No.

283/56/2021-GRID SOLAR
+41 Jq] / Government of India
7ah7 3fl rd)azufa 3uf in1u/ Ministry of New & Renewable Energy (MNRE)
pre @ sf TT / Grid Solar Power Division
Block-14, C.G.O. Complex,
Lodi Road, New Delhi - 110003.
Date: 3rd March, 2022

To:
Addl. Chief Secretaries / Pr. Secretaries / Secretaries of Power / Energy / Renewable
Energy Departments of State Governments/ UT Govts./ Administrations

Subject: Setting up Dispute Resolution Mechanism in states for renewable energy

projects-reg.

The Ministry of New & Renewable Energy (MNRE) has set up a Dispute
Resolution Committee (DRC) consisting of eminent persons to deal with disputes
between MNRE's Renewable Energy Implementing Agencies (REIAs) [(SECI/
NTPC Ltd./ NHPC Ltd.] and Renewable Energy developers. These disputes
include:

• All requests for 'Extension of Time' due to recognized Force Majeure'

events.
• All requests of 'Extension of Time' not covered under the terms of
contract.
• All disputes other than those pertaining to 'Extension of Time' between
MNRE's REIAs and RE developers.

2. Details in this regard may be seen in MNRE's Order no. 283/124/2018-GRID

SOLAR dated 18.06.2019 and subsequent amendments thereto dated 20.09.2019,
09.12.2019, 25.09.2020 (copies enclosed) and Procedural Guidelines issued
thereundervide MNRE's Letter No. 283/124/2018-GRID SOLAR dated 20.09.2019
(copy enclosed).
 3. The 1Dispute Resolution Committee' (DRC) submits its recommendations to
the Ministry of New & Renewable Energy (MNRE), which are examined by MNRE
and the same, along with MNRE's observations thereupon, are placed before
Hon'ble Minister (NRE) for final decision.

4. The mechanism of DRC has been successful in expeditious resolution of

disputes and based on the recommendations of DRC, this Ministry has
successfully decided upon 27 cases so far.

5. State Governments are requested to consider setting up similar mechanism for

dispute resolution in respect of renewable energy projects directly bid out by
them.

6. This is being issued with the approval of Hon'ble Minister (NRE & Power).

Yours faithfully,

Ms.51
. ..Be
Scientist-B
Email: ayush.mnre@gov.in

Copy for internal circulation to:

1. PS to Hon'ble Minister (NRE & Power)

2. PS to Hon'ble MoS (NRE)
3. Sr. PPS to Secretary, MNRE
4. All Joint Secretaries/ JS&FA/All Scientist-G/Economic Advisor/All Group
Heads in MNRE
5. DS (VD)
6. Sci-D (SK)
7. DS (IFD)/ US (IFD)
8. NIC, MNRE, for uploading on MNRE Website.
 No. 283/124/2018-GRID SOLAR
~ fFlcfil{ / Government of India
~ 3ITT' irlc:flcfi{Oft.q ~ .J.iiiifo14/ Ministry of New & Renewable Energy
f.us" ~ ~ ~m-a,- I Grid Solar Power Division

~~ 14, ~cfi1.Qh>J,Q mm,

~m-. ~~-110003
Block No. 14, C.G.O. Complex,
Lodi Road, New Delhi - 110003
Dated: 18 June, 2019

ORDER

Sub: Setting up of a Dispute Resolution Mechanism to consider the unforeseen

disputes between solar/ wind power developers and SECI/ NTPC, beyond
contractual agreements - regarding.

1. The Solar and Wind Industries have been demanding for setting up of Dispute
Resolution Mechanism by MNRE for quite some time, to resolve expeditiously, unforeseen
disputes that may arise beyond the scope of Contractual Agreements between solar
power developers/ wind power developers and SECI/ NTPC.
2. The issue has been considered and it is felt that there is need to erect a
transparent, unbiased Dispute Resolution Mechanism, consisting of an independent,
transparent and unbiased Dispute Resolution Committee (DRC), for resolving the
unforeseen disputes that may arise in implementation of contractual agreements and also
for dealing with issues which are beyond the scope of Contractual Agreements between
solar power developers/ wind power developers and SECI / NTPC.
3. The Government after careful examination of the issues involved, issues the
following orders:
(i) A three member Dispute Resolution Committee (DRC) will be set up with the approval
of Hon'ble Minister (NRE), consisting of eminent persons of impeccable integrity. The
upper age for the DRC members shall be 70 years. The Committee members of DRC
shall be chosen from the eminent persons located in NCR of Delhi so as to avoid
expenditure on Air Travel & accommodation. The selection of DRC Members would be
such that there is no conflict of interest involved.

(ii) The mechanism of Dispute Resolution Committee (DRC) will be applicable for all solar/
wind Schemes/ Programmes/ Projects being implemented through/ by SECI/ NTPC.

