Section 2 in Bihar State Electricity Reforms Transfer Scheme, 2012
2. Definitions.
- In the Scheme, unless the context otherwise requires :-(a)"Act" means the Electricity Act, 2003 (36 of 2003) and any subsequent amendments thereto;(b)"Assets" means all assets & properties including power systems, plant, machinery, land, building, offices, stores, furniture, fixtures, vehicles, residential quarters and guest houses and amenities and installations pertaining and attached thereto and other movable and immovable assets, cash in hand, cash at bank, investments, book debts - corporeal and incorporeal, tangible and intangible assets, benefits, licenses, consents, authorities, registration, patents, trade marks and powers of every kind, nature and description whatsoever, privileges, liberties, easements, advantages, benefits and approvals, contracts, deeds, schemes, bonds, agreements and other instruments and interest of whatever nature and wherever situated and including the contingent assets, which may arise in regard to dealings before the effective date of transfer in respect of the specified Undertakings;(c)"Board" means Bihar State Electricity Board originally constituted under Section 5 of the Electricity (Supply) Act, 1948 (54 of 1948) and reconstituted under section 62 of The Bihar Reorganisation Act 2000;(d)"Company" means a company incorporated under the Companies Act, 1956.(e)"South Bihar Power Distribution Company Limited", "North Bihar Power Distribution Company Limited", collectively mean the Distribution Companies, to which the Distribution Undertakings of the Board are to be transferred in accordance with this Scheme;(f)"Bihar State Power Generation Company Limited" means the Generating Company to which the Generating Undertakings of the Board are to be transferred in accordance with this Scheme;(g)"Bihar State Power Transmission Company Limited" means the Transmission Company to which the Transmission Undertakings of the Board are to be transferred in accordance with this Scheme;(h)"Bihar State Power (Holding) Company Limited" means the Company that will own all shares of newly incorporated reorganized four companies i.e. Bihar State Power Generation Company Limited, Bihar State Power Transmission Company Limited, South Bihar Power Distribution Company Limited, and North Bihar Power Distribution Company Limited;(i)"Effective Date" means the date notified by the State Govt. at para 1.3 above for effecting transfer of different Undertakings or properties, interest, rights, assets and liabilities, proceedings or personnel of the Board forming part of the Undertakings, to the relevant Transferee, in accordance with the Act and this Scheme;(j)"Liabilities" include all liabilities, debts, duties, obligations and other outstandings including statutory liabilities and Government levies of whatever nature and contingent liabilities which may arise in regard to the dealings before the effective date of the transfer in respect of the Undertakings, (defined hereinafter) transferred under this scheme.(k)"Personnel" means workmen, employees, staff and officers of the Board by whatever name called and includes trainees, if any, for the recruitment in the Board and those on deputation from the Board to other organizations or institutions, but shall exclude personnel on deputation from other organizations or institutions to the Board;(l)"Proceedings" means the proceedings of whatever nature including suits appeals, complaints, petitions, applications, conciliatory, arbitration whether civil or criminal or otherwise, in which Board is one of the parties;(m)"Schedules" means the Schedules appended to this Scheme;(n)"State" means the State of Bihar.(o)"State Government" means the Government of Bihar.(p)"Transferee" means Bihar State Power (Holding) Company Limited, Bihar State Power Generation Company Limited, Bihar State Power Transmission Company Limited, South Bihar Power Distribution Company Limited, North Bihar Power Distribution Company Limited, as the case may be.(q)"Undertaking (s)" mean the functions, business and a block or blocks of properties, interest, rights, assets, liabilities, obligations, proceedings and personnel to the extent and in the manner specified as a part of the undertakings of the Board and such other properties, interests, rights, assets, liabilities, obligations and proceedings and wherever the context so admits shall include the Personnel as specified in this Scheme relevant to the functions;(r)Words and expressions which are used in the Scheme and also defined in the Act but not specifically defined in this Scheme shall have the same meaning as assigned to them in the Act.
