These rules may be called the Delhi Electricity Reform (Transfer Scheme) Rules, 2001
They shall come into force on such date of transfer as the Government may, by notification in the official Gazette appoint and different dates of transfer may be appointed for different provisions or for the transfer of different undertakings, assets liabilities, proceedings and personnel to be affected under these rules and any reference in any provision to the coming into force of the rules shall be construed as a reference to the date of transfer on which the provision shall come into force.
In these rules, unless the context otherwise requires -
"Act" means the The Delhi Electricity Reform Act, 2000 (Delhi Act No. 2 of 2001);
"assets" includes all rights, interests and claims of whatever nature as well as block or blocks of assets of the Delhi Vidyut Board;
"Board" means the Delhi Vidyut Board constituted under section 5 of the Electricity (Supply) Act, 1948 (54 of 1948);
"date of the transfer" means the ate to be notified by the Government as the effective date of transfer to the successor entities in accordance with these rules of such of the undertakings, assets, liabilities, proceedings or personnel as may be specified in the notification published in the Official Gazette;
"DISCOM 1" means the "Central-East Delhi Electricity Distribution Company Limited." , a company incorporated under the Companies Act, 1956 (1 of 1956) with the principal object of engaging in the business of distribution and supply of electricity in the area as specified in Part I of Schedule 'H'; of Central & East Delhi Electricity Distribution Co. Ltd.
"DISCOM 2" means "South-West Delhi Electricity Distribution Company Limited" , a company incorporated under the Companies Act, 1956 (1 of 1956) with the principal object of engaging in the business of distribution and supply of electricity in the area as specified in Part II of Schedule 'H'; of South and west Delhi Electricity Distribution Co. Ltd.
"DISCOM 3" means "North North-West Delhi Distribution Company Limited.", a company incorporated under the Companies Act, 1956 (1 of 1956) with the principal object of engaging in the business of distribution and supply of electricity in the area as specified in Part III of Schedule 'H'; of North and North West Delhi Electricity Distribution Co. Ltd.
"DISCOMS" means and includes DISCOM 1, DISCOM 2 and DISCOM 3 collectively;
"GENCO" means "Indraprastha Power Generation Company Limited", a company incorporated under the Companies Act, 1956 (1 of 1956) with the principal object of generation of electricity;
"holding company" means "Delhi Power Company Limited" a company incorporated under the Companies Act, 1956 (1 of 1956) with the principal object of holding shares in GENCO, TRANSCO and DISCOMS and liabilities of the Board;
"liabilities " include all liabilities, debts, duties, obligations and other outgoing including contingent liabilities and government levies of whatever nature, which may arise in regard to dealings before the date of the transfer in respect of the specified undertakings
"personnel" means workmen, employees, staff and officers of the Board by whatever name called, and includes trainees and those on deputation from the Board to other organizations and institutions;
"PPCL" means "Pragati Power Corporation Limited", a company incorporated under the Companies Act, 1956 (1 of 1956) with the principal object of taking over the pragati Power Project of the Board; appeals, complaints, whether civil or criminal or otherwise;
"Schedule" means the Schedules appended to these rules;
"TRANSCO" means "Delhi Power Supply Company Limited", a company incorporated under the Companies Act, 1956 (1 of 1956) with the principal object of engaging in the business of procurement, transmission and bulk supply of electricity;
"transferor" means the Government;
"transferee" means the GENCO,TRANSCO,DISCOMS and PPCL, as the case may be, in whom the undertaking or undertakings or the assets, liabilities, proceedings and personnel of the Board, as the case may be, are vested in terms of these rules and shall include the holding company;
"tripartite agreements" mean the agreements between -
| i) |
The Government, the Board and the Delhi Vidyut Board Joint Action Committee executed on 28th October,2000 and notified vide notification no. F.11(82)/2000-EB/990 dated the 16th January,2001; |
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ii) |
The Government, the Board and Delhi Vidyut Board Junior Engineers Association executed on 9th November,2000 and notified vide notification no. F.11(82)/2000-EB/PF-I/362 dated the 23rd March 2001; |
3.
