Section 6(10) in The Orissa Electricity Reform (Transfer of Undertakings, Assets, Liabilities, Proceedings and Personnel) Scheme Rules, 1996
(10)(a)Except as specifically provided otherwise herein in respect of all statutory and other schemes and employment related matters including the provident fund, gratuity fund, superannuation fund or any other special fund created or existing for the benefit of the personnel on the effective date, the Transferee of the relevant personnel shall stand substituted for all purposes whatsoever and all the rights, powers and obligations of the Board or the State Government, as the case may be, in relation to any and all such matters shall become those of the transferee.(b)All accumulations in the respective funds including the provident fund, gratuity and superannuation including all interests and other accruals of the respective personnel to be transferred to OHPC or Gridco. on the effective date shall be transferred to the corresponding funds to be established or formed by the OHPC or Gridco. as the case may be.(c)All obligations in respect of payment of pension and other retirement benefits including provident fund, superannuation and gratuity to the employees who have retired from the services of the Board before the effective date shall be discharged by Gridco. until such obligations are appropriately assigned to OHPC and Gridco. and OHPC shall reimburse Gridco. for the expenditure incurred by Gridco. relating to such obligation assigned to OHPC,(d)The personnel of the State Government transferred to OHPC or Gridco. ("the Transferee") who are eligible for pensionary and other superannuation benefits as would be applicable or admissible to them if they had continued in the service under the State Government, shall be entitled to receive the entire benefits from the Transferee in the following manner unless otherwise specifically provided by the State Government -(i)The services rendered by them under the State Government up to the date of permanent absorption shall be taken into account for the purpose of grant of the pensionary and other retirement benefits together with the service to be rendered by them under the relevant Transferee after the said date.(ii)The pensionary and other benefits will be sanctioned and paid by the relevant tranferee.(iii)The respective liability in regard to the above shall be apportioned between the State Government and the transferee based on the length of service rendered by the personnel in each of the two organisations.(iv)The State Government shall transfer from time to time the funds to OHPC or Gridco as the case may be, representing the share of the liability of the State Government in regard to the obligations mentioned under Sub-rule (iii).[Provided that the personnel of the State Government permanently transferred to OHPC -or the GRIDCO, who are eligible for pensionary and other superannuation benefits, would be eligible for such benefits, it preferred, in terms of rule 43 of the Orissa Civil Services Pension Rule, 1992 as modified by Finance Department Resolution, dated the 4th June 1996.] [Inserted vide Orissa Gazette Extraordinary No. 414, dated 12.3.1999.](e)The period of the service of the personnel under the Board or Government, as the case may be, and under the Transferee shall be treated as continuous for the purpose of all service benefits.(f)The personnel transferred to the service of OHPC or Gridco under these rules shall be deemed to have entered into an agreement with OHPC or Gridco or the respective nominated authority, as the case may be, to repay the loans, advance and other sums due or otherwise perform the obligations undertaken by him to the Board or the State Government which remain outstanding against him on the effective date, as per the original terms and conditions.
