Kerala Government order GO(MS) No.113/88/ID dated 28/07/1988?

Question

The government order is to provide relief to sick industries to rehabilitate themselves with assistances from lending institutions and the government.

Answer 1

What Helen T has reproduced with reference to your question is what you are referring to then it is just a political gimmick, an eyewash, window dressing and nothing more.

What has been said is otherwise available to more than 98% of the units nation-wide in normal course of banking if you are sincere to revive a unit. RBI is already for this and what the Kerala Government has done new in that - addressing its ranks to fool the people by giving old things in new packet.

That is why it was sung.........Samajh sako to samjho yaaro......Phir bhi dil hai Hindustani.

Answer 2

This sucks.

Answer 3

Government of Kerala

Abstract

Industries – Scheme for revival of sick SSI Units – Modifications and Amendments to the Rules and Guidelines of the scheme – orders issued.

Industries (B) Department

G.O. (P) No. 115/2005/ID. Dated, Thiruvananthapuram, 25th August, 2005.

Read:- 1. G.O. (Ms.) No. 113/88/ID dated 28/07/1988
G.O. (Ms.) No. 136/89/ID dated 02/09/1989

ORDER

As per G.O. read as 1st and 2nd paper above, Government had formulated the rules and guidelines of the scheme for revival of Sick SSI units and the scheme was in operation since then. There have been request from various corners to modify and revise some of the provisions therein to make the scheme more effective and useful and to accelerate the revival of Sick SSI units that are considered potentially viable. Bank/Financial Institutions will be extending relief and concessions to such units as per RBI guidelines in force from time to time. It has been conveyed by the State level Bankers Committee that the following measures can be extended from the part of Banks, on merit, case-to-case basis and will form a model package along with the reliefs and concessions offered by Government and bodies like KSEB etc.

Waiver of penal interest of damages from accounting year of the unit in which it started incurring cash losses continuously.

Funded Interest Term Loan: Unpaid Interest on term loans/cash credit (after segregating waives penal interest) to be funded.
Rate of Interest: Nil
Repayment : Not exceeding 3 years from date of commencement of implementation of rehabilitation programme.

Reduction in Rate of interest: Existing rate of interest for term loan to be reduced by not more than 3% in case of tiny/decentralized sector and not more than 2% for other SSIs below documented rate.

Working Capital Term Loan: Balance of principal dues (after segregation of unadjusted interest portion of OCC) to be treated as irregular to the extent ir exceeds drawing power.
Rate of interest: 1.5% to 3% points below prevailing benchmark prime lending rate (PLR)

Cash Losses Funding: Cash losses likely to be incurred in the initial stages of rehabilitation programme till unit reaches, break even point can be financed.

Reduced interest on Working Capital: (at 1.50% below prevailing fixed/PLR)

Contingency Loan assistance: For meeting escalation in capital expenditure to be incurred under rehabilitation programme – upto 1.5% of estimate cost of rehabilitation.

Fund for start up expenses and margin for WC: Interest on such rehabilitation term loan @ 1.5% below prevailing fixed /prime lending rate.

Promoters contribution towards rehabilitation package: Minimum 10% of additional long-term requirements in the case of tiny sector and 20% of other units.

As such, the State Level Bankers Committee have also recommended to introduce more reliefs and concessions to such units. The proposals in this behalf forwarded by the Director of Industries and commerce were discussed in detail in the meeting convened for the purpose by the Principal Secretary (Industries) on 04/07/2003 and 01/12/2004 in which all concerned have participated. Based on these discussions and after careful consideration of the various aspects of the matter. Government are pleased to amend and modify the rules and guidelines of the scheme of SURP issued as per G.O. read as 1st paper above as provided for the appendix to this Government Order to take effect from the date of this order.

The additional benefits and concessions as per the amendment ordered in this G.O. shall be extended, subject to the condition that the total expenditure including the additional financial commitment should not exceed the provisions available in the Budget.
The G.Os read above stand modified to this extent.

