4 Government initiatives to facilitate innovation and
investment in MSME sector
5 The Micro, Small and Medium Enterprises Development
Act, 2006 (MSME Act 2006)
6 Setting up a MSME unit
7 MSME AND DELAYED PAYMENTS
8 LENDING TO MSME
9 APPLICABILITY OF VARIOUS LAWS TO MICRO, SMALL
AND MEDIUM ENTERPRISES
10 Subsidy Schemes for MSMEs by the Government of India
11 OPPORTUNITIES IN MSME SECTOR
12 Startups and startup eco system
13 Start-up initiative
14 STARTUP under the Ministry of Commerce and industry
(Department for Promotion of Industry and Internal Trade)
15 Registration of start up
16 List of all websites related to MSME and Startups
Industry 4.0
Industry 4.0 started in the dawn of the third millennium with the birth and rise
of the Internet. With advancement in technology, robotics, analytics, artificial
intelligence and cognitive technologies, nanotechnology, quantum computing,
wearables, the internet of things, additive manufacturing and advanced
materials will become embedded within organisations, people, and assets.
Industry 4.0 is the digital transformation of manufacturing/production and
related industries and value creation processes. Industry 4.0 also popularly
referred to as the fourth industrial revolution, represents a new stage in the
organization and control of the industrial value chain.
Cyber-physical systems form the basis of Industry 4.0 (e.g., ‘smart machines’).
They use modern control systems, have embedded software systems and
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dispose of an Internet address to connect and be addressed via IoT (the
Internet of Things). This way, products and means of production get networked
and can ‘communicate’, enabling new ways of production, value creation, and
real-time optimization. Cyber-physical systems create the capabilities needed
for smart factories.
It is characterized by, among others,
1) even more automation than in the third industrial revolution,
2) the bridging of the physical and digital world through cyber-physical
systems, enabled by Industrial IoT,
3) a shift from a central industrial control system to one where smart products
define the production steps,
4) closed-loop data models and control systems and
5) personalization/customization of products.
Industry 5.0
The term Industry 5.0 refers to people working alongside robots and smart
machines. It’s about robots helping humans work better and faster by
leveraging advanced technologies like the Internet of Things (IoT) and big data.
It adds a personal human touch to the Industry 4.0 pillars of automation and
efficiency.
Service Sector is the largest sector of India. Gross Value Added (GVA) at current
prices for Service sector is estimated at 92.26 lakh crore INR in 2018-19.
Service sector accounts for 54.40%, Secondary sector (comprising
manufacturing, electricity, gas, water supply & other utility services and
construction) account for 27.03 % while the Primary Sector (comprising
agriculture, forestry, fishing and mining and quarrying account for 18.57 % of
total India’s GVA.
Investment is the key for the flourishment of areas like agro-processing, and
exports, Agri-startups and Agri-tourism, where the potential for job creation
and capacity utilisation is far less.
Investment needs to be driven to strengthen both public and private extension
advisory systems (educating farmers about technology and management
practices).
It would also serve as a stage to demonstrate resource conservation and
sustainable use through organic, natural and green methods, and also zero
budget natural farming.
India has the highest livestock population in the world, investment should be
made to utilise this surplus by employing next-generation livestock technology.
This would lead to a sustained increase in farm income and savings with an
export-oriented growth model.
Investment in renewable energy generation (using small wind mill and solar
pumps) on fallow farmland and in hilly terrain would help reduce the burden of
debt-ridden electricity distribution companies and State governments, besides
enabling energy security in rural areas.
A farm business organisation is another source of routing private investment to
agriculture. Linking these organisations with commodity exchanges would
provide agriculture commodities more space on international trading
platforms and reduce the burden of markets in a glut season, with certain
policy/procedural modifications.
Manufacturing Sector
Along with the machines, the workforce needs to undergo the change in
upskilling themselves. The entrepreneurs have to undergo a paradigm shift in
the way they look at their processes. The automation of the processes, the use
of data analytics and artificial intelligence require the commitment of the
management in terms of time and resources. Also the culture of the
organisation has to be upgraded in becoming the world leader in delivering the
best products and services across the globe. And we, chartered accountants
have to be their catalysts in this change.
In the chapters to follow we shall understand various concepts, legislative
frame work, ecosystems and steps taken by government in the form of
subsidies
Chapter 2
Industrial Economy 5 year plans and Niti Ayog
The industrial economy concerns those activities combining factors of
production (facilities, supplies, work, knowledge) to produce material goods
intended for the market.
Chapter 3
The primary legislation dealing with industrial undertakings in India
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The primary law which govern Industrial undertaking is the
industries(Development and Regulation) Act 1951
An industry is a branch of an economy that produces a closely related set of
raw materials, goods, or services.
Industrial undertaking means an industry, establishment or other undertaking
engaged in the production or processing of any goods or in the development
and extraction of such mineral resources or products, or in the providing of
such mineral resources or products, or in the providing of such services, as may
be specified in this behalf by the Government.
