Section Text
(1) Notwithstanding anything contained in any other law forthe time being in force, any party to a dispute may, with regard to any amountdue under section 17, make a reference to the Micro and Small EnterprisesFacilitation Council.
(2) On receipt of a reference under sub-section (1), theCouncil shall either itself conduct conciliation in the matter or seek theassistance of any institution or centre providing alternate dispute resolutionservices by making a reference to such an institution or centre, for conductingconciliation and the provisions of sections 65 to 81 of the Arbitration andConciliation Act, 1996(26 of 1996) shall apply to such a dispute as if theconciliation was initiated under Part III of that Act.
(3) Where the conciliation initiated under sub-section (2) isnot successful and stands terminated without any settlement between the parties,the Council shall either itself take up the dispute for arbitration or refer toit any institution or centre providing alternate dispute resolution services forsuch 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 inpursuance of an arbitration agreement referred to in sub-section (1) of section7 of that Act.
(4) Notwithstanding anything contained in any other law forthe time being in force, the Micro and Small Enterprises Facilitation Council orthe centre providing alternate dispute resolution services shall havejurisdiction to act as an Arbitrator or Conciliator under this section in adispute between the supplier located within its jurisdiction and a buyer locatedanywhere in India.
(5) Every reference made under this section shall be decidedwithin a period of ninety days from the date of making such a reference.