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Panel suggests 'sensitivity' model for SSIs
By P. Vikram Reddy
HYDERABAD, DEC. 10. The `Strategy Paper' prepared by a committee
working on the first ever Act for Small Scale Industries (SSIs)
has suggested development of a `sensitivity' model, where
investment in plant and machinery gets indexed to inflation,
where employment is a key factor, and where the definition of an
SSI would provide for technology upgradation and modernisation.
The sensitivity model concept assumes significance in the
backdrop of difficulties involved in fixing investment limits for
SSIs, and defining what constitutes an SSI. Another significant
suggestion is to set up a national level regulatory authority for
SSIs. It also suggests simplification of several Acts, the end
result of which would hopefully bring down the `inspections' by
as many as 60 inspectors to as low as six to 10 inspectors.
An offshoot of the exercise taken up is the suggestion by the
Government to the committee to come out with a ``Limited
Liability Partnership Act'', independent of the SSI Act, to cover
mostly those in the SSI sector.
In April, the Union Government (Ministry of Small Scale
Industries) entrusted the Hyderabad based Administrative Staff
College of India (ASCI) the task of going into such aspects and
to prepare a final report by March 2001 (other than the Limited
Liability Partnership Act). The ASCI bagged the job in a
competitive bidding process.
The four-member committee headed by Dr. B. Yerram Raju of ASCI,
now the Director of the Institute of Public Enterprise (IPE),
submitted its interim draft report and the strategy paper to the
Centre recently. Once it is approved, the strategy paper will be
put to open debate, and discussed again in two major workshops,
one in Delhi and another in the South.
Primarily, the Government had asked the ASCI to prepare a report
covering three major issues - (a) Simplification of existing
laws, rules and regulations impacting on functioning of SSIs,
with a view to reducing the burden of inspector raj; (b) to
define SSI on a more rational basis to keep them globally
competitive, and (c) to prepare a comprehensive single SSI Law.
Since April, the committee has had interaction with about 125
associations representing the SSIs. In all about 12 States were
covered during workshops and discussions held at group and
individual levels, involving Government officials and individual
SSIs also.
Definition issue
And after such a massive exercise, ``The most daunting task
continues to be the definition of SSI'', says Dr. Raju. At
present, an SSI in India is defined as one with an investment of
up to Rs. 1 crore in plant and machinery.
Globally there are about 75 definitions of what constitutes a
small and medium enterprise. For example, in Indonesia an SSI is
defined as one with 5 to 19 employees. In Japan, it is up to 300
employees (industrial mining and transport) and less than 50 to
100 for retail and wholesale, while investment should be less
than 100 million yen. In Korea, it is less than 20 in
manufacturing and five in services.
In most of these countries, incentives are given - some fiscal,
some technology and market promotion. Preferential treatment for
government purchases is also there. The definition of SSI also
has implications under WTO. Mr. Raju says, under WTO, `greenback
subsidies' can be given to SSIs and are non-actionable. The main
objective of such subsidies is to correct regional imbalances.
All over the globe the definition is a combination of parameters
such as investment in plant and machinery, equity, turnover and
manpower employed. It is against this background that the
strategy paper has suggested a combination of investment levels,
and labour, with provision for technological upgradation under
the definition of SSI. Tentatively, the SSI law is proposed to be
called the ``Small Scale Industries Act 2000''. And the first
step in formulating the Act is to define an SSI. It appears that
during discussions with officials, the thought of constituting a
Limited Liability Partnership Act came up. Such a law exists in
the U.K. In India, private limited companies cannot go public,
but the Limited Liability Partnership Act would enable them to do
so. This will limit partners' liability and provide for exit of
partners. Under the existing law, partnership will have to be
dissolved, if one of the partners makes an exit. A formal
proposal by Dr. Raju to the Government for taking up the task of
preparing such an Act is to be submitted next week. The
inspiration for a regulatory body seems to be the model available
in the U.S., South Korea and China among others. According to the
strategy paper proposal, any change in laws anywhere in the
country, if they affect the SSIs, will have to be referred to the
regulatory body.
It also suggests formal recognition to SSI associations. This
could be linked to criteria such as elections to the association
and auditing of accounts. Other aspects covered by the strategy
paper include fair opportunity for State contracts (to SSIs),
protection against unfair specifications, and procurement
preferences.
On simplification of rules and regulations, Dr. Raju points out
that SSIs now have to submit up to 165 returns (in some States)
and are subjected to inspections by up to a maximum of 60
inspectors. The lowest inspections any SSI in India is subjected
to is 27. The strategy paper has categorised Acts into three -
Acts on public safety, Acts relating to environment and those
relating to social welfare. The fiscal laws have been kept out of
the purview of this committee. `Self certification', is another
possibility being explored, by SSIs other than those in hazardous
category.
Besides Dr. Raju, other members of the committee are Mr. Hemnath
Rao (ASCI Faculty), Maj. Gen. Bagga, Chairman, IT-ASCI, and Mr.
K. Gopalchowdary, Advocate of the Andhra Pradesh High Court.
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