Notwithstanding anything contained elsewhere in this Act, the provisions of-

(a) section 39 and the rules made thereunder shall, in respect of a newly set up small-scale industrial unit which starts production of goods for the first time on or after the first day of January 2000,

(b) section 40 or section 41 and the rules made thereunder, shall in respect of a newly set up industrial unit which is established and commissioned on or after the first day of January 2000, or in respect of an existing industrial unit which starts commercial production in its expanded portion on or after the first day of January, 2000, as the case may be,

(c) section 42 shall, in respect of a closed industrial unit which is rehabilitated or revived on or after the first day of January 2000, and

(d) section 43 shall, in respect of a sick industrial unit which is rehabilitated or revived on or after the first day of January 2000,

cease to apply with effect from the first day of January, 2000:

PROVIDED that subject to the restrictions and conditions as the state Government may from time to time specify by notification, the provisions of this section shall not apply :-

(i) in the case of newly set up small-scale industrial units in West Bengal which are registered with the Directorate of Cottage and Small Scale Industries, Government of West Bengal, on or before the date of coming into force of the West Bengal Sales Tax (Amendment) Act, 2000 ;

(ii) in the case of newly set up industrial units in West Bengal, other than those referred to in clause (i), or expanded portion of existing industrial units in West Bengal, which are registered under the West Bengal Incentive Scheme, 1993 or the West Bengal Incentive Scheme, 1999, with the Directorate of Industries, Government of West Bengal, or with Directorate of Cottage and Small Scale Industries, Government of West Bengal or with the Directorate of Tourism, Government of West Bengal on any date before the first day of January, 2000 or

(iii) in case of sick or closed industrial units in West Bengal -

(A) where any scheme relating to revival or rehabilitation of such industrial units has been sanctioned by the Board for Industrial and Financial Reconstruction (BIFR) established under the sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), on any date before the first day of January, 2000 or,

(B) where the Industrial Reconstruction Department, Government of West Bengal, has recommended in favour of such industrial units assistance under the West Bengal Incentive Scheme, 1993 or, the West Bengal Incentive Scheme, 1999, to the Directorate of Industries, Government of West Bengal, on any date before the first day of January, 2000:

PROVIDED FURTHER that where the State Government considers it necessary so to do in the public interest, it may, in respect of any industrial unit referred to in clause (a), clause (b), clause (c) and clause (d) of this section, bring into force the provisions of section 39 or section 40 or, section 41, or section 42 or section 43 and the rules made thereunder, retrospectively or prospectively, with effect from such date as the State Government may, by notification, specify and different dates may be specified for different provisions as aforesaid.

EXPLANATION.- For the removal of doubt, it is hereby declared that a newly set up small-scale industrial unit, or a newly set up industrial unit, or an exiting industrial unit for its expanded portion or a sick or closed industrial unit after being rehabilitated or revived which has enjoyed or has been entitled to enjoy, before the first day of January, 2000, the benefit of tax holiday under section 39 and the rules made thereunder, the benefit of deferment of payment of tax or remission of tax under section 40, or section 41, or section 42, or section 43 and the rules made thereunder, as the case may be, shall continue to enjoy, or shall continue to be entitled to enjoy, such benefit in accordance with such provisions.