Are you a MSME who has been providing goods or services to clients who won't pay on time?
Don't worry, you are among a vast majority of MSMEs who are facing similar problems in India currently. The Ministry of MSME through The Micro, Small and Medium Enterprise Development Act, 2006 has laid down a framework and provision to assist MSMEs with their problem of delayed payments. The Ministry of MSME recognizes that this problem has been causing a hindrance in the growth of MSMEs and moreover the environment it creates is not favorable for business growth in India.
The Provision under the Act:
The Section 15 to Section 24 of the Micro, Small and Medium Enterpsrise Development Act 2006, lays down a provision of Delayed Payment to Micro and Small Enterprises and required the state governments to establish the Micro and Small Enterprise Facilitation Council [MSEFC] for settlement and resolution of disputes arising from non-payment or delayed payment to MSEs.
The MSEFC of the state will examine the case filed and issue directions to the buyer for payment of the due amount with interest as per the provisions laid in the MSMED Act, 2006.
Eligibility – Who can avail benefits under this scheme?
All Micro and Small Enterprises having obtained their respective Udyog Aadhar or Udyam Registration can apply for assistance.
How can you apply?
The Ministry of MSME has introduced the MSME Samadhaan Portal where the eligible MSE can file a case using their Udyog Aadhar Number or Udyam Registration Number
You can use the below link to file a case: https://samadhaan.msme.gov.in/MyMsme/MSEFC/COM_MSEFC_EntLogin.aspx
I have filed a case – what will be the next process?
After a case has been filed the following process follows:
- • The Application is sent to the respective council and it takes 15 days to take initial action on the case by the Council.
- • An online intimation will be sent to the Entrepreneur and the buyer unit by Email.
- • The Council will give an option to the Entrepreneur to mutually settle the application before registering a case. The Entrepreneur can choose to amicable settle the matter and intimate the council accordingly, if not the Entrepreneur can direct the council to register a case.
- • Upon reviewing the merits of the application the Council will take an action to register a case. If the application does not have merits the Council can reject the application too.
- • A second intimation is sent to the Entrepreneur and the buyer by SMS and Email by the council upon registering the case.
- • The council upon receiving replied from all parties or either parties will decide on a hearing date.
- • Upon hearing both sides the council will make a final decision. If any of the party decides not to respond the council will make a final decision based on the legal grounds and proofs submitted with the application.
Till date a total of 68,360 applications have been filed by MSEs involving an amount of approximately Rs. 19,134/- Crores.
Out of them 6114 cases have been mutually settled by the buyer and whereas 12002 applications were rejected by the Council for having insufficient merits.
At present there are 16638 cases currently under review and the remaining pending cases are awaiting for response from either parties.
A Few Salient Features of MSME Samadhaan which we might have missed:
If found guilty, the buyer will have to pay a compound interest with the monthly interest to the supplier at a rate which will be three times of the bank rate notified by the RBI.
Every case which is referred to the MSEFC shall be decided within a period of 90 Days from the date such a reference was made.
If anyone except the supplier wants to file an appeal, then such an application shall not be entertained by the MSEFC unless a deposit of 75% of the reward has been made by the appellant.
The purpose of the Ministry of MSME to promote Udyam Registration in such a large scale all over India is to be able to help implement such and similar other schemes for the benefits of MSMEs in India. The government aims at creating a business friendly environment in India through the system of Udyog Aadhaar and Udyam Registration. Every Udyami as the government likes to call registered MSMEs is an important part of the economy and cannot be neglected at any cost.
You can read more about MSME Samadhaan by visiting their official link as given below: https://samadhaan.msme.gov.in/MyMsme/MSEFC/MSEFC_Welcome.aspx