The board shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while dealing with the conciliation proceedings in respect of the following matters, namely:-
(i) The summoning and enforcing the attendance of any party or witness and examining the witness on oath;
(ii) The discovery and production of any document or other material as evidence;
(iii) The reception of evidence on oath;
(iv) the requisitioning of the report of any body or any analysis or decision from the appropriate forum or laboratory or other relevant sources;
(v) The issuing of any commission for examining any witness;
(vi) The power to regulate its own procedure and prescribe rules; and
(vii) any other matter, which may be prescribed.
40. Judicial Proceeding - Every proceeding before the Board shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and the Board shall be deemed to be a Civil Court for the purpose of section 195 and Chapter XIV of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
CHAPTER - VI CONCILIATION PROCEEDINGS
41.Application and Scope - Any dispute, claim, or difference arising out of or in connection with or in relation to any Concession Agreement or contract between the Government Agency or Local Authority on the one hand and the Developer on the other hand, shall as far as possible, be amicably settled between the parties. In the event of any dispute, claim or difference not being amicably resolved, such dispute, claim or difference shall be referred to the Conciliation board.
42. Commencement of conciliation proceedings - (1) The party initiating conciliation shall send to the other party a written invitation to conciliate under this part, briefly indentifying the subject matter of the dispute, claim and/or difference. The party initiating conciliation shall file the invitation with the Board in such Form as may be prescribed.
(2) The conciliation proceedings shall commence when the other party receives the written invitation from the party initiating conciliation.
(3) If the other party does not reply or does not participate in the conciliation proceedings, then the Board shall have power to call upon the other party to file its reply or give notice to the other party and proceed further without reply.
(4) The Board may request each party to submit to it further written statement of their position and the facts and grounds in support thereof, supplemented by any document and other evidence as such party deems appropriate. The parties shall send a copy of such statement, documents and other evidence to the other party.
43. The Board and certain Enactments - The provisions of section 66 of the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996) shall apply to the Board as regards the Code of Civil Procedure, 1908 (Central Act 5 of 1908) and the Indian Evidence Act, 1872 (Central Act 1 of 1872).
44. Co-operation of the parties with the Board - The parties shall Co-operate with the Board and in particular, shall comply with requests by the Board to submit written materials, give evidence and attend meetings.
45. Suggestions by parties for settlement of dispute - Each party may on his own initiative or at the invitation of the Board, submit to the Board suggestions for the settlement of the dispute.
46. Settlement agreement - (1) When it appears to the Board that there exists a possibility of a settlement, the terms and conditions of which may be acceptable to the parties, the Board shall formulate the terms and conditions of the possible settlement and submit the same to the parties for their observations. After receiving the observations of the parties, if any, the Board may reformulate the terms and conditions of the possible settlement.
(2) If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the Board may draw up or assist the parties in drawing up the settlement agreement.
(3) When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively.
(4) The board shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.
47. Status and effect of settlement agreement - The settlement agreement shall have the same status and effect as if it is an arbitral award on agreed terms on the substance of the dispute rendered by an Arbitral Tribunal under section 30 of the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996) or its amendment or re-enactment as the case may be.
48. Termination of conciliation proceedings - The conciliation proceedings shall be terminated, -
(a) by the signing of the settlement agreement by the parties, on the date of the agreement; or
(b) by an order of the Board, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the order; or
(c) by a written communication of the parties jointly addressed to the Board to the effect that the conciliation proceedings are terminated on the date of the communication; or
(d) on the expiry of the period of 3 months from the date of the commencement of the conciliation proceedings, if the parties to conciliation proceedings request in writing to continue conciliation, such conciliation proceedings shall stand terminated on the expiry of period of 90 days from the date of such joint communication in writing to the Board requesting the Board to continue conciliation.
49. Resort to Arbitral or Judicial Proceedings - (1) The parties shall not initiate during the conciliation proceedings any arbitral or judicial proceedings in respect of any dispute, claim or difference i.e. the subject matter of the conciliation proceedings.
(2) Notwithstanding the provisions of sub-section (1) herein the party may initiate arbitral or judicial proceedings, where, in his opinion, such proceedings are necessary for preserving his rights during the conciliation proceedings.
50. Commencement of arbitral or judicial proceedings - No party shall commence any arbitral or judicial proceedings in respect of any dispute, claim or difference arising out of or in connection with or in relation to any contract or concession agreement, without first initiating the conciliation proceedings and commencing the conciliation proceedings by sending to other party a written invitation to conciliate and filing the same with the Board.
51. Costs - (1) Upon termination of the conciliation proceedings the Board shall fix the costs of the conciliation and give written notice thereof to the parties.
(2) For the purpose of sub-section (1) “costs” means reasonable costs relating to,-
(a) the fees of the Board as may be prescribed and expenses of the Board and witnesses requested by the Board with the consent of the parties;
(b) any expert advice requested by the Board with the Consent of the parties;
(c) any assistance provided by the Conciliation Board;
(d) any other expenses incurred in connection with the conciliation proceedings and the settlement agreement.
(3) The costs shall be borne equally by the parties unless the Settlement Agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party.
52. (1) The Board may direct each party to deposit an equal amount as an advance for the costs referred to in sub-section (2) of section 51, which the Board expects, will be incurred.
(2) During the course of the conciliation proceedings, the Board may direct supplementary deposits in an equal amount from each party.
(3) If the required deposits under sub-sections (1) and (2) are not paid in full by the parties within thirty days of the direction, the Board may suspend the proceedings or may take a written order of termination of the proceedings to the parties, effective on the date of that order.
(4) Upon termination of the conciliation proceedings, the board shall render an account to the parties of the deposits received and shall return any unexpended balance to the parties.