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CS Executive · Setting Up of Business, Industrial and Labour Laws · Micro, Small and Medium Enterprises

A student states that the Central Government's power to notify the closure Scheme under the MSMED Act overrides conflicting provisions in other laws. Which wording of Section 25 supports this?

The phrase 'Notwithstanding anything contained in any law for the time being in force' supports it. Section 25 begins with this non-obstante clause, so the Central Government's power to notify the closure Scheme operates despite contrary provisions in other laws.

  1. A'Subject to the provisions of any other law'
  2. B'Notwithstanding anything contained in any law for the time being in force'Correct
  3. C'Save as otherwise provided in the Companies Act'
  4. D'With the consent of the State Government'

Explanation

Section 25 opens with 'Notwithstanding anything contained in any law for the time being in force', which gives the provision overriding effect. The other phrases would make it subordinate to other laws or conditional on consent, which the section does not say.

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