“6. Procedure of Council or District Council in respect of reference.- (1) An aggrieved Micro and Small Enterprise supplier registered within the State of Haryana, may move reference to the Council or District Council, as the case may be, in Form-I with interest calculation in Form-II alongwith supportive documents and soft copy of the reference. The reference shall be accompanied with fees of rupees three thousand five hundred i.e. one thousand rupees towards application fee and two thousand five hundred rupees towards administrative expenses by way of demand draft/ Cheque/ NEFT in favour of the Chairperson of the Council or District Council, as the case may be. An aggrieved Micro and Small Enterprise supplier shall also submit an undertaking in Form-III to the extent that he has not moved a reference before any Civil Court on the same dispute. The aggrieved Micro and Small Enterprise supplier shall also simultaneously send a copy of the reference along with complete set of documents to the buyer or buyers against whom the reference is made.
(2) Upon receipt of reference from the Micro and Small Enterprise supplier, the Council or District Council, as the case may be, shall enter the data in the official web portal created for this purpose.-
(3) After entering the data, acknowledgement of the receipt of reference shall be issued by the Council or District Council, as the case may be, to the Micro and Small Enterprise supplier through digital mode of communication.
(4) The Council or District Council, as the case may be, shall examine the reference at preliminary stage to check regarding fee or competency of Micro and Small Enterprise supplier to file the reference. In case the particulars entered in the reference are not found as per provisions of the Act or rules made thereunder, the Council or District Council, as the case may be, shall give an opportunity to the said supplier with the request to supply the requisite information/documents within such period as specified in the notice. If the supplier fails to supply the above said information/documents within specified period to the Council or District Council, as the case may be, then the reference shall be returned in original without taking further necessary action.
(5) The Council or District Council, as the case may be, shall, if satisfied with the facts stated in the reference that the Micro and Small Enterprise Supplier is entitled to make a reference under the provisions of the Act or rules made thereunder, shall issue a notice to the respondent alongwith a copy of the statement of claim and other documents attached to the reference by registered post or any digital mode of communication, asking him to furnish a response to the said reference within fifteen days of receipt of the said notice alongwith fees of two thousand five hundred rupees towards the administrative expenses by way of demand draft/ Cheque/ NEFT in favour of Chairperson of the Council or District Council, as the case may be.
(6) The Council or District Council, as the case may be, shall take action in the reference as per provisions specified in sub- section (2) of section 18 of the Act. The notice shall be issued to the parties through speed post or any digital mode of communication.
(7) If the reference is sent by the Council or District Council, as the case may be, to any institution, the said institution shall make efforts to bring about conciliation and shall submit its report to the Council, or District Council, as the case may be, within fifteen days of sending the reference or within such period as maybe specified by the Council or District Council, as the case may be.
(8) Where conciliation initiated under sub-rule (7) is not successful and stands terminated without any settlement between the parties, the Council or District Council, as the case may be, shall take-up the dispute for arbitration as per the provisions specified in sub-section (3) of section 18 of the Act. The notice shall be issued to the parties through speed post or any digital mode of communication.
HARYANA GOVT. GAZ. (EXTRA.), JULY 17, 2023 (ASAR. 26, 1945 SAKA) 1873
(9) If the matter is referred to the institution, the institution shall arbitrate the issue as per provisions of the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996) and refer the award to the Council or District Council, as the case may be.
(10) The Council or District Council, as the case may be, shall conduct its proceedings through physical appearance or video conferencing as deemed fit.
(11) The Council or District Council, as the case may be, shall consider the arbitral findings/reports and recommendations and pass appropriate final award/ order in the matter.
(12) The Council or District Council, as the case may be, may appoint/ or engage the services of one or more experts in terms of section 26 of the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996) for taking assistance while conducting the proceedings.