Definitions
Section 2 of the Micro, Small and Medium Enterprises Development Act, 2006 deals with definitions. In this Act, unless the context otherwise requires,-- (a) "Advisory Committee" means the committee constituted by the Central Government under sub-section (2) of section 7; The Act came into force on 02 Oct 2006.
In this Act, unless the context otherwise requires,--
(a) "Advisory Committee" means the committee constituted by the Central Government under sub-section (2) of section 7;
(b) "appointed day' means the day following immediately after the expiry of the period of fifteen days from the day of acceptance or the day of deemed acceptance of any goods or any services by a buyer from a supplier.
Explanation.--For the purposes of this clause,--
(i) "the day of acceptance" means,--
(a) the day of the actual delivery of goods or the rendering of services; or
(b) where any objection is made in writing by the buyer regarding acceptance of goods or services within fifteen days from the day of the delivery of goods or the rendering of services, the day on which such objection is removed by the supplier;
(ii) "the day of deemed acceptance" means, where no objection is made in writing by the buyer regarding acceptance of goods or services within fifteen days from the day of the delivery of goods or the rendering of services, the day of the actual delivery of goods or the rendering of services;
(c) "Board" means the National Board for Micro, Small and Medium Enterprises established under section 3;
(d) "buyer" means whoever buys any goods or receives any services from a supplier for consideration;
(e) "enterprise" means an industrial undertaking or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods, in any manner, pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (55 of 1951) or engaged in providing or rendering of any service or services;
(f) "goods" means every kind of movable property other than actionable claims and money;
(g) "medium enterprise" means an enterprise classified as such under sub-clause (iii) of clause (a) or sub-clause (iii) of clause (b) of sub-section (1) of section 7;
(h) "micro enterprise' means an enterprise classified as such under sub-clause (i) of clause (a) or sub-clause (i) of clause (b) of sub-section (1) of section 7;
(i) "National Bank" means the National Bank for Agriculture and Rural Development established under section 3 of the National Bank for Agriculture and Rural Development Act, 1981 (51 of 1981);
(j) "notification" means a notification published in the Official Gazette;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Reserve Bank" means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934);
(m) "small enterprise" means an enterprise classified as such under sub-clause (ii) of clause (a) or sub-clause (ii) of clause (b) of sub-section (1) of section 7;
(n) "supplier" means a micro or small enterprise, which has filed a memorandum with the authority referred to in sub-section (1) of section 8, and includes,--
(i) the National Small Industries Corporation, being a company, registered under the Companies Act, 1956 (1 of 1956);
(ii) the Small Industries Development Corporation of a State or a Union territory, by whatever name called, being a company registered under the Companies Act, 1956 (1 of 1956);
(iii) any company, co-operative society, trust or a body, by whatever name called, registered or constituted under any law for the time being in force and engaged in selling goods produced by micro or small enterprises and rendering services which are provided by such enterprises;
(o) "Small Industries Bank" means the Small Industries Development Bank of India established under sub-section (1) of section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989);
(p) "State Government", in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution.
Section 2, The Micro, Small and Medium Enterprises Development Act, 2006 (Act 27 of 2006).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 3 Establishment of Board
- s. 7 Classification of enterprises
- s. 8 Memorandum of micro, small and medium enterprises
- National Bank for Agriculture and Rural Development Act s. 3 Establishment and incorporation of National Bank for Agriculture and Rural Development
- Small Industries Development Bank of India Act s. 3 Establishment and incorporation of Small Industries Development Bank of India
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nik San Engineering Co. Ltd. v. Easun Reyroller Ltd. & Ors.
Court's Decision & Legal Precedent
Supplier under s.2(n) requires a micro/small enterprise that has filed a valid s.8 memorandum for the supply period; where Part-I EM lapsed before Part-II filing, supplies in the gap are not by a “supplier”, so an s.18 reference is incompetent.
On this section: Authoritative DB construction of s.2(n) “supplier” — EM continuity is definitional, not a mere formality.
