Section 6 in Rajasthan Power Sector Reforms Transfer Scheme 2000
6. Transfer of Personnel.
(1)The transfer of personnel in terms of this Scheme shall be subject to the terms and conditions contained in the Act.(2)[ Subject to sub-rule (1), the personnel on the effective date of transfer shall stand transferred as under :-(a)The personnel classified in Schedule-G shall stand transferred to and permanently absorbed in RVUN;(b)The personnel classified in Schedule - H stand transferred to and permanently absorbed in RVPN;(c)The personnel classified in Schedule-I stand transferred to and permanently absorbed in Jaipur Discom;(d)The personnel classified in Schedule - J stand transferred to and permanently absorbed in Ajmer Discom:(e)The personnel classified in Schedule - K stand transferred to and permanently absorbed in Jodhpur Discom;Provided that the personnel specified in the notifications listed in Schedule - N, shall stand transferred to and permanently absorbed in RVUN, RVPN, Ajmer Discom, Jaipur Discom or Jodhpur Discom, as the case may be, as per the listed notifications.] [Substituted by Notification No. G.S.R. 91, dated 17.1.2002 (w.e.f. 19.7.2000).](3)On such transfer and subject to the provisions of the Act and other provisions of this Scheme the personnel shall form a part of the services of RVUN or RVPN or the Distribution Companies, as the case may be, but their rank, scale of pay and interse seniority as existing in the Board on the effective date of transfer shall be maintained.(4)Notwithstanding the provisional nature of transfer of personnel to RVUN, RVPN and the Distribution Companies as per sub-rule (1) of rule 10, the personnel shall discharge the duties and functions as may be assigned to them from time to time by RVUN or RVPN or the Distribution Companies, as the case may be. and RVUN, RVPN and the Distribution Companies shall have the power to exercise all administrative and disciplinary control over such personnel transferred to them as per this Scheme.(5)The transfer of personnel shall be further subject to the following conditions, namely, -(a)that the terms and conditions of the services applicable to personnel on the effective date of transfer, shall not in anyway be less favourable than those applicable to them immediately before the said effective date of transfer. Accordingly the salary, allowances and other pecuniary benefits including terminal benefits applicable on the effective date of transfer shall be protected and shall not be adversely changed:(b)all such personnel shall have continuity of service in all respects:(c)all benefits of service accrued before the said effective date of transfer shall be fully recognised and taken into account for all purposes including the payment of terminal benefits;(d)to any orders that may be passed by the Courts in the proceedings pending on the said effective date of the transfer in regard to seniority or other matters concerning the service conditions of the Personnel:(e)subject to this Scheme, the personnel shall cease to be in the service of the Board and shall not assert or claim any benefit of service under the State Government or the Board.(6)Subject to the Act and this Scheme, t he Transferee shall frame regulations governing the conditions of personnel transferred to the Transferee under this Scheme and till such time the existing service rules/regulations of the Board shall apply mutatis mutandis.(7)[(i) Subject to sub-rule (8), 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 this sub-rule.(ii)The investment and receivables as contained in Schedule-M, which represent the contributions towards GPF and Pension shall be transferred by the State Government to the GPF and Pension Trust as the funded part of the liability of the trust to the personnel.](8)[(i) RVPN shall be responsible to ensure that the pension and gratuity trusts of the Board personnel as on 19th July 2000 are adequately funded to meet the pension and gratuity payments pertaining to the years of service rendered by the personnel of the Board including retired personnel in the Board as on 19th July 2000:(ii)In the event of any shortfall of funds with the trusts at any point of time relating to the period of services as on 19th July 2000, the State Government shall ensure availability of the required funds in the trusts subject to a maximum amount equivalent to Rs. 1,769 Crores determined as per actuarial valuation done for the purpose:(iii)The management of RVUN, RVPN and the Distribution Companies shall be responsible to ensure that the contribution to the Trusts relating to personnel related funds for the services after July 19, 2000, of their respective personnel is made as required from time to time.](9)All obligations in respect of pension and other retirement benefits including provident fund. Superannuation and Gratuity to the employees, who have retired from the services of the Board before the effective date of transfer, shall be discharged by RVPN.(10)All proceedings including disciplinary proceedings pending against the personnel prior to the effective date of transfer from the Board to Transferees or from Transferees to other Transferees, as the case may be, or which may relate to misconduct, lapses or acts of commission or omission committed before the effective date of transfer shall not abate and will be continued with the Transferee consistent with the applicable service Rules.