By order of the Governor,



T. BALAKRISHNAN
Principal Secretary to Government.
APPENDIX

AMENDMENTS MADE TO G.O. (MS.) NO. 113/88/ID DATED 28/07/1988,
VIDE G.O. (MS.) NO. 115/05/ID DATED 25/08/2005


Existing Provisions

1.Eligibility

(i)For the purpose of this scheme definition of a sick industrial unit will be as per the norms prescribed the Reserve Bank / Government of India. “A unit will be considered sick if it has (a) incurred cash loss in the previous accounting year and is likely to continue to incur cash loss in the current accounting year and has an erosion on account of cumulative cash losses to the extend of 50% or more of its net worth and / or (b) continuously defaulted in meeting four consecutive quarterly installments of principal on term loans and there are persistent irregularities in the operation of its credit limits with the bank. While both the conditions (a) and (b) should be satisfied in the case of large SSI units it would suffice if either alternative (a) or (b) is satisfied in the case of units in the tiny sector.









(ii)Those units which are considered to be potentially, viable will be taken up for rehabilitation under the scheme. A unit will be regarded as potentially viable if it would be in a position after implementing a relief package spread over a period not exceeding five years from the commencement of package from banks, financial institutions, Government (Central / State) and other agencies concerned, as may be necessary, to continue to service its repayment obligations as agreed upon including those forming part of the package without the help of concessions after the aforesaid period.

(iii)Industrial Development Bank of India has come up with a National Equity Fund for the benefit of new as well as existing Sick SSI Units. Similarly, the IDBI has formulated a Scheme for financing sick industrial units through Banks. Since IDBI Scheme is available on easy terms it should be made use of (by Banks) to the maximum. Cases of those units which could not be financed by a Bank under IDBI Scheme alone would normally be financed by the Government under this Scheme.

(iv)A unit must hold a valid registration with the Department of Industries and Commerce.

2.Procedures for Registration of Unit as Sick

(i)Those Industrial Units who satisfy conditions as given in 1(i) may forward applications through their financing agency if any or direct to the General Manager, DIC concerned in the prescribed form in triplicate.

(ii)The financing agencies may forward cases of viable sick units to the General Manager, DIC concerned with their recommendation on rehabilitation package. If there is more than one financing agency, the General Manager will get clearance from all other financiers, if found essential before registration as a sick unit is given.

(iii)In the case of any application received direct from the unit, the General Manager may consult the financing agencies concerned for their views. If any financing agency has doubt about the viability of any such unit it may be referred to ay competent professional agencies like CMD, KITCO, School of Management, Rubber Board (for rubber based industries), IMG, SIDCO, SISI etc. acceptable to the financing agency for the preparation of Revival Project Report. After consultation / discussion with the financing agencies on the basis of the RPR the General Manager may register the unit as Sick.

(iv)In the case of self financed units the General Manager, DIC can decide on the viability and package of assistance.

3.Administration of the Loan

There will also be a State Level Rehabilitation Committee consisting of the following members to monitor and advise the District Level Rehabilitation Committees:

The Secretary (Industries) : Chairman
Director of Inds. & Commerce:Convenor
Managing Director : Member
President:Member
Two Representatives of
Commercial Banks: Members
One Representative of IDBI: Member

This Committee will consider cases recommended to it by the District Level Rehabilitation Committee. The functions of the District Level Rehabilitation Committee would be examining and recommending the margin money assistance and for monitoring the revival of the small scale industrial units. The District Level Rehabilitation Committee will consist of the following persons:


(i)District Collector (or his nominee): Chairman
(ii)Lead Bank Officer: Member
(iii)Lead District Officers
(or representative) of 2 leading
Banks in the District : Members
(iv)District Manager, KFC: Member
(v)President, District unit of KSSIA: Member
(vi)Manager (credit): Member
(vii)GM, DIC: Convenor












Close monitoring of each of the beneficiaries under the scheme will b e done by the DLRC at intervals if six months at least in the case of special units requiring closer monitoring more frequent monitoring would be done). Half yearly reports after monitoring should be sent by the DLRC to the Director of Industries & Commerce for his review.




Amended provisions and additions

1.Eligibility

For the purpose of this scheme definition of a sick small scale industrial unit will be the same as prescribed by the Reserve Bank of India from time to time. Currently the definition is as given below, vide letter No. RPCD. No. PLNFS.BC.57/06-04-2001/2001-2002 dated 16/01/2002 of the RBI.