The Industries (Development and Regulation) Act, 1951, came into force on the
8th May, 1952 was enacted to provide the Central Government with the
means of implementing their industrial policy which was announced in their
Resolution No. I(3)-44(13)-48, dated 6th April, 1948.
The Act brings under Central control the development and regulation of a
number of important industries, the activities of which affect the country as a
whole and the development of which must be governed by economic factors
of all-India import. The planning of future development on sound and balanced
lines is sought to be secured by the licensing of all new undertakings by the
Central Government. The Act confers on Government, power to make rules for
the registration of existing undertakings, for regulating the production and
development of the industries in the Schedule and for consultation with state
Governments on these matters.
Industrial undertaking
According to section 3 (d) of the Industries (Development and Regulation) Act,
1951, ‘industrial undertaking’ means any undertaking pertaining to a
scheduled industry carried on in one or more factories by any person or
authority including government.
Power of Central Government to specify the requirements which shall be
complied with by small scale industrial undertakings.—
Section 11-B of the industries(Development and regulation) Act 1951 gives
Power to the Central Government to specify the requirements which shall be
complied with by small scale industrial undertakings.
(1) The Central Government may, with a view to ascertaining which ancillary
and small scale industrial undertakings need supportive measures, exemptions
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or other favourable treatment under this Act to enable them to maintain their
viability and strength so as to be effective in—
(b) securing that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good,
(ii) rendering of services, or supplying or rendering, not more than fifty per
cent of its production or its total services, as the case may be, to other units for
production of other articles.
(2) The factors referred to in sub-section (1) are the following, namely:—
(d) the nature, cost and quality of the product of the industrial undertaking;
(e) foreign exchange, if any, required for the import of any plant or machinery
by the industrial undertaking; and
(3) A copy of every notified order proposed to be made under sub-section (1)
shall be laid in draft 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 disapproving the issue of the proposed notified order or both
Houses agree in making any modification in the proposed notified order, the
notified order shall not be made, or, as the case may be, shall be made only in
such modified form as may be agreed upon by both the Houses.
Thus a new law was required to facilitate the promotion and development and
to enhance the competitiveness of small and medium enterprises. The MSMED
Act 2006 achieves the above by-
(c) providing for classification of small and medium enterprises on the basis of
investment in plant and machinery, or equipment and establishment of an
Advisory Committee to recommend on the related matter.
(f) making provisions for ensuring timely and smooth flow of credit to small
and medium enterprises to minimise the incidence of sickness among and
enhancing the competitiveness of such enterprises, in accordance with the
guidelines or instructions of the Reserve Bank of India.
(j) prescribing for maintenance of records and filing of returns by small and
medium enterprises with a view to reduce the multiplicity of often-overlapping
types of returns to be filed.
Chapter 4
Micro, Small and Medium Enterprises
Worldwide, the micro, small and medium enterprises have been accepted as
the engine of economic growth and the foundation for promoting equitable
development. These enterprises constitute over 90% of total enterprises in
most of the economies and are credited with generating the highest rates of
employment growth and account for a major share of industrial production
and exports.
Micro, small and medium enterprises are also referred to as Micro and Small
enterprises (MSEs) and Small and Medium enterprises (SMEs), and Small and
Medium-sized businesses (SMBs) in some countries. The abbreviation SME
In India, the sector is referred to as the Micro, Small and Medium Enterprises
(MSMEs). MSMEs play a pivotal role in the overall industrial economy of the
country. In recent years the MSME sector has consistently registered higher
growth rate compared to the overall industrial sector. The major advantage of
the sector is its employment potential at low capital cost.
IMPORTANCE AND POTENTIAL OF MSME SECTOR IN INDIA
The micro, small and medium enterprises (MSMEs) sector is the SECOND
largest employment provider in the country (ranking after the agriculture
sector) and hence forms an important part of the Indian economy. As per the
data of the Central Statistics Office (CSO), Ministry of Statistics & Program
Implementation, the contribution of MSME Sector in country’s Gross Domestic
Product (GDP), at current prices for the year 2019-2020 had been 29% and 48%
towards exports.
One of the major problems facing these enterprises is the access to equity and
credit. Most of the time, the equity is coming from savings and loans from
friends and relatives rather than through banking systems. Very often, the
credit is coming from operations or domestic savings rather than established
systems of cheap banking credit for working capital.
Chapter 5
GOVERNMENT INITIATIVES TO FACILITATE INNOVATION AND INVESTMENT IN
MSME SECTOR
India has changed. Young educated professionals, uneducated spirited
individuals, small businesses, large businesses are all together redefining the
business landscape of India. Business in India is no longer confined to mean
patriarchal predominance in specific sectors. It has now become a much larger
word referring to infinite possibilities.
With India’s growing economy and the diversity of the MSME sector, the
Government had set out two major initiatives to facilitate innovation and
investment in India and serve as a pathway to progress for MSME sector.
The Micro, Small and Medium Enterprises Development Bill 2005, having been
passed by both the houses of Parliament, received the assent of the President
on 16th June 2006. It came on the Statute Book as the Micro, Small and
Medium Enterprises Development Act, 2006 (27 of 2006) and come into force
from 02nd October, 2006.
