HC seeks on Industrial Policy
The Jammu Wing of High Court of Jammu And Kashmir and Ladakh has directed the government to clear its stand on Industrial Policy 2016 against the petition filed by the M/S Kashmir Tubes.
In M/S Kashmir Tubes (Petitioner/Appellant) through:- Anuj Dewan, Advocate V/s UT of J&K and Others (Respondent), Judge Sindhu Sharma has passed an order that the Petitioner is aggrieved of impugned E-NIT No.47 of 2021-22 dated 29.11.2021 issued by the respondents inviting tender for supply of ISI marked Galvanized Mild Steel tubes without providing the price/purchase preference to the registered local registered SSI units as is mandated of the J&K Industrial Policy in terms of clause 2.16.2 read with Government Order No.180-IND of 2018 dated 16.07.2018.
It is submitted that in terms of clause 2.16.2 of Industrial Policy 2016 and the Government Order No.180-IND of 2018 dated 16.07.2018, the local registered Small Scale Industrial Units are required to be granted the benefits of 20% on the landed cost of the product in all Government purchases.
The relevant extracts of Industrial policy 2016 as also Government Order dated 16.07.2018 are extracted below; “Clause 2.16.2. of Industrial Policy 2016 :Upto 15% price preference shall be available on the landed cost of the produce to the local SSI units in all Government purchases. The price preference shall also apply in case of any goods purchased by the public sector undertakings/boards, purchased for their own non commercial use.
Government Order No.180-IND of 2018 dated 16.07.2018 : In para 2.16.2 of the Industrial Policy 2016, the term 15% shall be replaced by 20%” Petitioner has also filed a representation dated 07.12.2021, i.e. before the pre bid meeting session for issuing of necessary amendments in the impugned E-NIT regarding grant of price preference in terms of the Industrial Policy (supra)/Government Order which has been made operational 31.03.2026, but the respondents have till date have not considered the same or passed any order in this regard.
Anuj Dewan Raina, learned counsel submitted that petitioner is entitled to participate in the impugned E-NIT, but the respondents are not adhering to the Industrial Policy and are also neither extending the assistance to the local SSI units nor they are giving any clarification regarding this. Notice in the main petition as also in the application.
R.S. Jamwal, learned AAG waives notice on behalf of the respondents-1, 3 and 4, whereas Ravinder Gupta, learned AAG for respondents-2 and 5. Objections be filed by them by the next date.
Jamwal, learned AAG submits that respondents-1,3 and 4 are extending the submission of date of impugned E-NIT and have also sought clarification regarding incorporating the benefits of Industrial Policy 2016 alongwith Government Order(s) within ten days.
The next hearing has been listed on January 18, 2022.
Meanwhile, subject to objections and till next date of hearing, it is directed that till the aforesaid clarification is done, the respondents shall not proceed with the impugned E-NIT.