“An SSI unit should be considered ‘Sick’ if

(a)any of the borrowal accounts of the unit remains sub-standard for more than six months ie, principal or interest, in respect of any of its borrowal accounts has remained overdue for a period exceeding one year. The requirement of overdue period exceeding one year will remain unchanged even if the present period for classification of an account as sub-standard, is reduced in due course.
Or
(b)there is erosion in the net worth due to accumulated cash losses to the extent of 50% of its net worth during the previous accounting year.

And
(c) the unit has been in commercial production for at least two years”.

(ii) Those units which are considered to be potentially viable will be taken up for rehabilitation under the scheme. A unit will be registered as potentially viable if it would be in a position after implementing a relief package spread over a period not exceeding five years from the commencement of package from banks, financial institutions, Government (Central / State) and other agencies concerned, as may be necessary, to continue to service its repayment obligations as agreed upon including those forming part of the package without the help of concessions after the aforesaid period.




Para 1(iii) deleted








(iv) A unit must hold a valid registration with the Department of Industries & Commerce.

2. Procedures for Registration of Unit as Sick

(i)Those Industrial Units who satisfy conditions as given in 1(i) may forward applications through their financing agency if any or direct to the General Manager, DIC concerned in the prescribed form in triplicate.


(ii)The financing agencies may forward cases of viable sick units to the General Manager, DIC concerned with their recommendation on rehabilitation package. If there is more than one financing agency, the General Manager will get clearance from all other financiers, if found essential before registration as a sick unit is given.


(iii)In the case of any application received direct from the unit, the General Manager may consult the financing agencies concerned for their views. If any financing agency has doubt about the viability of any such unit it may be referred to ay competent professional agencies like CMD, KITCO, School of Management, Rubber Board (for rubber based industries), IMG, SIDCO, SISI etc. acceptable to the financing agency for the preparation of Revival Project Report. After consultation / discussion with the financing agencies on the basis of the RPR the General Manager may register the unit as Sick.


(iv)In the case of self financed units the General Manager, DIC can decide on the viability and package of assistance.


3. Administration of the Loan

There will also be a State Level Rehabilitation Committee consisting of the following members to monitor and advise the District Level Rehabilitation Committees:

The Secretary (Industries) : Chairman
Director of Inds. & Commerce:Convenor
Managing Director : Member
President:Member
Two Representatives of
Commercial Banks: Members
One Representative of IDBI: Member

This Committee will consider cases recommended to it by the District Level Rehabilitation Committee. The functions of the District Level Rehabilitation Committee would be examining and approving revival proposals, packages etc. and recommending the margin money assistance, loan for start up expenses etc. and for monitoring the revival of the small scale industrial units. The District Level Rehabilitation Committee will consist of the following persons:

(i)District Collector: Chairman
(ii)Lead District Manager, Lead Bank: Member
(iii)Representative of financing banks
concerned : Member
(iv)District Manager, KFC: Member
(v)President, District unit of KSSIA: Member
(vi)Dy. Chief Engineer, KSEB
(Distribution): Member
(vii)Dy. Commissioner of Commercial
Taxes : Member
(viii)One expert (Technocrat) of good standing preferably with experience in production and marketing (to be nominated by the Chairman on the recommendation of the GM, DIC, concerned). He can be selected from the panel of approved consultants prepared y the Directorate of Industries & Commerce. He will be the Honorary Member.
(ix)One project Consultant, to be nominated by the Chairman on the recommendation of the GM, DIC concerned. He will be an Honorary Member.
(x)General Manager, DIC, Convenor

Close monitoring of each of the beneficiaries under the scheme will be done by the DLRC and a quarterly report shall be sent to the Director of industries and Commerce for his review.



The DLRC may constitute Sub Committees for monitoring the revival of nay particular unit or a group of units as deemed fit or necessary. Such Sub Committees will also be empowered to approve revival packages for and on behalf of the DLRC. The General Manager, District Industries Centre concerned shall be the Convenor of Sub Committees. A Task Force will function in every District consisting of Management and technical Experts and officials. Members of the Task Force will visit the identified units, discuss with entrepreneurs and the financial institutions and other stake holders concerned to suggest possible remedies. The Team will inform the unit regarding remedial measures including the management practices, technology upgradation, marketing etc. The Director of Industries and Commerce shall be empowered to constitute the Task Forces to each District and reconstitute the same according to needs felt by them.

