Central Government Departments

Board for Industrial and Financial Reconstruction Important Provisions

Filed under:

Constitution of two quasi-judicial bodies – BIFR and AAIFR and their Benches.

Procedure of the Board and the Appellate Authority.

Filing of references u/s 15 and criteria of sickness.

Provision of enquiry u/s 16.

Appointment of Special Directors and OAs u/s 16(4) and 17(3).

Preparation of sanctioned scheme under section 17(2), 17(3) & 18(4).

Provision for monitoring of schemes u/s 18(12)

Rehabilitation by giving financial assistance u/s 19.

Winding up of sick industrial companies u/s 20.

Protection to safeguard the interests of the sick companies u/s 22(1), 22(2), 22(3).

Provisions for dealing with potential sickness u/s 23, 23(a), 23(b).

Provision in case of misfeasance u/s 24.

Provision for seeking information and giving information – Central Govt., RBI, FIs State institutions and sick companies and in case of amalgamation other companies.

Power to seek assistance of MMs & DMs u/s 29.

SICA has overriding provisions u/s 32 over other laws except the provisions of FERA, 1973 and the ULCRA,1976.

Penalty u/s 33 for violation of the Act.

Board for Industrial and Financial Reconstruction

Filed under:

In the wake of sickness in the country’s industrial climate prevailing in the eighties, the Government of India set up in 1981, a Committee of Experts under the Chairmanship of Shri T.Tiwari to examine the matter and recommend suitable remedies therefore. Based on the recommendations of the Committee, the Government of India enacted a special legislation namely, the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) commonly known as the SICA.

The main objective of SICA is to determine sickness and expedite the revival of potentially viable units or closure of unviable units (unit here in refers to a Sick Industrial Company). It was expected that by revival, idle investments in sick units will become productive and by closure, the locked up investments in unviable units would get released for productive use elsewhere.

The Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter called the Act) was enacted with a view to securing the timely detection of sick and potential sick companies owning industrial undertakings, the speedy determination by a body of experts of the preventive, ameliorative, remedial and other measure which need to be taken with respect to such companies and the expeditious enforcement of the measures so determined and for matters connected therewith or incidental thereto.

The Board of experts named the Board for Industrial and Financial Reconstruction (BIFR) was set up in January, 1987 and functional with effect from 15th May 1987. The Appellate Authority for Industrial and Financial Reconstruction (AAIRFR) was constituted in April 1987. Government companies were brought under the purview of SICA in 1991 when extensive changes were made in the Act including, inter-alia, changes in the criteria for determining industrial sickness.

SICA applies to companies both in public and private sectors owning industrial undertakings:-

(a) pertaining to industries specified in the First Schedule to the Industries (Development and Regulation) Act, 1951, (IDR Act) except the industries relating to ships and other vessels drawn by power and;

(b) not being “small scale industrial undertakings or ancillary industrial undertakings” as defined in Section 3(j) of the IDR Act.

© The criteria to determine sickness in an industrial company are (i) the accumulated losses of the company to be equal to or more than its net worth i.e. its paid up capital plus its free reserves (ii) the company should have completed five years after incorporation under the Companies Act, 1956 (iii) it should have 50 or more workers on any day of the 12 months preceding the end of the financial year with reference to which sickness is claimed. (iv) it should have a factory license.

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