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State of Haryana - Section

Section 11 in Haryana Electricity Reform (Transfer of Distribution Undertakings from Haryana Vidyut Prasaran Nigam Ltd. to Distribution Companies) Rules, 1999

11. Provisionality of the Transfer [Sections 23 and 55]. - (1) Except as provided in sub- clause (5) below, the transfer of the Distribution Undertakings made under the Transfer Scheme shall be provisional for a period of five months from the Effective Date.

(2)To the extent and during the period that transfer of the Distribution Undertakings is provisional, as stated in sub-clause (1) above, the State Government may alter, vary, modify, add or otherwise change the term(s) of the Transfer Scheme in such manner as the State Government may consider appropriate;
(3)Upon the expiry of the provisionality period stated in sub-clause (1) above, the transfer of the Distribution Undertakings shall become final and the State Government shall cease to have and shall not exercise the power to make any alteration, variation, modification, addition or other change in or to any term of the Transfer Scheme.
(4)Neither the Transferees, nor any other person shall whether based upon any provision of the rules, the Transfer Scheme or otherwise, be entitled to dispute the transfers on the ground that they are provisional.
(5)The allocation of Personnel between HVPN and the Discoms as well as the transfer of the Personnel under the Transfer Scheme, shall be final :Provided that The Common Cadre Personnel may make representations, as provided in clause 9 of the Transfer Scheme, in relation to finalisation of absorption of the Common Cadre Personnel :Provided further that notwithstanding the finality of the allocation and transfer of the Personnel, HVPN, HPGC, Discom-I and Discom-II shall be entitled to give effect to the final decision taken by the Committee on the representations aforesaid, in terms of clause 9 of the Transfer Scheme.