lnvitation of Expression of lnterest (Eol) for empanelment of lndependent Experts for constitution of Conciliation Committees for dispute resolution of contractual disputes in respect of the proiects implemented by CPSEs / Statutory bodies under administr

F. No. L5-I4/9/2021-Hydel-ll(MoP) Government of lnd ia Ministry of Power Shram Shakti Bhawan, Rafi Marg Delhi, New 8th September, 2025 1. The Chief Secretaries of All the State Government/UTs (As per list) 2. The Chairperson, Central Electricity Authority 3. The Chairman, Central Water Commission 4. CMDs of all the CPSUS under Ministry of Power Subiect: lnvitation of Expression of lnterest (Eol) for empanelment of lndependent Experts for constitution of Conciliation Committees for dispute resolution of contractual disputes in respect of the proiects implemented by CPSEs / Statutory bodies under administrative control of Ministry of Power-regarding. Sir, A dispute resolution mechanism through conciliation by Conciliation Committee of lndependent Experts (CClEs) for contractual disputes in respect of the projects implemented by CPSUS / Statutory bodies under administrative control of Ministry of Power, Govt. of lndia, was formulated vide OM dated 29.12.202!. Subsequently, an amendment was made to extend the mechanism to Coal Mining Sector and to make provision for a Coal Mining Expert Member in the CCIE, vide OM dated 29.04,2022. Later on, another amendment was issued to the CCIE Mechanism vide OM dated 18.10.2023, vide which, the provision for invoking Arbitration proceedings was allowed in the event of the failure of conciliation process.The aforementioned OMs are enclosed at Annex-|. 2 ln this regard, Expression of lnterest is hereby invited from eligible candidates for empanelment as lndependent Experts for constitution of the CCIEs in accordance with the terms and conditions mentioned in this Ministry's Notification dated 08th September, 2025 (enclosed at Annex-ll) for Category-ll, lll & lv only. Applications/Eols received within due date in this ministry against our earlier notification No 15-14/9/2021- q+Hydel-ll(MoP) dated O1.05,2025 has been retained and candidates need not aPply again. 3. lt is requested that the enclosed Notification may kindly be given wide publicity in order to ensure maximum participation of the eligible pa rticipa nts. Yours faithfully, Encl: as bove. gt^Au, a (Himanshu Lal) Deputy Director Email: hyd ro2-mop@gov. in Tel: 3705841 2 Copy to: '1. Department of Financial Services, Ministry of Finance, Govt. of lndia- with request to give wide publicity to the enclosed Notification amongst the Commercial Banks /Financial lnstitutions/NBFCs under them_ 2. Ministry oI New & Renewable Energy - with request to circulate the Notification amongst the CpSUs under its administrative control. 3. Ministry of Coal, Shastri Bhawan, New Delhi -110001 - with request to circulate the Notification amongst the CpSUs under its administrative control. Copy also to: ln-Charge, NIC Cell, Mop with request to upload the Notification on home-page/front-page of the website of Ministry of power urgently and to ensure that it remains on the home-page for at least 30 days./4N!EX,lI Government of lndia Ministry of Power Notification No l5-1,U9/2021 -Hydel-ll(MoP) Date :08.09.2025 INVITATION FOR EXPRESSION OF INTEREST (Eol) FOR E PANELMENT OF MEMBERS OF CONCILIATION COMMITTEE OF INDEPENOENT EXPERTS(CCIE) FOR RESOLUTION OF DISPUTES lN CONTRACTS OF CPSUS/STATUTORY BODIES OF MINISTRY OF POWER 1, Background Wilh the approval of then Hon'ble Union lvlinister for Power, a dispute resolution mechanism through conciliation by Conciliation Committee of lndependent Experts (CCIES) for contractual disputes in respect of the projects implemented by CPSUS / Statutory bodies under administrative control of Ministry of Power, Govt. of lndia, has been formulated vide OIV dated 29.12.2021 Subsequently, an amendment was made to extend the mechanism to Coal Mining Sector and to make provision for a Coal Mining Expert Member in the CCIE, vide OM dated 29.04.2022. Later on, another amendment was issued vide OM daled 1A10.2023, vide which, the provision for invoking Arbitration proceedings was allowed in the event of the failure of concilialion process After careful consideration, Government of lndia in the Ministry of Power has decided now to constitute 3 fresh Committees of lndependent Experts (hereinafter CCIE) for settlement of disputes arising an contracts of CPSUs / Statutory Bodies executing power projects. Each of the three CClEs, shall have three members having hjgh level of integrity and proven track record. The members shall be appointed from amongst the following categories.