The Government Agency or the Local Authority will provide all facilities to the Developer for obtaining statutory clearances at State Level, for providing power and water at Project Site during construction on such terms as may be prescribed and provide best effort support for obtaining Central Government clearances and assistance in rehabilitation and resettlement activities if any incidental to the Project on such terms as may be prescribed.
CHAPTER-V CONCILIATION BOARD
32. Establishment of Board - The State Government may by notification, establish a Board to be called the “Conciliation Board” with effect from such date as may be specified.
33. Constitution of the Board - The board will comprise of 3 members and will have a retired High Court Judge acting as its Chairperson and two other members who shall be experts in the field of either infrastructure of finance or banking or law.
34. Head Quarters - The Board will have its permanent Head Quarters at Hyderabad and the Board shall meet under the Chairpersonship of the Chairperson.
35. Term of Office of the members - Every member of the Board shall hold office for the term of 3 years from the date of appointment. The State Government shall be entitled to reappoint any member or members for one more term of 3 years.
36. Terms and conditions of appointment - The Terms and conditions of appointment, remuneration and perquisites of the members shall be such as may be prescribed by the Government.
37. Functions of the Board - The Functions of the Board shall be as follows,-
(a) To assist the Government Agency, or Local Authority and any Developer in an independent and impartial manner to reach an amicable settlement of their disputes arising under the Act or the Concession Agreement;
1. For the words ‘Infrastructure Authority’ the word ‘Government’ shall be substituted in Sec.30, by Act 3 of 2017, Sec.12.
(b) The Board shall be guided by principles of objectivity, fairness, obligations of the parties, the usages of the trade and the circumstances governing the disputes including the good business practice prevalent in the national and internation field covered by the dispute between the parties;
(c) The Board may conduct the conciliation proceedings in such a manner as it may consider appropriate, taking into account the circumstances of the case the wishes of the parties that may be expressed and for reaching a speedy settlement of the dispute;
(d) The Board may, at any stage of the conciliation proceedings, make proposals for settlement of dispute. Such proposal need not be in writing and need not be accompanied by any statement of reasons therefor.
38. Administrative assistance - In order to facilitate the conduct of the conciliation proceedings, the Board with the consent of the parties, may arrange for administrative assistance by suitable institution or person.