21 May 2008
Dear All, One of My client received a letter from one Big Industry as below, Please help me regarding this.
Micro, Small and Medium Enterprises Development Act 2006
You have been supplying goods / provding services based on the Purchse Orders / Work Orders Placed by us.
Kindly let us know wehether you have filed with the prescribed authorities, a Memorandum of Micro or small or medium enterprise as requried under the Micro, Small and Medium Enterprises Development Act 2006. In case the same has been filed by you, kindly send us an acknowledged copy of the letter filed by you.
In case you have not filed the Memorandum, kinldy keep us infomred as and when the same is filed.
If we do not receive any communication from you in this regard on or 31-05-2008 it shll be assumed that you have not filed the prescribed memorandum under the said Act.
21 May 2008
This is to classify the suppliers dues into dues to micro/medium industries under the Act mentioned above, so that the same can be disclosed in the balance sheet of the company concerned. If your client belongs to this category, he can answer so.
“8. 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,
shall file the memorandum of mico, 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, 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.
(2) The form of the memorandum, the procedure of its filing and other matters incidental thereto shall be such as may be notified by the Central Government after obtaining the recommendations of the Advisory Committee in this behalf.
(3) The authority with which the memorandum shall be filed by a medium enterprise shall be such as may be specified by notification, by the Central Government.
(4) The State Government shall, by notification, specify the authority with which a micro or small enterprise may file the memorandum.
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