- l. Former Officers of the rank of Secretary / Additional Secretary to lhe Govt. of lndia. ll. Sector Experts having substantial domain kno,/ledge ol project development and O&M of power projects. lll. Experts in Finance with experience in senior positions of Financial lnstitutions or CPSUs/State PSUs of power sector. lV. Sector Experl having substantial domaan knowledge of coal mining sector. Provided that the composition of the CCIE should be such that there shall be (a) one member from category 2(l), (b) one member from Category 2(lll), and (c) one member from Category 2(ll) when dealing with disputes relating to power projects or Category 2(lV) when dealing with disputes relating to captive coal mines. The main obiectives of CCIE are as follows: . To provide faster and cost effective mechanism for resolution of contractual disputes. . For expeditious elimination of disagreements in a just and fair manner. . To avoid time and cost overruns lo ensure timely completion of the Projects. With the above objectives in view, l\rinistry of Power, Govt. of lndia, intends to select and empanel membeB of CCIE with high level of integrity and proven track record, by adopting a transparent and objective selection process as per the requirements set out in this Eol. 2. Expression of lnterest ,t)Expression of lnterest (Eol) is invited from domestic individuals for empanelment as members of CCIE under Category-ll, Category-lll and Category-lv,for settlement of disputes arising in contracts of CPSUs / Statutory Bodies executing power projects. 3. Eligibility and Experience Requirements A retired person with the following qualifications and experience shall be eligible to apply to be empanelled as member of CCIE: eates€ry-l= the Has held ia i@ Category-ll: Has held the post of full time functional Director (dealing with technical matters) / CMD in the Board of a CPSU operating in the field of power generation, distribution or transmission. Or Has held the post of full time functional Director (dealing with technical matters) in the Board of a State PSU/Private Sector Company (with annual turnover of Rs 2000 crore or above) operating in the field of power generation, distribution or transmission. Or Has held the post of Chairperson/Member in Central Electricity Authority/Central Water Commission. Category-lll Has held the post of full time functional Director/CMD in the Board of a Scheduled Commercial BanUFinancial lnstitutions/NBFCs (including REC/PFC/IREDA) Or Has held the post of full time functional Direclor (Finance) in the Board of a CPSUs or State PSUS operating in the field of power generation, distribution or transmission. Category -lV Has held the post of full time functional Director (dealing with mining matters) / CMD in the Board of a CPSU operating in the field of mining. Or Has held the post of full time functional Director (dealing with mining matters) in the Board of a State Psu/Private Sector Company (with annual turnover of Rs 2000 crore or above) operating in the field of mining. 4. Broad Scope of Work The broad scope of work of the CCIE shall include the following f*Once a conciliation request has been raised by the contractor, within 30 days the same shall be referred to the CCIE in the event of the matter remaining unresolved internally. The CMD/Board of the Developer may suitably decide an amount involved in the dispute below which it would not go into the exercise of conciliation after weighing the nature and quantum of disputes in the concerned organization. The Developer will also be free to suggest the option of resolution of disputes by conciliation in case a dispute has arisen. The case will be referred to the CCIE as per the preference of the Contractor after leaving out those CCIEs which are unavailable due to work load or any other reason like conflict of interest. A CCIE will normally be considered unavailable if it is handling cases to such an extent that there would be avoidable delay in the event of more cases being taken up by the same CCIE. lvlembers of CCIE, shall declare any conflict of interest in advance They should not have been engaged for providing any other services to any of the parties i.e. either Owner or Contractor in the last five years (s). The conciliation proceedings shall be completed in each case through 5 sittings in a period of not more than three months from the date the reference made to the CCIE. ln exceptional cases, if any dispute so merits the time period may be extended at the discretion of Conciliation Committee (with reasons to be recorded in writing), for a further period of three months. ln case, a particular dispute requires more than 5 sittings, the same may be held at the discretion of the CCIE but with a cap on payment of fee for 5 sittings only The CCIE shall hold day to day sitting at a suitable place (preferably the headquarter of the Developer or New Delhi) and may hold as many sittings every month as it deems appropriate keeping in view the volume of work. The procedure of CCIE shall not be treated as alternate arbitration proceedings where both parties come wath Statement of claims/defence, arguments/counter arguments, rejoinders, written submissions etc., aided by their respective lawyers. The forum of CCIE is a conciliation forum, where mutual give and take constitutes the essence, rather than stricl legal