Section 5 in Rajasthan Micro and Small Enterprises Facilitation Council Rules, 2018
5. Procedure to be followed in the discharge of functions of the Council.
(1)Any aggrieved party may move a reference to the Council having jurisdiction of the area in the Form appended to these rules along with proof of payment of fee. The fee shall be such as may be determined by the State Government, from time to time. The reference must have the Entrepreneur Memorandum Part II /Udyog Aadhar Memorandum (UAM) number, mobile number and email address of the aggrieved party.(2)Upon receipt of references under sub-rule (1), the Secretariat of the Council shall get enter the data in the web portal created for this purpose.(3)After entering the data, acknowledgement of the receipt of reference shall be issued by the Secretariat to the applicant through email.(4)The Council may examine the reference at preliminary stage to check regarding payment of tee and competency of applicant to file the reference.(5)In case if the reference or the particulars entered in it are not found to the satisfaction of the council it may return the reference.(6)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.(7)The Institute to which the issue is referred makes efforts to bring about conciliation and it shall submit its report to the Council as soon as possible, usually within 15 days from reference referred to the institute.(8)The Councilor a party to the dispute with the approval of the Council, may apply to the Court under section 27 of the Arbitration and Conciliation Act, 1996.(9)Where the conciliation is not successful and stands terminated without any settlement between the parties, the Council shall either itself take up the dispute for further action, i.e. arbitration or refer it to an 'institute' for the same.(10)If the matter is referred to the 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.(11)The Council after finalising the award, or receiving the award from the Institute shall consider the case and pass appropriate final orders in the matter.