One of the primary objectives of the Act is to make provisions for ensuring
timely and smooth flow of credit to SME's and minimize sickness amongst
them.
In accordance with the MSMED Act 2006, the Central government may 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.
In exercise of the powers conferred by sub-section (1) read with
sub-section (9) of section 7 of the ‘Micro, Small and Medium Enterprises
Development Act, 2006 the Central Government, has notified the following
criteria for classification of micro, small and medium enterprises, namely:—
(i) a micro enterprise, where the investment in Plant and Machinery or
Equipment does not exceed one crore rupees and turnover does not exceed
five crore rupees;
(ii) a small enterprise, where the investment in Plant and Machinery or
Equipment does not exceed ten crore rupees and turnover does not exceed
fifty crore rupees;
(iii) a medium enterprise, where the investment in Plant and Machinery or
Equipment does not exceed fifty crore rupees and turnover does not exceed
two hundred and fifty crore rupees.
This notification shall come into effect from 01.07.2020.
An enterprise under section 2(e) of the MSMED Act 2006, 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
• Metallurgical industries
• Fuels
• Boilers and steam-generating plants
• Prime movers (other wan electrical generators)
• Electrical equipment
• Telecommunications
• Transportation
• Industrial machinery
• Machine tools:
• Agricultural machinery
• Earth-moving machinery
• Miscellaneous mechanical and engineering industries
• Commercial, office and household equipment
• Medical and surgical appliances
• Industrial instruments
• Scientific instruments
• Mathematical, surveying and drawing instruments
• Fertilizers
• Chemicals (other than fertilizers)
Vide Ministry of MSME Notification No. S.O. 1722(E) dated 5th October, 2006,
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 MSMED Act,
2006 namely:
i. equipment such as tools, jigs, dyes, moulds and spare parts for
maintenance and the cost of consumables stores;
ii. installation of plant and machinery;
iii. research and development equipment and pollution-controlled
equipment;
iv. power generation set and extra transformer installed by the enterprise
as per 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
The main steps involved in setting up a Micro, Small & Medium Enterprise are
as below:-
Project Selection
Arranging Finance
No business can function without finance. MSME could require the following
types of finance -
• Long and medium term loans;
• Short term or working capital requirements;
• Risk Capital;
• Seed Capital/ Marginal Money;
• Bridge loans etc.
Financial assistance in India for MSME units is available from a variety of
institutions. The important ones are:
(i) Commercial/Regional Rural/Co-operative Banks.
For loans from financial institutions and commercial banks a formal application
needs to be made. The details of documentation that need to be provided with
the loan application are indicated below:
However, the Ministry of Micro, Small and Medium Enterprises (MSME) has
notified the Udyog Aadhaar Memorandum(UAM) under the MSMED Act, 2006
vide gazette notification [SO No. 2576(E)] dated 18-09-2015 in order to
promote ease of doing business for MSMEs. Therefore, since September, 2015,
in view of promoting ease of business, an online filing system under Udyog
Aadhar Memorandum (UAM) based on self-declared information has been put
in place. This is a path breaking step to promote ease-of-doing-business for
MSMEs in India as the UAM replaces the filing of Entrepreneurs’ Memorandum
(EM part-I & II) with the respective States/UTs. The entrepreneurs in the
MSME sector just need to file online, a simple one page UAM on
http://udyogaadhaar.gov.in to instantly get a unique Udyog Aadhaar Number.
The information sought is on self-certification basis and no supporting
documents are required at the time of online filing of UAM.
Features of UAM
The salient features of Udyog Aadhaar memorandum are:
• Registration is online and user-friendly.
• UAM can be filed on self-declaration basis.
• No documentation required.
• No Fee for filing.
• File more than one Udyog Aadhaar with same Aadhaar Number.
Disclosure Requirements
The Act strengthens provisions relating to delayed payments to SME's by
specifying a maximum credit period and higher penal interest if delayed
beyond that period. Further, Section 32 of the Act repeals the provisions of
“Interest on Delayed payments to Small Scale and Ancillary Industrial
Undertakings Act, 1993” that was applicable to some of the enterprises
covered under this Act.
Table.1
NIC Activity
Code
2. The NIC 2-digit activity 01- crop, animal production, hunting and related
activities would also not be included as per Section 7 of the Act except for the
sub-classes of activities at 5-digit level given in Table 2.:
Table. 2
NIC Activity
Code
Where the buyer fails to make payment of the amount to the supplier, as
mentioned above, 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.
Which day will be taken as “appointed day” has been defined in section 2(b) of
the MSMED Act 2006 to mean the day following immediately after the expiry
of the period of 15 days from the day of acceptance or the day of deemed
acceptance of any goods or any services by a buyer from a supplier.