(iii) The DRC will consider following kinds of cases:

(a) All cases of appeal against decisions given by SECI on Extension of Time requests
based on terms of contract: All requests for extension of time due to recognized 'Force
Majeure' events like flood, earthquake, delay in handing over of land by Solar Park

Page 1 of 3
 Developers, delay in connectivity, etc. will be dealt strictly as per Contractual
Agreements. In all such cases, the solar power developers/ wind power developers
shall make an application for grant of Extension of Time (EoT) within the time specified
in the Contractual Agreement. If application is not made within the time limit prescribed
in the Contractual Agreement, it shall be summarily rejected by SECI/ NTPC. If
application is made within the time limit, the request will be examined and final decision
given to solar power developer/ wind power developer within twenty-one (21) days
from the date of application. No separate extension of time shall be granted for
overlapping periods of effect by two or more causes. If the developer is not satisfied
with the decision of SECI/ NTPC, then it may appeal to the Dispute Resolution
Committee (DRC), within 21 days of SECI/NTPC's order after paying a fee, to be
decided by the DRC, which in any case shall not be less than 5% of the impact of
SECl's/NTPC's decision being challenged. This fee shall be deposited into the
Payment Security Fund maintained by SECI/ NTPC for the project concerned. In
case, the Government upholds the appeal in toto, after taking into consideration the
recommendation of DRC, and strikes down the SECI order, then the fee so collected
shall be refunded, provided the DRC makes a recommendation for the same and the
Government passes a specific order to that effect. The Fee which may be received
and is not required to be refunded, shall be credited to the appropriate Payment
Security Fund being maintained by SECI/ NTPC.

(b) All requests of Extension of Time not covered under the terms of contract: All cases
involving unforeseen issues/ circumstances not covered under Contractual
Agreements like cases where the site is to be procured by the developer but there is
delay in land allotment due to policy change or registration by the Government, delays
in grant of proposed connectivity due to court stays, etc., will be placed before the DRC
for consideration and make recommendations to M/o New & Renewable Energy
(MNRE) for appropriate decision.

(iv) The 'Dispute Resolution Committee' (DRC) will examine all such cases referred to it,
including the cases where the developer is not satisfied with the decision of SECI/NTPC
and it decides to appeal after paying the required fee as laid down under Para (ii) (a)
above, in a time bound manner and submit its recommendations to the Ministry of New &
Renewable Energy (MNRE), not later than twenty-one (21) days from the date of
reference.

(v) The recommendations of the 'Dispute Resolution Committee' (DRC) along with
MNRE's observations, will be placed before Hon'ble Minister (NRE) for final decision. The
Ministry shall examine and put up such recommendations to Minister (NRE) with the
comments of IFD within twenty one (21) days of receipt of recommendation from the DRC.

(vi) DRC members shall be paid Rs.4,000/- per sitting, not exceeding Rs.20,000/- per
member per case referred. Cases involving similar issues will be treated as one case. The
fee for DRC members shall be paid by SECI/ NTPC.

(vii) The meetings of DRC shall be organized in the premises of SECI/ NTPC respectively.
All arrangements for the DRC meeting shall be made by SECI/ NTPC.

(viii) The DRC members shall be provided transportation from their place of residence to
the venue of the meeting and back.

Page 2 of 3
(ix) To arrive at any decision, Committee will be free to interact with the relevant parties of
the case and shall record their views. For presenting the case before the DRC, no lawyers
shall be permitted.

This issues based on approval of Hon'ble Minister (NRE).

q1··
(Shobhit Srivastava)
Scientist-C
Tel: 011-24360707; Extn. No. 1016

To:

1. The Chairman & Managing Director, NTPC Ltd., NTPC Bhawan, Scope
Complex, 7, Institutional Area, Lodhi Road, New Delhi- 110003, Email:
cmd@ntpc.co.in

2. The Managing Director, Solar Energy Corporation of India Limited (SECI), 1st
Floor, D-3, A Wing, Prius Platinum Building, District Centre, Saket, New Delhi-
110017, Email: md@seci.co.in

Copy for internal circulation to:

1. PS to Hon'ble Minister (Power & NRE),

2. Sr. PPS to Secretary, MNRE
3. PPS to AS/ PPS to AS&FA
4. JS (BPY)/Adv (ON)
5. Dir (RG)/ OS (IFD)/ US (IFD)

Page 3 of 3
 No. 283/124/2018 -GRID SOLAR
/ Government of India
34-{ chtu irillielq/ Ministry of New & Renewable Energy
f)s •eti 511-TraT / Grid Solar Power Division

Block-14, C.G.O. Complex,

Lodi Road, New Delhi — 110003.
Date: 20th September, 2019

Sub: Procedural Guidelines for Dispute Resolution Mechanism to consider the unforeseen
disputes between solar/wind power developers and SECl/ NTPC, beyond contractual
agreements —reg.

Ministry of New and Renewable Energy(MNRE) vide Order of even No. dated 18.06.2019 has
set up Dispute Resolution Mechanism to consider the unforeseen disputes between solar/ wind power
developers and SECl/ NTPC and disputes relating to Extension of Time requests. In order to provide
an implementation framework for the said Dispute Resolution Mechanism (DRM) and for the functioning
of Dispute Resolution Committee (DRC), the present guidelines are being issued. The mechanism of
Dispute Resolution Committee (DRC), will be applicable to Schemes/Programmes/Projects being
implemented through/by SECl/NTPC. The details are as follows:

(1). SECI and NTPC will provide a Secretariat for the Dispute Resolution Committee, with its head
being designated as Secretary (DRC/SECI) or Secretary (DRC/NTPC), as the case may be.
SECl/NTPC will make available one officer each, not below the rank of General Manager, who shall
function as the Secretary of the Dispute Resolution Committee. All the applications under the DRM,
whether for appeal against the decisions given by SECl/NTPC based on the terms of contract or the
requests not covering under the terms of contract, shall be addressed to the Secretary of the DRC. The
names and contact addresses of Secretaries shall be prominently displayed on their respective
websites. SECl/ NTPC shall also provide adequate support to the DRC Secretariat, in terms of
supporting staff, IT support and other amenities, for processing the applications.

