Section 9 in The Orissa Electricity Reform (Transfer of Undertakings, Assets, Liabilities, Proceedings and Personnel) Scheme Rules, 1996
9. Classification, Transfers provisional in the first instance.
(1)The classification of Undertakings made under Rule 4 shall be provisional and unless otherwise directed by the State Government shall be final upon the expiry of 12 months from the date when the undertakings are transferred to OHPC or Gridco, as the case may be, in terms to these rules.(2)So long as the classification is provisional the State Government shall be entitled to amend, vary, modify, add, delete or otherwise change the items classified and identified in an undertaking in such manner as the State Government may consider appropriate.(3)All transfers and vesting specified in Rules 5, 6 and 7 shall be provisional and shall be final upon the expiry of 12 months from the effective date.(4)At any time within a period of 12 months from the effective date, the State Government may by order to be notified amend, vary, modify, add, delete or otherwise change the terms and conditions of the transfer including items included in the transfer as well as personnel transferred and transfer such Assets, properties, Liabilities and personnel forming part of an undertaking on one Transferee to that of any other Transferee or to the State Government in such manner and on such terms and conditions as the State Government may consider appropriate.(5)Nothing contained in this rule shall entitle the Transferees, the personnel or any other person to dispute the Classifications or Transfers on the basis that they are provisional.(6)Notwithstanding the provisional nature of transfer of personnel to OHPC or Gridco. for the said period of twelve months, the personnel shall discharge the duties and functions as may be assigned to them from time to time by OHPC or Gridco. as the case may be and OHPC or Gridco shall have the power to exercise all administrative and discipline control over such of the personnel transferred to them as applicable under Sub-rule 9(a).(7)Notwithstanding anything contained in these rules and before the transfer of personnel becomes final under Rule 9 (4), the Department of Energy, State Government shall invite the personnel of the State Government to send their willingness and preferences for permanent absorption in OHPC or Gridco, after notifying the service conditions and other packages. The permanent absorption shall be finalised, taking into account the preference furnished as well the ability and experience of the personnel, the number and nature of the vacancies, seniority and the necessity.(8)Notwithstanding anything contained in these rules it is hereby certified that the personnel of the State Government while on deputation to the OHPC or Gridco. under Sub-rule (7) of Rule 6 shall be governed by the rules applicable to them before such deputation and such personnel shall be deemed to have been transferred to OHPC or the Gridco as the case may be on the date of permanent absorption which shall be the effective date of transfer of such personnel for the purpose of these rules.