For any goods supplied or services rendered by the supplier, the buyer shall be
liable to pay the amount due with interest thereon as provided and if there is
any dispute with respect to the same, any party to the dispute may make a
reference to the Micro and Small Enterprises Facilitation Council (MSEFC)
established in various states by the State Governments, MSEFC of the State
after examining the case filed by MSE unit will issue directions to the buyer
unit for payment of due amount along with interest as per the provisions
under the MSMED Act 2006 and every reference made shall be decided within
a period of ninety days from the date of making such a reference.
Any Micro or small enterprise having valid Udyog Aadhar(UAM) can apply and
for ease of filing application to MSEFC, the Government has set up MSME
Samadhaan Portal
(https://samadhaan.msme.gov.in/MyMsme/MSEFC/MSEFC_Welcome.aspx
Condition 1: Company must have received Goods and/or Services from Micro
or Small Enterprise
Condition 2: Payment must have been due/not paid, to such Micro and Small
Enterprise for 46 days from the date of acceptance
Note: Date of deemed delivery refers to the acceptance of goods and services
by the buyer in written with no objection with the product or services received
within the 15 days time period.
Every specified company should file a return as per MSME Form I, by 31st
October for the period from April to September and by 30th April for the
period from October to March.
Interest paid to Micro and small enterprises on account of delayed payment is
not allowable as deduction from income
In the landmark case of Dy. CIT (LTU) Vs. Bosch Ltd. , the ITAT Bangalore
pronounced that the interest paid to the Micro, Small & Medium Enterprises
on account of delayed payment is not allowable as deduction from income.
Section 23 of MSMED Act has specifically provided that the interest paid to the
Micro, Small & Medium Enterprises on account of delayed payment is not
allowable as deduction from income.
Section 23 of MSMED Act has specifically prohibited the assessee from
claiming the deduction from the income on account of interest paid to MSME.
Section 24 is having overriding effect to the extent of any inconsistent
provisions contained in any other law for the time being. We further note that
as per the section 15 of the MSMED Act, the liability of the buyer to make the
payment to MSME within the period as agreed between the parties or in case
there is a delay beyond 45 days from the date of acceptance or date of
deemed acceptance the interest payable as per section 16 shall be three times
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of the bank rate notified by the RBI. Thus as per section 16 of the MSMED Act,
the payment of interest on delayed payment is in the nature of penalty or it is
penal interest. Therefore once the payment of interest on delayed payment to
MSME is regarded as a penal in nature then the said expenditure is otherwise
not allowable under section 37 of the Income Tax Act, 1961 (in short ‘the Act’).
Hence, in view of the specific provisions under MSMED Act, 2006 for payment
of interest to the MSME being penal in nature and having the overriding effect
of sections 15 to 23, we do not find any error or illegality in the orders of the
authorities below in disallowing this claim of interest paid to the MSME.
b. Service Enterprises
All bank loans to MSMEs, engaged in providing or rendering of services as
defined in terms of investment in equipment under MSMED Act, 2006, shall
qualify under priority sector without any credit cap.
To ensure that MSMEs do not remain small and medium units merely to
remain eligible for priority sector status, the MSME units shall continue to
enjoy the priority sector lending status up to three years after they grow out of
the MSME category concerned.
As the MSMED Act, 2006 does not provide for clubbing of investments of
different enterprises set up by same person / company for the purpose of
classification as Micro, Small and Medium enterprises, therefore, the Gazette
Notification No. S.O.2 (E) dated January 1, 1993 on clubbing of investments of
two or more enterprises under the same ownership for the purpose of
classification of industrial undertakings as SSI has been rescinded vide GOI
Notification No. S.O. 563 (E) dated February 27, 2009.
Domestic Commercial Banks and foreign banks with 20 branches and above
are required to achieve a sub-target of 7.5 percent of ANBC or Credit
Equivalent Amount of Off-Balance Sheet Exposure, whichever is higher, for
b. Collateral
Banks are mandated not to accept collateral security in the case of loans up to
Rs.10 lakh extended to units in the MSE sector. Banks are also advised to
extend collateral-free loans up to Rs. 10 lakh to all units financed under the
Prime Minister Employment Generation Programme (PMEGP) administered by
KVIC.
Banks may, on the basis of good track record and financial position of the MSE
units, increase the limit to dispense with the collateral requirement for loans
up to Rs.25 lakh (with the approval of the appropriate authority).
c. Composite loan
A composite loan limit of Rs.1 crore can be sanctioned by banks to enable the
MSE entrepreneurs to avail of their working capital and term loan requirement
through Single Window.
(ii) All commercial banks are also advised in terms of RBI circular
RPCD.SME&NFS.BC.No. 102/06.04.01/2008-09 dated May 4, 2009 to do the
following:
• put in place loan policies governing extension of credit facilities,
Restructuring/Rehabilitation policy for revival of potentially viable sick units /
enterprises (now read with guidelines on Framework for Revival and
Rehabilitation of Micro, Small and Medium Enterprises issued on March 17,
2016) and non- discretionary One Time Settlement scheme for recovery of
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non-performing loans for the MSE sector, with the approval of the Board of
Directors and
• give wide publicity to the One Time settlement scheme implemented by
them, by placing it on the bank’s website and through other possible modes of
dissemination. They may allow reasonable time to the borrowers to submit the
application and also make payment of the dues in order to extend the benefits
of the scheme to eligible borrowers.