(2). All applications shall be addressed to the Secretary (DRC) at SECl/NTPC with a copy sent to
MNRE's Division dealing with the DRM.

(3). All applications received in a particular week, whether appeal or otherwise, should be placed
before the DRC as soon as possible, in the following week, in consultation with the members of DRC
by the respective Secretaries (DRC) of SECl/NTPC.

(4). The Secretaries (DRC) would club all applications of similar nature, involving similar issues in
terms of Para 3(vi) of the DRM Order, before placing the same before DRC.

(5). The DRC at the first instance would come to a finding on whether the case is covered under
the scope of work prescribed in the Order No. 283/14/2018 - Grid Solar dated 18/6/2019 setting up the
DRM, read with subsequent amendments thereon. If the case does not fall under the scope or if the
applicant has come directly to the DRC without first taking recourse to SECl/ NTPC, the application
would be summarily rejected.

(6). Fee would be payable in all cases as per amendment to the Order No. 283/124/2018-GRID
SOLAR dated 18/06/2019 issued vide Order No. 283/124/2018-GRID SOLAR dated 20/09/2019. If the
fee is not paid, then the Secretary (DRC) shall return the application with request to the applicant to
submit the required fee.

(7). In cases, involving clubbed applications requiring payment of mandatory fee, any default in
payment of fee by one party will only render that application to be rejected and the outcome of DRC's
decision on the main case will not have any bearing on this defaulting applicant.

(8). After the application is brought before it, the DRC shall hold hearings on the subject and submit
its recommendations to MNRE not later than 21 days of such reference. Since a number of applications

Page 1 of 2
may be received on similar issues in a particular week, for the purpose of these Guidelines and the
DRM Order, the date of reference shall be the date of first hearing on the application(s).

(9). The DRC shall meet at least once every week, provided there are cases/ applications pending
before DRC for resolution. The Secretary (DRC) of SECl/NTPC would ensure that the meetings of DRC
are convened in a manner and frequency that can ensure adherence to 21 days period kept for decision
on a case.

(10). In cases, where the DRC is unable to give their decision within the time frame of 21 days, the
Secretary (DRC) appointed by SECl/ NTPC shall inform MNRE in this regard and MNRE may provide
an additional 14 days within which the DRC will have to take a decision.

(11). In terms of Para 3 (ix) of the DRM Order, DRC will be free to interact with relevant parties of
the case and shall record their views. No lawyers shall be permitted for presenting the case before
DRC. SECl/ NTPC would also be permitted to present their views/ arguments on the pleas made by the
applicant. If required, DRC may interact with MNRE, in which case, the MNRE's Division dealing with
the DRM shall act as Ministry's nodal point.

(12). Since the order dated 18.06.2019, with amendments thereon dated 20.09.2019, in Para 3,
allows the developer to appeal to DRC against the SECl/NTPC's order within 21 days of SECl/NTPC's
order, any adverse financial impact coming on the developer in pursuance of such order by SECl/NTPC
should be put in abeyance for 21 days subsequent to the issuance of such order. In case appeal, is not
filed within the said period of 21 days, or appeal is rejected for want of requisite fee, action as
appropriate can be taken by SECl/NTPC. Further, no coercive action shall be taken on cases brought
before the DRC till the final disposal of the appeal by the DRC and Ministry, where applicable.

(13). The DRM has been set up to facilitate the resolution of disputes in the solar and wind sector,
between SECl/NTPC and the developers. As the DRM will help in furtherance of SECl/NTPC's role as
intermediary procurer by enhancing the investors' confidence, all expenses coming out of the Dispute
Resolution Mechanism Order dated 18.06.2019, or these Guidelines, including the expenses related to
the DRC and the secretariat thereof, shall be borne by SECl/NTPC and no recourse to any Payment
Security Fund, if any, shall be made in this regard.

This issues with the approval of Hon'ble Minister (Power & NRE).

(Sanjay Karndhar)
Scientist-C
Email: karndhar.sg@nic.in

To:

1. The Chairman & Managing Director, NTPC Ltd., NTPC Bhawan, Scope Complex, 7,
Institutional Area, Lodhi Road, New Delhi- 110003, Email: cmd@ntpc.co.in

2. The Managing Director, Solar Energy Corporation of India Limited (SECI), 1st Floor, D-3,
A Wing, Prius Platinum Building, District Centre, Saket, New Delhi110017, Email:
md@seci.co.in

Copy for internal circulation to:

1. PS to Hon'ble Minister (Power & NRE)

2. Sr. PPS to Secretary, MNRE
3. PPS to AS, MNRE/ PPS to AS&FA, MNRE
4. JS (AKS)/ JS (BPY)/ Adv (DN)
5. DS (IFD)/ US (IFD)
6. NIC, MNRE, for uploading on MNRE Website.

