[ 981 ]
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
No. 207/Leg./2023-LD.
Puducherry, dated 8th September 2025.
The following Act of the Legislative Assembly, Puducherry, received
the assent of the Lieutenant-Governor, Puducherry, on the 6th day of
September, 2024 and is hereby published for general information.
JHANAZ RAFFI @ JHANSI,
Under Secretary to Government (Law).
Registered with the Registrar
of Newspapers for India under
No. 10410
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
EXTRAORDINAIRE
EXTRAORDINARY
Publiée par
Published by
Autorité
Authority
2025 }
|
8 {
No. 68 Poudouchéry
Lundi
8
Septembre
2025
No.
Puducherry
Monday
8th
September
2025
(17 Bhadra 1947)
982
LA GAZETTE DE L'ETAT
[PART–II
THE PUDUCHERRY MICRO, SMALL AND MEDIUM
ENTERPRISES (EXEMPTION FROM APPROVALS
TO COMMENCE BUSINESS) ACT, 2024
(Act No. 6 of 2024)
(06-09-2024)
A N
ACT
to provide for exemption from approvals and
inspections for commencement of business by the
Micro, Small and Medium Enterprises in the Union
territory of Puducherry and matters connected
therewith or incidental thereto.
BE it enacted by the Legislative Assembly of
Puducherry in the Seventy-fifth Year of the Republic
of India as follows:—
1. (1) This Act may be called “The Puducherry
Micro, Small and Medium Enterprises (Exemption from
Approvals to Commence Business) Act, 2024”.
(2) It shall extend to the whole of the Union
territory of Puducherry.
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires,–
(a) “Acknowledgment Certificate” means, the
acknowledgment Certificate issued under section 5;
(b) “Approval” means, any permission, no
objection, clearance, approval, registration, licence,
etc., required under any other Law prevailing in
connection with the establishment or operation of an
enterprise in the Union territory of Puducherry;
(c) “Competent Authority” means, Head of
any Department or Agency of the Government or
Local Authority, Statutory Body, Government owned
Corporation, Municipality, Commune Panchayat,
Short title,
extent and
Commencement.
Definitions
983
PART–II]
LA GAZETTE DE L'ETAT
Planning Authorities, or any other Authority or Agency
constituted or established by or under any other
Law prevailing or under the administrative control of
the Government of Puducherry which is entrusted
with the powers or responsibilities to grant or issue
approval for establishment or operation of an enterprise
in the Union Territory;
(d) “Puducherry Industrial Guidance Bureau
(PIGB)” means, the Puducherry Industrial Guidance
Bureau as notified by the Government;
(e) “Enterprise” means, a Micro, Small or Medium
Enterprise;
(f) “Government” means, the Administrator
appointed by the President under Article 239 of the
Constitution;
(g) “Micro, Small or Medium Enterprise” means,
a Micro, Small or Medium Enterprises, as defined in
the
Micro, Small and Medium Enterprises Development
Act, 2006;
(h) “Nodal Agency” means, the Nodal Agency
referred to in section 3;
(i) “Prescribed” means, prescribed by the rules
made under this Act;
(j) “UT” means, the Union territory of
Puducherry;
(k) “Undertaking” means, a letter to be taken
from an Enterprise in the prescribed format that the
Enterprise shall ensure appropriate labour welfare
measures, adequate fire safety and environmental
measures as required by Law.
3. Subject to superintendence, direction and control
of the Government, the Puducherry Industrial Guidance
Bureau (PIGB) shall be the Nodal Agency for the
purposes of this Act.
Nodal Agency
984
LA GAZETTE DE L'ETAT
[PART–II
Filing of
Declaration.
4. (1) Subject to the superintendence, direction
and control of the Government, the powers and functions
of the Nodal Agency shall be as follows:–
(a) To assist and facilitate establishment of
Enterprises in the Union Territory; and
(b) To maintain the records of declaration of
intent received and Acknowledgment Certificate issued
under this Act.
(2) The Government may assign such other powers
and functions to the Nodal Agency as it may deem
fit for giving effect to the provisions of this Act.
5. (1) Any person who intends to start an
Enterprise may furnish to the Nodal Agency, a declaration
of intent to start an Enterprise in such form and in
such manner as may be prescribed.
Explanation.— Any person who has applied to
the Competent Authority to obtain all or any of the
approvals as referred to in clause (b) of section 2
before the commencement of this Act may also opt
to furnish declaration of intent to start an Enterprise
under this sub-section.
