- (1.) Leave granted.
(2.) The Legislature of State of Assam and the Parliament took legislative measures to allay the difficulties faced by the small scale industries. The State of Assam made rules known as The Assam Preferential stores Purchase Rules in the year 1972. The said rules having not served its purpose, the Assam Preferential Stores Purchase act, 1989 (for short "the 1989 Act") was enacted which received the assent of the Governor on 14th July, 1989. The said act was enacted for encouraging growth of industries in the State of Assam specially small scale and cottage industries and for taking measures ancillary thereto. The state intended to patronize the products of the small scale and cottage industries on preferential basis and to rationalize the procedure for purchase of stores required by the State Government Institutions, Government companies and State Government undertakings, as would appear from the preamble thereof.
(3.) Section 2 (d) of the 1989 Act defines "state Board" to mean the Assam State stores Purchase Board constituted under section 3 of the 1989 Act. "small Scale industry" has been defined in Section 2 (f) to mean 'an industrial unit in which the capital investment for plant and machinery does not exceed thirty five lacs of rupees or any other amount as may be decided by the central Government from time to time and located in the State of Assam. "registered industry" has been defined in Section 2 (1) to mean an industrial unit registered under the Directorate of Industries in accordance with provisions thereof. "requiring authority" has been defined in Section 2 (r) to mean the State Governments Departments and their subordinate authorities, State government Undertaking/ Corporation/ statutory Bodies/ Autonomous Bodies. Section 2 (s) defines "asidc" to mean the assam Small Industries Development Corporation Limited (for short "the Corporation", the appellant herein).;