4.Assistance available from Government

(i)Margin Money

When a Bank/Financing Institution sanctions additional term loan or working capital loan as per the Rehabilitation Project Report or Rehabilitation Package and insists on margin money to be raised by the unit, an amount upto 50% of the margin insisted will be sanctioned as Margin Money Loan subject to a ceiling of Rs. 50,000 (Rs. Fifty thousand) per unit. Percentage limit in the case of tiny units will be 75%. In exceptional cases, however, this amount may be increased upto 75% (or upto 90% in the case of tiny units) subject to the maximum ceiling of Rs. 50,000 (Rs. Fifty thousand) per unit.




Through IDBI assistance is available as margin money loan if it is not available to the registered sick units from any bank due to specific reasons, margin money loan assistance as described above will be made available to them by the State Government through General Manager of District Industries Centre concerned, after obtaining the recommendation of the District Level Rehabilitation Committee (DLRC). The balance of the margin money required if any will be met by the party. 4. Assistance available from Government

(i)Margin Money

When a Bank/Financing Institution sanctions additional term loan or working capital loan as per the Rehabilitation Project Report or Rehabilitation Package and insists on margin money to be raised by the unit, an amount upto 50% of the margin insisted will be sanctioned as Margin Money Loan subject to a ceiling of Rs. 2,00,000 (Rs. Two lakhs) per unit. This Margin Money Loan will bear interest at the rate of 6% per annum. Rate of penal interest and other conditions will be the same as that of Margin Money Loan under the normal scheme being implemented by the Department. The General Manager, District Industries Centre shall be the sanctioning authority on the approval of the revival package by the DLRC/Sub Committee of the DLRC.

Through IDBI assistance is available as margin money loan if it is not available to the registered sick units from any bank due to specific reasons, margin money loan assistance as described above will be made available to them by the State Government through General Manager of District Industries Centre concerned, after obtaining the recommendation of the District Level Rehabilitation Committee (DLRC). The balance of the margin money required if any will be met by the party.

(ii)Cost of Rehabilitation Project Report

The cost of Rehabilitation Project Report prepared by professional agencies other the banks as detailed in 2 (iii) above, will be reimbursed to the unit subject to a maximum of Rs. 2,000 per report/unit.(ii)Cost of Rehabilitation Project Report

(a)Sick units taken up for revival by financial institutions will be eligible for Project Report Subsidy equal to 50% of the cost paid for the preparation of Revival Project Reports, on the recommendation of the financial institution, subject to a maximum of Rs. 10,000 (Rs. Ten thousand only) as reimbursement. This will be released through the financial institutions. The General Manager, District Industries Centre shall be competent to sanction and disburse this assistance from the funds available under the State Investment Subsidy Scheme now in operation or from such other funds as may be directed y Government.
(b)50% of the cost of technical consultancy charges and technical know-how in connection with technical upgradation of the manufacturing facilities of sick units and forming part of the approved revival plan will be reimbursed as grant, subject to a maximum of Rs. 15,000 (Rs. Fifteen Thousand only) on the recommendation of the financial institution and will n e released through the financing institution. The General Manager, District Industries Centre shall be empowered to sanction and disburse this from the funds provided under the State Inv3estmetn Subsidy Scheme now in operation or from such other funds as may be directed by Government.
(iii)Sales Tax Exemption

Units revived under this sick unit rehabilitation programme will be exempted from the payment of Sales Tax for five years from the date of commencement of production after revival / date pf releasing at least 25% money under the package of rehabilitation assistance from the financing agent / Government. Provided the Sick Unit has not enjoyed the benefit of Sales Tax Exemption earlier and also subject to the condition that such sales tax exemption will not exceed 90% of the total capital investment of the unit at any given moment. If unit has enjoyed sales tax exemption granted earlier fully they would not be eligible for further sales tax exemption. However, any unveiled quantum of sales tax exemption granted earlier (money-wise) would be made use of by the unit in five years from, the date of commencement of production after revival / date of receipt of at least 25% of finance under rehabilitation package.(iii) Sales Tax Exemption -added

The concession of sales tax exemption will be available only in accordance with SRO 1092/99 as modified by SRO No. 295/2000 of Taxes Department as is being alone since 1/1/2000 and as modified from time to time.


