(1) All information submitted and discussions held in pursuance of the settlement proceedings under these regulations shall be deemed to have been received or made in a fiduciary capacity and the same may not be released to the public, if the same prejudices the Board and/or the applicant.
(2) Where an application is rejected or withdrawn, the applicant and the Board shall not rely upon or introduce as evidence before any court or Tribunal, any proposals made or information submitted or representation made by the applicant under these regulations:
Provided that this sub-regulation shall not apply where the settlement order is revoked or withdrawn under these regulations.
Explanation. – When any fact is discovered in consequence of information received from a person in pursuance of an application, so much of such information, whether it amounts to an admission or not, as relates distinctly to the fact thereby discovered, may be proved.
Power to remove difficulties.
30. In order to remove any difficulty in the interpretation or application or implementation of the provisions of these regulations, the Board shall have the power to issue clarifications and specify procedures through circulars or guidelines.
Irregularity in procedure
31. No settlement order or rejection of a settlement application shall be void on ground of any defect in procedure or calculation of the settlement amount or on account of any vacancy in or any defect in the constitution of any committee under Chapter V:
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Provided that, nothing in these regulations shall prohibit the Board from revoking the settlement order where the applicant fails to pay any difference due to any discrepancy in calculation of the settlement amount:
Provided further that, the applicant shall continue to be bound by the waivers given in respect of limitation or laches in respect of initiating or continuing or restoring of any legal proceeding and the waivers given in sub-paras (d), (e) (f) and (g) of para 12 of the undertaking and waivers as provided in Part-C of the Schedule-I.
Relevance of these regulations in specified proceedings
32. Schedule-II of these regulations shall be relevant but not bind the Board or an Adjudicating Officer in any specified proceeding and the Board or the Adjudicating Officer may apply them to the extent possible.
Procedure for composition.
33. The provisions of Chapters IV to VI and Schedule-II may be applied mutatis mutandis for arriving at a proposal pursuant to a compounding application.
Repeal and savings.