Micro, small and medium enterprises development act, 2006 (msmed act, 2006) (1)

Micro, Small and Medium Enterprises Development Act, 2006
(MSMED ACT, 2006)
Q. 1 What is The Micro, Small and Medium Enterprises Development Act, 2006?
☞ This is an act for facilitating the promotion and development and enhancing the
competitiveness of micro, small and medium enterprises and for matters connected therewith or
incidental thereto.
The Act was published in gazette of India on June 16, 2006. However, it came into force from
2nd
October 2006, the birth-date of the father of the nation.
Q. 2 What is a Micro, Small and Medium Enterprise?
☞ An 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, (IDR
Act, 1951) is said to be :
(a) a micro enterprise, where the investment in Plant and Machinery does not exceed Rs.25
lakhs;
(b) a small enterprise, where the investment in Plant and Machinery is more than Rs.25
lakhs but does not exceed Rs.5 crore;
(c) a medium enterprise, where investment in Plant and Machinery is more than Rs.5 crore
but does not exceed Rs.10 crores.
Note : The limit for small scale industry has increased from Rs.1 crore to Rs.5 crore.
An enterprise, engaged in providing or rendering of services is said to be :
(a) a micro enterprise, where the investment in equipment does not exceed Rs.10 lakhs;
(b) a small enterprise, where the investment in equipment is more than Rs.10 lakhs but
does not exceed Rs.2 crore;
(c) a medium enterprise, where the investment in equipment is more than Rs.2 crore but
does not exceed Rs.5 crore.
An enterprise for above purpose may be a proprietorship, partnership firm, hindu undivided
family, association of persons, co-operative society, company or undertaking, by whatever
name called.
Q. 3 How are the above limits to be computed? Are there any exclusion in computing the
above limits?
☞ As per Ministry of Small Scale Industries notification dated 5th
October, 2006, the investment in
Plant and Machinery referred to in respective limits is the original price, irrespective of
whether the Plant and Machinery are new or second hand. In respect of imported machinery,
the following is to be included in calculating the value :
(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.

Further, as per the said notification, the following are excluded while calculating the investment
in Plant and Machinery :
(i) equipments such as tools, jigs, dies, moulds and spare parts for maintenance and the
cost of consumable stores;
(ii) installation expenditure for 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.
Further, investment in Land, Building, Vehicles, Furniture and Fixtures, Office Equipments etc.
shall not be considered in determining the threshold limits of Plant and Machinery or Equipment
as the case may be.
Q. 4 What measures the Government contemplates for promotion, development and
enhancement of competitiveness of micro, small and medium enterprises?
☞ The Government, through the M S M E D ACT, 2006, have, specified the following objectives for
small, micro and medium enterprises, more particularly for small and micro enterprises :
(a) hold such programmes, provide guidelines or instructions to micro, small and medium
enterprises for development of skills in the employees, management and entrepreneurs;
provisioning for technological upgradation; providing marketing assistance or
infrastructure facilities.
(b) issue guidelines or instructions from time to time for smooth flow of credit to such
enterprises, minimise the incidence of sickness among and enhance the
competitiveness of such enterprises.
(c) Central or State government to notify from time to time, preference policies in respect of
procurement of goods and services, produced or provided by micro and small
enterprises.
(d) the Central government shall constitute Fund or provide grants for purposes mentioned
in (a) above.

