What is SAMADHAN Portal?

As per the Micro, Small and Medium Enterprise Development (MSMED) Act 2006 Section 15 to 24, the provisions of the Delayed Payment to Micro and Small Enterprise (MSEs) are very clear. The State Government establishes the Micro and Small Enterprise Facilitation Council (MSEFC) to settle the disputes on getting the references or filing on the Delayed payments that are under the Section 20 and 21 of the mentioned act.

                      Micro, Small Enterprises Facilitating Council, or MSEFC of the State examines the cases filed by the Micro, Small Enterprises or MSE unit will issue the directions to the buyer’s unit for the payment of the due amount along with the interests according to the provisions coming under the MSMED Act 2006.

Who can apply for the SAMADHAN Portal?

The Micro or small Enterprise or MSE having a valid Udyog Aadhar(UAM) can easily apply.

Salient Features of the SAMADHAN Portal

The buyer is liable to pay the compound interests along with the monthly rests to the supplier on the amount at three times the bank’s rate that is notified by the Reserve Bank of India or RBI. In case the person does not make any payments to the supplier for the supplies of goods or products or render services within 45 days of the date of acceptance of the goods or services rendered according to the section 16.

The State Governments notifies the following:

· Authority for filing Entrepreneur Memorandum

· Rules of MSEFC and

· Constitution of MSEFC.

All the States or the UTs have notified the Authority to fill the Entrepreneur's Memorandum, 33 States or UTs except Arunachal Pradesh, Assam and Manipur have notified the rules of Micro, Small Enterprises Facilitating Council or MSEFC, and all the 36 States or UTs have constituted the MSEFCs as per the provisions that are laid down under the MSMED Act 2006.

                               References made to the MSEFC have to be decided within the period of 90 days from the date of making the reference as per the provisions that are laid under the Act.

When the Appellant and not the supplier wishes to file an ask urgently, no application to set aside any kind of decree or award by the MSEFC will be considered by any court. It will be done unless the engaged appellant who is not the supplier has deposited it, From which 75% of the award amount is set according to the Section 19.

Implementation

The provisions under the MSMED Act implemented by MSEFC presided over by the Director of Industries of the State or UT having the administrative power and its control of the Micro, Small Enterprises, or MSE units. The State Government or UTs are requested to assure that the Micro, Small Enterprises Facilitation Council, or MSEFC hold the meetings on a regular basis and the delayed payment matters are decided by the Councils within 90 days period as specified in the MSMED Act, 2006.

Ease of filing the application under MSEFC is an Initiative from the Ministry of MSME, Govt. of India

The Ministry of MSME has brought forward an initiative for filing the online application form by the supplier MSE unit against the buyer of the goods or services before the concerned MSEFC of the person’s State or UT. These will be observed by the MSEFC Council for their taken actions. These will be also salient to the concerned Central Ministries or Departments or CPSEs or State Government etc for the pro-active actions.