1 THE HARYANA ELECTRICITY REFORM ACT, 1997 ... - HIPA

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with or for the State Government or the transferee and all suits or other legalproceedings instituted by or against the Board or transferor as the case may be, may becontinued or instituted by or against the State Government or concerned transferee, asthe case may be.(8) In the event that a licensee is required to vest any part of its undertaking inanother licensee pursuant to sub section(5), the Commission shall amend the transfereelicensee's in accordance with section 19 or revoke its licence in accordance with section18.(9) The Board shall cease to be charged with, and shall not perform, thefunctions and duties specified in sub-section (3) with regard to transfers made on andafter the effective date.(10) The exercise by a licensee of any of the Board's rights and powers may bemade on such conditions as shall be specified in the transfer scheme including acondition that they shall be exercised by the licensee only with the approval of theCommission.Provisions relating toPersonnel.24. (1) The State Government may by a transfer scheme provide for the transfer ofthe personnel to Transco, generating company(ies) and distribution companies, on thevesting of properties, rights and liabilities in the Transco or generating company(ies)under section 23.(2) Upon such transfer scheme the personnel, shall hold office or service underTransco or generating company(ies), as the case may be, on terms and conditions thatmay be determined in accordance with the transfer scheme;Provided that such terms and conditions on the transfer shall not in any way beless favourable than these which would have been applicable to them if there had beenno such vesting.(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 orany other law as is applicable, and except for the provisions made in this Act, thetransfer of the employment of the personnel referred to in sub-section (1) shall notentitle such employees to any compensation or damages under this Act, or any otherCentral or State law or under the general law, save as provided in the transfer scheme.Explanation:-For the purposes of this section as well as the transfer scheme the term "personnel"shall mean all persons who on the effective date are the employees of the Board or theemployees of the State Government on deputation or assignment to the Board and otherpersons assigned for the30
electricity generation, transmission, distribution and supply related work as may benotified by the State Government as forming part of the personnel under this sectionnotwithstanding that they have been employed by other departments and organisations.Variation of Transfersby Agreement.25. (1) The State Government may provide that the transfers in terms of section 23and 24 shall be provisional for a period of five years from the effective date and reservethe right to alter, vary, modify, add or otherwise change the terms in such manner asthe State Government may consider appropriate ;(2) At any time before the end of the period of five years commencing on theeffective date, the Transco or generating company(ies) to whom property, interests inproperty rights, liabilities and personnel have been transferred, may with the consent ofthe State Government, draw up a transfer scheme to vest some or all of the property,rights, liabilities and personnel in another licensee, or generating companies subject tothe consents of such other licensee of generating companies to such vesting and anysuch transfer scheme shall take effect as if it were a transfer scheme under section 23and 24.PART VIIITARIFFSLicensee’s Revenues andTariffs.26. (1) The holder of each licence granted under this Act shall observe themethodologies and procedures specified by the Commission from time to time incalculating the expected revenue from charges which it is permitted to recover pursuantto the terms of its licence and in designing tariffs to collect those revenues.(2) The Commission shall (subject to the provisions of sub-section (3)) beentitled to prescribe the terms and conditions for the determination of the licenseesrevenue and tariffs by regulations duly published in the Official Gazette and in suchother manner as the Commission considers appropriate provided that in doing so theCommission shall be bound by the following parameters:--(a) the financial principles and their applications provided in the Sixth Scheduleto the Electricity (Supply) Act, 1948 read with sections 57 and 57-A of thesaid Act,(b) the factors which would encourage efficiency, economic use of theresources, good performance, optimum investments and other matters whichthe Commission considers appropriate keeping in view the salient objectand purposes of the provisions of this Act, and31
Page 3 and 4: PART - 1LEGISLATIVE DEPARTMENTNotif
Page 5 and 6: (r) words and expressions used but
Page 7 and 8: (iv) the Secretary in charge of Fin
Page 9 and 10: Government body he shall submit his
Page 11 and 12: to assist the Commission in the dis
Page 13 and 14: the purposes of this Act or the dis
Page 15 and 16: (f) to promote competitiveness and
Page 17 and 18: (4) Transco shall undertake the fun
Page 19 and 20: that there is no objection to the g
Page 22 and 23: (10) The license granted by the Com
Page 24 and 25: or unreasonable default in doing an
Page 26 and 27: duties, obligations and liabilities
Page 28 and 29: Annual Accounts oflicensee.22. Ever
Page 32 and 33: (c) the interests of the consumer i
Page 34 and 35: applicable to all such specified se
Page 36 and 37: (5) The Commission may not make an
Page 38 and 39: (7) The Commission may revoke a fin
Page 40 and 41: (3) The Commission Advisory Committ
Page 42 and 43: (2) The restriction contained in su
Page 44 and 45: penalty which may extend to Rs. 4.0
Page 46 and 47: Proceedings before theCommission to
Page 48 and 49: (3) Every rule made under this sect
Page 50 and 51: (vi) in respect of matters provided
Page 52 and 53: - 52 -functions carried out by it u

1 THE HARYANA ELECTRICITY REFORM ACT, 1997 ... - HIPA

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