Section 8 in Jammu and Kashmir Micro and Small Enterprises Facilitation Council Rules, 2017
8. Procedure to be followed in the discharge of functions of the Council.
(1)An aggrieved MSE unit can move a reference to the Council having jurisdiction of the area in the format provided in Schedule-I to these rules. The reference must have the Udyog Aadhaar Memorandum (UAM) provided in Schedule-I.(2)Such references should be attached with fee or processing charges as notified by the Government as per rule 3(4) above and with an undertaking from aggrieved MSE unit that it has not moved a reference before any Civil Court regarding the same dispute.(3)Upon receipt of references from the Supplier MSE unit, the Secretariat of the Council shall enter the data in the web portal created for this purpose.(4)After entering the data, acknowledgement of the receipt of reference shall be issued by the Secretariat to the applicant MSE unit through registered post including e-mail & SMS.(5)The Council shall examine the reference at preliminary stage to check the fee or competency of MSE unit to file the reference.(6)In case, the reference or the particulars entered in it are not found to the satisfaction of Council, it may return the reference.(7)The Council shall either itself conduct conciliation in the matter or seek the assistance of any institute for conducting the same and if it decides to do so, shall refer the parties to the institute.(8)The institute to which the issue is referred shall make efforts to bring about conciliation between the parties and shall submit its report to the Council as soon as possible, preferably within a period of 15 days from the date of reference.(9)Where the conciliation between the parties does not lead to settlement of the dispute, the Council shall either itself take up the dispute for further action, i. e. arbitration or refer it to an "Institute" for the same in terms of Jammu and Kashmir Arbitration and Conciliation Act, 1997.(10)If the matter is referred for arbitration, the institute shall arbitrate the issue as per the provisions of Jammu and Kashmir Arbitration and Conciliation Act, 1997 and refer the award to the Council.(11)The Council after finalizing the award or receiving the award from the institute shall consider the case and pass appropriate final orders in the matter.
