Section 11B:
Power of Central Government to specify the requirements which shall be complied with by small scale industrial undertakings.
1[11B.Power of Central Government to specify the requirements which shall be complied with
by small scale industrial undertakings.--(1) The Central Government may, with a view to ascertaining
which ancillary and small scale industrial undertakings need supportive measures, exemptions or other
favourable treatment under this Act to enable them to maintain their viability and strength and so as to be
effective in--
(a) promoting in a harmonious manner the industrial economy of the country and easing the
problem of unemployment, and
(b) securing that the ownership and control of the material resources of the community are so
distributed as best to subserve the common good,
specify, having regard to the factors mentioned in sub-section (2), by notified order, the requirements
which shall be complied with by an industrial undertaking to enable it to be regarded, for the purposes of
this Act, as an ancillary, or a small scale, industrial undertaking and different requirements may be so
specified for different purposes or with respect to industrial undertakings engaged in the manufacture or
production of different articles:
Provided that no industrial undertaking shall be regarded as an ancillary industrial undertaking unless
it is, or is proposed to be, engaged in--
(i) the manufacture of parts, components, sub-assemblies, toolings or intermediates; or
(ii) rendering of services, or supplying or rendering, not more than fifty per cent. of its production
or its total services, as the case may be, to other units for production of other articles.
(2) The factors referred to in sub-section (1) are the following, namely:--
(a) the investment by the industrial undertaking in--
(i) plant and machinery, or
(ii) land, buildings, plant and machinery;
(b) the nature of ownership of the industrial undertakings;
(c) the smallness of the number of the workers employed in the industrial undertaking;
(d) the nature, cost and quality of the product of the industrial undertaking;
(e) foreign exchange, if any, required for the import of any plant or machinery by the industrial
undertaking; and
(f) such other relevant factors as may be prescribed.
(3) A copy of every notified order proposed to be made under sub-section (1) shall be laid in draft
before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in
disapproving the issue of the proposed notified order or both Houses agree in making any modification in
the proposed notified order, the notified order shall not be made, or, as the case may be, shall be made
only in such modified form as may be agreed upon by both the Houses.
(4) Notwithstanding anything contained in sub-section (1), an industrial undertaking which, according
to the law for the time being in force, fell, immediately before the commencement of the Industries
(Development and Regulation) Amendment Act, 1984 (4 of 1984), under the definition of an ancillary, or
small scale, industrial undertaking, shall, after such commencement, continue to be regarded as an
ancillary, or small scale, industrial undertaking for the purposes of this Act until the definition aforesaid is
altered or superseded by any notified order made under sub-section (1).]
Notes:
1. Ins. by Act 4 of 1984, s. 3 (w.e.f. 12-1-1984).