| Consumer
Guide |
 |
|
|
No.
1285(2)XVII-V-I--I(KA)12-199 |
Dated
: Lucknow, July 7, 1999 |
In
pursuance of the provisions of clause (3) of Article
348 of the Constitution of India, the governor is pleased
to order the publication of the following English translation
of the Uttar Pradesh Vidyut Sudhar Adhiniyam, 1999,
(Uttar Pradesh Adhiniyum Sankhya 24 of 1999) as passed
by the Uttar Pradesh Legislature and assented to by
the President on June 23, 1999. |
THE
UTTAR PRADESH ELECTRICITY REFORMS ACT, 1999
(U.P. ACT NO. 24 OF 1999)
(As passed by the Uttar Pradesh Legislature)
AN ACT
|
to
provide for the restructuring of the electricity industry
in the State of Uttar Pradesh, the rationalization of
generation, transmission, distribution and supply of
electricity in the State regulation by an independent
Elctricity Regulatory commission of the electricity
industry in the State including the purchase, distribution,
supply and utilization of electricity, the quality of
service, tariff and other charges keeping in view the
interest of the consumers and utilities, creation of
environment which will attract participation of private
sector entrepreneurs in the electricity industry in
the State and generally for taking measure conductive
to the development and management of the electricity
industry in the State in an efficient, economical and
competitive manner and for matters connected therewith
or incidental thereto.
IT IS HERBY enacted in the Fiftieth Year of the Republic
of India as follows :
|
CHAPTER-1
PRELIMINARY
|
Short
title and commencement
|
1. This
Act may be called the Uttar Pradesh Electricity Reforms
Act, 1999.
2. It extends to the whole of the State of Uttar Pradesh.
3. It shall come into force on such date as the State
Government may, by notification, appoint in this behalf.
|
Definitions
2. In this Act,– |
a. "area of supply"
means the area within which a licensee is authorized
to supply electricity;
b. "area of transmission" means the are
within which a licensee is authorized to transmit
electricity;
c. "Board" means the Uttar Pradesh State
Electricity Board constituted under section 5 of the
Electricity (Supply) Act, 1948;
d. "Central Act" means The Electricity Regulatory
Commissions Act, 1998, (Act 14 to 1998)
e. "Chairperson" means the Chairperson the
Commission;
f. "Commission" means the Uttar Pradesh
Electricity Regulatory Commission refferred to in
section 3;
g. "license" means a license granted under
Chapter V;
h. "license" means a person who holds a
license and includes the provisional license referred
to in clause (a) of sub-section (3) of section 13;
i. "Member" means a member of the Commission
an includes the Chairperson;
j. "regulations" means regulations made
under this Act;
k. "relative" means a license for supply
of electricity granted under subsection (1) of section
15;
l. "supply license" means a license for
supply of electricity granted under subsection (1)
of section 15;
m. "transmission" in relation to electricity,
means the transportation or transmission of electricity
by means of a system which consists, wholly or mainly
of extra high voltage and extra high tension lines
and electrical plant and is used for transforming
and for conveying and or transferring electricity
form a generating station to a sub-station or from
one generating station to another generating station
or form one sub-station to another sub-station or
otherwise form one place to another;
n. "transmission license" means a license
for transmission granted under sub-section (1) of
section 13;
o. "Power Corporation: means the Uttar Pradesh
Power Corporation Limited referred to in section 13;
p. "Utility means a person engaged in the generation,
transmission, sale, distribution or supply of electricity;
q. word and expressions used but not defined in this
Act, shall have the meaning assigned to them in the
Electricity (Supply) Act, 1948;
r. words and expressions used but no defined in this
Act or in the Electricity (Supply) Ct, 1948, shall
have the meanings assigned to them in Indian Electricity
Act, 1910;
|
CHAPTER-IV
THE UTTAR PRADESH POWER CORPORATION LIMITED |
Formation
and functions of the Uttar Pradesh Power Corporation
Limited
13 (1) For the purpose of procurement, transmission
and supply of electricity, a company by the name of
the Uttar Pradesh Power Corporation Limited shall be
formed and registered under the Companies Act, 1956
as soon as may be after the commencement of this Act
by the State Government.
(2) The Power Corporation shall undertake Planning and
co-ordination in regard to transmission and shall determine
the electricity requirements in the State in consultation
with the generation companies, the State Government,
categories States, the commission, the Regional Electricity
Board, the Central Electricity Regulatory Commissionable
the and the Central Electricity Authority.
(3) The Power Corporation shall,
be provisional licensee for transmission and supply
of electricity with in the state until the grant of
license by the Commission;
be responsible for transmission system operations;
be the legal successor of the Board in relation to all
power purchase and transmission agreements entered into
by the Board with generating and transmission companies
including those owned or controlled by the Central Government;
and
undertaken such other functions as may be required under
the license.
(4) Upon the grant of license to it under section 15,
the power Corporation shall have such powers and discharge
such duties and perform such functions of the Board
under the Indian Electricity Act,1910 and the Electricity
(Supply) Act, 1948 or the rules made hereunder as may
be specified by the commission in the license.
(5) the Commission may, in consultation with the Power
Corporation grant license also to a company subsidiary
to the Power Corporation.
|
CHAPTER-VI
REORGANIZATION OF THE ELECTRICITY INDUSTRY |
Transfer
of the Board's Properties, powers, functions, duties
and personnel
23. (1) On and form the date specified in transfer,
prepared and notified by the State Government ot give
effect to objects of this Act, hereinafter referred
to as the appointed date in this Act, all properties,
and all interests, rights ands 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 retested 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 amy be determined by
the State Government.
(3) In addition to the rights and powers 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 for the
purpose 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 transfer, may, required
transferor to draw up a transfer scheme to vest n 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 favor of any person or undertaking not
wholly owned by the state Government, the scheme.
it shall be binding on all persons including third
parties, even if such persons have not consented to
it.
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-
|
•
by specifying the property, rights and liabilities;
• by referring the property, rights and liabilities
comprising a specified part of the transferor's
undertaking; or
• 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 favor of any other transferee
as may be specified 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 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: |
•
terms and conditions of services of the personnel
shall not be less favorable to the terms and conditions
which were applicable to them immediately before the
transfer;
• the personnel shall have continuity of service
in all respect; and
• all benefits of service accrued before the
transfer shall be fully recognized and taken 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 service are to be so transferred shall stand 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 are the
employees of the Board and who under the transfer scheme
are 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 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 part of his
undertaking in another licensee under sub-section (4),
the license of 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.
|
By
order,
Y.R. Tripathi
Principal Secretary |
The
Governor is pleased to order the publication of the
following English translation of Notification No. 148/P-I/2000-24
dated 14 January, 2000 for general information. |
No.
148/P-I/2000-24
Lucknow, 14 January, 2000 |
In
exercise of the power under sub-section (3) of Section
1 of the Uttar Pradesh Electricity Reforms Act, 1999
(Act No. 24 of 1999) the Governor is pleased to appoint
14 January, 2000 as the date on which the said Act shall
come into force. |
By
order,
Atul Chaturvedi
Secretary
|
|
|
|
