Section 23 in The U.P. Electricity Reforms Act, 1999
23. Transfer of the Board's properties, powers, functions, duties and personnel.
(1)On and from the date specified in a transfer scheme, prepared and notified by the State Government, to give effect to the objects of this Act, hereinafter referred to as the appointed date in this Act, all properties, and all interests, rights and liabilities of the Board therein shall vest in the State Government.(2)The properties, interest, rights and liabilities vested in the State Government under sub-section (1), shall be revested by the State Government, in the Power Corporation and in a generating company in accordance with the transfer scheme so notified along with such other property, interest, rights and liabilities of the State Government, as may be specified in such scheme, on such terms and conditions as may be determined by the State Government.(3)In addition to the rights and power of the Power Corporation as specified in chapter IV of this Act, such of the rights and powers exercisable by the Board under the Electricity (Supply) Act, 1948, as the State Government may, by notification, specify shall be exercisable by the Power Corporation or the generating company, as the case may be, for the purposes of performing the functions and discharging the duties under the said Act of 1948.(4)The State Government may, after consultation with the generating company or the power corporation, hereinafter referred to in this section as transferor, may, require transferor to draw up a transfer scheme to vest in a person hereinafter referred to in this section as transferee, any of the functions including distribution function, property, interest, right or liability which may have been vested in the transferor under this section and notify the same as statutory transfer scheme under this Act. The transfer scheme to be notified under this sub-section shall have the same effect as the transfer scheme under sub-section (2).(5)Where, -(a)a transfer scheme involves the transfer of any property or right in favour of any person or undertaking not wholly owned by the State Government, the scheme shall give effect to the transfer only for fair value to be paid by the transferee to the transferor;(b)a transaction of any description is made in pursuance of a transfer scheme, it shall be binding on all persons including third parties, even if such persons have not consented to it.(6)A transfer scheme may, -(a)define the property, interest, rights and liabilities to be allocated -(i)by specifying the property, rights and liabilities;(ii)by referring to all the properties, interests, rights and liabilities comprising a specified part of the transferor's undertaking; or(iii)partly in one way and partly in the other;(b)provide that the rights or liabilities specified in the scheme shall be enforceable by or against the transferor or the transferee;(c)impose on the transferee an obligation to enter into such written agreements with or execute such other instruments in favour of any other transferee as may be rectified in the scheme; and(d)make such supplemental, incidental and consequential provisions as the transferor may consider appropriate including provisions specifying the order in which any transfer or transaction shall take effect.(7)The State Government, may provide in any of the transfer schemes framed under this section for the transfer of personnel to the Power Corporation or a company subsidiary to the Power Corporation or a generating Company, on the vesting of properties, rights and liabilities in the Power Corporation or a company subsidiary to the Power Corporation or a generating company, as a part of the undertakings transferred under this section and on such transfer the personnel shall hold office or service under the Power Corporation or a company subsidiary to it or a generating company, as the case may be, on terms and conditions that may be determined in accordance with the transfer scheme subject however to the following namely :(a)terms and conditions of service of the personnel shall not be less favourable to the terms and conditions which were applicable to them immediately before the transfer;(b)the personnel shall have continuity of service in all respects; and(c)all benefits of service accrued before the transfer shall be fully recognised and taken into account for all purposes including the payment of any or all terminal benefits :Provided that, notwithstanding anything contained in any other law for the time being in force, and except as provided in the transfer scheme and in this Act, the transfer shall not confer any right on the personnel so transferred to any compensation or damages :Provided further that the posts in the Board of all the personnel whose services arc to be so transferred shall stand abolished with effect from the date of transfer.Explanation. - For the purposes of this section and the transfer scheme, the expression "personnel" means all persons who on the appointed date arc the employees of the Board and who under the transfer scheme arc given the option to join service under the control of the transferee.(8)All debts and obligations incurred, all contracts entered into and all matters and things done by, with or for the Board, including all securities and guarantees given on behalf of the Board before the appointed date for a transfer scheme becomes effective shall, to the extent specified in the relevant transfer scheme, be deemed to have been incurred, entered into or done by, with or for the State Government or the concerned transferee and all suits or other legal proceedings instituted by or against the Board may be continued or instituted by or against the State Government, or the concerned transferee, as the case may be.(9)Where a licensee is required to vest any part of his undertaking in another licensee under sub-section (4), the licence of the transferee may be amended under Section 19 or revoked under Section 18.(10)The Board shall cease to be charged with, and shall not perform the functions and duties specified by notification issued under sub-section (3) with regard to transfers made on or after the date of the said notification.
