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CMA Final · Corporate and Economic Laws · Specific Legal Provisions related to MSME Sector

The Central Government made an order under the power to remove difficulties in the MSMED Act, 2006. Which statement is correct as per the Act?

The order can be made only within two years from the commencement of the Act and must be laid before each House of Parliament as soon as may be after it is made. It must also not be inconsistent with the Act's provisions.

  1. AThe order may be made at any time without limit, and need not be laid before Parliament
  2. BThe order may be made only within two years from commencement of the Act and must be laid before each House of ParliamentCorrect
  3. CThe order may be made only within five years from commencement and need not be laid before Parliament
  4. DThe order may override provisions of the Act if necessary to remove the difficulty

Explanation

Section 31 allows an order by publication in the Official Gazette, not inconsistent with the Act, but no order can be made after two years from commencement. Every order must be laid before each House of Parliament. The option allowing overriding the Act is wrong because provisions must be not inconsistent.

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