Page 2 of 2
 No. 283/124/2018 -GRID SOLAR
$417-6' / Government of India
WjW 3t{ chiu 1, 3-Ai e•iguipii/ Ministry of New & Renewable Energy
itg .5,011 TT / Grid Solar Power Division
Block-14, C.G.O. Complex,
Lodi Road, New Delhi — 110003.
Date: 20th September, 2019
ORDER

Sub: Dispute Resolution Mechanism to consider the unforeseen disputes between solar/ wind
power developers and SECl/ NTPC, beyond contractual agreements — Amendment
regarding.

Reference is invited to this Ministry's Order of even no. dated 18.06.2019 on the above
mentioned subject.

2. The undersigned is directed to convey that the said Order hereby stands amended as follows:

Para No. in Existing Provision Amended Provision

Order dtd
18.06.2019

The mechanism of Dispute Resolution The mechanism of Dispute Resolution

Committee (DRC) will be applicable for Committee (DRC) will be applicable for
all solar/ all solar/ wind Schemes/ Programmes/
wind Schemes/ Programmes/ Projects Projects being implemented through/ by
being implemented through/ by SECl/ SECl/ NTPC.
NTPC.
In case of all disputes, whether covered
by PPA or not, application shall have to
be made first to SECl/NTPC. SECl/
NTPC would pass speaking orders on
such requests, with the objective being
to give a just solution to the developers
with a sense of justice and fair play,
even in situations not covered by PPA,
so that the aim of setting up renewable
projects are achieved. If the applicant
party is not satisfied with the orders of
SECl/NTPC, then it can appeal to the
DRC.

3(iii) The DRC will consider following kinds of The DRC will consider all kinds of cases
cases: of appeal against decisions given by
SECl/NTPC on disputes, as follows:

(a). All cases of appeal against decisions (a). All requests for extension of time
given by SECI on Extension of Time due to recognized 'Force Majeure'
requests based on terms of contract: All events like flood, earthquake, delay in
requests for extension of time due to handing over of land by Solar Park
recognized 'Force Majeure' events like Developers, delay in connectivity, etc.
flood, earthquake, delay in handing over will be dealt strictly as per Contractual
of land by Solar Park Developers, delay Agreements, where applicable. In all
in connectivity, etc. will be dealt strictly as such cases, the solar power developers/
per Contractual Agreements. In all such wind power developers shall make an
cases, the solar power developers/ wind application to SECl/NTPC for grant of
power developers shall make an Extension of Time (EoT) within the time
application for grant of Extension of Time specified in the Contractual Agreement.

Page 1 of 4
Para No. in Existing Provision Amended Provision
Order dtd
18.06.2019

(EoT) within the time specified in the If there is no time limit prescribed in the
Contractual Agreement. If application is PPA for making such an application,
not made within the time limit prescribed then the application must be made
in the Contractual Agreement, it shall be within seven days of the cause of
summarily rejected by SECl/ NTPC. If dispute taking place on the first
application is made within the time limit, occasion. If application is not made
the request will be examined and final within the time limit prescribed, it shall
decision given to solar power developer/ be summarily rejected by SECl/ NTPC.
wind power developer within twenty-one If application is made within the time
(21) days from the date of application. No limit, the request will be examined and
separate extension of time shall be final decision given to solar power
granted for overlapping periods of effect developer/ wind power developer within
by two or more causes. If the developer twenty-one (21) days by SECl/NTPC
is not satisfied with the decision of SECl/ from the date of application. No
NTPC, then it may appeal to the Dispute separate extension of time shall be
Resolution Committee (DRC), within 21 granted for overlapping periods of effect
days of SECl/NTPC's order after paying by two or more causes. If the developer
a fee, to be decided by the DRC, which is not satisfied with the decision of SECl/
in any case shall not be less than 5% of NTPC, then it may appeal to the Dispute
the impact of SECI's/NTPC's decision Resolution Committee (DRC), within 21
being challenged. This fee shall be days of SECl/NTPC's order.
deposited into the Payment Security
Fund maintained by SECl/ NTPC for the
project concerned. In case, the
Government upholds the appeal in toto,
after taking into consideration the
recommendation of DRC, and strikes
down the SECI order, then the fee so
collected shall be refunded, provided the
DRC makes a recommendation for the
same and the Government passes a
specific order to that effect. The Fee
which may be received and is not
required to be refunded, shall be credited
to the appropriate Payment Security
Fund being maintained by SECl/ NTPC.

(b). All requests of Extension of Time not (b). All requests of Extension of Time not
covered under the terms of contract: All covered under the terms of contract: All
cases involving unforeseen issues/ cases involving unforeseen issues/
circumstances not covered under circumstances not covered under
Contractual Agreements like cases Contractual Agreements like cases
where the site is to be procured by the where the site is to be procured by the
developer but there is delay in land developer but there is delay in land
allotment due to policy change or allotment due to policy change or
registration by the Government, delays in registration by the Government, delays
grant of proposed connectivity due to in grant of proposed connectivity due to
court stays, etc., will be placed before the court stays, etc., will be placed before
DRC for consideration and make SECl/NTPC within seven days of the
recommendations to M/o New & issue/ circumstance arising on the first
Renewable Energy (MNRE) for occasion. The final decision shall be
appropriate decision. given to solar power developer/ wind
power developer within twenty-one (21)
days by SECl/ NTPC from the date of
application. No separate extension of

Page 2 of 4
Para No. in Existing Provision Amended Provision
Order dtd
18.06.2019

time shall be granted for overlapping

periods of effect by two or more causes.
If the developer is not satisfied with the
decision of SECl/ NTPC, then it may
appeal to the Dispute Resolution
Committee (DRC), within 21 days of
SECl/NTPC's order.

