Facilitation Council

The Govt. of India had introduced an act named as "Micro, Small & Medium Enterprises Development Act-2006” (MSMED Act-2006) which provides for facilitating the promotion & development and enhancing the competitiveness of micro, small & medium enterprises. The MSMED Act-2006 also provides for establishment of Micro & Small Enterprises Facilitation Council in each State of the country to ensure the payments to MSEs which are delayed. The Uttar Pradesh Micro & Small Enterprises Facilitation Council (UPMSEFC) was constituted in accordance with provision of section 20 and 21(1) of the said Act and came into force in March 2007.

The present UPMSE Facilitation Council consists of the following members namely

1.
Director & Commissioner of Industries, Govt of UP
Chairperson
2.
Regional Director, PHDCCI
Member
3.
The Convenor, State Level Bankers' Committee, Bank of Baroda Lead Bank Office
Member
4.
Representative from UPFC
Member
5.
Additional Director Industries, Govt of UP, Kanpur
Member Secretary
6.
Indian Industries Association Mr. Tarun Khetrapal Former President
Member

The Council acts as Conciliator or Arbitrator for final settlement of the outstanding dues between the parties & meets once in a month

Relevant provisions of the MSMED Act, 2006 relating to delayed Payments to MSEs (Sec. 15 to Sec. 25 - Chapter V)

Sec. 15 Where any supplier, supplies any goods or renders any services to any buyer, the buyer shall make payment therefore on or before the date agreed upon between him and the supplier In writing or, where there is no agreement In this behalf, before the appointed day.
Provided that: In no case the period agreed upon between the supplier and the buyer In writing shall exceed forty-five days from the day of acceptance or the day of deemed acceptance.

Sec. 16

Where any buyer falls to make payment of the amount to the supplier, as required under section 15, the buyer shall notwithstanding anything contained In any agreement between the buyer and the supplier or In any law for the time being In force, be liable to pay compound interest with monthly rest to the supplier on that amount from the appointed day or, as the case may be, from the date Immediately following the date agreed upon, at three times of the bank rate notified by the Reserve Bank.`
Sec. 17 For any goods supplied or services rendered by the supplier', the buyer shall be liable to pay the amount with Interest thereon as provided under section 1.6.
Sec. 18 (1) Notwithstanding anything contained In any other law for the time being In force, any party to a dispute may, with regard to any amount due under section 17, make i a reference to the Micro and Small Enterprises Facilitation Council,
(2) On receipt of a reference under sub-section (1), the Council shall either itself conduct conciliation in the matter or seek the assistance of any Institution or centre providing alternate dispute resolution services by making a reference to such an Institution or centre, for conducting conciliation and the provisions of sections 65 to 81 of the Arbitration and Conciliation Act, 1990 shall apply to such a dispute n« if the conciliation was initiated under Part 111 of that Act.
(3) Where the conciliation Initiated under sub-section (2) Is not successful and stands terminated without any settlement between the parties, the Council shall either Itself take up the dispute for arbitration or refer to It any Institution or centre providing alternate dispute resolution services for such arbitration and the provisions of the Arbitration and Conciliation Act, 1996 shall then apply to the dispute as if the arbitration was In pursuance of an arbitration agreement referred to In sub-section (i) of section 7 of that Act.
(4) Notwithstanding anything contained In any other law for the time being in force, the Micro and Small Enterprises Facilitation Council or the centre providing alternate dispute resolution services shall have jurisdiction to act as an Arbitrator or Conciliator under this section In a dispute between the supplier located within Its Jurisdiction and a buyer located anywhere In India.
(5) Every reference made under this section shall be decided within a period of ninety days from the dale of making such » reference.
Sec. 19 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 per cent of the amount in terms of the decree, award or, as the case may be, the other order In the manner directed by such court.
Provided that pending disposal of the application to set aside the decree, award or order, the court shall order that such percentage of the amount deposited shall be paid to the supplier, as It considers reasonable under the circumstances of the case subject to such conditions as it deems necessary to impose.
Sec. 20 The State Government shall, by notification, establish one or more Micro and Small Enterprises Facilitation Councils, at such places, exercising such jurisdiction and for such areas, as may be specified in he notification.
Sec. 21(1) The Micro and Small Enterprise Facilitation Council shall consist of not less than three but not more than five members to be appointed from among the following categories, namely:-
(i) Director of Industries, by whatever name called, or any other officer not below the rank of such Director, in the Department of the State Government having administrative control of the small scale industries or, as the case may be, micro, small and medium enterprises; and
(ii) one or more office-bearers or representatives of associations of micro or small industry or enterprises in the State; and
(iii) one or more representatives of banks and financial institutions lending to micro or small enterprises; or
(iv) one or more persons having special knowledge in the field of industry, finance, law, trade or commerce
Sec. 21(2) The person appointed under clause (i) of sub-section (1) shall be the chairperson of the Micro and Small Enterprise Facilitation Council
Sec. 21(3) The composition of the Micro and Small Enterprise Facilitation Council, the manner of filling vacancies of its members and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed by the State Government.
Sec. 22 Where any buyer is required to get his annual accounts audited under any law for the time being in force, such buyer shall furnish the following additional information in his annual statement of accounts, namely:-
(i) the principal amount and the interest due thereon (to be shown separately) remaining unpaid to any supplier as at the end of each accounting year;
(ii) the amount of interest paid by the buyer in terms of section 18, along with the amounts of the payment made to the supplier beyond the appointed day during each accounting year;
(iii) the amount of interest due and payable for the period of delay in making payment (which have been paid but beyond the appointed day during the year) but without adding the interest specified under this Act;
(iv) the amount of interest accrued and remaining unpaid at the end of each accounting year; and
(v) the amount of further interest remaining due and payable even in the succeeding years, until such date when the interest dues as above are actually paid to the small enterprise, for the purpose of disallowance as a deductible expenditure under section 23.
Sec. 23 Notwithstanding anything contained in the Income-tax Act, 1961, the amount of interest payable or paid by any buyer, under or in accordance with the provisions of this Act, shall not, for the purposes of computation of income under the Income-tax Act, 1961, be allowed as deduction.
Sec. 24 The provisions of sections 15 to 23 shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Sec. 25 Notwithstanding anything contained in any law for the time being in force, the Central Government may, with a view to facilitating closure of business by a micro, small or medium enterprise, not being a company registered under the Companies Act, 1956, notify a scheme within one year from the date of commencement of this Act .

Procedure for Submitting application

The supplies unit will submit application in the prescribed application form in Six Sets along with supporting documents and affidavit as mentioned in the application form.

 

 
 
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