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State of Gujarat - Section

Section 29 in The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003

29. Provisions relating to transfer of personnel.

(1)The State Government may provide for transfer of such of the personnel of the Board to the First Transferee or from the First Transferee to the Second Transferee, as the case may be as a part of the undertaking transferred under Section 28 and on such terms and conditions as the State Government may prescribe and such transfers shall be effective in the like manner as in the case of transfers under Section 28.
(2)Upon such transfers the personnel shall hold office or service under the First Transferee or the Second Transferee as the case may be on terms and conditions that may be determined in the transfer scheme subject to the following namely:-
(a)that the terms and conditions of the service in regard to emoluments and other monetary benefits applicable to them in the First Transferee or the Second Transferee shall not in any way be less favourable than those applicable to them immediately before the transfer,
(b)that the personnel shall have continuity of service in the First Transferee and the Second Transferee; and
(c)that all benefits of service accrued before the transfer shall be recognized and appropriately provided for to secure the interest of the personnel.
(3)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or any other law as is applicable and except for the provisions made in this Act the transfer of the employment of the personnel in terms of the provisions of this Part shall not entitle such employees to any compensation or damage under this Act, or any other Central or State law or under the general law, save as provided in the Transfer Scheme.Explanation. - For the purposes of this Chapter and the Transfer Scheme the term "personnel" shall mean and include all persons who on the effective date are the employees of the Government Electricity Industry, by whatever name called.