Government
of
Department of Industries & Commerce
NOTIFICATION
Dated:
No. 5/58/2002/IIB/1514
: Whereas, with a view to facilitate the development
of Industry in the State, Government of Punjab have notified the “Industrial
Policy – 2003” vide No. 5/58/2002/IIB/968 dated 26.3.2003, which inter-alia
provides for Enhancement of Competitiveness of Small Scale Industrial Units
through Modernisation & Technology Up gradation.
Now, therefore, to implement the scheme of Enhancement of Competitiveness of Small Scale
Industrial Units through Modernisation & Technology Up gradation set out
in the aforesaid policy, the Governor of Punjab is pleased to notify detailed
scheme as under:-
1. PURPOSE
In order to encourage the Existing Small Scale Industrial
(SSI) units to undertake modernisation and / or technology up gradation for
enhancing their competitiveness and productivity levels, Capital Subsidy to
the extent of 25% of investment upto maximum of Rs.25 lac per unit will be
provided by Government.
2. BUDGETARY
ALLOCATION
For this purpose, budgetary allocation upto Rs.25 crore
per annum would be made to Industries Department by State Government, which
shall be released on quarterly basis. In case at the end of the quarter, the
rightful claims made by the units under the scheme during that quarter are
more than the quarterly budgetary allocation, the amount of subsidy shall
be reduced on pro-rata basis and disbursement made accordingly at the end
of the quarter. The unutilised funds,
if any, of the preceding quarter will be carried forward to the next quarter.
But there will be no carry forward of balance funds, if any, at the end of
year to next financial year.
3. DEFINITIONS
3.1 ‘Government’ means the
Government of Punjab in the Department of Industries & Commerce.
3.2 'Director' means the Director
of Industries,
3.3 'District Officer' means the General Manager of District
Industries Centre or any other officer nominated or designated by the Government/Director
to perform the duties of the district officer, for the purpose of these rules.
3.4 ‘Existing Small Scale Unit’
means an industrial unit falling within the definition of such unit as given
by the Central Government and registered as such with the department of Industries,
Punjab, provided it has completed 3 years of continuous production on 1st
April, 2003 or subsequently.
3.5 ‘Investment’ means expenditure
incurred on:-
(i) Construction of new building and/or alteration
in the existing building and purchase of Plant & Machinery for Modernisation
& Technology Up gradation as per project report duly appraised and approved
by Financial Institution/Bank/PSIDC.
(ii) Obtaining ISO Standard
which will include the registration fees and cost of testing equipment as
per project report duly appraised and approved by Financial Institution/Bank/PSIDC.
3.6 'Plant & Machinery'
means new plant and machinery installed by the unit for Modernisation &
Technology Upgradation which will also include imported second-hand or re-conditioned
plant and machinery installed by the unit. Investment on these items will
include the basic price of plant and machinery which will also include freight
charges from place of despatch / port / airport of arrival till destination
in addition to the C.I.F. value of such plant & machinery, provided that
these charges would be limited to 5% of the basic price.
3.7 ‘Commercial
Production’ means date of production after completion of Modernisation &
Technology Upgradation as entered by the District Officer in SSI Registration
Certificate of the unit.
3.8 'Financial year' means the year beginning from 1st
April and ending on 31st March.
3.9
'Project
Report' means a document, depicting physical and financial projections relating
to the unit and enhancement in competitiveness in terms of following parameters
duly appraised and approved by the concerned institution:-
3.10 ‘Project Implementation Report’ means a document depicting
the completion (date of commencement of production) of Modernisation and Technology
Upgradation programme in terms of parameters indicated in the Project Report
as at 3.9 above and the actual investment made by the unit, duly certified
by the institution which had appraised the project report. In case the actual
expenditure incurred by the unit varies from that envisaged in the project
report, the same shall be justified and approved by appraising institution.
3.11 Concerned Institution’ means the State Level
or All India Financial Institution / Scheduled Bank / PSIDC.
4. SCOPE
OF THE SCHEME
All existing Small Scale Industrial (SSI) units registered
with the Department of Industries & Commerce,
Which propose to undertake or had initiated modernisation
and / or technology upgradation before 1.4.2003 but complete the Modernisation
Technology Upgradation on or after 1.4.2003 shall be covered under this scheme, provided the unit has not availed any incentive
under any other State or Central Government scheme for similar purposes.
5. DEFINITION OF MODERNISATION & TECHNOLOGY UPGRADATION
Technology upgradation would mean induction of new
technology leading to significant step up from the present technology
level to substantially higher level resulting into:-
6. DURATION OF SCHEME
The scheme will be in operation during the 10th
Five-Year Plan with effect from
7.
GRANT OF SUBSIDY
7.1 Eligible
Investment
The total Investment for the purpose of calculation of
subsidy shall be restricted to the Project Implementation Report.
