THE UTTAR PRADESH RAJYA VIDYUT UTPADAN
NIGAM LTD. (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT, 1992[1] [Act
No. 12 of 1992] [20th
March, 1992] An Act to provide for
the acquisition and transfer of the right, title and interest of the Uttar
Pradesh Rajya Vidyut Utpadan Nigam Ltd., in relation to the undertaking known
as Feroz Gandhi Unchahar Thermal Power Project in district Rae Bareli in the interest
of national power development and to commence activities regarding the
extension project and to provide for matters connected therewith and incidental
thereto. Whereas the Uttar
Pradesh Rajya Vidyut Utpadan Nigam Ltd., a wholly owned electric generating
company of the State Government, set up an undertaking, namely, Feroz Gandhi
Unchahar Thermal Power Project with a total approved capacity of generating 840
MW of electricity; And, whereas the said
undertaking has hot been able, due to financial constraint, to operate
continuously at its optimum capacity, resulting in loss in generation of
electricity; And, whereas the said
Nigam or the State Government is not in a position to provide additional funds
necessary to achieve the optimum production; And, whereas with a view to
continuing and augmenting the generation of the electricity and to bringing the
said undertaking into full operation and to commencing activities regarding its
extension project, it is necessary in the public interest to acquire the said
undertaking and to transfer it to the National Thermal Power Corporation Ltd.; Now, therefore, it is
hereby enacted in the Forty-third Year of the Republic of India as follows :- Statement
of Objects and Reasons.-- The Uttar Pradesh
Rajya Vidyut Utpadan Nigam Ltd., a wholly-owned electric generating company of
the State Government, had set up an undertaking named Feroz Gandhi Unchahar
Thermal Power Project in district Rae Bareli with a total approved capacity of
generating 840 MW of electricity. Due to financial constraints the said
undertaking could not be able to operate continuously at its optimum capacity,
resulting in loss in generation of electricity. The said Nigam or the State
Government was not in a position to provide additional funds necessary to
achieve the optimum production. With a view to continuing and augmenting the
generation of electricity and to bringing the undertaking into full operation
and to commencing activities regarding its extension project it was in the
public interest decided to acquire the said undertaking and to transfer it
subsequently to the National Thermal Power Corporation Ltd. 2. Since the State
Legislature was not in session and immediate legislative action in the matter
was necessary the Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd. (Acquisition
and Transfer of Undertaking) Ordinance, 1992 (U.P. Ordinance No. 4 of 1992) was
promulgated by the Governor on February 6, 1992. This Bill is
introduced to replace the aforesaid Ordinance. (1)
This Act may be called the
Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd. (Acquisition and Transfer of
Undertaking) Act, 1992. (2)
Sections 2 to 16 shall be
deemed to have come into force on February 13, 1992 and the remaining
provisions shall come into force at once. In this Act,-- (a)
"appointed day"
means the date of commencement of this Act; (b)
"Board" means the
Uttar Pradesh State Electricity Board constituted under the Electricity
(Supply) Act, 1948; (c)
"Comrnissioner"
means the Commissioner appointed under Section 12; (d)
"Corporation"
means the National Thermal Power Corporation Ltd., a Government company within
the meaning of the Companies Act, 1956, and having its registered office at New
Delhi; (e)
"Nigam" means the
Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd., a Govefnrrient company within
the meaning of the Companies Act, 1956, and having its registered office at
Lucknow, (f)
"Undertaking"
means the Feroz Gandhi Unchahar Thermal Power Project of the Nigam situated at
Unchahar in district Rae Bareli; (g)
words and expression used
but not defined in this Act and defined in the Companies Act, 1956 shall have
the meanings respectively assigned to them in that Act. On the appointed day,
the undertaking and the right, title and interest of the Nigam in relation to
the undertaking, shall, by virtue of this Act, stand transferred to, and shall
vest, in the State Government. (1)
The Undertaking shall be
deemed to include, all properties and assets, rights, leaseholds, powers,
authorities and privileges and all property movable and immovable including
lands, buildings, offices, stores, plants, machinery and equipment, installations,
instruments, office furniture, stationery and office equipments, vehicles,
staff quarters, workers' colonies together with amenities and installations
pertaining thereto, and other rights and interests in, or arising out of such
properties and assets as were immediately before the appointed day in the
ownership possession, power and control of the Nigam in relation to the
Undertaking, whether within or outside the State of Uttar Pradesh, and all
books of accounts, registers and other documents of whatever nature relating
thereto, but not to include cash in hand, cash at bank, investments, book debts
(other than outstanding advances for procurement of materials for the
undertaking) or rights, liabilities and obligations respecting any other
contract. (2)
If on the appointed day, any
suit, appeal or other proceedings of whatever nature in relation to any
property or assets which has vested in the State Government under Section 3,