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Scigen Biopharma Pvt. Ltd. v. Jagtap Horticulture Pvt. Ltd.
Court's Decision & Legal Precedent
A party that was not a s.2(n) supplier on the contract date cannot retrospectively acquire Chapter V / s.18 benefits by filing an entrepreneurs memorandum years later after disputes arose; District Judge erred in remanding after setting aside under Arb Act s.34.
On this section: Locks the temporal rule for s.2(n): supplier status is tested as of the contract/supply relationship, not post-dispute EM filing.
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JSW Steel Ltd. v. Micro, Small Enterprise Facilitation Council, Cuttack & Ors.
Court's Decision & Legal Precedent
A claimant that is not a “small enterprise” on aggregated plant-and-machinery investment across units is outside MSMED supplier protection; splitting units to stay under thresholds defeats the Act’s object, so an MSEFC award against a buyer is liable to be quashed.
On this section: Teaches definitional gatekeeping: “small enterprise”/supplier status turns on real investment aggregation, not unit-wise packaging.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
5 instruments name this provision in its title or its text without being made under it.
- 2788(E) In exercise of the powers conferred by sub section 2 of section 7 of the Micro, Small and MediumNotification 2019
- Notification for constitution of Advisory Committee/ In exercise of the powers conferred by sub section 2 of section 7 of the Micro Small and Medium Enterprises Development Act ,2006Notification 2017
- Notification for filing of Udyog Aadhaar Memorandum / In exercise of the powers conferred by sub section 2 of the section 8 of the Micro Small and Medium Enterprises Development Act, 2006Notification 2017
- In exercise of the powers conferred by sub-section (1) of section 467 of the Companies Act, 2013 (18 of 2013), the Central Govt., hereby makes the following further alterations in Schedule III (hereinafter referred to as said Schedule) to the said Act, namely.Rule 2015
- No. 27 of 2006Notification 2006
Questions about Section 2
What have the courts held on Section 2 of the Micro, Small and Medium Enterprises Development Act?
Nik San Engineering Co. Ltd. v. Easun Reyroller Ltd. & Ors. (27 Dec 2019) is the leading judgment on this section among those set out below: Authoritative DB construction of s.2(n) “supplier” — EM continuity is definitional, not a mere formality. Another 2 judgments on this section are set out below. They run from 2019 to 2023.
How do I find court cases under Section 2 of the Micro, Small and Medium Enterprises Development Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Micro, Small and Medium Enterprises Development Act 2, section 2 Micro, Small and Medium Enterprises Development Act, section 2 of the Micro, Small and Medium Enterprises Development Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Nik San Engineering Co. Ltd. v. Easun Reyroller Ltd. & Ors. (27 Dec 2019).
What should I read with Section 2 of the Micro, Small and Medium Enterprises Development Act, and has it changed?
Its own text turns on section 3 (Establishment of Board), section 7 (Classification of enterprises), section 8 (Memorandum of micro, small and medium enterprises), National Bank for Agriculture and Rural Development Act 3 (Establishment and incorporation of National Bank for Agriculture and Rural Development), and on 1 further provision, so none of them can safely be read on its own. 5 instruments name it without being made under it, most recently 2788(E) In exercise of the powers conferred by sub section 2 of section 7 of the Micro, Small and Medium (2019), then Notification for constitution of Advisory Committee/ In exercise of the powers conferred by sub section 2 of section 7 of the Micro Small and Medium Enterprises Development Act ,2006 (2017).
When did Section 2 of the Micro, Small and Medium Enterprises Development Act come into force?
Section 2 of the Micro, Small and Medium Enterprises Development Act, cited as Micro, Small and Medium Enterprises Development Act 2, came into force on 02 Oct 2006, having been enacted on 16 Jun 2006. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Establishment of Board885 words
- 7. Classification of enterprises763 words
- 8. Memorandum of micro, small and medium enterprises349 words
- 29. Power to make rules313 words
- 18. Reference to Micro and small Enterprises Facilitation Council290 words
- 21. Composition of Micro and Small Enterprises Facilitation Council198 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.