7.2 Procedure
(i) Units undertaking Modernisation
& Technology Upgradation shall inform Director of Industries & Commerce
about their proposal for Modernisation / Technology Upgradation along with
a copy of the project report for the same duly appraised and approved
by the concerned institution, while initiating such programme.
(ii) After completion of Modernisation & Technology
Upgradation programme and Certification of the Project Implementation Report
by the concerned institution, application in Form M(a) for the grant of Capital
Subsidy along with documents listed therein shall be submitted to the District
Officer within the time frame prescribed in Para 7.3.
(iii) General Manager, District Industries Centre or a Gazetted
Officer nominated by him will receive the application. The application would
be checked then and there and deficiencies, if any, would be pointed out to
the applicant within 7 working days and the applicant would also be given
a definite time period not exceeding 4 weeks to rectify the deficiencies so
pointed out.
(iv) In case the deficiencies are not removed within the specified
time as mentioned above,, the claim would be filed by the General manager,
under intimation to the party through a registered AD, a copy of which would
be sent to the Directorate.
(v) The case so filed may be re-opened with the orders of
Director of Industries, provided request for the same is received within a
period of 1 month from the date of filling the claim by the General Manager.
For period exceeding 1 month, the case would be re-opened with the orders
of Principal Secretary Industries & Commerce, if the request for the same
is received within a period of 2 months from the date of filing the claim
by the General Manager.
(vi) The case shall be sent by General Manager to the Directorate
within a period of 7 days after completion on single file. The cases so received
would be put up for consideration and sanction before the Committee consisting
of Director of Industries, Industrial advisor-cum-Additional Director, Chief
Coordinator, Udyog Sahayak, Senior Technical Officer (Modernisation) dealing
officer and representative of the financial Institution / bank. The Committee
may coop subject matter expert from panel of experts in Udyog Sahayak. The
committee would meet once in a month or earlier, if required.
(vii) The sanction letter will be issued to the unit immediately
on approval of the minutes of meeting in Format at M (e).
7.3 Time Limit
A unit shall forfeit its entitlement for the grant of
modernisation and Technology upgradation incentive, if it does not file its
claim for disbursement of subsidy complete in all respect within 2 months
of commencement of production after installation of machinery & equipment
under Modernisation & Technology Upgradation programme.
7.4 Disbursement
Disbursement of all sanctioned cases shall
be made from the Directorate on quarterly basis. In case the total sanctioned
amount during the quarter is more than budgetary allocation for the quarter,
the per unit sanctioned subsidy amount shall be reduced accordingly on pro-rata
basis.
7.5 Interpretation / Relaxation / Amendment
The Principal Secretary Industries & Commerce shall
be competent to interpret / relax / amend provisions of this Scheme.
7.6 Appeals
(a) Appeals, against orders passed by the General Manager,
District Industries Centre, under these rules, shall lie with the Director
of Industries & Commerce.
(b) Appeals against the orders passed by the
Director of Industries & Commerce under these rules shall lie with the
Principal Secretary Industries & Commerce and orders passed by the Principal
Secretary Industries & Commerce shall be final.
(c) Appeals mentioned in Rule 7.6 (a) and 7.6
(b) shall be filed within a period of 30 days from the date of communication
of orders appealed against.
7.7 Review
No officer except Principal Secretary Industries &
Commerce shall review his/her own orders. However, an officer one rank higher
than the officer who passed the orders shall have the power to review such
orders suo-motto or on a reference made to him by the party or the competent
officer below him.
8. PENAL ACTION
In case it is found at
any stage that the unit has claimed subsidy on the basis of wrong facts, the
unit shall, beside refunding subsidy and facing legal action, be debarred
from grant of any incentives / assistance from the Government.
S. C. Agrawal
Principal Secretary to Government,
Department of Industries & Commerce
Form M (a)
[Clause 7.2(i)]
APPLICATION FORM FOR SANCTION OF CAPITAL SUBSIDY UNDER
THE SCHEME FOR ENHANCING THE COMPETITIVENESS OF SSI UNITS THROUGH MODERNISATION
AND TECHNOLOGY UPGRADATION
1. Name & address of the unit
2. Location
3. Constitution of the unit (Proprietorship
/ Partnership / Limited Company)
4.
SSI Registration
5.
Initial date of production
6.
Item Manufactured
7.
Means of Finance for Modernisation
& Technology Upgradation and equipment
(i) Term Loan from bank
/ financial institution.
(ii) Own Sources.
(iii) Other (shares / debentures
/ bonds etc.)
8.
Details of investment made:
(i)
(ii)
(iii)
9.
Date of commencement of
production after installation of new machinery / equipment
10.
Amount of capital subsidy
claimed
11.
Documents attached:-
(i) Project Report
(ii) Attested copy of Small Scale Industries Registration
Certificate.
(iii) Attested copy of certificate in Form ‘A’
& ‘C’ issued by Registrar of Firms and Societies, Punjab along with a
copy of partnership deed or certificate of incorporation of the company in
case of limited companies.
