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State of Haryana - Section

Section 2 in Haryana Electricity Reform (Transfer of Distribution Undertakings from Haryana Vidyut Prasaran Nigam Ltd. to Distribution Companies) Rules, 1999

2. Definitions.

(1)In these rules, unless the context otherwise requires,-
(a)"Act" means the Haryana Electricity Reform Act, 1997 (Haryana Act 10 of 1998);
(b)"Assets" means movable and immovable, corporeal and incorporeal, tangible and intangible, land, building, offices, stores, plants, machinery, equipment including computer systems and telecommunication systems, installations, furniture, fixtures, vehicles, residential quarters and guest houses and amenities and installations pertaining thereto, and other movable and immovable property, software, books and records, files, manuals, warranties, plans, drawings, designs, specifications, customer lists, billing and payment records, cash in hand, cash at bank, investments, book debts, claims, receivables, deposits, capital work in progress, deferred costs, advances paid, accrued incomes and pre-paid expenses, benefits, licences, permits, consents, authorities, registrations, liberties, patents, trademarks, designs, copyrights and other intellectual property rights, privileges, liberties, easements, advantages, benefits and approvals, contract-deeds, schemes, bonds, guarantees, agreements, insurance, and other instruments and interests of whatsoever nature, and all other interests, rights and powers of every kind, nature and description whatsoever;
(c)"Board" means the Haryana State Electricity Board constituted under the Electricity (Supply) Act, 1948;
(d)[ "Common Cadre Personnel" means the personnel who were classified under Schedules E and F of the Haryana Electricity Reform (Transfer of Undertakings, Assets, Liabilities, Proceedings and Personnel Scheme, Rules 1998 (hereinafter called the said Rules) and also include 18 categories of Schedule D of the said rules i.e. :- [Clause (d) Substituted vide Haryana Notification dated 14.6.2001.]
(i)JE I/Field
(ii)JE/Field
(iii)AFM
(iv)S.S.A.
(v)JE/Sub Station
(vi)JE/Civil
(vii)Installation Inspector
(viii)Assistant Store Officer
(ix)AFM (Const.)
(x)JE I/Test
(xi)JE Test
(xii)Foreman
(xiii)Commercial Assistant
(xiv)Assistant Accounts
(xv)Lineman
(xvi)L.D.C./Cash
(xvii)Meter Reader; and
(xviii)Cable Jointer;].
(e)"Discom(s)" means, as per the context and usage, both or either of the two companies incorporated under the Companies Act, 1956, to take over the distribution functions and business currently vested in HVPN, being (i) Uttar Haryana Bijli Vitran Nigam Ltd. (herein referred to as "Discom-I") and (ii) Dakshin Haryana Bijli Vitran Nigam Ltd. (herein referred to as "Discom- II");
(f)"Distribution Business" means the business of distribution and supply of electricity in Zones-I and/or II, as the case may be;
(g)"Distribution Undertaking(s)" means,-
(i)with respect to Zone-I, the Distribution Business, and the Assets, Liabilities, Proceedings and Personnel specified in the Schedule "B"
(ii)with respect to Zone-II, the Distribution Business, and the Assets, Liabilities, Proceedings and Personnel specified in the Schedule "C"
(h)"Effective date" means the date on which these rules are published in the Official Gazette;
(i)"First Transfer Scheme" means the Haryana Electricity Reform (Transfer of Undertakings, Assets, Liabilities, Proceedings and Personnel) Scheme Rules, 1998 published in the Haryana Government, Power Department, Notification No. S.O. 106/H.A. 10/98/S/23.24.25/98, dated the August 14, 1998;
(j)"HPGC" means the generation corporation of Haryana registered under the Companies Act, 1956, under the name and style of Haryana Power Generation Corporation Ltd. and having its registered office at Panchkula;
(k)"HVPN" means the transmission corporation of Haryana registered under the Companies Act, 1956, under the name and style of Haryana Vidyut Prasaran Nigam Limited and having its registered office at Panchkula;
(l)"Liabilities" means all liabilities including debts, expenses accrued, advances received, deposits received, duties, obligations, payables, other outgoings, including statutory liabilities and government levies of whatever nature and the contingent liabilities which may arise in respect of dealings before the Effective Date;
(m)"Personnel" means all employees, staff and officers of HVPN by whatever name called, on the Effective Date, including those employed in and/or deputed to other bodies or organisations and those of the Common Cadre Personnel who have been allocated to HVPN;
(n)"Proceedings" means all proceedings of whatever nature, whether civil or criminal or otherwise, including suits, appeals, complaints, petitions, applications, conciliation, arbitration and disciplinary inquiries;
(o)"rules" means these rules;
(p)"Schedule(s)" means Schedules A, B, C and D appended to the Transfer Scheme;
(q)"State Government" means the Government of the State of Haryana,
(r)"Transferee" means Discom-I and/or Discom-II, as the case may be;
(s)"Transferor" means HVPN;
(t)"Transfer Scheme" means the Haryana Electricity Reform (Transfer of Distribution Undertakings from Haryana Vidyut Prasaran Nigam Ltd. to Distribution Companies) Scheme, 1999, as drawn up by HVPN under the directions of and in consultation with the State Government for the transfer of HVPN's Distribution Undertakings to the Discoms and appended hereto as "Appendix I";
(u)"Zones" mean and comprise of Zone-I and Zone-II, being the two contiguous geographical territories in the State of Haryana described in Schedule "A" to these rules.
(2)Words and expressions used in these rules, but not defined herein, shall have the same meaning as assigned to them in the Act.