Glossary

What is the Micro and Small Enterprises Facilitation Council (MSEFC)?

The Micro and Small Enterprises Facilitation Council (MSEFC) is the statutory body, set up by each state government under Section 20 of the MSMED Act, 2006, that hears delayed-payment references filed by micro and small suppliers. Every MSME Samadhaan claim ends up before one of these Councils.

1,000+
businesses onboarded
₹50 Cr+
invoice value handled
700+
businesses got their money back
60%
of cases settled before court
Short answer

The MSEFC is a state-level council, usually chaired by the Director or Commissioner of Industries, with members from banks, industry associations and the legal field. It first conciliates between supplier and buyer and, if that fails, either arbitrates the dispute itself or refers it to an arbitration institution. Its award is enforceable like a court decree.

How the Council works in India

Each state (and some larger states, more than one region) has a Council run from the Industries department. References arrive through the MSME Samadhaan portal or in physical form. The Council issues notice to the buyer, fixes a conciliation hearing and tries to get the parties to agree a payment plan. If conciliation fails it records that and moves to arbitration under the Arbitration and Conciliation Act, 1996, as if the parties had an arbitration agreement. The arbitral award states the principal and the Section 16 interest.

A buyer who ignores the Council risks an ex parte award. A buyer who wants to challenge the award must first deposit 75% of it, and the court may release a portion of that deposit to the supplier while the challenge is pending.

Why it matters for getting paid

The Council sits where the supplier is, so a Surat textile unit does not have to travel to a Kolkata buyer's courts. There is no court fee on the claim, the interest is statutory and the 75% deposit rule removes the buyer's usual tactic of appealing to delay. For small manufacturers this is the most favourable forum in Indian law. Find your state's Council on the state pages or on samadhaan.msme.gov.in.

How FundRaksha uses it

FundRaksha has handled Samadhaan references for suppliers across India, part of the ₹50 Cr+ of invoices the company has worked on. The advocate prepares the statement of claim with a month-by-month interest table, attends conciliation (where most buyers settle) and conducts the arbitration if they do not. The 30% success fee applies only on recovery.

Worked example (hypothetical)

A Hyderabad engineering unit files a ₹6,00,000 claim with the Telangana Council. Payment was due on 1 March; the reference is filed on 1 September, six months late. Assuming a 6.5% bank rate, three times is 19.5% a year, 1.625% a month. Six months of monthly compounding gives roughly ₹60,900 interest (₹6,00,000 × (1.01625^6 − 1)), so the claim is about ₹6,60,900 and keeps growing until payment. At conciliation the buyer offers the principal plus half the interest; the supplier accepts and is paid within 30 days.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

Free, no obligation

Free consultation and case assessment

मुफ़्त सलाह, कोई शुल्क नहीं

Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

Section 21 provides for a chairperson (normally the Director of Industries), one or more representatives of banks and financial institutions, representatives of MSME associations, and persons with special knowledge of industry, finance or law.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.