(c). All disputes other than those

pertaining to 'Extension of Time'
between SECl/NTPC and developers:
All other disputes, apart from those
pertaining to Extension of Time shall
also be dealt as detailed at (b) above.

(d). All applications before DRC under

(a), (b) and (c) above shall be
accompanied with the applicable fee as
detailed below:

(i). In case of Extension of Time dispute,

the fee payable shall be 5% of the
impact of SECl/NTPC's decision being
challenged, with the impact being limited
to the Performance Bank Guarantee
(PBG) submitted for the project
concerned. A minimum fee of Rs.
1,00,000/- (Rupees one lakh) would be
payable even if the 5% of the impact of
SECl/NTPC's decision being
challenged, is less than Rs. one lakh.

(ii). Disputes not coming under the

head, Extension of Time, in case there
is a PBG covering the dispute, then the
fee shall be same as in (i) above.

(iii). In case of disputes not coming

under Extension of Time, in case there
is no PBG covering the dispute, then the
fee shall be 5% of the total impact of the
dispute, which in no case be less than
Rs. 1,00,000/- (Rupees one lakh) and
not more than Rs. 1,00,00,000/-
(Rupees one crore).

(e). This fee shall be deposited into the

Payment Security Fund maintained by
SECl/NTPC for the project concerned.
In case, the Government upholds the
appeal in toto, after taking into
consideration the recommendations of
DRC, and strikes down the SECI order,
then the fee so collected shall be
refunded, provided the DRC makes a
recommendation for the same and the

Page 3 of 4
 Para No. in Existing Provision Amended Provision
Order dtd
18.06.2019

Government passes a specific order to

that effect. The Fee which may be
received and is not required to be
refunded, shall be credited to the
appropriate Payment Security Fund
being maintained by SECl/NTPC.

3. This issues with the approval of Hon'ble Minister (NRE).

(Sanjay Karndhar)
Scientist-C
Ph: 011-24362488 Extn: 2021
Telefax: 011-24362488
Email: karndharsg@nic.in
To:

1. The Chairman & Managing Director, NTPC Ltd., NTPC Bhawan, Scope Complex, 7,
Institutional Area, Lodhi Road, New Delhi- 110003, Email: cmd@ntpc.co.in

2. The Managing Director, Solar Energy Corporation of India Limited (SECI), 1st Floor, D-3,
A Wing, Prius Platinum Building, District Centre, Saket, New Delhi110017, Email:
md@seci.co.in

COPY for internal circulation to:

1. PS to Hon'ble Minister (Power & NRE)

2. Sr. PPS to Secretary, MNRE
3. PPS to AS, MNRE/ PPS to AS&FA, MNRE
4. JS (AKS)/ JS (BPY)/ Adv (DN)
5. DS (IFD)/ US (IFD)
6. NIC, MNRE, for uploading on MNRE Website.

Page 4 of 4
 No. 283/124/2018 -GRID SOLAR
/ Government of India
Al* 307 cfro, 341717TRzli Ministry of New & Renewable Energy
qs .i,.711 1;r3-1Tur / Grid Solar Power Division
Block-14, C.G.O. Complex,
Lodi Road, New Delhi — 110003.
Date: 9th December, 2019
ORDER

Sub: Dispute Resolution Mechanism to consider disputes between solar/ wind power
developers and SECl/ NTPC — Amendment regarding.

Reference is invited to this Ministry's Order of even no. dated 18.06.2019 and the subsequent
amendment thereto dated 20.09.2019, on the above mentioned subject.

2. The undersigned is directed to convey that the said Order hereby stands amended as follows:

Para No. Existing Provision Amended Provision

3(iii) The DRC will consider all kinds of cases of The DRC will consider all kinds of cases
appeal against decisions given by of appeal against decisions given by
SECl/NTPC on disputes, as follows: SECl/NTPC on disputes, as follows:

(a). All requests for extension of time due (a). All requests for extension of time due
to recognized 'Force Majeure' events like to recognized 'Force Majeure' events like
flood, earthquake, delay in handing over of flood, earthquake, delay in handing over
land by Solar Park Developers, delay in of land by Solar Park Developers, delay in
connectivity, etc. will be dealt strictly as per connectivity, etc. will be dealt strictly as
Contractual Agreements, where per Contractual Agreements, where
applicable. In all such cases, the solar applicable. In all such cases, the solar
power developers/ wind power developers power developers/ wind power developers
shall make an application to SECl/NTPC shall make an application to SECl/NTPC
for grant of Extension of Time (EoT) within for grant of Extension of Time (EoT) within
the time specified in the Contractual the time specified in the Contractual
Agreement. If there is no time limit Agreement. If there is no time limit
prescribed in the PPA for making such an prescribed in the PPA for making such an
application, then the application must be application, then the application must be
made within seven days of the cause of made within seven days of the cause of
dispute taking place on the first occasion. dispute taking place on the first occasion.
If application is not made within the time If application is not made within the time
limit prescribed, it shall be summarily limit prescribed, it shall be summarily
rejected by SECl/ NTPC. If application is rejected by SECl/ NTPC. If application is
made within the time limit, the request will made within the time limit, the request will
be examined and final decision given to be examined and final decision given to
solar power developer/ wind power solar power developer/ wind power
developer within twenty-one (21) days by developer within twenty-one (21) days by
SECl/NTPC from the date of application. SECl/NTPC from the date of application.
No separate extension of time shall be No separate extension of time shall be
granted for overlapping periods of effect by granted for overlapping periods of effect
two or more causes. If the developer is as a result of two or more causes. If the
not satisfied with the decision of SECl/ developer is not satisfied with the decision
NTPC, then it may appeal to the Dispute of SECl/ NTPC, then it may appeal to the
Resolution Committee (DRC), within 21 Dispute Resolution Committee (DRC),
days of SECl/NTPC's order. within 21 days of SECl/NTPC's order.