positions of the parties. Hence, the parties are expected to be brief and to the point before the committee with regard to their respective stance and view the exercise in the spirit of conciliation / settlement. The Conciliation process shall be conducted under Part lll of the Arbitration and Conciliation Act, 1996. The Conciliation Committee would either be able to resolve and settle and dispute(s) between the parties, or the process may fail. ln case of failure of lhe conciliation process at the level of the Conciliation Committee, the parties may withdraw from conciliation process and take recourse to Arbitratron proceedings or the laid down legal process of Courts. ln the event of the conciliation proceedings being successful, the parties to the dispute would sign the written settlement agreement and the conciliators would authenticate the same. Such settlement agreement would then be binding on the parties in terms of Section 73 of the Arbitration and Conciliation Act, 1996 The possibility of non-availability of any one of the members of CCIE in any proceedings cannot be ruled out. As such, the Committee comprising the other two members shall be competent to proceed in the matter. The proceedings of the Committee shall not be vitiated if one of the three members oI CCIE is not present in the deliberations of the Committee. When the parties sign the settlement agreement, at least two conciliators shall authenticate the same. Such conciliation proceedings shall be considered valid and the settlement agreement will be binding on the partres ,p. After successful conclusion of proceedings, the Parties to the conciliation process, have to undertake and complete all necessary actions for implementation of the terms of set ement within a period of 30 days from execution of settlement agreement, unless a different timeline not exceeding 60 days is agreed upon in set ement agreement. All pending claims of pa(ies, in connection with the dispute, before any other legal forum are to be withdrawn within the said 30 days in purcuance of the settlement agreement. 5. Process of selection of a Member of CCIE: By evaluating the Eol submitted by the applicants, l\rinistry of power, Govt. of lndia, would assess their capabilities for empanelment as Member of CCIE, for the proposed scope of work. lrinistry of Power may use available independent data for evaluation of the applicant(s) and information that has been submitted against this document. Ministry may also call for original of the supporting documents for verification, if so deemed fit and also cross check any detail as furnished by the applicant from any other source. The members selected through this process shall be empaneled by Ministry of power. 3 panels of CCIE shall be prepared from the empanelled list and would be published by the Ministry of Power on its website. Each CCIE would comprise three lvlembers. ln case of adverse findings about any of the members of CCIE such as not performing dulies or lack of integrity, that member would be dropped by the l\rinistry from the CCIE and he/she will be replaced by a new member of the same category from the panel. Ministry reserves the right to reject any applicant, if: . Al any point of time, it is found that the applicant has a Conflict of lnterest. Applicant should not have been engaged for providing any other services to any of the parties i.e. either Owner or Contractor in the last five years (s). . At any poinl of time, it is found that the appticant(s) has misrepresented the facts or informationi or . The applicant does not reply promptly and thoroughty to the request for supplementary information, as may be required for evaluation. 6. Tenure of Engagement The panel of lndependent Experts would remain valid for a period of lhree (3) years from date of its formation and validity of panel can be extended but not beyond total tenure of five years. 7. Terms and Conditions for Payment to members of CCIE Each member of CCIE would be paid a sum of Rs. 50,000/- as sitting fee (per sitting) ln addition, Rs 5,0001 per sitting will be paid for local lransport charges for each day of proceeding. Ihe conciliation proceedings shall be compteted in each case through 5 sittings in a period of not more than three months from the date the reference made to the CCIE. ln exceptional cases, if any dispute so merits, the time period may be extended at the discretion of Conciliation Committee (with reasons to be recorded in writing), for a further period of three months. ln case, a particular dispute requires more than 5 sittings, the same may be held at the discretion of the CCIE but with a cap on payment of fee for S sittjngs only. The local transport charges shall, however, be paid as provided for each day of sitting beyond the 5 sittings. Ihe CCIE shall hold day to day sitting at a suitable place (preferabty ,t)the headquarter of the Developer or New Delhi) and may hold as many sittings every month as it deems appropriate keeping in view the volume of work. 8. Review of CCIE mechanism ln light of "The Nlediation Act, 2023" and Procurement Policy Division, Department of Expenditure, Ministry of Finance Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement vide OM No. F.1/2/2024-PPD dated 03.06.2024, irinistry of Power is in process to amend the existing Conciliation Committees of lndependent Experts (CClEs) with lrediation Committee of lndependent Experts (lrlclEs) with some changes as required. The CCIE Panel selected through this notification under CCIE mechanism shall be renamed as MCIEs and willfunction as per amended mechanism. 