Q. 5 Is registration of a micro, small or medium enterprise necessary under the M S M E D
ACT, 2006 and if yes, with whom?
☞ As per section 8(1) of the Act, registration of micro or small enterprise (both manufacturing and
rendering of services) or a medium enterprise engaged in providing or rendering of services is
optional. However, a medium enterprise engaged in manufacture or production of goods
pertaining to any industry specified in the First Schedule to the IDR Act, 1951 is required to file
the memorandum with the General Manger, 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 union territory administration.
The Act, further provides any enterprise established before this Act came to force i.e. enterprise
pre-existing before 2nd
October 2006 :
(a) in case of a registered small scale industry filing of memorandum is optional;
(b) in case of an industry engaged in manufacture or production of goods pertaining to
industry specified in the First Schedule to IDR Act, 1951 having investment in Plant and
Machinery more than Rs.1 crore but not exceeding Rs.10 crores, shall within 180 days
i.e. by 31st
March 2007 file an Industrial Entrepreneurs’ Memorandum.
Note : Prior to the MSMED Act, 2006, concept of Micro or Medium enterprise did not exist.
Only concept of SSI was there.
Ministry of Small Scale Industries has on 30th
September 2006, notified the Entrepreneurs
Memorandum for setting up Micro, Small or Medium Enterprise. New units have to fill up Part I,
whereas existing units /new units commencing production have to fill up Part II of the
memorandum. The same is to be filed with District Industries Centre of its area. The District
Industries Centre shall within five days of receipt of the form of memorandum issue an
acknowledgement after allotting an Entrepreneurs Memorandum Number.
Q. 6 What is the advantage / benefit of filing / registering a micro or small enterprise with the
state government?
☞ Apart from getting other benefits, if a micro or small enterprise has filed a memorandum with
District Industries Centre (DIC) of its area, then it stands to gain as to timely payment in respect
of supply of goods or rendering of services to any buyer.
It must be noted that with the enactment of MSMED Act, 2006. The Interest on Delayed
Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 is repealed, with
effect from October 2, 2006.
As per this Act, if the buyer has purchased goods or availed services from micro or small
enterprise, which has filed a memorandum with the authority, than the buyer shall make
payment on or before the date agreed upon between him and the supplier in writing. If no
agreement is there in writing then within a period of 15 days (30 days were mentioned in the
repealed Act) from the day the goods are delivered or services are rendered. The Act further
stipulates that even if the period between the buyer and supplier is agreed in writing, such
period shall not exceed 45 days (120 days were mentioned in the repealed Act) from the day of
delivery of goods or rendering of services. In short, any credit term from a micro or small
enterprise stipulating payment terms beyond 45 days, shall be in violation of the MSMED Act,
2006.
Q. 7 If the buyer fails to pay the amount to the supplier, what is buyer’s liability?
☞ If the buyer fails to make payment of the amount to the supplier as required under terms and
conditions of supply, (but not later than 45 days) than the buyer is liable to pay compounded
interest with monthly rests from the date falling after due date, at three times of the bank rate
notified by the Reserve Bank. At present the bank rate is 6%, meaning thereby buyer has to
pay interest at the rate of 18% to the supplier, to be compounded on a monthly basis.

Q. 8 What is the recourse to the supplier if buyer does not pay interest?
☞ The buyer can make a reference to the Micro and Small Enterprises Facilitation Council. Such
council or councils shall be set up by the state government, having not less than three but not
more than five members. The constitution of council shall be director of industries as its
chairman; representatives of association of micro or small industry in the state; representatives
of banks and financial institutions lending to micro or small enterprises and persons having
special knowledge in the field of industry, finance, law, trade or commerce.
The council shall first try for conciliation. If conciliation is not successful than council shall either
itself take up the dispute for arbitration or refer it to any institution or centre providing alternate
dispute resolution services and the provisions of the Arbitration and Conciliation Act, 1996 shall
apply.
Every reference made under MSMDED Act, 2006 shall be decided within a period of 90 days.
The buyer to the dispute can be located anywhere in India. Only the supplier’s jurisdiction is to
be seen.
If the buyer does not accept the decree or award of the council or of the arbitrator, no court
shall entertain the buyer’s application, unless 75% of the amount in terms of decree or award is
deposited by the buyer.
Q. 9 Is the interest paid by the buyer to the supplier under the provisions of MSMED Act,
2006, allowable as a deductible item under the Income-tax Act, 1961?
☞ As per section 23 of the Act, amount of interest paid or payable by buyer in accordance with the
provisions of MSMED Act, 2006, shall not be allowable as a deductible expenditure under the
Income-Tax Act, 1961. Central Board of Direct Taxes (CBDT) has already issued instruction
no.12/2006 dated 14-12-2006, to bring the provisions of this Act, to the notice of all assessing
officers, for effective implementation. Similar provision also existed in case of now repealed
‘The Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act,
1993’.
Q. 10 Does it mean that the Act even applies to a buyer, who is a Micro or Small or a Medium
enterprise?
☞ Yes, the Act would apply to a buyer, (even if it is a trading, investment or service enterprise)
who is a micro or a small enterprise, and buys from a “Supplier” (can be a micro or small
manufacturer / producer or a micro or small service provider) who has filed the memorandum
with the district industries centre of its area.
Q. 11 From a standpoint of buyer, what would a supplier include under the provisions of
MSMED Act, 2006?
☞ Sub-section (n) of section 2 of the Act, defines a supplier. As per the definition, supplier means
a micro or small enterprise, which has filed a memorandum with the district Industries centre of
its area.
Further, supplier will also include the following :
(i) the National Small Industries Corporation Ltd.;
(ii) a company under the Small Industries Development Corporation of a state or a Union
territory.
(iii) any company, co-operative society, society, trust or body, engaged in selling goods
produced by micro or small enterprises and rendering services which are provided by
such enterprises.

