Section 6 in The M.P. Vidyut Pradaya Upakram (Arjan) Adhiniyam, 1974
6. General effect of vesting under Section 5.
(1)The undertaking shall be deemed to include,-(a)all fixed assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash balances, bank balances including deposits therein of whatever nature, reserve funds, securities, investments and all other rights and interests in or arising out of such property as were immediately before the vesting date in the ownership, possession, power or control of (he licensee and all documents of whatever nature relating thereto; and(b)all liabilities and obligations of the licensee accruing on or after the vesting date under any contract entered into bona fide before the vesting date, not being a contract relating to the borrowing and lending of money or to the employment of the staff.(2)The State Government shall, by force of vesting in it of the undertaking under Section 5, be deemed to have entered into possession of all the property included as aforesaid in the undertaking as from the vesting date and it shall be lawful for any officer duly authorised by the State Government in this behalf to take physical possession of such property and in doing so to use such force to remove obstruction, if any, as he may deem necessary for the purpose.(3)Every liability of the licensee in respect of any period prior to the vesting date, shall be the liability of such licensee and shall be enforceable against the licensee and not against the State Government or the Board.(4)For the removal of doubts it is hereby declared that,-(a)save as otherwise provided elsewhere in this Act, no claim for wages, bonus, rent, taxes, provident fund, pension, gratuity or any other dues in relation to the undertaking in respect of any period prior to the vesting date, shall be unforceable against the State Government or the Board;(b)no award, decree or order of any Court, Tribunal or other authority in relation to the undertaking passed after the vesting date but in relation to any matter, claim or dispute which arise before that date, shall be enforceable against the State Government or the Board;(c)no liability for the contravention before the vesting date, of any provision of law, for the time being in force, shall be enforceable against the State Government or the Board.(5)In the case of an undertaking which vests in the State Government under this Act, licence granted to it under Part II of the Electricity Act shall be deemed to have been terminated on the vesting date and all the rights, liabilities and obligations of the licensee under any agreement to supply electricity entered into before the date shall devolve or shall be deemed to have devolved on the State Government :Provided that where any such agreement is not in conformity with the rates and conditions of supply approved by the State Government and in force on the vesting date, the agreement shall be voidable at the option of the State Government.
