Notification, 2006

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

semen 0F TAMIL NADU [Regd. No. TN/CCN/117/2006-I (Price: Rs 1 60 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY PUBLISHED BY AUTHORITY

'CHENNAI, MONDAY, DECEMBER 8, 2006 GenératStatutory Rules. Notifications, Orders, Regulations etc." Departments.

hI-

NOTIFICATIONS BY GOVERNMENT

SMALL INDUSTRIES DEPARTMENT

LNADU MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL RULES 2006.

[6.0. Ms. No, 53, Small Induslnes (Sta). 8le December 2005.] I9) 6’I 2C4: m :‘ Lie powers conlerred by sub-section (1) of.,sectlo the Micro. Small and MedIUImm: N1 2006 (Central Act 27 ot2006 ), the Governor at adu hereby makes me Iollowmg rIIIe~' ~ h ML—(il Tim rules may be called the Tamil Nadu Micro and Small Enterprises Facilitation Councfile. I 2‘ 11.. 3'21 am into tome at once.

uh-JII In If: tubs. unless the context otheIwisa requires— 3'“: 5’35 in “an Snail afig‘dedium Enterprises Development Act 2006 (Central Act 27 0t 2005). b'l-‘fijm aid Cendhtion AcI' means the Arbitration and Conciliation Act 1996 (Central Act 26 0I 1995 E “2x311" ms the Chairperson oI the Counpil appointed under.clause (i) at sub-section (1) OI SectIc 2* :1 he Au:

I1 ”Zuni am he Euro and Small Enterprises Facilitation Council. established by the Government undI 5:131 23 at lie A11;

W has the Government at Tamil Nadu;

'rsixe' saw; any indfiution or centre providing alternate dispute resolution services relerled Io 5" 'I‘Eza’ ms 3 manta! ot the Council:

’3 'mm‘ Imis 3 warn of the Act.

j j i W ”h.

n V 9Z assisted to them in m

3. Composition

2. Tiruchirappall'

3. Madurai.

\‘m 4 Coimbatore.

4, Term oi office oi the members.— :5: years from the d at Council.— expressions used and not deiined. but deitned in the Act, shall nav e Act.

and Director ol Chairperson industries and Commerce. ' l

(ii) A representative oi the Tamil Nadu Small and Member.

Tiny Industries Association.

K r

(iii) A representative at them.

Member,(iv) A representative at the Tamil Nadu Industrial Member, Wu.K—

(v) A representative at the It‘ll/Matting” Member.

Financial Reconstruction Association IorSma and Troy Enterprises.

(i) Industries Commissioner, and Industries and Commerce.

(ii) A representative at the Tamil Small Scale Industries Assn

(iii) A representative oi the Lead

(iv) A representative oi the Tamil Nadu IndustrialInvestment Corporation. Cirectur oi Nadu Tiny and ciation.

Bank.

at the Tiruchirappalll DistrictChamber oi Commerce. Tiruchirappatli.

(i) Industries Commissioner and Industries and Commerce.

(ii) A representative oi the Lead

(iii) A representative Small Industries Investment Corporation. ,'

(v) A representative of of Commerce. Madurai.

(i) Industries Commissioner and Industries and Commerce.

oi the Tamil Nad Associatlon.

(iv) A representative oi the Tamil Nadu Industrial Director at Bank, the Tamil Nadu Chamber Director at

(ii) A representative of the Lead Bank.

(iii) A representative of the Tainit Nadu Tiny andSmall Industries Association.

(iv) A- representative at Investment Corporation?‘ l(v) A representative oi the commerce. Coimbatore .r I :1 which he was so appointed. i'

5. Removal oi member.—Tne Government may remove (i) (ii) in.) the Tamil Nadu Industrial alien Chamber of u Tiny'and Chairperson Member Member, Member.

Member.

Chairperson Member Member.

Member Member.

Chairperson Member Member, Mem ber.

any member oi the' Council’—il be is oi unsound mind and stands so declared by a competent Court; or (ii).3>(iii) and (iv) or sub-section (1) cl . it he ceases to represent’the respective category or were UT 57'- ‘. Rendering oi assistance to the Council.—The Region::l Joint Director oi Industries and Commerce. Chennai In "it I %&\

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY / 3

(N) it he absent: himseii irom three consecutive meetings oi the Council without the leave oi the Chairperson and in any case from five consecutive meetings; or

(v) acquires such iinandal or other interest as is likely, in the opinion oi the Government. to affect preJUdiclalIy his iundions as a membert .E. Resignation by a member.—-Any member at the Council representing Tamil Nadu Small and Tiny Industries 1m. Industrial and Financial Reconstruction Associatipn ior Small and Tiny Enterprises or the Chambers oi m may resign trom the Council by tendering one m'onth‘s notice in writing to the Government through the ‘. Mariner oi tilting oi vacancy in the office oi memborfi—On expiry of the term as speciiied in rule 4 or when a 7:5 is removed by the.Govemment under rule 5 or W a member dies or resigns his office. the concerned Mn relerre‘d to in rule 3 shall lake immediate steps to i‘rwarti to Govemrneni. a trash representative on its behatt, lbs: she! be invalid by reason only at the existence at any canto] among its member or any detect in appointment I rat-bet i .

