NOTIFICATION p.l. Ii PM.(M) .
I; I'Q_ --I' ;: SUPDT. CflANDIGAIUI ,\DMINI~TIlATION I' .. flOME DEI'AllTMICNTI _~ ! IWt· JI-·hl.·li I:
lVIicl'O, Smull ;lIId MediullI ElIlCl'l'l'iscs J)C"c!OpIllCII( Act, 2006 (27 of 2006), :lIHI ill supersession of carliet' Rules issued vide 110. 4/1176·Part 1-IIII(J).20 12/12605 dated 25.06.2012. the Administr<ttor of Union Territory, CllIUldigarh is hereby plensed to make the following rules for fncilitaling the working of i\,lil.:ro and Small Enterprises Facilitation COllllCil/s (MSEFC/s):
P:II'licul:ll'S l. Short title and cOllllllencemenl:
(i) These rules may be called the Chandigarh, Micro aud Small Enterprises facilitation Council Rules, 2017.
(ii) They shall extend to the whole of Union Territory orChandigarh.
(iii) They shall come into roree rrom the date or their Publication in the Orneia' Gazelle or Chandi ·arh.
2. I)cfinifiolls: In these rules. unless the context otherwise requires·
(i) "Acl" means the Micro, Small and MediulIl Enterprises Development Act, 2006 (27 or 2006);
(ii) "Arbilralion and Concilialion Acl" means 'he Arbitration and Conciliation Act. 1996 (26 of 1996),
(iii) "Council" means the Chandigarh, Micro and Small Enterprises Fncilitatioll CoullciL established by the Union Territory of Cbctl1digarh under section 20 of the ACI;
(iv) "Ch:liqICI"Son:' lllCallS the C:l<lirpt:130n vf' the Counc:! ;;.ppci;i:e(! ~l:,:~!c>r ~!"lIs,;;": C) ·~r ~~d'l section (I) of section 21 of the Act;
(v) "GOVCI'IUIlClit" lllellns the Government of Union Terrilory of Chandigarh. in the Ocpal1mellt of Industrics/MSME.
(vi) "AdJllinistJ'ntol''' means Administrator of the Union Territory of ChandigarlJ. All reference to Govcrnmenl hereinafter shnll, in lhc CClse of Ill'" Union Territory orChandigarh Illcanlhc Administrntor.
(vii) "Institute" means any institution or centre providing (lltcmate dispute resolution service referred to in sub·sectiol1 (2) and (3) of section IS of the Act.
(viii) "Member" means a member of the Council;
(ix) "MSE ullil" means a micro or small enterprise as per the provisiolls of Act.
(x) "SecOoll" means (J section of tile Act;
(xi) The words and expressions used and not defined, but in the Act shnll have (he me'oilings assigned to them in the MSMED Act, 2006.
3. Settillg lip oUlle MSEFC
(i) The Government shall establish al least aile Micro & Small Enterprises Facilitation Coullcil (MSEFC). However. if the work so demands, it can also set up morc MSEFCs exercising sllchjurisdiction <'lJId for such nrea as may be specified illihe Notification.
(ii) The Government lJ)[)y also give secretariat assist~lI1ce to MSEFC so appointed. 11 may also designate somc official of the Secretariat to work as the SecrelalY to the Council who call be empowered by MSEFCs to is!;ue notices or orders 011 belw.lf of the Coullcil.
(iii) The Governmenlmay provide a legal expert to assist the Council.
(iv) The rce and/or processing charges to be paid while filing applicatioll 10 tile Coullcil sh111 b::::
0.1 pCI' ccnl of submitted tOlnl claim or Rs. 2500/· whichever is higher.
(v) The Secretarinf for Council may have its own seal.
4. Mauller of appointment of Chairperson:
The Government shall appoint Director of Industries Department as Chairpersoll of lhe Council keeping iil view the provisions as exist in Sub-Clt\llse (i) of Clause (1) of Section 21 of the Act.
However, allother senior officer car~ also be desigllatcd as Director or Industries for a limited purpose of being tile Chnirperson of the Council.
