Section 5 in Jharkhand Micro, Small and Medium Enterprises Development Rules, 2017
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 alongwith 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.(C)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.(E)If the context or the details recorded in it are not found satisfactory by the Council, then the reference can be rejected.(F)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.(G)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.(I)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.(J)The Council after finalising the award or receiving the award from the institute shall consider the case and pass the appropriate final order in this matter.(K)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.