9 Submission of Expression of lnterest (Eol) lnterested applicants are requested to submit their application complete in all respects, with details as outlined below. The application submitted by the Applicant shall include; . EOI Letter from the Applicant; . Detailed Curriculum Vitae (CV) showcasing the required eligibility and experience requirements as per this Eol request; . Documents justifying the relevant experience of the Applicant including c€rtificates/letters ol position held, roles delivered and other statements of tenurei . List of relevant experience of applicant and any specilic cases successfully handled pertaining to dispute avoidance or dispute settlement in various proiects; . Confirmation regarding Conllict of lnterest provision as outlined in para 5 of this Eol request; . Confirmation on Scope of Work, Payment Terms and other terms and conditions specified in Eol; . Confirmation on adherence to Standard Operating Procedure (SOP) provided in Poinl No.-4 of this Eol request. All documents as required above shall be furnished by the applicant through email at email id i.e. hydro2-mop@gov.in. Each page of the document submitted, shall be duly authenticated by the applicant. The application (in response to this Eol) and all correspondence incidentalto the application shall be written in ENGLISH language only. Any printed literature and document submitted in any other language shall be accompanied by authenticated English translation, in which case, for the purpose of interpretation of the application, English translation shall govern Responsibility for correctness in translation sha I Iie with the applicanl. 10. Submission Details The interested applicant should submit the information/documents through email on above mentioned email id mentioning the subject as "EXPRESSION OF INTEREST (EOl) for EMPANELI'ENT AS MEMBER OF CONCILIATION COIUi'ITTEE OF INDEPENDENT EXPERTS(CCIE)'" The Expression of lnterest from interested candidates should reach this Ministry, on the aforesaid email i.e. hydro2-mop@gov.in, within 2'1 days from the date of issuance of this notification on the website of Ministry of Power. Eol(s) received atter the stipulated time- frame shall not be entertained. ,p-. 1 1 No Contractual Obligation Ministry shall not be bound contractually or in any other way to any applicant to this Eol. Ministry is not liable for any costs or compensation in relation to the consideration of this Eol. All Expression of lnterest documents, upon submission by any applicant to this Eol shall become the property of Ministry. 12. Disclaimer lssue of this document does not in any way commit or otherwise obliges Ministry to proceed with all or any part of a tender process. The EOI Request is not the subject of any process contract or any contractual obligations between Ministry and the applicants to the EOl. Further, Ministry may, at its absolute discretion either modify or abandon any part or whole of the document and / or process, without giving prior notice to any or all the applicant. ,PAnnex-l 487 21 412021 /HYDEL-| I SECTION It. No. I I lZU20?l-Th.ll Govrrnment tlf l*dis (Bharat Sarkar) Ministry of Power (Vidyut l\tantralay) Shram Shakti Bhawan, Rafi Marg, New Delhi, Dated 29th December,2021 OTFI CT] M IIMOITAN D I. IN{ Suh.irct: Dispute Resolution through Conciliation firr Contractual Disputes in Pro.iects implemenled by CPStis / Statutory llodies under thc adnrinistrntivr control of Ministry * * of Porvcr Constitution of Conciliation Committec of lntlependcnt Erperts (CCIII) Reg. i CPSUs Statutory Bodies (Developer) executing power projects. have been raising conccrns that the present modalities of disputc resolution &re not adequatc tn expeditiously' and el'tectively addre.ss the disputes bclr.veen thc Dcveloper and thc Contmctors. Thc dclay in resolution of such contractual disputes has been identitied as onc ol: the major rea$ons irnpacting timely completion of poucr sector project.s. "l'he existing mcchanism ol'dispute resoluticn through l)ispute Resolution Boards or Arbitration Tribunal o{ien takes considerable time, r.vhich leads to sub-optinral cash t'low ttrr the contractors and in time and cos( overrun of the proiects. In this contcxt. a Committee of Board l-evel Officers of ClPStis rvas constituted to study the licld level issues and the ditficulties in resolving thr, issues. The Comrnittr'cr subrnitted its report, u,hich was delibcratcd upon in this