• implement recommendations with regard to timely and adequate flow
of credit to the MSE sector.
The revival and rehabilitation of MSME units having loan limits up to Rs.25
crore would be undertaken under this Framework. The revised Framework
supersedes the earlier Guidelines on Rehabilitation of Sick Micro and Small
Enterprises issued vide RBI circular RPCD.CO.MSME& NFS.BC.
40/06.02.31/2012-2013 dated November 1, 2012, except those relating to
Reliefs and Concessions for Rehabilitation of Potentially Viable Units and One
Time Settlement, mentioned in the said circular.
i. Structured Mechanism for monitoring the credit growth to the MSE sector
In view of the concerns emerging from the deceleration in credit growth to the
MSE sector, an Indian Banking Association (IBA)-led Sub-Committee was set up
to suggest a structured mechanism to be put in place by banks to monitor the
entire gamut of credit related issues pertaining to the sector.
Based on the recommendations of the Committee, banks are advised to:
• strengthen their existing systems of monitoring credit growth to the
sector and put in place a system-driven comprehensive performance
management information system (MIS) at every supervisory level (branch,
region, zone, head office) which should be critically evaluated on a regular
basis;
• put in place a system of e-tracking of MSE loan applications and monitor
the loan application disposal process in banks, giving branch-wise, region-wise,
zone-wise and State-wise positions. The position in this regard is to be
displayed by banks on their websites; and
• monitor timely rehabilitation of sick MSE units. The progress in
rehabilitation of sick MSE units is to be made available on the website of
banks.
Institutional arrangements
Public sector banks are advised to open at least one specialised branch in each
district. Further, banks have been permitted to categorise their general
banking branches having 60% or more of their advances to MSME sector as
specialized MSME branches in order to encourage them to open more
specialised MSME branches for providing better service to this sector as a
whole. As per the policy package announced by the Government of India for
stepping up credit to MSME sector, the public sector banks would ensure
specialized MSME branches in identified clusters/centres with preponderance
of small enterprises to enable the entrepreneurs to have easy access to the
bank credit and to equip bank personnel to develop requisite expertise.
Though their core competence will be utilized for extending finance and other
services to MSME sector, they will have operational flexibility to extend
finance/render other services to other sectors/borrowers. Banks may take care
to train the officials posted in such branches appropriately.
6. Cluster Approach
All State Level Bankers' Committee (SLBC) Convenor banks are advised to
incorporate in their Annual Credit Plans, the credit requirement in the clusters
identified by the Ministry of Micro, Small and Medium Enterprises,
Government of India. They are also encouraged to extend banking services in
such clusters / agglomerations which have come up and identified
subsequently by SLBC / DCC members.
The Ministry of Micro, Small and Medium Enterprises has approved a list of
clusters under the Scheme of Fund for Regeneration of Traditional Industries
(SFURTI) and Micro and Small Enterprises Cluster Development Programme
(MSE-CDP) located in 121 Minority Concentration Districts. Accordingly,
appropriate measures have been taken to improve the credit flow to the
identified clusters of micro and small entrepreneurs from the Minority
Communities residing in the minority concentrated districts of the country.
7. Delayed Payment
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In the Micro, Small and Medium Enterprises Development (MSMED), Act 2006,
the provisions of the Interest on Delayed Payment Act, 1998 to Small Scale and
Ancillary Industrial Undertakings, have been strengthened as under:
(i) The buyer has to make payment to the supplier on or before the date
agreed upon between him and the supplier in writing or, in case of no
agreement, before the appointed day. The period agreed upon between the
supplier and the buyer shall not exceed forty five days from the date of
acceptance or the day of deemed acceptance.
(ii) In case the buyer fails to make payment of the amount to the supplier, he
shall be liable to pay compound interest with monthly rests to the supplier on
the amount from the appointed day or, on the date agreed on, at three times
of the Bank Rate notified by Reserve Bank.
(iii) For any goods supplied or services rendered by the supplier, the buyer shall
be liable to pay the interest as advised at (ii) above.
(iv) In case of dispute with regard to any amount due, a reference shall be
made to the Micro and Small Enterprises Facilitation Council, constituted by
the respective State Government.
Further, banks are advised to fix sub-limits within the overall working capital
limits to the large borrowers specifically for meeting the payment obligation in
respect of purchases from MSMEs.
DEVELOPMENT AND ADMINISTRATION OF MSMEs
The administration of the MSME sector falls under the Ministry of Micro, Small
and Medium Enterprises of the Government of India. Implementation of
policies and various programmes schemes for providing infrastructure and
support services to MSME's is undertaken through its attached office, namely
the Office of the Development Commissioner, National Small Industries
Corporation (NSIC), Khadi and Village Industries Commission (KVIC); the Coir
Board, and three training institutes viz., National Institute for Entrepreneurship
and Small Business Development (NIESBUD), NOIDA, National Institute for
Micro, Small and Medium Enterprises (NI-MSME), Hyderabad, Indian Institute
of Entrepreneurship (lIE), Guwahati and Mahatma Gandhi Institute for Rural
Industrialization (MGIRI), Wardha a society registered under Societies
Registration Act, 1860.
