MSME Samadhaan is basically a Portal which is created by Office of DC(MSME), Ministry of Micro, Small and Medium Enterprises (MSME) where Micro and Small Enterprises (MSEs) could file their applications online relating to the delayed payments.
As per Section 15- 24 of the MSMED Act, 2006, the Micro, Small and Medium Enterprises Development (MSMED), Act 2006, consists of provisions relating to Delayed Payment to Micro and Small Enterprise (MSEs).
As per Section 20 and 21 of the MSMED Act, 2006, the State Governments is going to establish Micro and Small Enterprise Facilitation Council (MSEFC) for the settlement of disputes on receiving references and filing on Delayed payments - (Section 20 and 21).
However, the MSEFC of the State after examining the case which has been filed by the MSE unit would issue directions towards the buyer unit for payment of the amount due along with interest in accordance with the provisions under the MSMED Act 2006.
Who can apply?
Any Micro or small enterprise who has a valid Udyog Aadhar(UAM) could apply.
Salient Features
As per (Section 16) of the Act, the buyer is responsible towards paying compound interest with the monthly rests to the supplier on the sum at the three times of the bank rate reported by the Reserve Bank of India in case he doesn’t make payment to the supplier for his supplies of products or services within 45 days of the acceptance of the goods and service rendered.
The State Governments shall notify (i) Authority for filing Entrepreneur Memorandum (ii) Rules of MSEFC and (iii) Constitution of MSEFC.
Every State and Union Territories has notified Authority for Filing Entrepreneur's Memorandum, 33 States/UTs (that is, except Arunachal Pradesh, Assam, and Manipur) had Notified rules of MSEFC and each and every of the 36 States/UTs had constituted MSEFCs, according to the provisions stated under MSMED Act 2006.
Each reference which has been made to MSEFC would be decided within a period of 90 days from the date of making such a reference according to the provisions stated in the Act.
According to Section 19 of the Act, in case the Appellant (not being the supplier) wanted to file an appeal, no application for setting aside any decree or award through the MSEFC would be entertained by any court unless the appellant (not being supplier) had deposited with it, the 75% of the award sum.
Implementation
The provisions that are laid in the Act are implemented through MSEFC which is directed by Director of Industries of the State /UT who has administrative control of the MSE units. The State Government/UTs are requested to make certain that the MSE Facilitation Council holds meetings frequently as well as cases relating to the delayed payment are decided by the Councils within a period of 90 days as specified in the MSMED Act, 2006.
MSME Samadhaan Portal
The Ministry of Micro, Small and Medium Enterprises (MSME) had considered an initiative for filing online application by means of the supplier MSE unit against the buyer of goods and services before the concerned MSEFC of their State/UT. These would be viewed by MSEFC Council for their activities. These would be also visible towards Concerned Central Ministries, Departments, CPSEs, State Government, etc for pro-active actions.
Features
1. Filing online application by MSME: The Entrepreneurs / Micro and Small Enterprises (MSEs) could file online applications for delayed payments by making use of the portal. One must have Udyog Aadhaar Number that is validated with Aadhaar towards filing the application.
2. Check case status: Entrepreneurs / / Micro and Small Enterprises (MSEs) could also check the status of the filed online applications for delayed payments by making use of the portal.
3. Dashboard of pending payments: The Portal would provide information regarding the pending payment of Micro and Small Enterprises (MSEs) with individual CPSEs / Central Ministries, State Governments, etc.
The CEO of PSEs, as well as the Secretary of the Ministries concerned, would also be capable to monitor the matters of delayed payment under their jurisdiction and issue needed instructions in the direction of resolving the concerns.
Before you proceed towards filing application of delayed payment;
• One must be prepared with the scanned PDF documents of work orders of Respondent as well as invoices generated by you against those work orders.
• Each file size must not exceed 1MB.
• Maximum 3 work orders and 3 invoices could be uploaded.
• Enter Your Udyog Aadhaar Number.
• Enter Your Aadhaar Number or Mobile Number as in Udyog Aadhaar (Only For Assisted filing matters).
• Enter verification code as displayed.
• Then one must click on the Validate Udyog Aadhaar button to get your OTP on email registered during Udyog Aadhaar Registration.
The Micro Small and Medium Enterprises Development Act (MSMED), 2006
The Micro, Small and Medium Enterprise Development (MSMED) Act consist of many regulations in order to deal with delayed payment matters of Micro and Small Enterprises (MSEs). This act enables the development as well as promotion of micro, small and medium enterprises and also to improve the competitiveness of MSMEs.
As per the MSMED Act, the stated slab rates in order to determine the status of the enterprise are:
• For Micro Enterprise Types, the amount that doesn’t go beyond Rs. 25 lacs.
• For Small Enterprise Types, the amount that goes beyond Rs. 25 lacs, but below Rs. 5 Crore.
• For Medium Enterprise Types, the amount that goes beyond Rs. 5 Crore, but below Rs. 10 Crore.
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