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4100 · /05-4l3a(.fa:)-04/2017-3.*T va)%,fa -- Micro, Small and Medium

2 · Definitions: In these rules, unless the context otherwise requires. (a) *Act> means The Micro, Small and Medium Enterprises Development Act-2006 (27 of 2006) (b) "Section " means the section of the act "Arbitration and Conciliation Act means Arbitration and Conciliation Act; 1996 (26 of 1996) sCouncil means Micro, Small Enterprises Facilitation Council (MSEFC) set up by Government of Jharkhand, under the provision Section 20 of Act: {nstitute means any institution or center; which provide alternative dispute resolution service referred to in sub-section (2) and (3) of section 18 of the Act: "Chairman" means the chairperson of the Micro and Small Enterprises Facilitation Council appointed under the provisions of sub-section (1) of section 21 of the Act: 'Member means member of the Council. (h) sState Government means Government of Jharkhand.

4 · Structure of Micro and Small Enterprises Facilitation Council under _Section 2 and Section 21(1)of MicroSmall and Medium Enterprises Development Act,_2006

5 · Procedure adopted in the execution of the functions of the Council: (A)An aggrieved micro or small enterprises supplier will submit their reference in the application form with the complete details of UAM (Udyog Aadhar Memorandum), mobile no. e-mail id along with full detail of the buyer and its enterprise, material Or service supplied, the fixed time limit for payment between supplier and buyer, mentioning the complete statement of outstanding amount and interest calculated in accordance with section 16 of the Act, which shall be submitted through the affidavit with non-judicial stamp (Non Judicial court fee stamp) of Rs: 20.00 (twenty) affixed or attached: It would be clearly mentioned in the affidavit that no lawsuit is pending before the Civil Court related to this dispute. B) On receipt of the reference, data regarding the applicant and the defendant will be filed by the office of the Council on the MSME Portal maintained by the Government of India After entry of data, the acknowledgment receipt will be sent to the applicant immediately through mail or SMS by the council office. (D) After satisfaction, by verifying the fee, fixed stamp, company identification, regarding micro, small, enterprises, Udyog Aadhar memorandum, etc. submitted with reference received by council office, it will be placed before next Council meeting: If the context o the details recorded in it are not found satisfactory by the Council, then the reference can be rejected: The Council shall either itself conduct conciliation in the matter or seek the assistance of any institute for conducting the conciliation and if it decides to do SO, shall refer the parties to the institute. The institute to which the issue is referred make effort to bring out conciliation and it shall submit its report to Council as soon as possible within 15 days from reference to the council: H) Where the solution is not successful and decision terminated without any settlement between the parties, the Council shall either itself take up the dispute for further action, i.e,, arbitration or refer to an institute for the same_ If the matter is referred to an institute, the institute shall arbitrate the issue as per the provisions of the Arbitration and Conciliation Act; 1996 and refer the award to the Council: The Council after finalising the award O receiving the award from the institute shall consider the case and pass the appropriate final order in this matter: The provisions of section 15 to 23 of the Act shall be effective even if anything is inconsistent with the other effective at the time.

6 · Council meetings and quorum: (i) The meeting of the Council shall be ordinarily held after giving seven days notice. (ii) However; in the case of urgency, it can be called as such a short notice, as the Chairman may find suitable.

7 · Decisions of the Council: 1) Any decision of the council shall be made by a majority of its members present in the meeting of the council: (ii) In relation to each reference made under section 18 of the Act; the decision will be made within 90 days of receiving such reference (iii)No application for setting aside any decree, award Or other order made either by the council itself or by any institution or centre providing alternate dispute resolution services to which a reference is made by the council, shall be entertained by any court unless the appellant (not being a supplier) has deposited with it seventy-five percent of the amount in terms of the decree, award O, as the case may be the other order in the manner directed by such court:

8 · The amount of the claim recovery like the land revenue arrear: If the purchaser does not appeal under Section 19 of the Act against the award of the Council O the Institution, or the appeal has been rejected, then the declared awardees can apply for recovery to the Collector of the respective district and the Collector will recover the amount as like land revenue arrear: In other circumstances, the awardees can file a lawsuit in a competent court:

9 · According to process spelt out in the Act, the council shall inform the status report to the Member Secretary of the National Board of Micro, Small and Medium Enterprises from time to time.

10 · Reference Process Charges: 1% of the amount claimed by the supplier regarding the delayed payment will be deposited in the form of fees, which will be minimum Rs. one thousand rupees and maximum of five thousand rupees. 11. State Government will fix honorarium to the Council members. 12. Plant Level Advisory Committee