(2) On receipt of a declaration of intent, the
Nodal Agency shall, forthwith, issue an Acknowledgment
Certificate, in the prescribed Form to the person who
furnished the declaration under sub-section (1).
6. (1) An Acknowledgment Certificate issued under
section 5 shall for all purposes, have effect as if, it is
an approval as referred to in clause (b) of section 2,
for a period of three years from the date of its issuance
and before the expiry of the said period of three
years, the Enterprise shall have to obtain required
approval as referred to in clause (b) of section 2.
Powers and
functions of
the Nodal
Agency.
Effect of the
Acknowledgment
Certificate.
985
PART–II]
LA GAZETTE DE L'ETAT
Provided that the Enterprise shall apply for
necessary permission under the respective Laws within
a period of three years from the date of issuance of
Acknowledgment Certificate:
Provided further, that such Acknowledgment
Certificate shall not entitle a person to use a land in
deviation to the land use specified in the master
plan wherever such plan is in force.
(2) During the period of three years as specified
in sub-section (1), no Competent Authority shall
undertake any inspection for the purpose of or in
connection with, any approval as defined in clause (b)
of section 2:
Provided that the Competent Authority shall be
empowered to undertake an inspection during the
said period of three years in cases where, the Enterprise
has applied for necessary permission under the respective
Laws within a period of three years from the date of
issuance of Acknowledgment Certificate.
7. Where, the Government or any Authority under
it, is empowered to exempt any Enterprise from any
approval or inspection or any provisions relating
thereto under any Central Act, the Government or,
as the case may be, any such Authority shall, subject
to the provisions of such Central Act, exercise such
powers to grant such exemption to an Enterprise
established in the Union territory of Puducherry for
at least a period of three years from the date of
issue of the Acknowledgment Certificate issued under
sub-section (2) of section 5.
8. No suit, prosecution or other legal proceedings
shall lie against the Government or Nodal Agency or
Competent Authority or any employee of the
Government, Nodal Agency or Competent Authority
in respect of anything which is done or intended to
be done in good faith under this Act or any rules
made thereunder.
Exemption
Protection of
action taken in
good faith.
986
LA GAZETTE DE L'ETAT
[PART–II
Act to over
ride other
Laws.
9. (1) The provisions of this Act shall have
effect, notwithstanding anything inconsistent therewith
contained in any other Law, for the time being in
force.
(2) In particular and without prejudice to the
generality of the foregoing provisions of this Act,
such provisions shall have effect notwithstanding
anything inconsistent therewith contained in the following
enactments and the provisions of these enactments
shall be read as amended in conformity with the
provisions of this Act, namely:–
(i) The Puducherry Town and Country Planning
Act, 1969.
(ii) The Puducherry Building Bye-Laws and
Zoning Regulations, 2012.
(iii) The Puducherry Ground Water (Control
and Regulation) Act, 2002.
(iv) The Puducherry Municipalities Act, 1973.
(v) The Puducherry Village and Commune
Panchayats Act, 1973.
10. Subject to the provisions of section 7, nothing
in this Act shall be construed as exempting any
Enterprise from the application of the provisions of
any Law for the time being in force, or any regulatory
measures and standards prescribed thereunder, except
to the extent expressly provided in this Act.
11. (1) The Government may, after previous
publication by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) Every rule made or notification issued
under this Act, shall as soon as may be after it is
made be laid before the Legislative Assembly, Puducherry,
while it is in session for a total period of fourteen days,
Savings
Powers to
make rules.
987
PART–II]
LA GAZETTE DE L'ETAT
which may be comprised in one session or in two or
more successive sessions, and if, before the expiry
of the session in which it is so laid, or the session
immediately following, the Legislative Assembly makes
any modification in the rule or notification or decide
that any rule or notification should not be made or
issued, the rule or notification shall thereafter have
effect only in such modified form or be of no effect,
as the case may be, so, however, that any such
modification or annulment shall be without prejudice
to the validity of anything previously done under
that rule or notification.
(3) Any rescission or modification so made by
the Legislative Assembly of Puducherry shall be
published in the Official Gazette and shall thereupon
take effect.
12. (1) If, any difficulty arises, in giving effect
to the provisions of this Act, the Government may,
by order published in the Official Gazette make such
provisions not inconsistent with the provisions of
this Act, as may appear to it to be necessary or
expedient for removing the difficulty.
Provided that no such order under this section
shall be made after the expiry of a period of two
years from the date of commencement of this Act.
(2) Every order made under sub-section (1)
of this section shall, as soon as it is made, be placed
on the Table of the Legislative Assembly of Puducherry.
Powers to
remove
difficulties.
————
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.