(iv) Stay for Revenue Recovery

Revenue Recovery action if any taken against the unit registered as sick will be held in abeyance, for a period of one year or till the revival proposal is implemented whichever is earlier. The District Collector will be empowered to issue the stay order on the recommendation of the General Manager of the District Industries Centres.(iv)Stay for Revenue REcovery

Revenue Recovery action if any taken against the unit registered as sick will be held in abeyance, for a period of one year or till the revival proposal is implemented whichever is earlier. All Revenue Recovery actions initiated against a sick unit taken up for revival under this scheme will be stayed till a decision is taken on the revival proposals of the unit by the DLRC/Sub-Committee of the DLRC. District Collectors will be empowered to do so on the recommendations of the General Manager of the DIC concerned.

(v)Start up expenses / statutory liabilities / loan for purchase of balancing machineries etc.

IDBI assistance is available to meet start up expenses, statutory liabilities, purchase of balancing equipments, cash losses etc. If loan from IDBI assistances is not available, General Managers may give loan in deserving cases which to meet statutory liabilities, start up expenses and to purchase balancing machines subject to a maximum of Rs. 50,000 per unit including margin money loan assistance. This will be treated as clean loan having second charge on assets to the main loan. The term lending institutions concerned will have to give consent for creating the charge. The other conditions will be same as those for margin money.(v) Start up expenses / statutory liabilities / loan for purchase of balancing machineries etc.

Loan for meeting up to 75% of the cost of the following items of start up expenses will be sanctioned and disbursed, after ensuring the arrangement made by the unit for the margin or remaining portion to be brought in by the unit.

(1)Inevitable repairs and maintenance of factory buildings and plant and machinery as assessed by the General Manager, District Industries Centre.
(2)Purchase of balancing machinery/equipments forming part of revival proposals.
(3)Paying off pending electricity dues, sales tax dues and other statutory dues.
(4)Improving of electrical installation.
(5)Acquisition of inevitable testing and quality control equipments forming part of revival proposals.
(6)For one time settlement of existing old loans availed from banks/financial institutions in case where a different financial institution/bank comes forward to extend revival finance. Also in deserving cases the assistance will be available to enable the unit to make initial one time payment insisted by the bank/financial institution for clearing/partially clearing the existing loan dues of the units with the financing bank/institutions that participate in the revival and extends a package of relief.

All such start-up expenses should be envisaged in the RPR approved by the financing institution/ General Manager, DIC / DLRC/Sub Committee of the DLRC. The maximum ceiling of loan for start-up expenses will be Rs. 2.5 lakhs. Both Margin Money loan towards start-up expenses together shall not exceed Rs. 3 lakhs. Interest rate will be 6% per annum. Conditions of penal interest will the same as that for MML under the normal scheme being implemented by the Department. Margin Money Loan and loan towards start-up expenses not envisaged in the Revival Project Report will not be available in any case. Applications for these assistances should be filed within 3 months from the date of registering the unit as Sick or within one month from the date of sanction of revival finance by the financial institution in cases where financial institutions are involved. However, the DLRC will be competent to condone delays upto six months, on merits. Delays beyond 6 months will be condoned by Government in the Industries Department on the recommendation of the SLRC. Self-financed units undertaking revival programme will be eligible for loan towards start-up expenses. In their case the Revival Plans should have the approval of the General Manager, District Industries Centre. In such cases also approval of the DLRC/Sub Committee of the DLRC is required.

(vi)All dues (other than sales-tax dues) to Government will be rescheduled for a further maximum period of 5 years and this will form part of the revival package to be approved by the DLRC/Sub Committee of the DLRC, on merit on a case to case basis and to be sanctioned by the loan sanctioning authority of the concerned Government Department. In case where the total dues exceeds Rs. 2 lakhs it will be rescheduled with the approval of Government.

(vii)Sick Units undertaking revival programme under the approval of the DLRC/GM, DIC concerned will be allowed concessions in interest and penal interest dues on existing Margin Money Loan as on the date of approval of the revival package, in the case of sick units (running units or closed down ones) starting or restarting production on revival, provided the units are willing (under a fresh agreement) to repay the margin money loan dues in 3 quarterly installments from the dare of restart/starting of revival programme. Any contractual violation will revert the dues to the original terms and conditions. Units proposing to avail this facility should have envisaged this in the original Revival Proposals / RPR. The General Manager, District Industries Centre will be empowered to allow the concession on the recommendation of the Financing Institution that participates in the revival and after obtaining approval of the DLRC/ Sub Committee of the DLRC. The rate of vaiver/concessions in interest and penal interest will be determined while fixing the norms.