Thus, a supplier would not only be a micro or small enterprise engaged in manufacture or
production but also one which is engaged in providing or rendering of services. Further, certain
other national or state enterprises and other enterprises engaged in selling goods produced by
micro or small enterprises and rendering services, which are provided by such enterprises shall
also be covered.
Q. 12 Are any disclosures required to be made in the audited financial statements, of the
“buyer”?
☞ As per section 22 of the MSMED ACT, 2006, the buyer in its audited annual statements is
required to furnish the following additional information :
(a) the principal amount and the interest due thereon (to be shown separately) remaining
unpaid to any supplier as at the end of accounting year;
(b) the amount of interest paid by the buyer under MSMED Act, 2006 along with the
amounts of the payment made to the supplier beyond the due date during each
accounting year;
(c) the amount of interest due and payable for the period (where the principal has been
paid but interest under the MSMED Act, 2006 not paid);
(d) The amount of interest accrued and remaining unpaid at the end of accounting year;
and
(e) The amount of further interest due and payable even in the succeeding year, until such
date when the interest dues as above are actually paid to the small enterprise, for the
purpose of disallowance as a deductible expenditure under section 23.
As will be seen from above, considerable disclosure requirements are to be made in respect of
amount payable, or not paid to micro and small enterprises.
A question that then arises is how to ascertain which supplier is a micro or small enterprise.
This is an uphill task. As per the provisions of the MSMED Act, 2006, only those micro or small
enterprises shall be eligible for interest for delayed payments, which have filed a memorandum
with the authority. Thus, every buyer will have to take not only in writing from the supplier that it
is a supplier falling under the category of micro or small enterprise as defined under MSMED
Act, 2006 but also collect documentary evidence of getting itself registered with the prescribed
state authority. The task seems to be a continuous, warranting extra efforts on part of each
“buyer”.
Q. 13 Are there any fines / penalties if the provisions of MSMED Act, 2006 are not complied
with?
☞ Section 27, of the MSMED Act, 2006 deals with fines/ penalties :
Where a person intentionally contravenes or attempts to contravene or abets the contravention
of the followings :
(a) where person fails, to file memorandum, as required under section 8 of the MSMED
Act, 2006.
(b) fails to furnish such information as called by an officer appointed under section 26(1) of
the MSMED Act, 2006.
In case of first conviction, the fine may extend up to Rs.1,000 and in case of second and
subsequent conviction, fine shall not be less than Rs.1,000 and can extend up to
Rs.10,000.
(c) where a buyer contravenes the provisions of section 22 of the Act, 2006 i.e. fails to
furnish additional information in the financial statements. The fine is heavy and sub-
section (2) of section 27 states the fine shall not be less than Rs.10,000. Thus, a
minimum fine of Rs.10,000, can go up to what amount is anybody’s guess.

