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The provisions of Sick Industrial Companies (Special Provisions) Act, 1985 after having assented
by the President of India on 8th January, 1986, the same was provided to objective to check
sickness and expedite the process of revival of efficient and viable sick industrial companies and
closure of those unviable. The said Act of 1985 was further provided with the object to
constitute the Board for Industrial and Financial Reconstruction and also Appellate Authority
thereof, which was vested with the power to recommend and supervise the implementation of
the rehabilitation plans of the sick industries. Also said Board was provided with the power to
decided reliefs to be granted and measures to be ascertained to such sick industrial companies.
Industrial sickness is defined in India as "an industrial company (being a company registered
for not less than five years) which has, at the end of any financial year, accumulated losses
equal to, or exceeding, its entire net worth and has also suffered cash losses in such financial
year and the financial year immediately preceding such financial year".
5.1.1. Meaning: - According to Companies (Second Amendment) Act, 2002, "'Sick Industrial
Company' means an industrial company which has
i) The Accumulated losses in any financial year equal to 50 per cent or more of its average net
worth during four years immediately preceding such financial year; or
ii) Failed to repay its debts within any three consecutive quarters on demand made in writing
for its repayment by a creditor or creditors of such company"
Definition: 3[(o) "sick industrial company" means an industrial company (being a company registered for not less than five
years) which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth.
(e) "Industrial company" means company which owns one or more industrial undertakings;
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Where the total numbers of large Industries which are sick were 637 units at the end of
year 1985 increased to 714 units in the end of next year 1986.
Likewise on the other hand the numbers of sick small scale units were also increased
1.18 lacks at the end of 1985 to 1.46 lakhs at the end of 1986.
The bank amount which was outstanding in case of large industries for the same period
also increased from Rs.2,900 crores to Rs. 3287 crores at the end of year 1986
Dues of Small Scale sector also increased from Rs.1071 crores to Rs.1306 crores at the
end of the year 1986.
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Of the 147, 740 sick industrial units which contains large medium as well as small scale
involving the total bank (credit) of Rs. 4874 at the end of the year 1986.
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d) Inappropriate Personnel Management: The another internal reason for the sickness of SSIs
is inappropriate personnel policies which includes bad wages and salary administration, bad
labor relations, lack of behavioral approach causes dissatisfaction among the employees and
workers.
e) Ineffective Corporate Management: Another reason for the sickness of SSIs is ineffective or
bad corporate management which includes improper corporate planning, lack of integrity in top
management, lack of coordination and control etc.
f) Wrong Location: Selection of a wrong location may create problems for an industrial unit and
may lead to industrial sickness at an early stage. Thus, high technology based units are
established in areas without skilled labor on supporting infrastructure facilities industries based
on imported raw materials are established in regions without adequate transport and
communication system.
It is necessary to take into a account a number of factors such as availability of various
infrastructural facilities like energy, water, transport and so on, apart from skilled labor,
climate, etc. before the choice of location of a particular industrial unit is finalized any mistake
in respect of any one of the factors would surely lead to industrial sickness at an early stage.
(g) Technology: Technological factor also plays vital role. Adoption of inappropriate technology
or obsolete technology or installation of sophisticated machinery for which spare parts are not
easily available or of defective machinery may all lead to sickness of an industrial unit.
(h) Collaboration: Unsatisfactory collaboration agreements leading to legal complications may
result in industrial sickness right from the start or at any later stage.
(i) Demand Forecast: Wrong demand forecasts sudden appearance of competing substitutes on
the market, radical and sudden change in the tastes of people as production of a commodity is
being taken up may all cause industrial sickness.
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a) Personnel Constraint: The first for most important reason for the sickness of small scale
industries are non availability of skilled labor or manpower wages disparity in similar industry
and general labor invested in the area.
b) Marketing Constraints: The second cause for the sickness is related to marketing. The
sickness arrives due to liberal licensing policies, restrain of purchase by bulk purchasers,
changes in global marketing scenario, excessive tax policies by govt. and market recession.
c) Production Constraints: This is another reason for the sickness which comes under external
cause of sickness. This arises due to shortage of raw material, shortage of power, fuel and high
prices, import-export restrictions.
d) Finance Constraints: The external cause for the sickness of SSIs is lack of finance. This arises
due to credit restrains policy, delay in disbursement of loan by govt., unfavorable investments,
fear of nationalization.
e) Credit squeeze initiated by the government policies.
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Questions
1. Write a short note on SICA?
2. Define SICA?
3. What are the Broad Objectives of SICA 1985?
4. Write a short note on Industrial Sickness in India?
5. Explain causes of sickness in Indian industries?
6. Write a short note on Sick Industrial Companies act 2013?
7. Explain SICA 1985?
References
1. T R Jain, Mukesh Trehan, Ranju Trehan, Business Environment, V.K.(india) Enterprises.
2. www. Vakilno1.com
3. Indiankanoon.org
4. Financialservices.gov.in
5. Lawyeralaw.org
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