Mir:ristry in consuhation rvith Clentral Electricity Authority and the CPSLIs. It was obsened that several dispulcs have heen arising under thc conlracts which are not only involving exorbitant legal costs, but also causing diversiein of prccious human resources of both parties invulved in disputes. liarly arnicable resolution of these disputes is in the intercst of all the stakeholder.s. 2. A{ier carclul consideration, Govemrnent of India in thc Ministry Power have decided to constitute Conciliation Committees ol Independent Experts (C'CIE), for settlement of disputes arising in contracts ol'CPSLls/ Starutory llodiesexecutingpower projects. There shall be three CCIlls. lxch CCIE shall have three membcrs having high level ol'integrity and proven track record. l'he Members shall be app<linted lrom arnongst thc lbllowing categories:- I. l,'ormer Oflicers of the rank of Secretary / Rdditional Secrctirl to the Covt. of India. II. Sector Experts having substantial domain knowledge of pro.iect development and 0&M of porver projects. III. Ilxperts in Finance with experience in senior positions of F'inancial Institutions. Provided that one of the mernbers in each CICItr shcukl be frorn the categorl, rncntioned at 2(ll) above i.e. Sector fixperl having substantial domain knowledge ol'proiect development and 0&lr,{ of pow,e r projects. Y." Page 1 of4487 21 4t 2021 I HY DEL- I I S ECT| O N 3. Ilroad Terms and Conditions: 3.1 T'he pancl of the Independent Experts sliall remain valid lor a period of'three years fiom thc datc of its fbmration urd thc vulidity of panel can be extended but not beyond total tenure o1'5 years. Depending on the response from the conlesting parties and the work-load, the number of panels may be suitably increased tiom time to time. 3.2 Each member of CCIE would he paid a sum ol Rs. 50.000/- as sitting t'ee per sirting. In addition, Rs. 5,0001- per sitting rvill be paid f<lr local transport charges for each day of proceeding. The conciliation proceedings shall be cr"rmpleted in each case through 5 sittings in a period of not more than three months from the date the refbrence made to the CCIH. In exceplional cases, il any dispute so merits, the time period rnay be extended at the discretion of Conciliation Cornmittee (with reasons to be recorded in writing), for a lurther pcriod o1' three months. [n case. a panicular dispute requires more lhan 5 sittings, the same rnay be hc-lcl at the discretion of the CCIE but n'ith a cap on payment ol'fee lbr 5 sittings only.. I'he local transport chiugcs shall, howcvcr, bc paid as provided frrr each day of'sitting bey,oncl the 5 sittings. The CCIE shall hold day to day sitting at a suitable place (preferably the heaclquarrer of' the Developer or New Delhi) and may hokl as many siltings every month as it deems appropriate kceping in view' the volumc ol work. AII expenditure incurred on the conciliation proceedings including payment of l'ees to the Conciliators, of1ice space, logistic, secretarial assistance and other incidental expenses etc. shall be borne by the Developei CpSE/Statutory Btidy initially. Thereafter it shall be shared equalty by both parties on cornpletion of the concilialion process. 3.3. Therc shall not bc any conflict of interest for thc members of the CCIE due to their past assignments. Individuals appointed as CCIB members shall submit an underraking in this regard. It shall be ensured that they have not heen engaged for providing any services to any of the panies i.e. either Developer organisation or the Contractor in the last t-p'e years. 3.'t. 'lhe procedure of CCIE shall not be treated as alternate arbitration proceedings rvhere both parties come with Statemcnt ol' slaimsldefencc, argunents/cdunter arlumcnts. reioinders, written submissions etc., aided by their respective law-vers. The fbnrm orcClf it a conciliati0n forum, rvhere mutual give and takc constitutes the essence, rather than strict Iegal positions of the parties. Hence. the parties are expected to be brief ancl to the point belbre the conttnittse wittr regard tr-r thcir rcspructivc stance antl vicw the exercise in the spirit of conciliation / settlement. 4. Standard Ooeratins Proccdure: 1.1 On receipt of a reference liom the C'ontraetor fbr conciliation ol clispute. the concemed Head of Proiect (Developer) shall send a c.ommunication within 7 rvoiking days therehy inviting the Contractor to depute a team of their representatives to interact with the Contract Depaltment (l)eveloper). 'l he template of the communication is enclosed at Anne.x. whiclr may be modified as per requirement. 4-2 The Clontract Department (Developer) will ohtain the derails nnd examine the corespondence of cithcr parties relating to disputes. normally within 30 days. f hey may holl cliscussions with the team of Contractor and Head of Projccito crystallis. ih" i*ru.r; prepare the agenda containing the gist on each dispute and set up suitable meetings in an e'ffort to Page 2 of4 w-487 21 412021 IHY DEL-l I SECTTON resolve the issue internally. The present internal mechanisrn in the CPSI-: 1 Statutory llody may be fully exercised to resolve the issue even befbre attempting conciliation by C'CI[. 