5. M:Hlllcr of Appointmell( illid Tcrlll of MCIII!Jr.rs of MSEFC j
(i) The MSErC shall consist or !lot Icss than 3 but not lIlore lh:lll :j llH.;mbers, i:icludinE .tht~ Chair )erSOll. _ , Scanned by Cam~canner
(v)
(ii) Members shall be appoirJled as )cr r .. ". .... .
of Seclion 21 oflhe Act. I P OVls'ons ofCla"se (II), (,") nnd (IV) of Sub-Section (I) ( iii) A member appointed under chu ' . C .'. .
ceasetobcamemberoflhe • s~s..IJ), (Ill) and (IV) ofsub·seclion(f) of section 21 shall which he or she ~ouncJIII he or she ceases 10 represent the category or interest in was so appolllied.
(iv) When a member of the c ·1 d· '. ..
fro ffi DlmCI les or resIgns or IS deemed 10 have rcslgned or IS removed m 0 Ice or becomes incapable f .
another pe 5 I fill I a actllJg:ls a mcmber, the Government may appoint r 011 a I t lat vacancy.
Any member of thc Co·, .. . unCI Illay resign from the COl/ncil!.>y tendering onc month's notice in wntlllg fo the Govern t TI tl G men. Ie powcr to accept the rcsignafion of a member shall vest in 1e IQvernment.
(vi) The lerm of membe f MSEFC . .I I ". rs 0 • shall be 5 years and the Secretary Industnes/Dlrector Il{ lISlnes IS compelelll 10 I· I . . .0<1. 5re ICVC t Ie said member who has complered the S<11d pen I.C.
(vii) ~.~ar~and thereaflcrt appoilllment of new member shall follow.
IC . ovc:l1menf IIlny removc allY member from office:- ~) ~f he IS of ullsound mind and siands so declared by a compelent court; or ) ~fhc ~ecomes bankmpf or insolvent or suspends payment to his creditors; or c) If he IS convicled of any ofTellce which is punishable under the Indian Penal Code (Act XLV of 1860), or d) if he abstains himself/herself from threc conseculive meetings of the Council without the leave of tile Chairperson, and in any case from five conscclllive mceting; or e) acquires such financial or other intercst as is likely, in the opinion of the Government, to afTect oreiudiciallv his fUllctions as a mcmber.
6. Honol";lrium fo thc Mcmbers ofthc Council:
The remuneration, honorariulll or fees and :lny allow:ll1ces thaI may be paid to the members shall be at rates as approved/notified by the Govcrnment.
7. Procedure 10 bc followed ill Ille disclml'ge of funclions of tile COllucil-
(i) All nggrieved MSE IIl1it can move a referellee 10 the MSEFC hnvillgjurisdiclion of the nrcn in the fOffililt provided as Schedule I of Ihese mles. The reference J11USl have the Udyog Aadhar Mcmorandum (UAM) number, mobile number and email address of aggrieved MSE unit as provided in Schedllie I.
(ii) Such refcre:~ces ShOl:ld be attached with fee or processing charge.. (I" notified hy the Government. vide pam 3 (iv) above and with an undertaking from aggrieved MSE ullit thai it has 1l0tl11oved a reference before the Civil Court on the same dispute.
(iii) Upon receipt of references from the supplier MSE unit, the Secretariat of the Council shall enter the data in the web portal crealed for this purpose.
(iv) After entering the data, acknowledgemelll of the receipt of reference shall be issued by the Secretarial to the applicant MSE unir through email.
(v) The Council may examine the reference at preliminary stage 10 check regarding the fce or competency of MSE unit to file the reference.
(vi) In case if the rcfercnce or the particulars entcred in it arc not found to the satisfaction of Council, it may return rhe reference.
(vii) The Council shall either itself conducl conciliation ill the mattcr or seek the assistance of any institure for conducting the conciliation and if it decides to do so, shall refer the parties to the Institute.
(viii) The Institute to which the issue is referred will make efforts to bring about conciliation and it shall submit its Report to the Council as soon as possible, usually within IS days from reference to the Council.
(ix) Where Ihe conciliation is not successful and stands femlinated without any settlement betwecn the p~H1ies, thc Council shall either itself take lip the dispute for further action. i.e, arbitration or refer it to an 'institute' for Ihe same.