The Khadi & Village Industries Commission (KVIC), established under the Khadi
and Village Industries Commission Act, 1956, is a statutory organization
engaged in promoting and developing khadi and village industries for providing
employment opportunities in rural areas, thereby strengthening the rural
economy.
The Coir Board is a statutory body established under the Coir Board Industry
Act, 1953 for promoting overall development of the coir industry and
improving the living conditions of the workers engaged in this traditional
industry.
The National Board for Micro, Small and Medium Enterprises (NBMSME) was
established by the Government under the Micro, Small and Medium
Enterprises Development Act, 2006 and Rules made thereunder. It examines
the factors affecting promotion and development of MSME, reviews existing
policies and programmes and make recommendations to the Government in
formulating the policies and programmes for the growth of MSME.
The Ministry has two divisions called Small & Medium Enterprises (SME)
Division and Agro & Rural Industry (ARI) Division. The SME Division is allocated
the work, inter- alia, of administration, vigilance and administrative supervision
of the National Small Industries Corporation (NSIC) Ltd., a public sector
enterprise and the three autonomous national level entrepreneurship
development/training originations and is also responsible for implementation
of the schemes relating to Performance and Credit Rating and Assistance to
Training Institution, among others. The ARI Division looks after the
administration of two statutory bodies viz. the Khadi and Village Industries
Commission (KVIC), Coir Board and a newly created organization called
Mahatma Gandhi Institute for Rural Industrialization (MGIRI). It also supervises
the implementation of the Prime Minister's Employment Generation
Programme (PMEGP).
Chapter 9
APPLICABILITY OF VARIOUS LAWS TO MICRO, SMALL AND MEDIUM
ENTERPRISES
The Following categories of Laws amongst others are applicable to MSME
sector
o Fiscal Laws
o Foreign Exchange Laws
o Foreign Trade Laws
o Labour & Industrial Laws
o Environmental and Safety Laws
o Laws applicable to various forms of Business organisation
o Intellectual Property Laws
o Competition Law
o Banking & Financial Institutions Laws
o Industry Specific Laws
The Ministry of MSME has so far entered into 19 long term agreements,
Memorandum of Understanding/Joint Action Plan for cooperation in MSME
sector with foreign countries. During 2014-2018, the Ministry has signed two
MoUs at Government to Government level with Sweden (2015) and United
Arab Emirates (2017).
In addition to the above, National Small Industries Corporation (NSIC) has also
signed MoUs during 2014 to 2018 with counterpart organizations from
Botswana, South Africa, Tanzania, Malaysia, South Korea for cooperation in
MSME sector. NSIC has also established Vocational Training Centres/Rapid
Incubation Centres under India Africa Forum Summit (IAFS-I) in seven countries
namely: Burundi, Burkina Faso, Egypt, Ethiopia, Rwanda, Gambia and
Zimbabwe.
(i) Create new jobs and reduce unemployment (ii) Promote entrepreneurship
culture in India (iii) Boost Grassroots economic development at district level
(iv) Facilitate innovative business solution for un-met social needs, and (v)
Promote innovation to further strengthen the competitiveness of the MSME
sector
NSIC/KVIC or Coir Board or any GoI or State Government agency to set up 80
Livelihood Business Incubators for the period 2014 to 2016. The objectives are:
Promotion of Innovation, Entrepreneurship and Agro-Industry organisation of
the M/o MSME, and one-time grant of 100% of cost of Plant & Machinery
other than the land and infrastructure, or an amount up to Rs 100 lakhs,
whichever is less is to be provided In case of incubation centres to be set up
under PPP mode with NSIC, KVIC or Coir Board or any other Institution/agency
of GoI/State Government, one- time grant of 50% of cost of Plant & Machinery,
other than the land and infrastructure, or Rs 50.00 lakhs, whichever is less is to
be provided.
The Procurement and Marketing support Scheme would cover the following
activities:
• To encourage Micro and Small Enterprises (MSEs) to develop domestic
markets and promotion of new market access initiatives.
• To facilitate market linkages for effective implementation of Public
Procurement Policy for MSEs Order of 2012.
• To educate MSMEs on various facets of business development.
• To create an overall awareness about trade fairs, latest market technique
and other such related topics etc.
Skilled Manpower
India has a large capital of human resources. There is tremendous opportunity
in the MSME sector for skilled manpower. Skill development and training of
existing workers and entrepreneurs is necessary for enhancing managerial
capabilities, brand building capacity and developing new marketing channels.
Chapter 13
Start-Up initiative
Startups are becoming very popular in India. In order to develop Indian
economy and attract talented entrepreneurs, the Government of India, has
started and promoted Startup India initiative to recognize and promote
startups.