{west of the Council established at Chennai or the Serveraigiytanager oi the District Industries Centre concerned in 152;: of Councils established at other places. as the case may' be. shaliassist the Council in discharging the iunctions {in Act and carryout the instructions issued by the Councfl concerned, - ?rocedure in making reference under Section 15.—( ) Every reierence under sub—section (1) ol Section 18 to fa Sana stall contain lull particulars oi the supplier and hs status. supplied goods or services rendered. terms n! IEI'ERL ii any. agreed'between-the supplier and buyer. actual ipayment received with date. amount due and the Inietesl 1;; isolated under section 16 at the Act supported by anilfidavit. with necessary court lee stamp to the value at '3 Queue ten only) aflixed the Council may terminate lhe Broccodlngswlthout prejudice to the rights oi such person are seen reference ir tie is otherwise entitled so to do. i 1‘. Procedure to be followed by the members In discharge at their limctlons under sub-section (3) of section 21 “:3 AQ— .

j‘f 8m: the reierence is submitted to the Council.in-tenns oi- rule 10.»I1’te-Chairperson shall cause the reterence and the reply oi the buyer to be examined and. on being satisfied with the reference that there is a prime (acre me at delayed payment, cause the reierence to be piaeed hetero the Council at its next immediate meeting tor automation. The Chairperson shall also ensure thatieach reierence received within two weeks at the date or the last preceding meeting at the Council is examined and. ii iound in order. is placed ior Fonsideration oi the Comet at its next immediate meeting.

2' Elite“ the Council desires. In the meeting to conduct oonciiiation by, ilseli in terms oi sub-section (2) at Section 18 at the Act». then the Council shall issue notices to the supplier and the buyer to appear beiore it. However when . Tn? Council decides in the meeting that the assistance ‘oi an institute to conduct conciliation is needed. then. the Gmncit shall communicate the decision to the institute concerned, 5, I'm such conciliationdoes not lead to settlement oi the dispute and the Council decides in the meeting to take _ up the dispute ior arbitration itseli in terms oi sub—sedion (3) oi Section 18 ot the Act, it shall issue notices to 52 supplier and buyer to appear beiere it However. when the Coundl decides in the meeting that the dispute an be referred to an institute tor.arbitration, it shall communicate the decision to the institute concerned I! said institute shall require the supplier and buyer' Vcemed to appear belore it thereon, The supplier shall am s‘multaneousiy send a copy ol the reierence to the uyer or buyers against whom the reierence is directed E Suit reierence under this rule shall made through the Regional Joint Director oi Industries and Commerce. Matt. in respect of tii’e c‘ounclt blished at Chennai and through the General Manager oi the DISIHCI mes Centre concerned in respect oi Councils established at other places. The Regional Joint Director Imai or the General Manager oi the District Industries Centre. as the use may he. shall on receipt oi the finance. issue a preliminary Intimatibn’lo the buyer incorporating the details oi the reierence received irom the soldier and consequence oi daiauit to be replied to within seven days at issue at such intimation. : Smihneously. the Regional Joint Director oi Industries and Cofnrnerce. Chennai. in respect oi the Counct wished at Chennai and the General Manager oi the District Industries Centre. in respect of the Councrls i'ahfished at other places. as'ttte case may he. shall examine the relerence. The Regional Joint Director o l‘xiashies and Commerce, Chennai or the General Manager oi the District Industries Centre concerned. shai flirt fifteen days at the receipt oi the relerence submit the relerenoe alongwith the reply. it any. received iron {‘2 buyer. beiore the Chairperson lor consideration. The Chairperson may require the person who submitted ths titre-ice under sub-section (1) oi section 18 oi the Acti‘ to provide iunher particulars oi the claim' or any retevan nu ‘3‘.” 4‘9ng TAMIL. NADU GOVERNMENT GAZETTE EXTRAORDINARY_ . }/ :‘aournents in subpon oi the claim as he may consider necessary tor the purpose 0! thepruceedings it such :nerson fails or omits to do so within fifteen days at receipt ot'such communication item the Chairperson or Wilhtn 5411 further time as the Chairperson may. tor sutficient cause allow, by issuing notices to both parties in this watt. The supplier or the buyer may. either in person'or through his lawyer present his case betore the Councfi : the institute dunng the arbitration proceedings V E ,‘ne Council or the institute. as the case may be. shall make an arbitral award in accordance wrlh section 31 of Te arbitration arid Conciliation Act and within the time specified in sub-section (5) at Section 18 at the Act The arhiflalrauarttshallgeduty stamped in accordance with the relevant law in torce, Copies of the arbitral award S135 be made’a‘vatlable within seven days oi filing at an application seeking copies at the arbitral award ._ Cedsion of Coundli.—Any decision at the Council shall be made by a majority of its memberspresent at the meeting .N . t fined about concitiatlon or arbitratlon.—The Chairperson or any other officer authorised by the Chairperson. shall I 1 E 'acfl about conciliation or arbitration under Section 18 at the Act including annual progress repon ol the Council Katee-Secretary ol the Advisory Committee referred to in sub-section (3) ol the section 7 ol the Act. Wags efthe Cobalt—The Council shall meet as often as is deemed necessary by the Ch'airperson. Seven days imam: be given for any meeting thwgti. in fuse o! urgency, a meeting rnay be called at such shorter noltce m may decide. ,' .

ARUN RAMANATHAN,

Secretary to Government.

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