(1)
On and from the date of the transfer to be notified for the purpose, all the assets, liabilities and proceedings of the Board shall stand transferred to and vest in, the Government absolutely and in consideration thereof the loans, subventions and obligations of the Government shall stand extinguished and cancelled, which shall be in full and final settlement of all claims whatsoever of the Board.
(2)
Nothing in sub-rule (1) shall apply to rights, responsibilities, and obligations in respect of the personnel and personnel related matters, which have ben dealt in the manner provided under rule 6.
4.
(1)
The assets, liabilities and proceedings transferred to the Governmentunder sub-rule (1) of rules 3 shall stand classified as under :-
| (a) |
Rights and interests in Pragati Power Projects as set out in Schedule 'A'. For Details Click Here |
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(b) |
Generation Undertaking as set out in Schedule 'B'. For Details Click Here |
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(c) |
Transmission Undertaking as set out in Schedule 'C'. For Details Click Here |
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(d) |
Distribution Undertaking as set out in Schedule 'D'. For Details Click Here |
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(e) |
Distribution Undertaking as set out in Schedules 'E'. For Details Click Here |
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(f) |
Distribution Undertaking as set out in Schedule 'F'. For Details Click Here |
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(g) |
Holding Company with assets and liabilities as set out in Schedule 'G'. For Details Click Here |
(2)
If the assets classified are subject to security documents or arrangements in favour of third parties for any financial assistance or obligation taken by the Board and the liabilities in respect thereof are to be classified in different transferees, the Government may, by order to be issued for the purpose, provide for the apportionment of the liabilities secured by such assets between the different transferees and upon such apportionment, the security shall be applicable to the apportioned liability only.
5
(1)
Subject to the terms and conditions contained in these rules:-
| (a) |
the rights and interests in the Pragati Power forming part of Schedule 'A', shall stand transferred to, and vest in, the PPCL, on and from the date of the transfer appointed for the purpose; |
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(b) |
the undertaking forming part of the Generation Undertaking as set out in Schedule 'B', shall stand transferred to, and vest in, the GENCO, on and from the date of the transfer appointed for the purpose; |
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(c) |
the undertaking forming part of the Transmission Undertaking, as set out in Schedule 'C' shall stand transferred to, and vest in, the TRANSCO on and from the date of the transfer appointed for the purpose; |
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(d) |
the undertaking forming part of Distribution undertaking as set out in Schedule 'D' shall stand transferred to and vest in DISCOM 4, as and from the date & transfer appointed for the purpose |
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(e) |
the undertaking forming part of Distribution Undertaking as set out in Schedule 'E', shall stand transferred to, and vest in, DISCOM 2, on and from the date of the transfer appointed for the purpose; |
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(f) |
the undertaking forming part of the Distribution Undertaking, as set out in Schedule 'F', shall stand transferred to, and vest in, the DISCOM 3, on and from the date of the transfer appointed for the purpose; and |
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(g) |
the assets and liabilities as set out in Schedule 'G', shall vest in the holding company, on and from the date of the transfer appointed for the purpose. |
(2)
On such transfer and vesting of the undertakings in terms of sub-rules (1), the respective transferee shall be responsible for all contracts, rights, deeds, schemes, bonds, agreements and other instruments of whatever nature, relating to the respective undertaking and assets and liabilities transferred to it, to which the Board was a party, subsisting or having effect on the date of the transfer, in the same manner as the Board was liable immediately before the date of the transfer, and the same manner as the Board was liable immediately before the date of the transfer, and the same shall be in force and effect against or in favour of the respective transferee and may be enforced effectively as if the respective transferee had been a party thereto instead of the Board.
(3)
The rights in the undertaking or the assets transferred to the transferee shall be subject to the restrictions and limitations, specified in these rules or in the applicable Schedule.
(4)
The transfer and vesting of the undertakings or assets to the transferees in terms of these rules shall take effects immediately on the date transfer as notified for the purpose, with the opening balance sheet of transferees other than the holding company, as set out in the applicable Schedule.
