Central Government supersession of the various notifications - No. 10(43)/91-L.P. - S.O. 477(E) - Indian Law

MINISTRY OF INDUSTRY (Department of Industrial Development) NOTIFICATION New Delhi, the 25th July, 1991 S.O. 477(E).- In exercise of the powers conferred by sub-section (1) of section 29B of the Industries (Development and Regulation) Act, 1951 (65 of 1951), and in supersession of the notifications of the Government of India in the Ministry of Industry (Department of Industrial Development) No. 238/E/IDRA/76 dated the 25 th March, 1976, No. S.O. 201(B), dated the 18 th March, 1985, S.O. 140(E), dated the 31 st March, 1986, S.O. 483(E), dated the 8 th August, 1986, S.O. 834(E), dated the 11 th November, 1986, S.O. 892(E), dated the 8 th October, 1987, S.O. 629(E), dated the 30 th June, 1988.and S.O. 759(E), dated the 26 th September, 1989, except as respects things done or omitted to be done before such supersession, the Central Government here by exempts from the operation of the provisions of sections 10, 11, 11A and 13 of the said Act, the Industrial undertakings specified below : - I. Small scale and ancillary industrial undertakings covered by the notification No. S.O. 232(E), dated the 2nd April, 1991 subject to the condition that the article(s) of manufacture is; (i) not included in Schedule I or Schedule II to this notification or (ii) included in Schedule III to this notification. II. Industrial undertakings, not covered by this Ministry's notification No. S.O. 232(E), dated 2 nd April, 1991, subject to the provisions contained in A and B below: A. (i) The article(s) of manufacture shall not be an article(s) included in Schedule I Schedule II. Or Schedule III to this notification; and (ii) The proposed project shall not be located within 25 Kms from the periphery of the standard urban area limits of cities having a population of more than 10 lakhs according to the 1991 Census. This conditionly to: (a) electronics, computer software, and printing industries and other non-polluting industries that may be notified from time to time; (b) other industries provided they are located within industrial areas designated by the State Government(s) before July 24, 1991. B. Section 11A of the said Act subject to the condition that the new article shall not be an article included in Schedule I, Schedule II or Schedule III to this notification and shall not involve any additional investment in plant and machinery. III. Industrial undertakings set up by companies coming under the purview of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and the Foreign Exchange Regulation Act, 1973 (46 of 1973) shall also be covered by this notification, subject to the clearance required under the aforesaid Acts. IV. Industrial undertakings, other than the small scale and ancillary industrial undertakings covered by notification No. S.O. 232(E), dated the 2nd April, 1991, availing of the exemption under this notification shall file with the Department of Industrial Development (Secretariat for Industrial Approvals), Memoranda as may be prescribed in this behalf by the Central Government. V. This notification shall come into force from the date of its publication in the Official Gazette. [No. 10(43)/91-L.P.] L. MANSINGH, Jt. Secy. SCHEDULE I PROPOSBD LIST OF INDUSTRIES TO BE RESERVED FOR THE PUBLIC SECTOR 1. Arms and ammunition and allied items of defence equipment, Defence aircraft and warships . 2. Atomic Energy. 3. Coal and lignite. 4. Mineral oils. 5. Mining of iron ore, manganese ore, chrome ore, gypsum, sulphur, gold and diamond. 6. Mining of copper, lead, zinc, tin, molybdenum and wolfram. 7. Minerals specified in the Schedule to the Atomic Energy (Control of Production and Use) Order, 1953. 8. Railway transport.