के(cid:2)न्ቖኍ(cid:5)यसूच(cid:8) ना(cid:11)आय(cid:13)ग Central Information Commission बा(cid:11)बा(cid:11)गग(cid:16) ना(cid:11)थमा(cid:11)ग(cid:19), मा(cid:20)निनारके(cid:11)

Baba Gangnath Marg, Munirka नाईदिtiल्ली(cid:5), New Delhi – 110067 नि(cid:28)ती(cid:5)य अपी(cid:5)ली सूख्(cid:16) य(cid:11) / Second Appeal No. CIC/MMSME/A/2022/666211 CIC/MSSIN/A/2022/666212 Shri Dipanwita Paul Das … अपी(cid:5)लीकेती(cid:11)(cid:19)/Appellant VERSUS/बाना(cid:11)मा

PIO, …्ቚनितीवा(cid:11)ti(cid:5)गण /Respondent Ministry of Micro, Small and Medium Enterprises

2. PIO, Development Commissioner, Small Scale Industries Date of Hearing : 21.12.2023 Date of Decision : 21.12.2023 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

Since both the parties are same, the above mentioned cases are clubbed together for hearing and disposal.

(1)CIC/MMSME/A/2022/666211 The Appellant filed an RTI application dated 18.10.2022 seeking information on 4 points related to Memo No. 32/RTI/2022 dated 18.10.2022 as under:

1. Please supply me the information on why the respondent had a delay of 5 months from the date of reference to file the online complaint case through the Samadhan portal.

2. Please supply me the information for the reason the respondent had violated under section 18(5) of the MSMED Act 2006

3. Please supply me the information that if any delay provision is under the said act of 2006.

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4. Please supply me the information for the reason of delay to registered the case under section 18(5) of MSMED Act 2006 and the respondent had not comply with the intimation letter dated 10th May 2022 Due to non receipt of any response from the CPIO the Appellant filed a First Appeal dated 18.11.2022. The FAA and Development Commissioner, MSME vide order dated 28.11.2022 held as under:-

“Reply-As per the provision of chapter (V), Section 20, 21 and 30 of the MSMED, Act, 2006 the Micro & Small Enterprises Facilitation Council (MSEFC) in each State has been set up by the State Governments. All the Micro & Small Enterprises Facilitation Councils (MSEFC) which come under the ambit of concerned State Governments are Quasi-judicial in nature and has been delegated the power to dispose of the delayed payment cases of Micro & Small Enterprises. All the required documents/information related to delayed payment cases filed in MSEFC's is being maintained by the concerned MSEFC.”

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

(2)CIC/MSSIN/A/2022/666212 The Appellant filed an RTI application dated 18.10.2022 seeking information on 2 points related to case no MSEFC-CASE-No. UDYAM-WB-08-0018743/M/00001 through MSME SAMADHAAN-Delayed Payment Monitoring System and WBMSEFC CASE NO 68 OF 2020 under MSMED Act 2006:

1. Kindly supply me above case status under MSMED Act 2006.

2. Please supply me your decision made under section 18(5) of MSMED Act

2006.

Dissatisfied due to non-receipt of any response from the CPIO, the Appellant filed a First Appeal dated 18.11.2022. The FAA and Development Commissioner, MSME vide order dated 28.11.2022 held as under:-

“Reply-As per the provision of chapter (V), Section 20, 21 and 30 of the MSMED, Act, 2006 the Micro & Small Enterprises Facilitation Council (MSEFC) in each State has been set up by the State Governments. All the Micro & Small Enterprises Facilitation Councils (MSEFC) which come under the ambit of concerned State Governments are Quasi-judicial in nature and has been delegated the power to dispose of the delayed payment cases of Micro & Small Enterprises. All the required documents/information related to delayed payment cases filed in MSEFC's is being maintained by the concerned MSEFC.”

Aggrieved and dissatisfied, the Appellant app