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Discussion on Amendments in the MSMED Act 2006

Discussion on Amendments in the MSMED Act 2006
Start Date :
Jul 05, 2024
Last Date :
Aug 05, 2024
23:45 PM IST (GMT +5.30 Hrs)
Submission Closed

The Ministry of MSME is in the process of amending the MSMED Act, 2006. In this regard, this Ministry had consulted various central Ministries/Department/State Govt./Industry ...

The Ministry of MSME is in the process of amending the MSMED Act, 2006. In this regard, this Ministry had consulted various central Ministries/Department/State Govt./Industry Associations/other stakeholders & general public.

Based on the consultations and written inputs received from various stakeholders, the amendments proposed in the MSMED Act, 2006 are based on the following four key pillars:

A) Enhancing inclusivity and broad-basing the scope of the Act;
B) Future-proofing the Act;
C) Improving co-ordination under the Act;
D) Enhancing the ease of business in the ecosystem;

A) Enhancing Inclusivity and Broad-basing the scope of the Act
• Accord statutory status to Udyam registration for availing benefits under the Act.
• Provision for credit guarantee coverage to Micro and Small Enterprises by Government.
• Enabling provisions to address issues of credit gap; shortage of working capital; ensure adequate, affordable, and timely finance to enterprises; minimize the incidence of financial stress among enterprises; and leverage new and emerging platforms and technologies such as the Trade Receivables Discounting System, Account Aggregator Framework, etc.
• Provision for targeted mechanisms for capacity building of women, members of SC and ST, and rural artisans and craftspeople and provisions for market access, financial and digital literacy.
• Inclusion of cottage, village, and coir industries as rural artisans and craftspeople in the MSME classification scheme, to promote rural industries and enterprises.
• Inclusion of Medium Enterprises in the dispute resolution framework

B) Future-proofing the Act
• Strengthen provisions for technological upgradation and green technology to enhance productivity, quality, and competitiveness.
• Enabling provisions for the adoption of energy-efficient, sustainable technologies by MSME.
• Designation of a Green Fund to support the energy transition of MSME and integration in the global value chain.
• Addressing industrial obsolescence among enterprises.
• Promoting technological upgradation and research and development among enterprises.
• Encouraging the adoption of sustainable technology solutions by enterprises.

C) Improving coordination
• Streamline the structure, working, and functions of the National Board and the Advisory Committee to make them lean, efficient, and responsive to the requirements of MSME, and strengthen the monitoring and evaluation mechanism.
• Provision to set up an adequate number of Facilitation Councils in States for better access to MSMEs, along with an incentive structure to promote competition and good performance among them.
• The composition of the Facilitation Councils may be prescribed by the State Government.

D) Enhancing Ease of Business in the Ecosystem
• Provisions for the decriminalisation of offences by converting criminal fines into civil penalties.
• Simplification of regulatory clearance mechanism and procedure for establishment and management of MSME by making suitable provisions in the Rulemaking powers of the appropriate Government.
• Creating and encouraging the adoption of digital solutions to improve transparency and foster a culture of accountability
• Make the adjudication process simpler and speedier, aligning it with the alternative dispute resolution framework and online dispute redressal.

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Showing 768 Submission(s)
BrahmDevYadav
BrahmDevYadav 1 year 9 months ago
What are the new rules for MSME? The Finance Act 2023 introduced Section 43B(h), allowing deductions for timely payments to Micro and Small enterprises under the MSMED Act. It promotes working capital availability and prompt payments. Applicable from April 1, 2024, it requires payment within specified time limits. Penalties apply for late payments.
BrahmDevYadav
BrahmDevYadav 1 year 9 months ago
Can we ignore legal notice? No, we cannot ignore a legal notice in India. Ignoring a legal notice can have serious consequences including legal action against you.
BrahmDevYadav
BrahmDevYadav 1 year 9 months ago
Is it mandatory to send a legal notice in MSME? MSEs can issue a legal notice to the buyer demanding the payment of dues. A legal notice serves as a warning to the buyer. It may prompt them to make the payment to avoid litigation. However, it is not mandatory by law to issue a legal notice.
BrahmDevYadav
BrahmDevYadav 1 year 9 months ago
What happens if MSME is not paid in 45 days? MSMED Act 2006:- According to these provisions, a buyer is liable to pay a compounded fine, if he/she fails to make a payment to the supplies within 45 days from the day of acceptance of the goods/service.
BrahmDevYadav
BrahmDevYadav 1 year 9 months ago
What is MSME as per MSME Act 2006? The classification of Micro, Small and Medium Enterprises is defined under the MSMED Act 2006 amendment dated 01/06/2020. The Micro, Small and Medium Enterprises is based on the Investment in Plant, Machinery or Equipment values excluding land and building and Annual Turnover.
BrahmDevYadav
BrahmDevYadav 1 year 9 months ago
What is Section 15 of the MSMED Act, 2006? Section 15 of the MSMED Act mandates payments to micro and small enterprises within the time as per the written agreement, which cannot be more than 45 days. If there is no such written agreement, the section mandates that the payment shall be made within 15 days.
BrahmDevYadav
BrahmDevYadav 1 year 9 months ago
What is section 15 of the MSME Act Amendment? Section 15 of the MSMED Act mandates payments to micro and small enterprises within the time as per the written agreement, which cannot be more than 45 days. If there is no such written agreement, the section mandates that the payment shall be made within 15 days.
BrahmDevYadav
BrahmDevYadav 1 year 9 months ago
What is the amendment related to MSME? The Finance Act 2023 introduced an amendment to the Income Tax Act by adding clause (h) to Section 43B. This clause stipulates that any payments owed to MSMEs, not resolved within 45 days, will not qualify for tax deductions until the payment is made.
BrahmDevYadav
BrahmDevYadav 1 year 9 months ago
What is the MSME Act 2006 Amendment 2023? The Finance Act 2023 inserted Section 43B(h), which stipulates that any sum owed to Micro and Small enterprises for goods supplied or services given may be deducted in the same year if it is paid within the deadline stipulated by the Micro, Small and Medium Enterprises Development Act, 2006.
PARTHA CHAUDHURI
PARTHA CHAUDHURI 1 year 9 months ago
The sham manufacturing activity that actually consists of marking intentionally unmarked cheap imported goods causes internal bleeding of national economy. For Micro, Small and Medium Enterprises in the manufacturing sector, the financial statements as well as the inspection reports from the lending institutions are to be periodically checked against the relative Memorandum submitted by the unit under the Act as well as the SSI Registration Certificate to ensure that the manufacturing activities are being carried out in tune with the said documents.