Glossary

What is Section 16 of the MSMED Act (interest on delayed payment)?

Section 16 is the penalty clause of the MSMED Act. It fixes the interest a buyer owes a micro or small supplier for every day of delay beyond the Section 15 due date, and the rate is deliberately punitive.

धारा 16: बैंक दर के तीन गुना चक्रवृद्धि ब्याज

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Short answer

Under Section 16, a buyer who fails to pay a micro or small enterprise by the Section 15 due date must pay compound interest, with monthly rests, at three times the bank rate notified by the Reserve Bank of India. The interest runs from the appointed day or the agreed date until actual payment, whether or not the contract mentions interest.

How Section 16 interest works in India

The RBI bank rate is published by the Reserve Bank and moves with monetary policy. Section 16 takes that rate, multiplies it by three, and applies it on a monthly compounding basis. A rate of 6.5% becomes 19.5% a year, or 1.625% per month; each month the interest is added to the balance, so the effective annual cost is a little over 21%. Compare this with the 9% to 12% that civil courts usually allow, or the 18% that most contracts state but rarely get.

The interest is payable whether the buyer is a company, a proprietor or a government department, and it cannot be waived by a clause in the purchase order.

Why it matters for getting paid

Section 16 changes the buyer's arithmetic. Holding a supplier's ₹10 lakh for a year costs more than ₹2 lakh in interest that the buyer cannot even deduct for tax, versus roughly ₹1 lakh if the buyer had taken a working-capital loan. A notice that spells this out often produces a payment plan quickly. Use the MSME interest calculator and read compound interest with monthly rests.

How FundRaksha uses it

FundRaksha's advocates attach a month-by-month Section 16 computation to every MSME legal notice and Samadhaan claim. The number is often the lever that gets the principal paid, and when a claim goes to award the interest is part of what is recovered, on which the 30% fee is charged. Nothing is charged upfront.

Worked example (hypothetical)

Principal ₹10,00,000, due 1 April, unpaid for 12 months. Assume the bank rate is 6.5%, so the Section 16 rate is 19.5% a year, 1.625% a month. Month 1 interest: ₹16,250; balance ₹10,16,250. Month 2: ₹16,514; balance ₹10,32,764. Continuing for 12 months gives a balance of about ₹12,13,400, so interest of roughly ₹2,13,400. Simple interest at the same rate would have been ₹1,95,000; compounding adds about ₹18,400. If the bank rate were 6%, the rate would be 18% a year and interest about ₹1,95,600 instead. Always use the rate in force for the period.

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

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  • 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
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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

Yes. Section 16 overrides any agreement between the parties. A clause waiving interest is not enforceable against a micro or small supplier.

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.