4.3 Once a conciliation request has been raised by the contractor, within 30 days the same shall be rct'erred to the CCIE in the event of the matter remaining unresolved intemally. The CMD/Board of thc I)evelopcr ma.v suitable decide an arnount involved in the dispute bclow which it would not go into the exercise of conciliation after weighing the nature and cluantum ol'disputes in the concerned organization. 4.4 The Developer will also be ltee to suggest the option of resolution ol'disputes by conciliation in case a dispute has arisen. The contractar may select nny one of the three CCIEs atier lcaving out those CCIEs which are unavailable due to work load or an,v other reasofl. A CC:IE will nonnally be considered unavailable if it is handling oases to such an cxtent that thcre would bc avoidable delay in the event of more cases being taken up by the same CCIE. 4.5 '['he rvork of maintaining details of CCIE. its membcrs. work load and allocation ol a r{ispute to CCIE will be entrusted to CIIA. 5. The possibility of non-availability ol' any one of thc mcmhers of CCIE in any proceedings oannot be ruled out. As such. the Comrni{t*e comprising the othcr two menrbers shall he conlpetent to proceed in the matter. "l^he proceedings of the Clomntittcc shall not be vitiated il' one of the tkee menbers of CCIH is not present in the deliherations ol'thc Committee. When the parties sign thc settlcment egreement. at least trvo conciliators shall authenticate the same. Such conciliation proceedings shall be considered valid ancl thc settlement agreemcnt will bc binding ein the p&rties. 6. ln case of any disagreement during execution ol-contracts. it is expected that the parties will take up the matter first with the l)ispute Avoidance Mechanism (through lndependent lJngincer). whercvcr the option is available. In case of its failure. the parties tnay relbr the matter turther to the Clonciliation Clommittee. The Conciliation process shall bc conducted under Part lll of thc Arbitration and Conciliation Act, 1996. The Conciliation C'ommittce would either bc able to resolvc and settle and dispute(s) between the parties, or the process ma1' Iail. In case of lbilurc ol' thc concilirtion process at thc lcvel of' the Conciliation C'omnrittec, thc partics may withclraw Irtrm cclnciliation process and take recourse to the laid down legal process of C'ourts. However, the option of Arbitration would not be availablc oncc the conciliation mechanism has been exercised. In the event of the conciliation proceedings bcing succcsslul. thc partics to the dispute would sign the written settlemcnt agrecnrcnl and the conciliators r.vould authenticate lhe same. Such settlement agreernent rvould then he binding on thc parties in terms of Section 73 of the Arbitration and Conciliation AcL 1996 7. AIter succcrss{ul conclusion ol proceedings, lhe Parties tei ilre conciliatiorr process, havc to unclertake and complete all necessary actiom kr implementation of the terms of settlement i.vithin a period of 30 days liom execution of settlement agreefircnt, unlcss a dillbrent tirnclinc not exceeding 60 days is agreed upon in settlement agreernenl. All pending claims of partics, in connectirx rvith the disputc. befbre any olher legal lbrunr are to be rvithdrarvrr r.vithin thc said 30 days in pursuancc of the settlcment agreement. 8. Once thc conciliation process succeeds in reaching a settlement agre*nlent. at the levcl ol'the Clonciliation Committee. further legal proceedings b1.'thc CPSIl/ Shtulory Bodyl v- Page 3 of4487 21 412021 /HYDEL-| ! SECTI ON Autonomous Body under MoP. will be allowed onl_v alier obtaining the approval of Ministry ofPower. 9. Procedure in cases alreadv nending hefore the Arbitral Tribunals / Courts: In cases ol disputes pending beftrre the Arbitration Tribunals or the Courts. both of the partics [i.e. f)eveloper and Contractor] need to agree to explore &e possibilities of conciliation through the Conciliation Committee of Irrdependent Experts. [n case ol. such agrecment, an appnrpriatc reference shall be made to the Conciliation Committee. upon which the Committee shall proceed to examine such referelrce(s). The option of resolution through conciliation through CCIE would he open nnly in the evenr oi'the parties rvithdrawing from arbitration procecdings and undertaking to li:rego their rights to proceecl l'trr further arhitrarion in the sutrjecf matter. However, other legal remedies woulel be open to thc parties in the event ofthe conciliation proceedings not being successful. I0. 't'he Conciliation Mechanism shall be available in all the existing an<i future contracts. Suitablc provisions of Conciliation Mechanisur shall be incorporatecl in rhe contract documents entcred into in the fulure by all Cl,SUs/Statutor.v- Bodies o{'Ministr.v ol,power. ll. CCIE is an alternate dispute resolution mechanism being put in the place by the Ministry- If the Contractor is not willing to take rccoursc ro this proccss or has any reluctance in this behalfl there shall be no cornpulsion ro takc such u *.orrr". 