The broad scope of Startup India’s programs is managed by a dedicated
Startup India Team, which reports to the Department for Industrial Policy and
Promotion (DPIIT). The 19-Point Action Plan envisages the following forms of
support for Startups, and more:
• Enhanced infrastructure including incubation centres
• Easier IPR facilitation, including easier patent filing
Chapter 14
STARTUP under the Ministry of Commerce and industry (Department for
Promotion of Industry and Internal Trade)
The Ministry of Commerce and industry (Department for Promotion of Industry
and Internal Trade) issued a notification on the 19th February, 2019 G.S.R.
127(E). This notification superseded the Gazette Notification No. G.S.R. 364(E)
dated April 11, 2018 as modified vide Gazette Notification No. G.S.R. 34 (E)
dated January 16, 2019. The Notification defines the term startup as:
An entity shall be considered as a Startup:
Ineligible Entities
A proprietorship firm
A public limited company
Entity formed by splitting up or reconstruction of a business already in
existence.
Turnover
Turnover, shall be as defined under section 2(91) of the Companies Act, 2013
which means “the aggregate value of the realisation of amount made from the
sale, supply or distribution of goods or on account of services rendered, or
both, by the company during a financial year.”
Recognition
A startup may apply to the DPIIT to get a recognition as “Startup entity which
fulfils all the criteria as a startup shall be as under: —
(i) A Startup can make an online application over the mobile app or portal set
up by the DPIIT.
(ii) The application should be accompanied by—
(a) a copy of Certificate of Incorporation or Registration, as the case may be,
and
(b) a write-up about the nature of business highlighting how it is working
towards
innovation, development or improvement of products or processes or services,
or its scalability in terms of employment generation or wealth creation.
The DPIIT may, call for such documents or information and making such
enquires, as it may deem fit. After obtaining all the information it may either
Not only new companies, even an existing entity that meets the criteria as
indicated above, can register itself as a “Startup” on the Startup India Portal
and Mobile App and get itself recognized for various benefits.
4.Tax Exemption for the purpose of clause (viib) of sub-section (2) of section 56
of the Act
A Startup shall be eligible for notification under clause (ii) of the proviso to
clause (viib) of sub-section (2) of section 56 of the Act and consequent
exemption from the provisions of that clause, if it fulfils the following
conditions:
(i) it has been recognised by DPIIT
(ii) aggregate amount of paid up share capital and share premium of
the startup after issue or proposed issue of share, if any, does not
exceed, twenty five crore rupees:
Provided that in computing the aggregate amount of paid up share
capital, the amount of paid up share capital and share premium of
twenty-five crore rupees in respect of shares issued to any of the
following persons shall not be included─
(a) a non-resident; or
(b) a venture capital company or a venture capital fund;
Provided further that considerations received by such startup for shares
issued or proposed to be issued to a specified company shall also be
exempt and shall not be included in computing the aggregate amount of
paid up share capital and share premium of twenty-five crore rupees.
iii) It has not invested in any of the following assets, ─
(a) building or land appurtenant thereto, being a residential house, other
than that used by the Startup for the purposes of renting or held by it as
stock-in-trade, in the ordinary course of business;
Chapter 15
REGISTRATION OF START UP
Step 1: Incorporate your business
2.The Industrial Relations Code 2019(bill): The Industrial relations code bill
2019 was introduced in Lok Sabha on 28th November 2019. It was referred to
the standing committee on 24th December 2019. The standing committee
submitted its report on 23rd April 2020. The Bill consolidates essential elements
