(1) The Facilitation Council shall consist of not less than three but not more than five members to be appointed from amongst the following categories, namely:—
(i) Director of Industries, by whatever name called, or any other officer not below the rank of such Director, in the Department of the State Government having administrative control of the small scale industries, who shall be the Chairperson;
(ii) one or more office-bearers or representatives of associations of micro or small industry or of associations of such enterprises;
(iii) one or more representatives of banks and financial institutions lending to micro or small enterprises; or
(iv) one or more persons having special knowledge in the field of industry, finance, law, trade or commerce.
Legal Commentary & Landmark Judgments: Section 21
Section 21 governs the statutory composition, member qualifications, and administrative constitution of the Micro and Small Enterprises Facilitation Council (MSEFC).
Before the MSEFC, verify at the outset whether the bench meets the minimum statutory quorum (usually 3 members including the Chairperson or designated officer) under the applicable State MSEFC Rules. An award signed by fewer members than required by quorum rules is vulnerable to challenge under Section 34 of the Arbitration Act.