instituted or preferred by or against the Nigam in relation to the undertaking,
is pending, the same shall not abate, be discontinued or be, in any way,
prejudicially affected by reason of the transfer of the Undertaking or of
anything contained in this Act, but the suit, appeal or other proceeding may be
continued, prosecuted or enforced by or against the State Government or where
the Undertaking vests in the Corporation under Section 5, by or against the
Corporation. The Undertaking
vested in the State Government under Section 3 shall, on such date as may be
notified by the State Government in this behalf, vest in the Corporation and
thereafter the Corporation shall become the owner of the Undertaking : Provided that no such
notification shall be made unless a resolution passed by the Corporation for
the purpose is communicated to the State Government. (1)
Except as provided in
sub-section (2) no liability of the Nigam in relation to the undertaking
incurred prior to the appointed day and no award, decree or order of any court,
tribunal or other authority in relation to the undertaking, passed after the
appointed day, in respect of any matter, claim or dispute which arose before
that day, shall be enforceable against the State Government or the Corporation. (2)
The liability of the Nigam
to the Central Electricity Authority to the tune of approximately two crore
rupees on account of consultancy and to the Power Finance Corporation to the
tune of approximately four crore rupees on account of construction of the
undertaking shall, on vesting of the Undertaking in the State Government under
Section 3, be of the State Government and on its vesting in the Corporation
under Section 5, of the Corporation : Provided that such
liability of the Corporation in aforesaid accounts shall, in no case exceed two
crore rupees and four crore rupees respectively. For the transfer to,
and vesting in, the State Government under Section 3, of the Undertaking and
the right, title and interest of the Nigam in relation to the Undertaking,
there shall be given by the State Government to the Nigam such amount as may be
determined in the manner specified in Chapter IV. (1)
For the transfer to, and
vesting in the Corporation under Section 5, of the Undertaking and the right,
title and interest of the State Government in relation to the Undertaking,
there shall be paid by the Corporation to the State Government, such amount and
in such manner, as is specified in the Schedule. (2)
The State Government may
after consultation with the corporation, by notification, make suitable changes
in the amount and the manner of payment specified in the Schedule, and on
publication of the notification in the Gazette, the Schedule shall stand
amended accordingly. (1)
Any person who has, on the
appointed day, in his possession or under his control, any assets, books,
documents or other papers relating to the Undertaking which vested in the State
Government or the corporation under this Act, shall be liable to account for
the said assets, books, documents and other papers to the State Government, or
as the case may be to the Corporation and shall deliver them up to the State
Government or the Corporation or to such person or persons as the State
Government or the Corporation may specify in this behalf. (2)
The State Government, or as
the case may be, the Corporation, may take or cause to be taken all necessary
steps for securing possession of the Undertaking which has vested in the State
Government or the Corporation under this Act. (3)
The Nigam shall, within such
period as the State Government may allow in this behalf, furnish to the State
Government a complete inventory of all its properties and assets, as on the
appointed day, pertaining to the Undertaking which has vested in the State
Government under Section 3, and for this purposes the State Government or the
Corporation shall afford to the Nigam all reasonable facilities. (1)
Subject to the provisions of
subsection (2) every person who has been immediately before the appointed day,
a regular employee of the Nigam,-- (a)
shall on and from the
appointed day, be deemed to be on deputation with the State Government on the
same terms and conditions, (b)
on the vesting of the
Undertaking in the Corporation under Section 5, shall become an employee of the
Corporation on and from the date of such vesting, and shall hold office or
service under the Corporation, on the same terms and conditions and with the
same rights and privileges as to retirement benefits and other matters as would
have been applicable to him immediately before such vesting, till his
employment under the Corporation, is duly terminated or until his remuneration
and other conditions of service are duly altered by the Corporation, not to his
disadvantage. (2)
A person referred to in
sub-section (1) may, within three months from the date of vesting of the
Undertaking in the Corporation, communicate to the Corporation his option not
to be absorbed in the service of the Corporation failing which he shall be
deemed to have opted for absorption in the service of the Corporation. (3)
The services of an employee
who opts against absorption shall stand terminated and he shall without
prejudice to his claim to any leave, pension, provident fund or gratuity which
he would have been entitled to, be entitled to, receive as compensation from
the Corporation, an amount equal to,-- (a)
three months salary, if he
was a permanent employee, (b)
one month's salary, if he
