Section 5 in The Chhattisgarh, Micro and Small Enterprises Facilitation Council Rules, 2006
5. Procedure to be followed.
(1)Applicant make a reference to the Council under Section IS of the Micro, Small and Medium Enterprises Development Act. 2006.(2)The amount due from a buyer together with the amount of interest calculated in accordance with Section 16 of the said Act shall be recoverable by the supplier from the buyer by way of a suit or other proceedings under any law for the time being in force. Supplier shall contain full particulars of the supply and its status, supplied goods or services, terms of payment, if any, agreed between the supplier and buyer, actual payment received with date etc., in the application.(3)Any party to a dispute may file an application to the Council in the form appended to these rules stating the facts supporting his claim, the points at issue and the relief or remedy sought in person or by any agent or by registered post with acknowledgment due addressed to the Secretary of the Council.(4)The application shall be presented in duplicate.(5)The applicant will have to pay such application fee as prescribed by State Government from time to time.(6)Where the number of respondents is more than one, as many extra copies of the application as there are respondents, shall be furnished by the applicant.(7)If on scrutiny, the application is found to be in order it shall be duly registered and given a serial number.(8)It the application on scrutiny is found to be defective and the defect noticed is formal in nature, the Chairman may allow the applicant to rectify the same in his presence and if the said defect is not formal in nature the Chairman may allow the applicant such time to rectify the defect as he may deem fit. The time of rectification shall not be more than 15 days.(9)If the applicant fails to rectify the defect within the time allowed under sub-rule (7) the Chairman may by order and for reasons to be recorded in writing decline to register the application and inform the applicant accordingly in writing.(10)After registering the case, Council shall issue a notice to the non-applicant accompanied by a copy of the application filed by the applicant.(11)If the respondent refuses to take notice I hen such refusal shall be endorsed in the notice by the person serving the notice and it shall be deemed to have been served on the respondent.(12)Each respondent intending to contest the application shall file in duplicate the reply of the application to the Chairman of the Council within 15 days of the service of the notice of application on him.(13)In reply, the respondent shall specifically admit, deny or explain the facts stated by the applicant in his application and also state such additional facts as may be found necessary tor a just decision in the case.(14)The Council may allow filing of the reply after the expiry of the prescribed period.(15)The parties may submit with their statement all documents which they consider to be relevant or may add a reference to the documents of other evidence.(16)Either party may amend or supplement the claim or defence during the course of the proceedings unless the Council considers it inappropriate to allow such amendment or supplement.(17)The Council shall decide whether to hold oral hearing for the presentation of evidence or for oral argument or whether the proceedings shall be conducted on the basis of documents and other materials :Provided that the Council shall hold oral hearing at an appropriate stage of the proceeding on a request by a party unless the parties have agreed that no oral hearing shall be held.(18)The parties shall be given sufficient advance notice of any hearing and of any meeting of the Council.(19)Where without sufficient cause a party fails to appear at an oral hearing or to produce documentary evidence, the Council may continue the proceedings and make (he award on the basis of evidence before it.(20)The Council shall either itself conduct conciliation in each reference placed before it or seek the assistance of any institute or centre providing alternate dispute resolution services by making a reference to such an institution or centre, for conducting conciliation. The provisions of Sections 65 to 81 of the Arbitration and Conciliation Act, 1996 shall apply to such a reference as if the conciliation was initiated under Part III of the Act.(21)The Council or the institute to which it has been referred for conciliation shall require the supplier and the buyer concerned to appear before it by issuing notices to both parties in this behalf. On the appearance of both parties, the Council or the institute shall first make efforts to bring about conciliation between the buyer and the supplier. The institute shall submit its report to the Council within fifteen days of reference from the Council or within such period as the Council may specify.(22)When such conciliation does not lead to settlement of the dispute, the Council shall either itself act as an Arbitrator for final settlement of the dispute or refer it to institute for such arbitration, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The supplier or the buyer may, either in person or through his lawyer registered with any Court, present his case before the Council or the institute during the arbitration proceedings. The institute shall submit its report to the Council within such lime as the Council may stipulate.(23)The Council shall make an arbitral award in accordance with Section 31 of the Arbitration and Conciliation Act, 1996 and within the lime specified in sub-section (5) of Section 18 of the Act. The award shall be stamped in accordance with the relevant law in force.(24)The provisions of Sections 15 to 23 of the Act, shall have effect notwithstanding anything inconsistent therewith contained in any other law for the lime being in force.(25)The Chairperson or any other officer authorised by the Chairperson shall forward the proceedings of every meeting of the Council including annual progress report of the Council to the Member Secretary of the Advisory Committee.