(b). All requests of Extension of Time not (b). All requests of Extension of Time not
covered under the terms of contract: All covered under the terms of contract: All
cases involving unforeseen issues/ cases involving unforeseen issues/
Para No. Existing Provision Amended Provision

circumstances not covered under circumstances not covered under

Contractual Agreements like cases where Contractual Agreements like cases where
the site is to be procured by the developer the site is to be procured by the developer
but there is delay in land allotment due to but there is delay in land allotment due to
policy change or registration by the policy change or registration by the
Government, delays in grant of proposed Government, delays in grant of proposed
connectivity due to court stays, etc., will be connectivity due to court stays, etc., will be
placed before SECl/NTPC within seven placed before SECl/NTPC within seven
days of the issue/ circumstance arising on days of the issue/ circumstance arising on
the first occasion. The final decision shall the first occasion. The final decision shall
be given to solar power developer/ wind be given to solar power developer/ wind
power developer within twenty-one (21) power developer within twenty-one (21)
days by SECl/ NTPC from the date of days by SECl/ NTPC from the date of
application. No separate extension of time application. No separate extension of time
shall be granted for overlapping periods of shall be granted for overlapping periods of
effect by two or more causes. If the effect as a result of two or more causes.
developer is not satisfied with the decision If the developer is not satisfied with the
of SECl/ NTPC, then it may appeal to the decision of SECl/ NTPC, then it may
Dispute Resolution Committee (DRC), appeal to the Dispute Resolution
within 21 days of SECl/NTPC's order. Committee (DRC), within 21 days of
SECl/NTPC's order.

(c). All disputes other than those (c). All disputes other than those
pertaining to 'Extension of Time' between pertaining to 'Extension of Time' between
SECl/NTPC and developers: All other SECl/NTPC and developers: All other
disputes, apart from those pertaining to disputes, apart from those pertaining to
Extension of Time shall also be dealt as Extension of Time shall also be dealt as
detailed at (b) above. detailed at (b) above.

(d). All applications before DRC under (a), (d). All applications before DRC under (a),
(b) and (c) above shall be accompanied (b) and (c) above shall be accompanied
with the applicable fee as detailed below: with the applicable fee as detailed below:

(i). In case of Extension of Time dispute, (i). In case of Extension of Time dispute,
the fee payable shall be 5% of the impact the fee payable shall be 5% of the
of SECl/NTPC's decision being impact of SECl/NTPC's decision being
challenged, with the impact being challenged, with the impact being
limited to the Performance Bank limited to the Performance Bank
Guarantee (PBG) submitted for the Guarantee (PBG) submitted for the
project concerned. A minimum fee of project concerned, and which in no
Rs. 1,00,000/- (Rupees one lakh) would case be less than Rs. 1,00,000/-
be payable even if the 5% of the impact (Rupees one lakh) and not more than
of SECl/NTPC's decision being Rs. 1,00,00,000/- (Rupees one crore).
challenged, is less than Rs. one lakh.

(ii). Disputes not coming under the head, (ii). Disputes not coming under the head,
Extension of Time, in case there is a PBG Extension of Time, in case there is a PBG
covering the dispute, then the fee shall be covering the dispute, then the fee shall be
same as in (i) above. same as in (i) above.

(iii). In case of disputes not coming under (iii). In case of disputes not coming under
Extension of Time, in case there is no PBG Extension of Time, in case there is no
covering the dispute, then the fee shall be PBG covering the dispute, then the fee
5% of the total impact of the dispute, which shall be 5% of the total impact of the
in no case be less than Rs. 1,00,000/- dispute, which in no case be less than Rs.
(Rupees one lakh) and not more than Rs. 1,00,000/- (Rupees one lakh) and not
1,00,00,000/- (Rupees one crore).
Para No. Existing Provision Amended Provision

more than Rs. 1,00,00,000/- (Rupees one

crore).

(e). This fee shall be deposited into the (e). This fee shall be deposited into
Payment Security Fund maintained by appropriate Payment Security Fund
SECl/NTPC. In case, the Government maintained by SECT/NTPC. In case, the
upholds the appeal in toto, after taking into Government upholds the appeal in toto,
consideration the recommendations of after taking into consideration the
DRC, and strikes down the SECI order, recommendations of DRC, and strikes
then the fee so collected shall be refunded, down the SECI order, then the fee so
provided the DRC makes a collected shall be refunded, provided the
recommendation for the same and the DRC makes a recommendation for the
Government passes a specific order to that same and the Government passes a
effect. The Fee which may be received and specific order to that effect. The Fee which
is not required to be refunded, shall be may be received and is not required to be
credited to the appropriate Payment refunded, shall be credited to the
Security Fund being maintained by appropriate Payment Security Fund being
SEC I/NTPC. maintained by SECl/NTPC.