(5)
In consideration of the undertakings vested in the PPCL, GENCO, TRANSCO, and DISCOMS, they shall issue shares and instruments in favour of the holding company as specified in Schedules 'A' to 'F' and the holding company shall issue shares and instruments in favour of the Government as specified in Schedule 'G'
6.
(1)
The transfer of personnel to the transferees shall be subject to to the terms and conditions contained in section 16 of the Act.
(2)
By order No. F.11/99/2001 - Power/PF - III/2849 dated the 15th November 2001 of the Government , hereinafter transferred to as "the said order"), the personnel have been classified into five groups based on the principle of "as in where is" basis, the place of work, suitability, experience and other relevant consider as under:
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(a) |
Personnel to be transferred to the services of GENCO, as detailed in Appendix `A' to the said order. |
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(b) |
Personnel to be transferred to the services of TRANSCO, as detailed in Appendix `B' to the said order. |
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(c) |
Personnel to be transferred to the services of DISCOM 1, as detailed in Appendix `C' to the said order. |
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(d) |
Personnel to be transferred to the services of DISCOM 2, as detailed in Appendix `D' to the said order. |
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(e) |
Personnel to be transferred to the services of DISCOM 3, as detailed in Appendix `E' to the said order. |
With effect from the date of transfer to be appointed for the purpose, the personnel shall stand transferred to, and absorbed in, the GENCO, TRANSCO and DISCOMS, as the case may be, in accordance with the said Order made by the Government, the transferees or the personnel, as the case may be.
(3)
(4)
The Gevernment, shall constitute a committee within two months from the date of transfer to receive representations from the personnel if any, in regard to any grievance on the permanent absorption in the transferred and make recommendations in regards to such matters. The Government shall be entitled to pass such orders as it may considers appropriate based on the recommendations of the committee including the transfer of the personnel to another transferee and to provide that any personnel transfer to a transferee under sub-rule (3) shall be deemed to have been transferred to and absorbed in, another transferee specified by the Government from the date of the transfer appointed for the purpose.
(5)
The transfer of personnel to the transferees shall be subject to any orders what may be passed by the courts or Tribunals in any of the proceedings pending on the date of the transfer.
(6)
Subject to the provisions of these rules, the personnel transferred to a transferee shall cease to be in the service of the Board and shall not assert or claim any benefit of service under the Board.
(7)
subject to the provisions of the Act and these rules, the transferee may frame regulations governing the conditions of service of the personnel transferred to the transferees under these rules which shall not in any way be less favourable or inferior to those applicable to them immediately before the transfer and till such time, the existing service conditions of the Board shall mutandis apply.
(8)
Subject to sub-rule (9) below, in respect of all statutory and other schemes and employment related matters, including the provident fund, gratuity fund, pension and any superannuation fund or special fund created or existing for the benefit of the personnel and the existing pensioners, the relevant transferee shall stand for the Board for all purposes and all the rights, powers and obligations of the Board in relation to any and all such matters shall become those of such transferee and the services of the personnel shall be treated as having been continuous for the purpose of the application of this sub-rule.
(9)
The Government shall make a appropriate arrangements as provided in the tripartite agreements in regard to the funding of the terminal benefits to the extent it is unfunded on the date of the transfer from the Board. Till such arrangements are made, the payment falling due to the existing pensioners shall be made by the TRANSCO, subject to appropriate adjustments with transferees.
For the purpose of this sub-rule, the term-
(a)
"existing pensioners" means all the persons eligible for the pension as on the date of the transfer from the board and shall include family members of the personnel as per the applicable scheme ; and
(b)
"terminal benefits" means the gratuity, pension, dearness and other terminal benefits to the personnel and other terminal benefits to the personnel and existing pensioners.
(10)
On the effective date of transfer all the existing welfare schemes, like the scheme for Death Relief Fund, DESU Engineers Benevolent Fund Scheme, or similar scheme which are in operation in the Board shall be continued by the transferees on the same terms and conditions shall be given full effect and shall not be discontinued on account of deficiency in fund to maintain such schemes.
