(1) The subordinate staff of the Council shall be provided by the Directorate of Micro, Small and Medium Enterprises, Haryana or the same may be engaged as per outsourcing policy of the State Government.
(2) Allowances payable to the non-official member and administrative expenses including salaries and allowances etc. payable to the subordinate staff of the Council shall be met out from the consolidated fund of the State provided to the Directorate of Micro, Small and Medium Enterprises, Haryana.
Subordinate staff of Council.
3754 HARYANA GOVT. GAZ. (EXTRA.), NOV. 9, 2021 (KRTK. 18, 1943 SAKA) Recovery. 10. If a buyer does not file any appeal under section 19 of the Act to set aside any award or other order either made by the Council itself or by any institution or if such appeal filed by the buyer is dismissed, in that case such decree/ award or other order passed by the Council or institution shall be executed by Collector of the District Concerned where the property of the buyer is located and the amount due shall be recovered as an arrear of land revenue.
Progress report. 11. (1) The Council shall upload the basic information related to its working including the annual progress report of the Council on the official web portal created for the purpose.
(2) The Council shall provide information to the Member Secretary of the National Board for Micro, Small and Medium Enterprises as defined in the Act in the manner and form as required from time to time.
Power to interpret.
12. During the course of implementation of these rules, if any difficulty arises in interpretation of any provision of said rules, the power to interpret shall lie with the State Government.
Repeal and savings.
13. The Haryana Micro and Small Enterprises Facilitation Council Rules, 2007 are hereby repealed :
Provided that anything done or any action taken under the rule so repealed shall be deemed to have been done or taken under the corresponding provisions of these rules:
Provided further that all proceedings initiated under the repealed rules shall continue unabated.
HARYANA GOVT. GAZ. (EXTRA.), NOV. 9, 2021 (KRTK. 18, 1943 SAKA) 3755 FORM-I [see rule 6(1)] To The Chairperson Haryana Micro and Small Enterprises Facilitation Council Panchkula Subject: Reference under Section 18 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006.
I am authorized representative of M/s -----------------------------. This firm is a micro/ small unit as per provisions of MSMED Act, 2006. This unit had supplied the goods/ services to M/s ---------------------------------, but it has not been paid as per provisions of Section 15 of MSMED Act, 2006. I, therefore, aggrieved with the buyer, wish to file a reference. The information pertaining to case is as under:
1. Udyog Aadhar No./ Udyam Registration No.:
(Proof to be attached) Note- MSE may register Udyog Aadhar on udyogaadhaar.gov.in (https://udyogaadhaar.gov.in) or Udyam Aadhar on (https://udyamregistration.gov.in)
2. Haryana Udhyam Memorandum No.:
(Proof to be attached) Note- MSE may register Haryana Udhyam Memorandum on harudhyam.edisha.gov.in (https://harudhyam.edisha.gov.in/)
3. Date of filing application (DD/MM/YYYY):
4. Details of aggrieved MSE
4.1 Name of Authorized representative:
(authorization to be attached)
4.2 Name of Enterprise (supplier):
4.3 Address (including Pin code):
4.4 District:
4.5 State:
4.6 Mobile No.:
4.7 Email:
4.8 Type of aggrieved Enterprise:
Micro Small
5. Name of respondent (buyer)
5.1 Address (including Pin code):
5.2 District:
5.3 State:
5.4 Mobile No.:
5.5 Email:
5.6 Category of respondent (buyer) [CPSU/State PSU/---------]:
3756 HARYANA GOVT. GAZ. (EXTRA.), NOV. 9, 2021 (KRTK. 18, 1943 SAKA) 6 Details of information in respect of claim
(1) Details of purchase orders issued by the purchaser/Respondent with description of material/Service provided quantity and cost along with photocopies.
(2) Detailed description of mutually agreed terms and conditions between purchaser and supplier /Agreement / Contract along with stipulated delivery date.
(3) Details of Invoices/Bills raised against purchase order with particulars of material /service name, quantity and cost along with photocopies.
(4) Details of delivery challans /work completion certificates/goods receipt along with photocopies.
(5) Details of material/services acceptance, quantities and date along with photocopies.
(6) Details of paid and unpaid invoices with dates in the order of supplies.