Q. 14 What is the disclosure requirements to be made in financial statements, for year ending
31st
March 2007, in view of anomalies or non-availability of data?
☞ Schedule VI, part I, of the Companies Act, 1956, at present requires, the following to be
disclosed under “Sunday creditors”. Total outstanding dues of small scale industrial
undertakings. Further, the names of small scale industrial undertakings to whom the company
owe any sum together with interest outstanding for more than thirty days are to be disclosed.
On top of above, the disclosure as required under section 22 of the MSMED Act, 2006 is also to
be made. However, for the year ending 31st
march 2007, data may not be available (not filed)
with the companies by micro and small enterprises suppliers who have filed the memorandum
with state government. Under such circumstances, disclosure by way of following note can be
made in “Notes to the accounts” in the financial statements :
“Based on the information available with the company, there are no suppliers who are
registered under the Micro, Small and Medium Enterprises Development Act, 2006 as at March
31st
2007. Hence, the information as required under the Micro Small and Medium Enterprises
Development Act, 2006 is not disclosed”.
As, the requirements of disclosure in schedule VI is not dispensed with, in respect of amounts
due to small scale industrial undertakings, the company will also have to disclose under sundry
creditors, amount due to small scale industries. Further, names of small scale industrial
undertakings to which amount is payable and outstanding for more than 30 days will also have
to be disclosed.
Q. 15 What are the consequences if the company is in possession of information of list of
micro and small enterprises who have filed the memorandum and payment to them is
either overdue or due above 45 days but provision for interest is not made in the
financial statements for the year ending 31st
march 2007?
☞ According to provisions of section 27 of the MSMED Act, 2006, company may be liable for a
minimum fine of Rs.10,000.
Further, as per Accounting Standard 29, “Provisions, Contingent Liabilities and Contingent
Assets”, the company is required to make provision for the interest liability. Again, as the
accounts are required to be maintained under accrual basis under the companies Act, 1956,
such liability of interest shall have to be provided for.
If in the later year/s, the company is required to make interest payment, the same cannot be
considered as current year expenditure but will have to be debited as “Prior Period
Expenditure”.

THE MICRO, SMALL & MEDIUM ENTERPRISES
DEVELOPMENT (MSMED) ACT, 2006
BECOMES OPERATIONAL FROM 2 OCTOBER 2006
Heralding the commencement of renewed efforts for facilitating promotion and development and
enhancing the competitiveness of micro, small and medium enterprises
NEW NOMENCLATURE AND CLASSIFICATION OF MSME
Manufacturing Enterprises Service Enterprises
(Ceiling on investment in (Ceiling on investment in
Plant & Machinery) Equipment)
ENTERPRISE
Rs 25 lakh
Rs 5 Crore
Rs 10 Crore
Rs 10 lakh
Rs 2 Crore
Rs 5 Crore
Micro
Small
Medium
Salient Features
Defines “Enterprise”
instead of “Industry” to give
due recognition to the
Service Sector.
Pride of place to Micro
enterprises.
Investment ceiling for
Manufacturing Small
Enterprises raised to Rs.5
Crore.
Defines “Medium
Enterprises” to facilitate
technology upgradation
and graduation
Two-stage registration
process of SSI substituted
with optional filing of
memorandum with District
Industries Centres (DICs) by
all micro and small
enterprises
Filing of memorandum by
Medium enterprises
rendering services also
optional.
Filing of memorandum by
manufacturing medium
enterprises with District
Industries Centres (instead
of the Central Government)
Provides statutory basis (legally
enforceable) to Procurement
Preference Policies of Central &
State Govts. For goods &
Services provided by micro &
small enterprises.
Strengthens the legal provisions
to check delayed payment to
micro and small enterprises.
Representatives of enterprises
Associations included in the MSE
Facilitation Councils for
Adjudicating on cases of delayed
payment.
Provision for ensuring timely and
smooth flow of credit to MSMEs.
All Schemes/ Programmes of
assistance being notified under
the Act.
Provides for a statutory National
Board for Micro, Small & Medium
enterprises to advise the Central
Government on matters under the
Act.
Definitions Memorandum Statutory Frame

Micro, small and medium enterprises development act, 2006 (msmed act, 2006) (1)

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