Adv. Gaurav Srivastava
9811312468, 8527445968
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Notification
No. S.O. 5621(E) on dated 2nd November, 2018
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In exercise of powers conferred
by section 9* of the Micro, Small and Medium Enterprises Development Act,
2006, the central government issues the following instructions that ALL
COMPANIES REGISTERED WITH THE COMPANIES ACT, 2013 WITH A TURNOVER OF MORE
THAN RS. 500 CRORE (RUPEES FIVE HUNDRED CRORE) AND ALL CENTRAL PUBLIC SECTOR
ENTERPRISES shall be
required to get themselves onboarded on the TRADE RECEIVABLES DISCOUNTING SYSTEM PLATFORM, set up as per the
notification of the Reserve Bank of India. The Registrar of Companies in each State shall be the competent
authority to monitor the compliance of these instructions by companies under
its jurisdiction and the Department of
Public Enterprises, Government of
India shall be the competent authority to monitor the compliance of such
instructions by Central Public Sector Enterprises.
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* Section 9: Measures for promotion and development.-
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The Central Government may, from time to time, for the purposes
of facilitating the promotion and development and enhancing the
competitiveness of micro, small and medium enterprises, particularly of the micro and
small enterprises, by way of development of skill in the employees,
management and entrepreneurs, provisioning for technological upgradation
marketing assistance or infrastructure facilities and cluster development of
such enterprises with a view to strengthening backward and forward linkages,
specify, by notification, such programmes, guidelines or instructions, as it
may deem fit.
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Notification
no. S.O. 5622 (E) on 22nd January, 2019
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The
Central Government has directed that ALL COMPANIES, who get SUPPLIES OF GOODS
OR SERVICES from MICRO and SMALL enterprises
and whose payments to MICRO and SMALL ENTERPRISES SUPPLIERS exceeds 45 days
from the DATE OF ACCEPTANCE or the DATE OF DEEMED ACCEPTANCE of the goods or
services as per the provisions of section 9 of the Micro, Small and Medium Enterprises
Development Act, 2006 (hereafter referred to as "Specified
Companies"), shall submit a half yearly return to the Ministry of
Corporate Affairs stating the following:
(a) the amount of payment due; and
(b)
the reasons of the delay;
The Central Government in exercise of its power given under section
405 of the Companies Act, 2013, considers it necessary to require “specified
Companies” to furnish above information under said section of the Act and for
which makes the following Order named the Specified Companies (Furnishing of
information about payment to micro and small enterprise suppliers) Order,
2019. This order shall come into force from the date of its publication in
the official Gazette.
1. Every specified company shall file in MSME Form I details of all outstanding dues to Micro or small
enterprises suppliers existing on the date of notification of this order
within 30 days from the date of publication of this notification.
2. Every specified company shall file a return as per MSME Form I annexed
to this Order, by 31st October for the period from April to September and by
30th April for the period from October to March.
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Section 7 in The Micro, Small and Medium Enterprises Development
Act, 2006
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Classification
of enterprises.—
(1) Notwithstanding anything contained in section 11B of the
Industries (Development and Regulation) Act, 1951 (65 of 1951), the Central
Government may, for the purposes of this Act, by notification and having
regard to the provisions of sub-sections (4) and (5), classify any class or
classes of enterprises, whether proprietorship, Hindu undivided family,
association of persons, co-operative society, partnership firm, company or
undertaking, by whatever name called,—
(a) in the case of the enterprises engaged in the manufacture
or production of goods pertaining to any industry specified in the First
Schedule to the Industries (Development and Regulation) Act, 1951 (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;
(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;
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Section 2(n) in The Micro, Small and Medium Enterprises
Development Act, 2006
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“supplier”
means a micro or small enterprise, which has filed a memorandum* with the
authority referred to in sub-section (1) of section 8, and includes,—
(i) the National Small Industries Corporation, being a
company, registered under the Companies Act, 1956 (1 of 1956);
(ii) the Small Industries Development Corporation of a State or
a Union territory, by whatever name called, being a company registered under
the Companies Act, 1956 (1 of 1956);
(iii) any company, co-operative society, trust or a body, by
whatever name called, registered or constituted under any law for the time
being in force and engaged in selling goods produced by micro or small
enterprises and rendering services which are provided by such enterprises;
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*MEMORANDUM Is To Be Filed With The District Industries Centre*,
By A Micro, Small Or Medium Enterprise, As The Case May Be, Under Sub-Section
(1) Of Section 8 Of The Micro, Small & Medium Enterprises Development (MSMED) ACT,
2006.
Ø Three copies of memorandum for micro and
small enterprises should be filed
Ø There is no fee for processing the memorandum
Ø Existing Unit should fill up only Part II of
the Memorandum.
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Section 8 in The Micro, Small and Medium Enterprises Development
Act, 2006
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Memorandum of
micro, small and medium enterprises.—
(1) Any person who intends to establish,—
(a) a micro or small enterprise, may, at his discretion, or
(b) a medium enterprise engaged in providing or rendering of
services may, at his discretion; or
(c) a medium enterprise 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), shall file the memorandum of micro, small or, as the case may be, of medium
enterprise with such authority as may be specified by the State Government
under sub-section (4) or the Central Government under sub-section (3):
Provided that
any person who, before the commencement of this Act, 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.
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The form e-CODS is now available with MCA. Click on this link: http://www.mca.gov.in/MinistryV2/companyformsdownload.html Procedure to be followed for the purposes of the scheme:- (1) In the case of defaulting companies whose names have not been removed from register of companies, (Meaning thereby this scheme is applicable to ACTIVE COMPANIES ONLY)- i) The DINs of the disqualified directors de-activated at present shall be temporarily activated during the validity of the scheme to enable them to file the overdue documents. ii) The defaulting company shall file the overdue documents in the respective prescribed eForms paying the statutory filing fee and additional fee payable as per section 403 of the Act read with Companies (Registration Offices and fee) Rules, 2014 for filing these overdue documents. iii) The defaulting company after filing documents under this scheme, shall seek condonation of delay by filing form e-CODS 2018 attached to this scheme...
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