3. This issues in line with the approval by Hon'ble Minister (NRE).

(Sanjay Karndhar)
Scientist-C
Ph: 011-24362488 Extn: 2021
Telefax: 011-24362488
Email: karndhar.sg@nic.in
To:

The Chairman & Managing Director, NTPC Ltd., NTPC Bhawan, Scope Complex, 7,
Institutional Area, Lodhi Road, New Delhi- 110003, Email: cmd@ntpc.co.in

2. The Managing Director, Solar Energy Corporation of India Limited (SECI), 1st Floor, D-3,
A Wing, Prius Platinum Building, District Centre, Saket, New Delhi110017, Email:
md@seci.co.in

Copy for internal circulation to:

1. PS to Hon'ble Minister (Power & NRE)

2. Sr. PPS to Secretary, MNRE
3. PPS to SS, MNRE/ PPS to AS&FA, MNRE
4. JS (AKS)/ JS (BPY)/ Adv (DN)
5. Dir (RG)
6. DS (IFD)/ US (IFD)
7. NIC, MNRE, for uploading on MNRE Website.
 No. 2831124/2018 -GRID SOLAR-Part(1)
1R i'tci'u / Government of India
Td1w 3itT .ic.fiq,juflq 3W1 iiuci'ciI Ministry of New & Renewable Energy
ftg k4't ztn,iI VTT I Grid Solar Power Division
Block-14, C.G.O. Complex,
Lodhi Road, New Delhi — 110003.
Date: 25th September, 2020
ORDER

Sub: Dispute Resolution Mechanism to consider the unforeseen disputes between

solar! wind power developers and SECl/ NTPC/ NHPC, beyond contractual
agreements — Amendment regarding.

Reference is invited to this Ministry's Order no. 253/124/2018-GRID SOLAR dated

18.06.2019 and the amendments thereto dated 20.09.2019 and 09.12.2019 on the above
mentioned subject.

2. The undersigned is directed to convey that the said Order hereby stands amended as
follows:

Para Existing Provision Amended Provision

No.
3 (iii) I The DRC will consider all kinds of The DRC will consider all kinds of
cases of appeal against decisions cases of appeal against decisions
given by SECl/NTPC on disputes, given by SECl/NTPC/NHPC on
as follows: disputes, as follows:

(a). All requests for extension of (a). All requests for extension of time
time due to recoqnized 'Force due to recocinized 'Force Maleure'
Majeure events like flood, events like flood, earthquake, delay in
earthquake, delay in handing over handing over of land by Solar Park
of land by Solar Park Developers, Developers, delay in connectivity, etc.
delay in connectivity, etc. will be will be dealt strictly as per
dealt strictly as per Contractual Contractual Agreements, where
Agreements, where applicable. In applicable. In all such cases, the
all such cases, the solar power solar power developers/ wind power
developers/ wind power developers shall make an application
developers shall make an to SECl/NTPC!NHPC for grant of
application to SECl/NTPC for Extension of Time (EoT) within the
grant of Extension of Time (EoT) time specified in the Contractual
within the time specified in the Agreement. If there is no time limit
Contractual Agreement. If there is prescribed in the PPA for making
no time limit prescribed in the PPA such an application, then the
for making such an application, application must be made within
then the application must be made seven days of the cause of dispute
within seven days of the cause of taking place on the first occasion. If
dispute taking place on the first application is not made within the
occasion. If application is not time limit prescribed, it shall be
made within the time limit summarily rejected by
prescribed, it shall be summarily SECl/NTPC/NHPC. If application is
rejected by SEC//NTPC. If made within the time limit, the
application is made within the time request will be examined and final
limit, the request will be examined decision given to solar power
and final decision given to solar developer/ wind power developer
'ower develo.er/ wind •ower within twent -one 21 da 5 b
Page 1of 4
Pa ra Existing Provision Amended Provision
No.
developer within twenty-one (21) SEC/INTPC/NHPC from the date of
days by SEC//N TPC from the date application. No separate extension of
of application. No separate time shall be granted for overlapping
extension of time shall be granted periods of effect as a result of two or
for overlapping periods of effect as more causes. If the developer is not
a result of two or more causes. If satisfied with the decision of
the developer is not satisfied with SEC/IN TPCINHPC, then it may
the decision of SEC/I NTPC, then appeal to the Dispute Resolution
it may appeal to the Dispute Committee (DRC), within 21 days of
Resolution Committee (DRC), SEC/INTPC/NHPC's order.
within 21 days of SECl/NTPC's
order.