(viii)The District Industries Centre will appoint Escort officers who will be assigned with specific number of sick units put under revival. The Escort Officer will follow-up and take steps to ensure that the units receive the eligible promised reliefs and concessions in time and will provide all escort/nursing services therefore. The Escort Officer will report to the officer will report to the officer in charge of the SURP Cell in the District Industries Centre.

(ix)As soon as an Industrial unit in respect of which recourse to revenue recovery has been made is registered sick, the department / authority which requisitioned revenue recovery should withdraw the requisition for revenue recovery of all dues and give facility fro repayment in installments after giving moratorium as laid down in G. O. (Ms.) No. 136/89/ID dated 2/9/1989. There will be no ban on the department / authorities against resorting to revenue recovery if the units default the re-scheduled payments after the period of moratorium allowed in each case is over, vide G.O. (Ms.) No.3/91/ID dated 7/1/1991. This will continue.
Other conditions

(i) The period of moratorium, if any, as well as the repayment schedule may be decided as per the rehabilitation project report or otherwise by the General Manager subject to the condition that the moratorium shall not in any case, exceed four years and the total period of repayment of the loan exclusive of the moratorium period shall be a maximum of 9 years.Other conditions

(i) The period of moratorium, if any, as well as the repayment schedule may be decided as per the rehabilitation project report or otherwise by the General Manager subject to the condition that the moratorium shall not in any case, exceed four years and the total period of repayment of the loan exclusive of the moratorium period shall be a maximum of 15 years.
(ii) The channelisation of the loan should be done through the same financial institutions which are to fund the loan element of the revival proposal. Transfer of funds to the financial institutions will be according to the procedures prescribed by the State Government for this purpose(ii) The channelisation of the loan should be done through the same financial institutions which are to fund the loan element of the revival proposal. Transfer of funds to the financial institutions will be according to the procedures prescribed by the State Government for this purpose
(iii) Interest leviable on Margin Money Assistance will be the normal rate of interest leivable on Central Loans to State Government.(iii) Omitted
(iv) The other conditions will be the same as those for the existing seed Capital Loan Scheme of the State Government and the same forms of agreements etc. will be followed.(iv) The other conditions will be the same as those for the existing seed Capital Loan Scheme of the State Government and the same forms of agreements etc. will be followed.
(v) In case the financing agencies not agreeing to the suggestions of the General Manager for rehabilitation or in case there is difference of opinion among the different financing agencies of the same unit it may be placed in the District Level Rehabilitation Committee for final decision.(v) In case the financing agencies not agreeing to the suggestions of the General Manager for rehabilitation or in case there is difference of opinion among the different financing agencies of the same unit it may be placed in the District Level Rehabilitation Committee for final decision.
(vi) General Managers of the District Industries Centres will exercise strict vigil over such revived sick units to avoid / present abuse/diversion of funds/facilities.(vi) General Managers of the District Industries Centres will exercise strict vigil over such revived sick units to avoid / present abuse/diversion of funds/facilities.
(vii) The beneficiaries under this scheme will submit a performance report at the end of every quarter to the Director of Industries and Commerce. General Manager, District Industries Centre and Director, Small Industries Service Institute in the Pro Forma I. Copy appended.
(vii) The beneficiaries under this scheme will submit performance report at the end of every quarter to the General Manager, District Industries Centre concerned.
(viii) The Director of Industries and Commerce in turn will send a six monthly report to the Director, Small Industries Service Institute in the Pro Forma II (copy appended) regarding utilization of funds under this scheme.(viii) The GM, DIC concerned in turn will send a quarterly report to the Director of Industries and Commerce regarding utilization of various loans and subsidies/grants allowed under this scheme.
(ix) While taking up cases for revival priority should be given to Tiny Sector Units, units under Women Industries Programme and units owned by SC/ST Enterpreneurs.(ix) While taking up cases for revival priority should be given to Tiny Sector Units, units under Women Industries Programme and units owned by SC/ST Enterpreneurs.