was a temporary employee. Explanation.-For the
purposes of this sub-section, the term 'salary' includes dearness allowance,
personal pay and special pay, if any. (4)
Any person who was serving
the Nigam on deputation from the Board or any other organisation immediately
before the vesting of the Undertaking in the State Government, shall on such
vesting be deemed to be on deputation with the State Government on the same
terms and conditions until he is reverted to his parent organisation. (5)
Any person who was serving
the State Government on deputation under the provisions of sub-section (4)
immediately before the vesting of the Undertaking in the Corporation, shall on
such vesting be deemed to be on deputation with the Corporation on the same
terms and conditions until he is reverted to his parent organisation or
absorbed in the service of the Corporation. (6)
Notwithstanding anything
contained in the Industrial Disputes Act, 1947, or in any other law for the
time being in force, the transfer of the services of any employee of the Nigam
to the. Corporation shall not entitle him to any compensation under this Act or
under any other law for the time being in force and no such claim shall be
entertained by any court, tribunal or other authority. Where the Nigam has
established a provident fund or any other fund, for the benefit of the persons
employed by it, the moneys relatable to the employees whose services are
transferred, by or under this Act, to the Corporation, standing on the
appointed day, to the credit of such fund snail on the date of vesting of the
Undertaking in the corporation stand transferred to the Corporation. (1)
The State Government shall
for the purppses of determining the amount payable to the Nigam for acquisition
of the Undertaking by the State Government and for its disbursement, appoint,
by notification, a Commissioner of payments. (2)
The State Government may
appoint such other persons as it thinks fit to assist the Commissioner. (1)
The Commissioner shall, so
far as may be within six months from the date of notification under Section 12,
determine the amount payable by the State Government to the Nigam for
acquisition of the Undertaking. (2)
In determining such amount,
the Commissioner shall take into consideration the value of all assets and
properties, pertaining to the Undertaking as have vested in the State
Government under Section 3, and such other matters as may be relevant for the
purpose. (3)
The amount so determined
shall be intimated by the Commissioner to the State Government, whereupon the
State Government shall, after deducting the amount owed to it by the Nigam
(except the contribution to share capital of the Nigam) make the balance amount
available to the Nigam. No suit, prosecution
or other legal proceedings shall lie against the State Government, or any
person for anything, which is in good faith, done or intended to be done in
pursuance of this Act or the rules made thereunder. The State Government
may, by notification, make rules for carrying out the purposes of this Act. (1)
If any difficulty arises in
giving effect to the provisions of this Act. the State Government may, by a
notified order make such provisions, not affecting the substance of this Act,
as appears to it to be necessary or expedient for removing the difficulty. (2)
No order under sub-section
(1) shall be made after the expiration of the period of two years from the
commencement of this Act. (3)
Every order made under
sub-section (1) shall be laid, as soon as may be, before both the Houses of the
State Legislature and the provisions of sub-section (1) of Section 23-A of the
Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of
rules made by the State Government under any Uttar Pradesh Act. (1)
The Uttar Pradesh Rajya
Vidyut Utpadan Nigam Ltd. (Acquisition and Transfer of Undertaking) Ordinance.
1992 (U.P. Ordinance No. 4. of 1992) is hereby repealed. (2)
Notwithstanding such repeal,
anything done or any action taken under the Ordinance referred to in
sub-section (1), shall be deemed to have been done or taken under this Act, as
if the provisions of this Act were in force at all material times. SCHEDULE (See
Sections 6 and 8) 1. The amount payable by the Corporation as
referred to in Section 8 shall be nine hundred and twenty-five crore rupees. 2. Such amount shall be paid in the
following manner, namely-- (a) payment to Central Electricity Authority to
clear in full its dues against the Nigam on account of consultancy. Rupees in crores estimated approximately
2.00 (b) payment to Power Finance Corporation Ltd.
to clear in full its dues against the Nigam on account of construction of the
Undertaking. 4.00 (c) by adjustment of the outstanding dues of
the Corporation against the Board on account of sale of electricity as on
November 30, 1991. 647.70 (d) by adjustment of the dues of the
Corporation against the Board on account of sale of electricity from December
1, 1991 to March 31, 1992 over and above the Letter of Credit payments. 200.00 (e) balance by adjustment towards the
outstanding dues of the Corporation against the Board on account of surcharge
(as on November 30, 1991) which is to the tune of approximately 241.43 crore
rupees. 71.30 925.00 [1]
Received the assent of the President of India on March 20, 1992, and published
in the U.P. Gazette (Extra.), Part 1 (ka), dated 20th March, 1992.THE
UTTAR PRADESH RAJYA VIDYUT UTPADAN NIGAM LTD. (ACQUISITION AND TRANSFER OF
UNDERTAKING) ACT, 1992
PREAMBLE
Section 2 – Definitions