Your rights as an MSME supplier
| Right | What it means for you |
|---|---|
| Section 15, MSMED Act | The buyer must pay by the agreed date, never later than 45 days from acceptance; with no written agreement, within 15 days |
| Section 16 | Compound interest with monthly rests at three times the RBI bank rate on the delayed amount |
| Section 18 | Reference to the Rajasthan Micro and Small Enterprises Facilitation Council: conciliation, then arbitration, aiming to decide within 90 days |
| Section 43B(h), Income-tax Act | The buyer loses the tax deduction for the year if it pays you late |
| Section 22, MSMED Act | Companies must disclose unpaid MSME dues in their accounts |
Register on Udyam before you supply, not after the dispute. Courts have held that the benefits apply to supplies made after registration. Traders are generally outside the delayed-payment provisions.
Recovering B2B dues in Jaipur: what is specific here
Jaipur’s exporters of jewellery, textiles and handicrafts in Sitapura, Sanganer and Johri Bazaar often carry dues from buyers in Delhi, Mumbai and abroad, and marble and stone suppliers in Kishangarh sell to builders on open credit. Export invoices need a different approach from domestic ones; domestic buyers can be pursued through notice, Samadhaan and suits in Rajasthan.
Main industries: gems and jewellery, textiles and block printing, handicrafts and exports, marble and stone and tourism and hospitality.
Courts: Metropolitan Magistrate courts, Jaipur, for Section 138; District and Sessions Court, Jaipur, and its Commercial Court for recovery suits.
MSME claims: Udyam-registered micro and small suppliers in Jaipur file on MSME Samadhaan, heard by the Rajasthan Micro and Small Enterprises Facilitation Council (Commissionerate of Industries, Government of Rajasthan, Jaipur). The Council sits where the supplier is, so a Jaipur supplier can pursue a buyer in another state from home.
How FundRaksha files MSME Samadhaan for you
- We check your Udyam status, the supply dates and the acceptance to confirm eligibility.
- Your advocate sends a legal notice citing Sections 15 and 16, with the interest computed to date.
- If the buyer does not settle, we file the application on samadhaan.msme.gov.in with the invoices, proof of delivery and the ledger.
- The Rajasthan Micro and Small Enterprises Facilitation Council calls both sides for conciliation; if that fails, it arbitrates and passes an award.
- The award is enforced like a decree; a buyer who appeals must deposit 75% of the amount first.