(b). All requests of Extension of (b). All requests of Extension of Time

Time not covered under the terms not covered under the terms of
of contract: All cases involving contract: All cases involving
unforeseen issues! circumstances unforeseen issues! circumstances not
not covered under Contractual covered under Contractual
Agreements like cases where the Agreements like cases where the site
site is to be procured by the is to be procured by the developer
developer but there is delay in but there is delay in land allotment
land allotment due to policy due to policy change or registration
change or registration by the by the Government, delays in grant of
Government, delays in grant of proposed connectivity due to court
proposed connectivity due to court stays, etc., will be placed before
stays, etc., will be placed before SEC/INTPC/NHPC within seven days
SEC/INTPC within seven days of of the issue! circumstance arising on
the issue! circumstance arising on the first occasion. The final decision
the first occasion. The final shall be given to solar power
decision shall be given to solar developer! wind power developer
power developer! wind power within twenty-one (21) days by
developer within twenty-one (21) SECl/NTPCINHPC from the date of
days by SEC/I NTPC from the application. No separate extension of
date of application. No separate time shall be granted for overlapping
extension of time shall be granted periods of effect as a result of two or
for overlapping periods of effect as more causes. If the developer is not
a result of two or more causes. If satisfied with the decision of
the developer is not satisfied with SECl/NTPCINHPC, then it may
the decision of SEC/I NTPC, then appeal to the Dispute Resolution
it may appeal to the Dispute Committee (DRC), within 21 days of
Resolution Committee (DRC), SEC/IN TPC/NHPC's order.
within 21 days of SEC//NTPC's
order.

(c). All disputes other than those (c). All disputes other than those
pertaininq to 'Extension of Time' pertaininq to 'Extension of Time'
between SEC//N TPC and between SEC/INTPCINHPC and
developers: All other disputes developers: All other disputes, apart
apart from those pertaining to from those pertaining to Extension of
Extension of Time shall also be Time shall also be dealt as detailed at
dealt as detailed at (b) above. (b) above.

(d). All applications before DRC (d). All applications before DRC
under (a), (b) and (c) above shall under (a), (b) and (c) above shall be

Page 2 of 4
Para Existing Provision Amended Provision
No.
be accompanied with the accompanied with the applicable fee
applicable fee as detailed below: as detailed below:

(i). In case of Extension of Time (i). In case of Extension of Time

dispute, the fee payable shall be dispute, the fee payable shall be 1%
5% of the impact of (one percent) of the impact of
SECl/NTPCs decision being SECl/NTPC/NHPC's decision being
challenged, with the impact challenged, with the impact being
being limited to the limited to the Performance Bank
Performance Bank Guarantee Guarantee (P80) submitted for the
(PBG) submitted for the project project concerned, and which in
concerned, and which in no no case be less than Rs. 1,00,000/-
case be less than Rs. 1,00,000/- (Rupees one lakh) and not more
(Rupees one lakh) and not more than Rs. 50,00,000/- (Rupees fifty
than Rs. 1,00,00,000/- (Rupees lakh).
one crore).

(U). Disputes not coming under the (ii). Disputes not coming under the
head, Extension of Time, in case head, Extension of Time, in case
there is a PBG covering the there is a PBG covering the dispute,
dispute, then the fee shall be then the fee shall be same as in (i)
same as in (i) above. above.

(Ui). In case of disputes not coming (ih). In case of disputes not coming
under Extension of Time, in case under Extension of Time, in case
there is no PBG covering the there is no PBG covering the
dispute, then the fee shall be 5% dispute, then the fee shall be 1%
of the total impact of the (one percent) of the total impact of
dispute, which in no case be the dispute, which in no case be
less than Rs. 1,00,000/- (Rupees less than Ps. 1,00,000/- (Rupees
one lakh) and not more than Rs. one lakh) and not more than Ps.
1,00,00,000/- (Rupees one 50,00,000/- (Rupees fifty lakh).
crore).

(e). This fee shall be deposited (e). This fee shall be deposited into
into appropriate Payment Security appropriate Payment Security Fund
Fund maintained by SECII'NTPC. maintained by SECl/NTPC/NHPC. In
In case, the Government upholds case, the Government upholds the
the appeal in toto, after taking into appeal in toto, after taking into
consideration the consideration the recommendations
recommendations of DRO, and of DRC, and strikes down the
strikes down the SECI order, then SECl/NTPC/NHPC order, then the
the fee so collected shall be fee so collected shall be refunded,
refunded, provided the DRC provided the DRC makes a
makes a recommendation for the recommendation for the same and
same and the Government passes the Government passes a specific
a specific order to that effect. The order to that effect. The Fee which
Fee which may be received and is may be received and is not required
not required to be refunded, shall to be refunded, shall be credited to
be credited to the appropriate the appropriate Payment Security
Payment Security Fund being Fund being maintained by
maintained by SECl/NTPC. SECl/NTPC/NHPC.

Page 3 of 4
3. This issues in line with approval from Hon'ble Minister (Power & NRE).

£-
(Mohd zil1ansoori)
Scientist-B
Email: azmal.mnregovin
To:

1. The Chairman & Managing Director, NTPC Ltd., NTPC Shawan, Scope Complex,
7, Institutional Area, Lodhi Road, New Delhi- 110003, Email: cmd@ntpc.co.in
2 The Chairman & Managing Director, Solar Energy Corporation of India Limited
(SECI), 1st Floor, D-3, A Wing, Prius Platinum Building, District Centre, Saket, New
Delhillool7, Email: md@seci.co.in
3. The Chairman & Managing Director, NHPC Limited, N.H.P.0 Office Complex,
Sector-33, Faridabad, Haryana.

Copy for internal circulation to:

1 PS to Hon'ble Minister (NRE & Power)

2. Sr. PPS to Secretary, MNRE
3. Sr. PPStoAS, MNRE
4. JS (AKS)I JS (BPY)/ JS&FN Adv (DN)
5. Dir (RG)/ Sci-D (SK)
6. DS (lED)! US (lED)
7. NIC, MNRE, for uploading on MNRE Website.

Page 4 of 4