Section 7 in The M.P. Electricity Reforms First Transfer Scheme Rules, 2003
7. Transfer of Personnel.
(1)The transfer of personnel shall be subject to the terms and conditions contained in Section 133 of the Central Act and Section 24 of the Act.(2)(a)On the Date of Transfer, notified by the State Government for transfer or the specific Undertakings under Rule 6, the personnel of the Board shall stand assigned to the services of the Genco, Transco, Discom-1, Discom-2 and Discom-3, as the case may be, on as is where is basis, namely, that they will continue to serve in the place where they are posted on the date of the transfer, till further orders of the State Government.(b)The State Government may issue orders from time to time directing the personnel rendering services in the Board relating to Undertakings classified in two or more of the Schedules, to be assigned to the Undertakings classified under a specified schedule and thereupon such personnel shall be deemed to have assigned to the services of such Undertakings for all intent and purposes.(3)The assignment under sub-rules (1) and (2) above to the transferees shall continue till the personnel are absorbed in the services of the specific Transferee, in accordance with the provisions of the Act, the Scheme Rules, and orders to be issued by the State Government under these Scheme Rules.(4)The State Government shall in consultation with the Genco, Transco, Discoms and the Board finalise the transfer to and permanent absorption of the Personnel in a Transferee taking into account the suitability, ability and experience of the personnel, number and nature of the vacancies and other relevant factors and issue appropriate orders, as it may think fit for such permanent absorption within the provisional period mentioned in Rule 10.(5)For the purpose of sub-rule (4) above the State Government shall, in consultation with Genco, Transco, Discoms and the Board, constitute a Committee as the State Government may consider appropriate to (a) receive representations from the Personnel in regard to their transfer and absorption in the transferee, and (b) to make recommendation on such transfer and absorption, within such time as State Government may by notification specify for the purpose.(6)The State Government shall take a decision on the transfer and permanent absorption of the Personnel in the Transferee after considering the recommendation of the Committee appointed for the purpose and shall issue order for such transfer and permanent absorption of the Personnel.(7)Upon the finalization and issue of orders in terms of the sub-rule (6), the personnel shall form part of the service of the Transferee concerned, in the post, scale of pay of seniority in accordance with the orders that may be issued for this purpose, without any further act, deed or thing to be done by the State Government or the Board or the Transferee or any other including the personnel.(8)Subject to the provisions of the Act and these Scheme Rules, the transferee shall be entitled to modify or frame new regulations governing the conditions of service of personnel transferred to the transferee under these Scheme Rules, but their rank, scale of pay, salary, allowances and other pecuniary benefits including terminal benefits etc. after the effective date of transfer shall not in any way be inferior to those applicable to them immediately before the transfer.(9)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 these Scheme Rules.(10)The State Government shall notify appropriate arrangements in regard to the funding of the pension funds and other personnel related funds by the transferees to the extent they are not funded on the date of the transfer of the personnel from the Board including for the due payment of the amounts to personnel who retire after the date of the transfer, by the respective transferees to which these personnel are transferred and till such time such payments shall be duly made by the Board.(11)The State Government shall notify appropriate arrangements in regard to the funding and due payment of the terminal benefits to the existing pensioners of the Board as on the date of the transfer and till such time such payment shall be duly made by the Board.For the purpose of this sub-clause the term,-(i)"Existing Pensioner" means all the persons eligible for the pension as on the date of the transfer from the Board and shall include family members of the personnel, and(ii)"Terminal Benefits" means the gratuity, pension, dearness and other applicable relief, medical benefit, and other applicable benefits including the right to have the appropriate revisions in the above benefits consistent with the practice that were prevalent in the Board.(12)The provisions of sub-rules (9), (10) and (11) above shall not apply to any personnel, other than the existing personnel and existing pensioner of the Board, as on the date of transfer. All personnel recruited and appointed by the transferee shall be governed by, Contributory Provident Fund Scheme or any other appropriate scheme, which the transferee concerned may establish, for the purpose, and not by the pension schemes of the existing personnel and existing pensioners, under sub-rules (9), (10) and (11) above.(13)All proceedings including disciplinary proceedings pending against the personnel prior to the date of the transfer from the Board to the transferee or from such transferee to another transferee as the case may be, or which may relate to misconduct, lapses or acts of commission or omission committed before the date of transfer, shall not abate and may be continued by the relevant transferee.(14)The personnel transferred to the transferees, shall be deemed to have entered into an agreement with the transferee concerned to repay loans, advances and other sums due or otherwise perform obligations undertaken by them to the Board which remain outstanding as on the date of the transfer, on the same terms and conditions as contained in the arrangement with the Board.(15)Nothing contained in these Scheme Rules shall apply to personnel of the State Government or the Central Government or other organization on deputation to Board as on the date of the transfer but such personnel shall continue on deputation to the concerned transferee(s), to whose services they are assigned on as is where is basis or otherwise as per the orders of the State Government from time to time, issued in this behalf.