(x) If the matter is referred 10 the inslitute, the institute shall arbitrate the issue as per the provisions of Arbitration and Conciliation Act, 1996 and refer the award to the Coullcii.
(xi) The Coullcil aller finalising the award, or receiving the award from the Institute shall consider dIe case and OilSS alJorooriatc final orders in the mattcr.
8. Meetings of the Council and Quorum:
(i) The meeling oflhe Council shnll be ordinnrily held nller giving seven dnys notice.
(ii) However, jn case of urgency, it can be called at such shOl1 notice as the Chairperson may find suilable.
(iii) Allihe nOlieesl communication for Ihe meeling shall be informed 10 Ihe petitioner including through SMS aud emni/.
(iv) The Council shnll hold regulnr meetings, m IC.1S1 once n month.
(v) The quorum of meeting will be two ill case if the number of members is three or four, and it will be three if the number of members is five.
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9. Decisions of the MSSEE:r.F'CC;------------------------,
(3) Any decision of the Council I· /I I . .
orthe Council. S 1,1 1C made by a majority of its members present at lhe mecllllg
(b) Every reference made unde S . .
days from th d' . r ectlon 1810 the MSEFC shalt be decided within a period of lllllCly ( ) TI S ~ ute of makll1g such a reference. - c 1e dcc:etarl13t shall upload the proceedings of every meeting of the Council 011 tile web por1al crenlc lor llc purpose.
(d) No application ror selt" ·'1 d '. .
'. . IIlg e1SI( C [lny ccree, award or other order made eIther by the Council Itself or by any lIIslitulioll o' t· . I' 1 . I' . 1. I. I cen Ie praVI( rng 11 ternale dispute reso u1l0n services 10 Wlie 1 a ~e~erence IS n~adc by Ihe Council. shall be clltcI1aincd by any COUlt unless lhe appellant (not el~g a, supplier) has deposited with it seventy-five per cont of the llmount in torms of the declee, ..ward or, the other order, ns lhe cnsc mny be in the mAnner directed bv such court.
10, Pr-ogrcss Repo," '
(i) The Council shall upload the basic infonnation including the annual progress report of the COUllcil. 011 the web portlll crentcd for the purlJOse.
( ii) TI C1e ollncil shall provide information to the Member Secretary of the National Board for Micro, Smnll and Medium Enterprises 115 defilled in the Act in the lllel1lner and form r_-;-;--;:;-_.2r-'!c~ui~re~d~rr£llol11 time to time.
11. Rellloval of difficulties
(i) All the proceedings initiated as per earlier Rules shall continue IInabated.
(ii) Irany difficulty arises during the course of implementation of these Rules, the same Sh11/1 be clarified by the Central Government.
Chandigarh dated the Ends!. 'o.4/i176(Part-II)-1I11(6)-20J 8/ Ajoy Kumar Sinha, lAS Secretary Industries, Chandigarh Administration Chandigarh, dated Ihe A copy is forwarded 10 th~ Controller, Printing &.. Sta:ior,c(y. Union T:.:rritorJ·, Chandigarh with the request that this notification may be published in the Chandigarh Administration, Gazelle (EXIra ordinary) and 30 copies theirof be supplied to this Administration for official lISC.
Ends!. o.4/1/76(Part-iI)-H11(6)-2018/ ~J\.-1 Additional Secretary Industries for Secretary Industries, ~!landigarh Administration ~handigarh, dated the A copy is forwarded to the Additional Secretary & Developmcnt Commissioner, Micro, Small and Medium Enterprises, Nirman Bhawan, New Delhi, w....t. leiler No. 1(4)/20 15-MSME Pol.
daled 13.06.2017 for infonTlation and necessary aclion.
~s!. No.411176-(Part-fl)-HiI(6)-2018ly lID ~(J'-f Additional SJeretary Industries for Secretary Industries, Chandigarh Adminislration t-- Chandigarh, dated the~ -0 9.r"'1 ~ A copy is forwarded to the Director Induslries, Uuion Territory, Chandigarh for information and necessary action.
....-, Scanned by CamScanner ~-'~ Additional Secrelary Industries for Secretary Industries, Chandigarh Administration il- ;,/