(iv) Special Power of Attorney / Resolution of
Board of Directors of the Company in Form M (b) / M(c).
(v) Project Implementation Report
(vi) Audited Balance Sheet for last 3 years.
(vii) Affidavit in Form M (d).
(viii)Detailed bill wise
item wise, expenditure statement of investment shown in Column 8 above.
Dated:
Signature of the Applicant(s)
Or
Authorised attorney with complete address.
Form-M (b)
SPECIAL POWER OF
ATTORNEY
Know all men by whom these present that
we (i) __________________ son of Shri __________________________________ (ii)
________________ son of Shri _________________________________________ partners
of M/s _______________________________ are much engaged in and pre-occupied
in our business. We therefore, jointly and severally do hereby assign, constitute,
nominate and appoint our one of the partners Mr.______________, son of Mr.
__________________________ to act for and on our behalf jointly as well as
severally as our lawful special attorney.
2. We fully
authorise our above mentioned special attorney to file all essential relevant
documents required for the receipt of capital subsidy for modernisation and
/ or technology upgradation admissible under the Industrial Policy, 2003,
in the office of the General Manager, District Industries Centre and the Director
of Industries, Punjab, Chandigarh, for and on our behalf jointly and severally
to conduct Enquiry, make application(s) and affidavit(s) to execute Enquiry,
any or all documents required for the receipt of above said incentive. He
is further authorised to receive the incentive amount from the concerned bank
/ financial institution / Department of Industries and to issue actual payees
receipt at the time of disbursement of incentive amount after the execution
of the deed. And to do all acts, deeds and things whatsoever our above and
special attorney deems fit, proper and advisable.
3. All the
acts, deeds and things done by our said Special Attorney shall be binding
on each of us both jointly and severally and it will be constructed that we
have done the said personally.
4. In witness
thereof we set our hands on this date_________________ at ______________________
Witnesses:
1. _________________________
2. _________________________
3. _________________________
Executants
Form-M (c)
COPY OF THE RESOLUTION
PASSED IN THE
BOARD OF DIRECTORS MEETING HELD
ON _____________
AT THE REGISTERED OFFICE
OF THE COMPANY
Resolved unanimously that Mr. ___________________, Director
of the Company, be and is hereby authorised to file any document/affidavit
or give any undertaking for filing the claim and receiving the money from
the Government with respect to capital subsidy under modernisation and / or
technology upgradation incentive applicable to us as per Punjab Industrial
Policy, 2003, in the office of the General Manager, District Industries Centre
and the Director of industries, Punjab, Chandigarh, for and on behalf
of the Company to conduct Enquiry, make application(s) to the above office
for the development of the industrial unit. He is further authorised to receive
the investment incentive of Rs.___________ (Rupees _____________________ _______________________________
only) from the bank/financial institution Department of Industries and to
issue the actual payees receipt at the time of disbursement of incentive amount
after the execution of the deed and to do all acts, deeds and the things whatsoever
he may deem fit, proper and advisable.
2. He will be the authorised signatory of
the company with regard to all matters pertaining to or arising out of the
availment of incentives. All the acts, deeds and things done by him shall
be binding on the Company.
Specimen Signature Chairman/Managing
Director
(Attested)
Form-M (d)
AFFIDAVIT
I,
__________________________, do hereby solemnly state that I am proprietor/partner/director
or M/s ____________________________ and that date of production of unit after
modernisation/Technology upgradation is _________________________________
and that the unit has availed loan of Rs._____________________ from _________________________.
Following investment has been made with this amount in the unit:
(i)
(ii)
(iii)
Total _______________________
I, further solemnly state
that the plant and machinery installed is new and no incentive under any other State or Central
Government Scheme for the same or similar purpose has been availed for this
unit.
I, do hereby undertake to refund the entire
amount of incentive of Rs.____________(Rupees____________________________)
granted to me, besides facing legal action in case these facts are proved
to be wrong at any stage.
Signature of applicant
Verification
The
contents of this affidavit are true to the best of my knowledge and belief
and nothing has been concealed therein.
Signature of applicant
Form-M (e)
From
Director of Industries & Commerce,
To
M/s. _________________________
_____________________________
_____________________________
Memo No.
Dated:
Reference
your application dated: ___________ for sanction of capital subsidy under
the scheme for enhancing the competitiveness of SSI units through modernisation
and technology upgradation.
Your
case was considered by the committee in its meeting held on ____________ and
the claim for capital subsidy of Rs.__________ has been sanctioned / rejected
due to reasons given in the Annexure.
However,
the amount of subsidy can be reduced at the time of disbursement as provided
in Clause 2 and 7.4 of the scheme.
for Director of Industries
& Commerce.
Endst. No. Dated:
A copy is sent to the concerned
G.M., D.I.C.