(11)
All proceeding including disciplinary proceedings pending against the personnel prior to the date of the transfer from the Board to the transferees, or which may relate to misconduct, lapses or acts of commission or omission committed before the date of transfer, shall not abate and may be continued by the relevant transferee.
(12)
The personnel transferred to the transferees, shall be deemed to have entered into agreements with the respective transferees to repay loans, advances and other sums due or otherwise perform obligations undertaken by them to the Board which remain outstanding as on the date of the transfer, on the same terms and conditions as contained in the agreements or arrangements with the Board.
(13)
The employees of the Government or the Central Government working under the Board, who are assigned to electricity generation, transmission, sub-transmission, distribution and supply-related or any other activities of the Board shall not be governed by these rules except that such employees shall continue to work on deputation in the transferee to whom they have been conditions as where in the Board till such time the services are required by the transferee or till the expiry of the period of deputation whichever is earlier.
7.
Upon the transfer being effected in accordance with the provisions of the Act and these rules, the rights and obligations of all persons shall be restricted to the transferee to whom they are transferred to, and notwithstanding anything to the contrary contained in any deed, documents, instruments, agreements or arrangements which such person has with the Board, he shall not claim any right or interest against the Government, the Board or the transferor or any other transferee.
8.
(1)
All proceedings of whatever nature by or against the Board pending on the date of the transfer shall not abate or discontinue may be continue or otherwise in anyway prejudicially be affected and the proceeding may be continued, persecuted and enforced, by or against the transferee to whom the same are assigned in accordance with these rules.
(2)
The proceedings mentioned in sub-rule (1) may be continued in the same manner and to the same extent as it would or might have been continued, prosecuted and enforced by or against the Board if the transfers specified in these rules had not been made.
Classifications and transfer of property, rights, liabilities and proceedings
9.
(1)
The classification and transfer of undertakings including personnel under these rules, unless otherwise specified in any order made by the Government, shall be provisional and shall be final upon the expiry of three months from the date of the transfer.
(2)
At any time within a period of three months from the date of the transfer, the Government may, by order to be notified, amend, vary, modify, add, delete or otherwise change terms and conditions of the transfer including the items included in the transfer and transfer such properties, interests, rights, liabilities, personnel and proceedings and forming part of one transferee to that of any other transferee or to the Government in such manner and on such terms and conditions as the Government may consider appropriate.
(1)
Within sixty days of the effective date of transfer, the TRANSCO, shall apply to the Commission for the grant of licence under the Act to undertake the business of transmission and bulk supply of electricity in Delhi:
Provided however, that on and from the effective date of the transfer and till the grant of license by the Commission, the TRANSCO shall be entitled to exercise the rights and powers exercisable by the Board under the Electricity (Supply) Act, 1948 (54 of 1948), and undertake the business of transmission and bulk supply of electricity in Delhi, in the same manner as the Board was entitled to exercise prior to the effective date of the transfer.
Within sixty days of the effective date of transfer, the DISCOMS, shall apply to the Commission for the grant of licence under the Act to undertake the business of distribution and retail supply of electricity in the respective areas of supply as specified in Schedule 'H':
Provided, however, that on and from the effective date of the transfer and till the grant of licence by the Commission, the DISCOMS shall be entitled to exercise the rights and powers exercisable by the board under the Electricity (Supply) Act, 1948 (54 of 1948), and undertake the business of distribution and retail supply of electricity in the respective areas of supply as specified in Schedule 'H', in the same manner as the Board was entitled to, prior to the effective date of the transfer.
The Transfers under these rules shall operate and be effective on the date of transfer notified for the purpose as a statutory transfer and without any further act, deed or thing to be done by the Government, the transferees or any other person.
If any doubt, dispute, difference or issue shall arise in regard to the transfers under these rules, subject to the provisions of the Act, the decision of the Government thereon, shall be final and binding on all parties.
The Government may, be order published in the official Gazette, make such provisions, not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulties arising in implementing the transfers under these rules.
By order and in the name
of the L. Governor of the
National Capital Territory of Delhi.
Principal Secy. (Power)