(1) The supplier Micro Small Entrepreneurs (MSE) unit may submit its reference online at Samadhan portal https://samadhaan.msme.gov.in and has to submit hard copy of the uploaded reference in the Secretariat office of the respective Council within thirty days, failing which the Council may, citing sufficient reasons, reject online application after a lapse of thirty days period.
(2) The supplier Micro, Small Entrepreneur unit may submit a reference directly to the Council having jurisdiction of the area in the format provided 'Form-I' in the Secretariat office of the Council together with Udyam Registration number or Udyog Aadhar Memorandum, mobile number and email id.
(3) The reference/application delivered in the Secretariat office shall be acknowledged and uploaded on the portal.
(4) The Council may require any petitioner supplier to provide any better statement or particulars of claim or any further documents in support of the claim as it may consider necessary for the purpose of the proceedings, and if the petitioner supplier fails or omits to do so within thirty days of the receipt of any such communication or with in such further time as the Council may for sufficient cause allow, the Council may terminate the proceedings without prejudice to the right of the petitioner to make any fresh reference if he is otherwise entitled so to do. The Chairperson shall cause the buyer to furnish his detailed response to the reference.
(5) Such references shall be accompanied with facilitation charges as per rule 6 or as notified or amended by the Government from time to time.
(6) Each reference must be accompanied with an undertaking that the supplier or petitioner has not filed a reference or petition before any Civil Court in the same dispute.
(7) Upon receipt of reference from the supplier, the Secretariat of the Council shall enter the data in the web portal created for the purpose.
(8) After entering the data, acknowledgment of the receipt of reference shall be issued by the Secretariat to the applicant Micro, Small Entrepreneur unit through mail.
(9) On receipt of a reference under section-18, the Chairperson shall ensure that reference received within two weeks of the date of the last preceding meeting of the Council is examined and, if found in order, is placed for consideration of the Council at its next immediate meeting. The Council shall, if it is satisfied that on the facts stated therein, it has jurisdiction to proceed with the reference and that the petitioner is entitled under the Act to make reference, cause a copy of the statement of claim to be sent by registered post to the respondent along with copies of the attached documents and issue notice in Form 2 asking him to furnish within fifteen days of receipt of the reference by the buyer or within such further time not exceeding fifteen days, as he may, for sufficient cause allow, a response to the reference in Form 3 with such documents and facts in support of his defence or having bearing on the matter under reference.
(10) The mode of service of notice to parties shall be as per law.
(11) The Council shall either itself conduct conciliation in the matter or seek the assistance of any institute for conducting the conciliation or may form sub-committee involving the Heads of the concerned Industrial associations with at least one member of the Council.
Section 21
(3) PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 23, 2021 (ASVN 1, 1943 SAKA)3294
(12) The institute or sub-committee after conducting the conciliation shall submit its report to the Council within a period of fifteen days.
(13) Where the conciliation 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 it to an 'institute' or centre providing alternate dispute resolution services for such arbitration and the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall then apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of section 7 of the said Act. If the matter is referred to the institute, the institute shall arbitrate the issue as per the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) and recommend the award to the Council.
(14) The Council shall make an arbitral award in accordance with section 31 of the Arbitration and Conciliation Act, 1996 (26 of 1996) within the time specified in sub section (5) of section 18 of the Act. The award shall be stamped in accordance with the relevant law in force. Copies of the award shall be made available within seven days of filing of an application.