'l'his issues with the approval of Hon'ble Ministcr of Powcr an<J New & Renewable Finerg,v. (R. P. Pratlhan) Director {Hydel-Il) L C'hairperson. C'tiA l. Chairpcrson. ('WC 3. Cllvll)s / Chainnart(s) of all the C"llSl.ls i St.rtutor;- ljodics,/ Autononrous lJodics undrr thc iv,l inistry of' Por.ver Clony to: l. PS to Hon'ble Minister of Power & NRL 2. PS to I{MoS fbr Power 3. Sr. PPS ro Secretary (Porver) 4. Sr. PPS ro AS (SKO) / Sr. ppS to AS (VKD) / Sr. ppS to AS&FA 5. PPS to All Joint Secreraries in Ministry of power 6. PI,S to EA 7. All Directors / Deputy secretaries / Lrnder secretaries l Deputy Directors. \{op Page 4 of 448721 4t2021 IHY DEL-il SECTTON Annex Template Letter to be sent to the Concessionaire/ Contractor/ Consulting party From: HOP - concerned Developer Address ............................ To No. Date: Subject: Your reference dated _ regarding the Dispute in the project for a meeting at the level of CMD (Developer) and chairman (contractor Agency) for settlement. Sir, Kindly refer to your above cited reference on the subject cited above. lt is agreed to refer the matter for consideration of the CMD, Developer and Chairmen of BOD of the Contractor for settlement of the dispute. However, in order to arrive at any proposed conciliation, it would be useful if the team from the Developer and your Company / firm discuss and crystallise the issues in advance of the proposed meeting. 2. You are, therefore, requested to discuss the issues / disputes with the Developer team led by the Contract Mana8ement Division of the Developer on a date mutually convenient. Yours Sincerely, HOD / General Manager Concerned Developer Copy to: 1 CMD, Developer 2 AGM(Project), Developer. lt is requested that all correspondence / documents relating to the subiect along with index may please be furnished to the Contract Management Division within 7 days of this letter.Annex-!l! sI s8s0/202aHY oEL{ I SECTTO N F. No. r,7l ZZlzOZt :Fh.fi Governrnent of lndia (Bherat Sarkar! Ministry of power (Vidyut Mantralay| Shram Shakti Bhawan. Rafi Mara New Delhi, ttrefr$tpri t, ZOni OFFICE MEMOftANDUM i PS m ou p wb le eie rm c -et : n rD nte dis d up cb tu ry ote nc PR oSe f Us thso el Iu ct si oo ta an t r u -t mth or inro y iu n gg io h a e xic e po s en ruc t nl Mli da e et rl mo tn bh eef r o a inr d mc tha i enn ist cr t ,a r Eac t t iu -v a e r l e c gD o ai n rs dtp r io nu l gt e .os f i Mn i np isro trje yc ots f eSa n tac vo t iu sn atc oM gi rl ei yin a s i t Bs io ct or n oy d n iemo csf e i rucP iah no ta d iw on ee ni rs r m M ov ii fnd f o ie sr t o rs yM e t o tlo fe f Pm e oev wne etn r on efu x m c eo cb n ue t tr r in ad gca t u pte a od r w 2 d eg t rp .1 pu2 rt o. e2 jes0 c 2 ti s1 n . ( c TA o hn n en t re sax ac- itl d) s, moin eft cr co hpd asu nuc isse m d / contractuar ;h;"rgh three Nos. of Mco em mm beit rt e ee a co hf frln od me p ae mn od ne gn st t E thx ep e fort ls lo w(c ic nt gE, d s ci )s a. tp c eu c grt oEe r s ieh sa :v -e bJen constituted by sec leo cn tc inir gia t oio nn e I' ll' OsF eo &cr Mm to e r or f E o pxf opfi wc ee r etr s rs p ho ra of v jt eih n ce g t s r s .a un bk s to af n s tie ac l re dt oa mry a / i nA d kd nit "io *n r"a ll g s le c or fe t pa rr oy j eto ct th de e vG eo low p. m o ef ntn t d aia n. d lll' Experts in Finance with experience in senior positions of Financial lnstitutions. 2' ope rx fo e tjc e hu c et tl i s n n c g a at h r pT ee th i a vem etr tm r e i cba a oun l att aPi lm br Mo le ej, e i nca t eot s s r de t oh ip s far p e t u ts htae e e n ss t u ca rab nt ii s so iut en a sdn / w t ebiaa ryl os M ln ere u i cnc m tee b i rv oe re e prd v ro e ef fr l m oo c pom lm in t it ea nra n gcc t tp u os a pU r e rdu ain s topd rue str e (st ch oi i ns n t rM t ah ci en tr oi ms rt sar )y r cc oo nn cs ilt ii atu tete td h eb y co M nti rn ai cs tt ur ay l o df i sP puo tw ee s r r, e i ln a teit ds tp or e ms ie nn int gf o isr sm ue, sn oe fe td n em seo r ce e ag pde ton ivmc ei e a cs i on. a T le h mxpe ine e3 r st i .scc er E tos 3' cclE(sA ) hcc ao vir nd gin sg uly b, si tt a nh ta ias rdb oe men a id ne c eid xe pd e rtt io se e im n p ca on ae r-l m o inn ie n ga d sd ecit ti oo rn .al Member in the existing 4' Ministrl yn 's v Oie Mw oo f f e vth ene na ub mov be e, r c dl aa tu es de 22 9( .1lv 2) .2 Ais 2 1h :e -reby added below clause 2 (lll) of this "2.(lv): sector Expert having substantiar domain knowredge of coar mining sector,, 5' ln addition' following para Zof clause 2 of the oM of even number dated zg.L\.zazl is modified as under: Contd...2.51 5850/202UHY OEL-[ SECTTO N -t21" Originalflause "Provided that one of ths Members in each CCIE should be from the category mentioned at ztlll above i.e. Sector Expert having substantial domain knowledge of project development and O&M of power projects." replaced with "Provided that the composition of the CCIE should be such that there shall be (a) one member from category 2lll, (b) one rnember from Category 2{lll}, and {c} one member from Category 2(llI when dealing with disputes relating to power projects or Category 2{lV} when dealing with disputes r*lating tu captive coal mines." 