Small
Scale Industrial Undertakings
- The following requirements are to be complied with by an
industrial undertaking to be graded as Small Scale Industrial
undertaking w.e.f. 21.12.1999
- An industrial undertaking in which the investment in fixed assets
in plant and machinery whether held on ownership terms on lease or
on hire purchase does not exceed Rs 10 million.
(Subject to the condition that the unit is not owned, controlled or
subsidiary of any other industrial undertaking)
(Subject to the condition that the unit is not owned, controlled
or subsidiary of any other industrial undertaking)
Explanation: For the purpose of this note:-
- "owned" shall have the meaning as derived from the
definition of the expression "owner" specified in clause
(1) of section 3 of the said Act;
- "subsidiary" shall have the same meaning as in clause
(47) of section 2, read with section 4, of the Companies Act, 1956
(1 of 1956);
- the expression "controlled by any other industrial
undertaking" means as under:-
- where two or more industrial undertakings are set up by the same
person as a proprietor, each of such industrial undertakings shall
be considered to be controlled by the other industrial undetaking or
undertakings,
- where two or more industrial undertakings are set up as
partnership firms under the Indian Partnership Act, 1932 (1 of 1932)
and one or more partners are common partner or partners in such
firms, each such undertaking shall be considered to be controlled by
other undertaking or undertakings,
- where industrial undertakings are set up by companies under the
Companies Act, 1956 (1 of 1956), an industrial undertaking shall be
considered to be controlled by other industrial undertaking if:-
- the equity holding by other industrial undertaking in it exceeds
twenty four percent of its total equity; or
- the management control of an undertaking is passed on to the
other industrial undertaking by way of the Managing Director of the
first mentioned undertaking being also the Managing Director or
Director in the other industrial undertaking or the majority of
Directors on the Board of the first mentioned undertaking being the
equity holders in the other industrial undertaking in terms of the
provisions of the following items (a) and (b) of sub-clause (iv);
(iv) the extent of equity participation by other industrial
undertaking or undertakings in the undertaking as per sub-clause (iii)
above shall be worked out as follows:-
- the equity participation by other industrial undertaking shall
include both foreign and domestic equity;
- equity participation by other industrial undertaking shall mean
total equity held in an industrial undertaking by other industrial
undertaking or undertakings, whether small scale or otherwise, put
together as well as the equity held by persons who are Directors in
any other industrial undertaking or undertakings even if the person
concerned is a Director in other Industrial Undertaking or
Undertakings;
- equity held by a person, having special technical qualification
and experience, appointed as a Director in a small scale industrial
undertaking, to the extent of qualification shares, if so provided
in the Articles of Association, shall not be counted in computing
the equity held by other industrial undertaking or undertakings even
if the person concerned is a Director in other industrial
undertakings or undertakings;
(v) where an industrial undertaking is a subsidiary of, or is owned
or controlled by, any other industrial undertaking or undertakings in
terms of sub-clauses (i); (ii); or (iii) and if the total investment in
fixed assets in plant and machinery of the first mentioned industrial
undertaking and the other industrial undertaking or undertakings clubbed
together exceeds the limit of investment specified in paragraphs (1) or
(2) of this notification as the case may be, none of these industrial
undertakings shall be considered to be a small scale or ancillary
industrial undertaking.
Note 2-
(a) In calculating the value of plant and machinery for the purposes of
paragraphs (1) and (2) of this notification, the original price thereof,
irrespective of whether the plant and machinery are new or second hand,
shall be taken into account.
(b) In calculating the value of plant and machinery, the following
shall be excluded, namely:-
- the cost of equipments such as tools, jigs, dies, moulds and
spare parts for maintenance and the cost of consumable stores;
- the cost of installation of plant and machinery;
- the cost of research and development equipment and pollution
control equipment;
- the cost of generation sets and extra transformer installed by
the undertaking as per the regulations of the State Electricity
Board;
- the bank charges and service charges paid to the National Small
Industries Corporation or the State Small Industries Corporation;
- the cost involved in procurement or installation of cables,
wiring, bus bars, electrical control panels (not those 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;
- the cost of gas producer plants;
- transportation charges (excluding of sales tax and excise) for
indigenous machinery from the place of manufacturing to the site of
the factory;
- charges paid for technical know how for erection of plant and
machinery;
- cost of such storage tanks which store raw materials, finished
products only and are not linked with the manufacturing process; and
- cost of fire fighting equipments.
(c) In the case of imported machinery, the following shall be
included in calculating the value, namely:-
- import duty (excluding miscellaneous expenses as transportation
from the port to the site of the factory, demurrage paid at the
port);
- the shipping charges;
- customs clearance charges; and
- sales tax.
Every industrial undertaking which has been issued a certificate of
registration under section 10 of the said Act or a license under
sections 11, 11A and 13 of the said Act by the Central Government and
are covered by the provisions of paragraphs (1) and (2) above relating
to the ancillary or small scale industrial undertaking, may be
registered, at the discretion of the owner, as such, within a period of
one hundred and eighty days from the date of publication of this
notification in the Official Gazette.
Ancillary
Industrial Undertakings
- The following requirements are to be complied with by an
industrial undertaking for being regarded as ancillary industrial
undertaking: -
An industrial undertaking which is engaged or is proposed to be
engaged in the manufacture or production of parts, components,
sub-assemblies, tooling or intermediates, or the rendering of services
and the undertaking supplies or renders or proposes to supply or render
not less than 50 per cent of its production or services, as the case may
be, to one or more other industrial undertakings and whose investment in
fixed assets in plant and machinery whether held on ownership terms or
on lease or on hire-purchase, does not exceed Rs 10 million.
Tiny
Enterprises
Investment limit in plant and machinery in respect of tiny enterprises
is Rs 2.5 million irrespective of location of the unit.
Women
Entrepreneurs
A Small Scale Industrial Unit/ Industry related service or business
enterprise, managed by one or more women entrepreneurs in proprietary
concerns, or in which she/ they individually or jointly have a share
capital of not less than 51% as Partners/ Shareholders/ Directors of
Private Limits Company/ Members of Cooperative Society.