of three laws—
1. The Trade Unions Act, 1926,
2. The Industrial Employment (Standing Orders) Act, 1946, and
3. The Industrial Disputes Act, 1947
The Social Security Code 2019 (bill): The Code on Social Security was
introduced in the Lok Sabha on 11th December 2019. It was referred to the
standing committee on 24th December 2019. The Proposed Code on Social
Security will subsume eight Central Labour Acts namely
1. The Employees ‘Provident Funds and Miscellaneous Provisions Act, 1952;
2. The Employees ‘State Insurance Act, 1948;
3. The Payment of Gratuity Act, 1972;
4. The Employees ‘Compensation Act, 1923;
5. The Maternity Benefit Act, 1961;
6. The Cine Workers Welfare Fund Act, 1981;
7. The Building and Other Construction Workers Cess Act, 1996;
8. The Unorganized Workers ‘Social Security Act, 2008.
The Occupational Safety, health and Working conditions Code 2019(bill): It was
introduced in Lok Sabha on 23rd July 2019. It was referred to the standing
committee on 9th oct 2019. The standing committee has given its report on 11th
February 2020.The cabinet note for withdrawal of the OSH code 2019 and
introduction of the OSH code 2020 has been sent to the cabinet Secretariat on
13th April 2020. It subsumes and replaces 13 labour laws relating to safety,
health and working conditions. These laws include:
1. The Factories Act, 1948;
2. The Mines Act, 1952;
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3. The Dock Workers (Safety, Health and Welfare) Act, 1986;
4. The Building and Other Construction Workers (Regulation of Employment
and Conditions of Service) Act, 1996;
5.The Plantations Labour Act, 1951;
6. The Contract Labour (Regulation and Abolition) Act, 1970;
7. The Inter-State Migrant workmen (Regulation of Employment and
Conditions of Service) Act, 1979;
8. The Working Journalist and other News Paper Employees (Conditions of
Service and Miscellaneous Provision) Act, 1955;
9.The Working Journalist (Fixation of rates of wages) Act, 1958;
10. The Motor Transport Workers Act, 1961;
11.The Sales Promotion Employees (Conditions of Service) Act, 1976;
12.The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
13. The Cine Workers and Cinema Theatre Workers Act, 1981.
Among the four codes, the Code on Wages 2019, is being passed and
converted into an act. Other Code bills have not yet been passed by the both
houses of parliament. Although the code on wages, 2019 is an act now it is yet
to be effective. Therefore, till the time the codes are made effective the
existing laws are to be complied by the businesses.
The following laws were not merged under any code
1. The Working Journalists and Other Newspapers Employees (Conditions of
Service) and Miscellaneous Provisions Act, 1955
2. The Working Journalists (Fixation of rates of Wages) Act, 1958
3. The Employment Exchange (Compulsory Notification of Vacancies) Act,
1959
4. The Motor Transport Workers Act, 1961
5. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
6. The Bonded Labour System (Abolition) Act, 1976
7. The Sales Promotion Employees (Conditions of Service) Act, 1976
8. The Bonded Labour System (Abolition) Act, 1976
Introduction
CA (Dr.) Adukia left no stone unturned during his career span expanding to
more than 37 years. He is chairman of Meridian Business Consultants
Private Limited. The company is involved in providing A to Z services
required by any business. CA (Dr.) Adukia is a legendary example of
seeking ways to explore new areas of business and profession. He is a
pioneer of many areas of practice which were never thought before by
professionals. His mantra is to provide services to clients that help them in
building better and sustainable businesses. He is a knowledge seeker and
believes that knowledge needs to be ingrained and used for the benefit of
society at large. He strongly believes that professionals have to go beyond
the traditional areas of practice like audit and direct and indirect taxation.
Taxation
Real Estate
Criminal Laws
Charitable Organizations
Forensic Services
Telecommunication
Information Technology
Infrastructure Projects
Insurance Law
Cooperative Sector
Environment Law
Education
Having graduated from Sydenham College of Commerce & Economics in
1980 as 5th rank holder in Bombay University and he has also received a
Gold Medal for highest marks in Accountancy & Auditing. He cleared the
Chartered Accountancy Examination with 1st Rank in Intermediate and 6th
Rank in Final. He also secured 3rd Rank in the Final Cost Accountancy
Course. He has been awarded G.P. Kapadia prize for best student of the year
1981. He also holds a Degree in law, PhD in Corporate Governance in
Mutual Funds, MBA, Diploma in IFRS (UK), and Diploma in Labour law and
Labour welfare, Diploma in IPR, Diploma in Criminology.
He has done Master in Business Finance, a one-year post
qualification course by ICAI. He has also done Certificate Courses
conducted by ICAI on
Professional Service
CA (Dr.). Adukia’s service and contribution to the profession
Chairman of WIRC of ICAI in 1997-98
International Member of Professional Accountants in Business
Committee (PAIB) of International Federation of Accountants
(IFAC)from 2001 to 2004
Member of Inspection Panel of Reserve Bank of India
Member of J.J. Irani committee (which drafted Companies Bill 2008)
Member of Secretarial Standards Board of ICSI
Member of Working Group of Competition Commission of India,
National Housing Bank, NABARD, RBI, CBI etc.
Independent Director of Mutual Fund Company and Asset
Management Company.
Worked closely with the Ministry of Corporate Affairs on the drafting
of various enactments.
Served as Independent Director of SBI Funds Management Private
limited and Bank of India asset management co. ltd
Served as Independent director at ICAI accounting research
foundation section 8 company
Actively involved with ICAI as a Central Council Member during the
period when the convergence to IFRS was conceptualized in India
and has been instrumental in materializing the idea.
Address to Insolvency and Bankruptcy Board of India
Address to Institute of Chartered Accountants of India
Address to Institute of Company Secretaries of India
Address to Institute of Cost Accountants of India
Address to Chamber of Indian Micro Small & Medium Enterprises
Speaker in IIA’s 2013 International Conference in Orlando on
Green Audit.
Faculty at Indian Institute of Corporate Affairs for courses on
Insolvency Laws and Corporate laws.
2. Strike Gold
4. Self-Empowerment
5. Genius is Universal
9. Time management
CA (Dr.) Adukia is very passionate about learning new things and believes
self-improvement is a permanent process. His zeal is infectious to any
person who meets him either for professional growth advise, business
growth advise or for personal growth advise. CA (Dr.) Adukia has given
solutions of growth to everyone.
He has done courses on:
Winner
Time management
Stress management
Alternative therapy
Art of living
Reiki