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Chapter I :
Preliminary |
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1.
(1) This Act may be called the Micro, Small and Medium Enterprises
Development Act, 2006.
(2) It shall
come into force on such date as the Central Government may, by
notification, appoint; and different dates may be appointed for
different provisions of this Act and any reference in any such provision
to the commencement of this Act shall be construed as a reference to the
coming into force of that provision. |
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2. In this Act, unless the context otherwise requires, -
(a) “Advisory Committee” means the
committee constituted by the Central Government under sub-section (2) of
section 7;
(b) “appointed day” means the day
following immediately after the expiry of the period of fifteen days
from the day of acceptance or the day of deemed acceptance of any goods
or any services by a buyer from a supplier.
Explanation
– For the purpose of this clause,-
(i) “the day of acceptance” means,-
(a) the day of the actual delivery of
goods or the rendering of services; or
(b) where any objection is made in
writing by the buyer regarding acceptance of goods or services within
fifteen days from the day of the delivery of goods or the rendering of
services, the day on which such objection is removed by the supplier;
(ii) “the day of deemed acceptance”
means, where no objection is made in writing by the buyer regarding
acceptance of goods or services within fifteen days from the day of the
delivery of goods or the rendering of services, the day of the actual
delivery of goods or the rendering of services;
(c) “Board” means
the National Board for Micro, Small and Medium Enterprises established
under section 3;
(d) “buyer” means whoever buys any
goods or receives any services from a supplier for consideration; |
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65 of
1951. |
(e)
“enterprise” 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 Industries (Development
and Regulation) Act, 1951 or engaged in providing or rendering of any
service or services; |
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(f) “goods” means every kind of movable
property other than actionable claims and money;
(g) “medium enterprise” means an
enterprise classified as such under sub-clause (iii) of clause (a) or
sub-clause (iii) of clause (b) of sub-section(1) of section 7;
(h) “micro enterprise” means an
enterprise classified as such under sub-clause (i) of clause (a) or
sub-clause (i) of clause (b) of sub-section (1) of section 7; |
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61 of 1981 |
(i)
“National Bank” means the National Bank for Agriculture and Rural
Development established under section 3 of the National Bank for
Agriculture and Rural Development Act, 1981; |
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(j) “notification”
means a notification published in the Official Gazette;
(k) “prescribed” means prescribed by rules made under this Act; |
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2 of 1934 |
(l) “Reserve Bank”
means the Reserve Bank of India constituted under section 3 of the
Reserve Bank of India Act, 1934; |
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(m) “small
enterprise” means an enterprise classified as such under sub-clause
(ii) of clause (a) or sub-clause (ii) of clause (b) of sub-section (1)
of section 7;
(n) “supplier” means a micro or small enterprise, which has filed a
memorandum with the authority referred to in clause (a) of sub-section
(1) of section 8, and includes, – |
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1 of
1956. |
(i) the National Small Industries Corporation, being a company,
registered under the Companies Act, 1956; |
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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;
(iii) any company, cooperative society, 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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39 of
1989. |
(o) “Small
Industries Bank” means the Small Industries Development Bank of India
established under sub-section (1) of section 3 of the Small Industries
Development Bank of India Act, 1989;
(p) “State
Government”, in relation to a Union territory, means the Administrator
thereof appointed under article 239 of the Constitution. |
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