(7) Details of completion of forty-five days and appointed day for calculating delayed payment for goods/ services supplied.
(8) Details of correspondence with Respondent for payment of outstanding dues.
(9) Details of complaints/objections of Respondent, if any, against goods supplied/services provided or any understanding between parties and proof thereof.
(10) If a complaint is received from Respondent on supplied goods and services or on mutual agreement, then acceptance of the same by Respondent buyer after rectification/ replacement with date and proof thereof.
7. Principal amount payable:
8. Interest claimed as on:
(Attach calculation sheet as per Form-II)
9. Details of fee paid:
9.1 Amount:
9.2 Mode: Cheque/ Demand Draft/ NEFT (Provide details)
10. Relief Sought
11. Any other relevant information and brief description (Case History)
12. Additional Documents to be submitted:
(a) Audited Balance Sheet and Ledger for the relevant financial years;
(b) Photocopy of Udyog Aadhaar Memorandum/ Udyam Registration Number;
(c) Photocopy of Haryana Udhyam Memorandum;
(d) Affidavit in support of application.
I hereby declare that information given above is true to the best of my knowledge. Any information that may further be required, shall be provided immediately before the concerned authority.
Signature: _______________________ Name : ________________________ Date: (Authorized signatory on behalf of aggrieved MSE) INSTRUCTIONS:
1. Claim application is required to be filed on MSME Samadhaan portal of Government of India on https://samadhaan.msme.gov.in ;
2. Printed original copy of the claim application must be submitted to the Council after fifteen days of filing claim on MSME Samadhaan portal. The claim application must be supported by an affidavit in case purchase order is oral;
3. All annexure(s) to the claim application must be self-attested;
4. List of documents duly mentioning the page number in chorological order shall be enclosed along with the claim application;
5. Copies of claim application must be in proportion to the number of the respondents along with one original copy;
6. Incomplete claim application shall not be accepted.
HARYANA GOVT. GAZ. (EXTRA.), NOV. 9, 2021 (KRTK. 18, 1943 SAKA) 3757 Form-II [see rule 6(1)] INTEREST CALCULATION Sr.
No.
Invoice/ Bill Nos.
and Date of Supply order Total amount of Invoice/ Bills indicated in Column (2) Date of receipt of Goods/ Services by Buyer Amount of Payment received with date against goods supplied/ service provided Delay Period Principal amount remaining unpaid Details of bills with bill no. and date on which interest has been claimed Invoice/ Bill Nos.
Amount
(1) (2) (3) (4) (5) (6) (7) (8) (9) Due date/ 45 days for payment, as the case may be, from the date of purchase order/ agreement or as provided in the Act for calculating the actual date of appointed day Calculation of interest on delayed/ unpaid payment in terms of Act/ agreement from the date of appointed day till the date of filing the reference before the Council Interest of Bank rate as Notified by the Reserve Bank of India Calculation of Compound interest with monthly interest as three times of the Bank Rate notified by the Reserve Bank of India (as indicated in column (12) for the period from _________ to _________ Remarks
(10) (11) (12) (13) (14) Signature: ____________ Name: _______________ Date: (Authorized signatory on behalf of aggrieved MSE) 3758 HARYANA GOVT. GAZ. (EXTRA.), NOV. 9, 2021 (KRTK. 18, 1943 SAKA) Form-III [see rule 6(1)] (Undertaking to be submitted by the claimant supplier under MSMED Act, 2006 on the letter head of the enterprise) To The Chairperson Haryana Micro and Small Enterprises Facilitation Council Panchkula Subject: Reference under Section 18 of the Micro, Small and Medium Enterprises Development (MSMED) Act,
2006.
I am authorized representative of M/s -----------------------------. This firm is a micro/ small unit as per provisions of MSMED Act, 2006. I hereby confirm that this firm has not moved any reference before any Civil Court on the present dispute.
I, hereby, declare that the information given above is true to the best of my knowledge and belief.
Signature: ____________ Name: _______________ Date: (Authorized signatory on behalf of aggrieved MSE) VIJAYENDRA KUMAR, Principal Secretary to Government Haryana, Industries and Commerce Department.
9372—C.S.—H.G.P. Pkl.