Section 8 in Chhattisgarh State Electricity Board Transfer Scheme Rules, 2008
8. Transfer of Personnel.
(a)The transfer of personnel shall be subject to the terms and conditions contained in Section 133 and Section 134, of the Act.(b)Under this scheme : -i. On the Appointed date, notified by the State Government for transfer of the specific Undertakings under Rule 6. the personnel of the Board shall stand assigned to the services of the Generation Company. Distribution Company, and Transmission Company, as the case may be, on as is where is basis, namely, that they will continue to serve in the place where they are working on the appointed date, till further orders of the State Government.Transfer of personnel on deputation to Holding Company and 'trading Company, -ii. The personnel from the Generation Company, Distribution Company and Transmission Company shall be deputed to Holding Company and Trading Company taking into account the suitability, ability and experience of the personnel, and the number and nature of the vacancies in the Holding Company.Transfer of personnel for shared services, -iii. The State Government may issue orders at any time within twelve months from the appointed date, in accordance to the Act, directing the personnel rendering services in the Board relating to undertakings classified in two or more of the Schedules, to be assigned to the undertakings classified under a specified schedule and thereupon such personnel shall be deemed to have assigned to the services of such undertakings for all intent and purposes.(c)The assignment under sub-Rule 7 (a) and 7 (b) above to the Transferees shall continue till the personnel are absorbed in the services of the specific Transferee, in accordance with the provisions of the Act, this Scheme, and orders to be issued by the State Government under this Scheme.(d)Absorption of personnel in Transferee Company. - The State Government shall in consultation with the Generation Company. Distribution Company, Transmission Company Trading Company and the Holding Company finalize the transfer to and permanent absorption of the Personnel in a Transferee taking into account the suitability, ability and experience of the personnel, number and nature of the vacancies and other relevant factors and issue appropriate orders, as it may think fit. for such permanent absorption within the provisional period mentioned in Rule 10.(e)For the purpose of sub-Rule 7 (d) above the State Government shall, in consultation with Generation Company, Distribution Company, Transmission Company Trading Company and Holding Company and the Board, constitute and notify a Committee as the State Government may consider appropriate to :(i)receive representations from the Personnel in regard to their transfer and absorption in the Transferee, and(ii)make recommendation on such transfer and absorption, within such time as State Government may by notification specify for the purpose.(f)The State Government shall take a decision on the transfer and permanent absorption of the Personnel in the Transferee after considering the recommendation of the Committee appointed for the purpose and shall issue orders for such transfer and permanent absorption of the Personnel.(g)Upon the finalization and issue of orders in terms of the sub-Rule 7 (f), the personnel shall form part of the service of the Transferee concerned, in the post, scale of pay or seniority in accordance with the orders that may be issued for this purpose, without any further act, deed or thing to be done by the Stage Government or the Board or the Transferee or any other person including the personnel.(h)Subject to the provisions of the Act and this Scheme, the Transferee shall be entitled to modify or frame new regulations governing the conditions of service of personnel transferred to the Transferee under this Scheme, but their rank, scale of pay, salary, allowances and other pecuniary benefits including pension, terminal benefits etc., after the appointed date shall not in any way be inferior to those applicable to them immediately before the said transfer.(i)In respect of all statutory and other schemes and employment related matters including the provident fund, gratuity fund, pension and any other superannuation fund or any other special fund created or existing for the benefit of the personnel, the relevant Transferee shall stand substituted 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 the Transferee concerned and the services of the personnel shall be treated as having been continuous for the purpose of the application of scheme.(j)Arrangement for Provident Fund. - The State Government shall notify appropriate arrangements with regard to the funding and all the payments of provident fund including loans advances and final settlement to the employees, and the contribution for the existing employees towards the provident fund.(k)Arrangement for existing pensioners - The State Government shall notify appropriate arrangements in regard to the funding and due payment of the pension and terminal benefits to the existing pensioners of the Board as on the appointed date and till such time such payments shall be duly made the Generation Company, Distribution Company or Transmission Company as the case may be.For the purpose of this sub-Rule the term : -i. "Existing Pensioner" means all the persons eligible for the pension as on the appointed date from the Board and shall include family members of the personnel, andii. "Terminal Benefits" means the gratuity, pension, dearness allowances and other applicable relief, medical benefit, and other applicable benefits including the right to have the appropriate revisions in the above benefits consistent with the practice that were prevalent in the Board.(l)The provisions of sub-Rule 7 (j) and 7 (k) above shall apply only to existing personnel, and existing pensioner of the Board, as on the appointed date. All personnel recruited and appointed by the transferee, after the notification of this Scheme shall be governed by appropriate scheme of Provident Fund, which the Transferee concerned may establish, for the purpose.(m)All proceedings including disciplinary proceedings pending against the personnel prior to the appointed date which may relate to misconduct, lapses or acts of commission or omission committed before the appointed date, shall not abate and shall be continued by the relevant Transferee.(n)The personnel transferred to the Transferees, shall be deemed to have entered into an agreement with the Transferee concerned to repay loans, advances and other sums due or otherwise perform obligations undertaken by them to the Board which remain outstanding as on the appointed date, on the same terms and conditions as contained in the arrangement with the Board.(o)Nothing contained in this Scheme shall apply to personnel of the State Government or the Central Government or other organization on deputation to Board as on the appointed date but such personnel shall continue to be on deputation to the concerned Transferee(s) to whose services they are assigned on as is basis or otherwise as per the orders of the State Government from time to time, issued in this behalf.
