Kerala High Court Issues Notice On Plea Challenging MSE Facilitation Council Rules

(MENAFN- KNN India) New Delhi, Sep 24 (KNN) The Kerala High Court on Tuesday issued notice on a plea questioning the validity of the Kerala Micro and Small Enterprises Facilitation Council Rules, 2023.

Justice Mohammed Nias C.P., while admitting the matter, directed the parties to respond to the petition.

The plea was filed by M/s Malabar Furniture Consortium Pvt. Ltd., which is facing proceedings before the Micro and Small Enterprises Facilitation Council over alleged unpaid GST and interest.

The proceedings were transferred to the Regional Council in Ernakulam, currently chaired by the General Manager of the District Industries Centre.

The petitioner argued that this appointment violates Section 21 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006, which stipulates that such councils must be chaired by the Director of Industries or an officer not below that rank.

Under the 2023 Rules notified by the Kerala government, however, General Managers of District Industries Centres-who are below the required rank-are permitted to chair Regional Councils.

The company further contended that the 2023 Rules were not laid before the Legislative Assembly, as mandated under Section 30(3) of the MSMED Act, and were instead brought into effect immediately.

This, the petitioner claimed, renders the Rules inconsistent with both Section 21 and Section 30(3) of the central law.

As part of its interim relief, the petitioner has requested a stay on the proceedings currently pending before the Regional Council, chaired by the contested official.

The matter is being pursued through Advocates Manas P. Hameed, Ipsita Ojal, Anil Kumar K.P., and Mariyamma A.K.

(KNN Bureau)

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