6. The remaining terms & conditions of the aforessid OM will remain unchanged. This issues with the approval of Hon'ble Minister of Power & NRE. 1 (R. P. Fradhanl Oirector 1. Chairperscn, CEA 2, Chairperson, CWC 3. CMDs I Chairman(s) of all the CPSUs I Statutory Bodi*s / Autonomous Bodies under th* Ministry of Power Copy to: 1, P5 to Hon'hle Minister of Power & NRE 2- PS to HMoS for Power 3. 5r. PPS to Secretary (Power) 4. 5r. PPS to As {SKG} I Sr. PPS to AS (VKD)/ 5r. PPS to AS & FA 5. PPS to AllJoint Secretaries in Ministry of Fower 6. PPS to EA . 7 All Directors / Deputy Secretaries / Under Saretaries / Deputy Directors, MoPF. No. LU221 z02t-Th.tt Government of lndia (Bharat Sarkar) Ministry of Power (Vidyut Mantralay) Shram Shakti Bhawan, RafiMarg New Delhi, the 18th October, 2023 oFFrcE MEMORFNOUM Subject: Dispute Resolution through Conciliation for Contractual Disputes in Projects implemented by CPSUs / Statutory Bodies under the administrative conrol of Ministry of * Power - Constitution of Conciliation Committee of lndependent Experts {CCIE} Corrigendum Reg. ln partial modification of this Ministry's OM of even number dated ?9.12,2021. {copy enclosed) regarding resolution of contractual disputes in the Projects implemented by CFSUs / Statutory Bodies under the administrative control of Ministry of Power through conciliation by Conciliation Committee of lndependent [xperts {CCIE}, following amendments are hereby made in the CCIE mechanism:-. 2. Para 5 of the oM No. F. No. 11/22 /2CI27-Th.fi dated 29.12.2021 may be read as under: ln cose af any disagreement during execution of contracts, it is expected that the porties willtake up the matter first with the Dispute Avoidance Mechonism {through lndependent Engineer), wherever the option is available. ln cose of its failure, the porties may refer the motter further to the Conciliotion Committee. The Conciliation process sholl be conducted under Part ttt of the Arbitrotion and Cancitiatian Act, 1"996. The Canciliation Committee woutd either be obte to resolve and settle dispute{s) between the porties, or the process may foil. tn case of laiture of the canciliotion process at the level of the Conciliation Committee, the parties moy withdraw lrom conciliatian process and take rccourse to Arbitation oroceedinqs or the loid down legol process of Courts. tn the event of the canciliotion proceedings being successful, the parties to the dispute would sign the written settlement ogreement ond the canciliators would outhenticote the same. Such settlement ogreement would then be binding on the porties in terms of Section 73 of the Arbitration and Conciliotion Act, 7996 3 Para 9 of the oM No. F. No. 1.{22l2021-rh.lt dated 29.12,2021 may be read as under: ln cases of disputes pending before the Arbitration Tribunols or the Courts, both the porties [i.e. Developer ond Contractor] need ta ogree to explore the possibilities of conciliation through the Conciliation Committee of lndependent Experts. ln case of such agreement, an appropriate reference sholl be mode to the Conciliation Committee, upon which the Committee shalt proceed to exomine such reference{s). tn_ the event af the conclliation praceedinas bsino successful. the panies to the disoute would ,ian the wrltten settlement-aareement and the concltiotorc would U,tovthenticate the sgme. Such settlement gareeaeot wautd then be bindina on the Porties in terms of Section 73 of the Arbitrotion ond Conciliotion Act. tgg6. "lhe @ eeneiliatia* through G€lE would be epen enly in the eveet ef the Parties withdr*wint frem arbitratien preeeedings and undertaking te ferete their rithts t+preeeed fer further arbitratien in the subjeet matter, He!rever, ether legal remedies wesld be epen te the /rffrlffs. However, the parties mav resume the Arbitrction proceedinas or take recourse to anv other leool remedies in the event of the conciliation proceedings not being successful. 4. The aforementioned changes will be effective from the date of issuance of this Office Memorandum. 5. This issues with the approval of the Competent Authority. v$ry (Vikrant 5. Dhillon) Deputy Director Tel: 011-23705841 Email: hydro2-mop@gov.in 1. Chairperson, CEA 2. Chairperson, CWC 43. .C M ltD l s/C nh aa rir xp ber eco rrn s 4-to ra rll l fC tP S -U s J/S .t !a Jtw I.ory bodies/ Autonomous bodies under Mop Copy to: 1. PS to Hon'ble Ministerof Power and New & Renewable Energy 2. PS to Secretary {Power) 3. PAtoSS&tA 4, 5r. PPS to AS (ATl 5. PPS to allJoint Secretaries in Mop 6. PPS to t,A 7. All Directory DS/ U5/ DD, MoP Copy also to: ln-charge, NIC Cell. MoP with request to publish the instant OM on the homepage of the website of Ministry of Power.