REGD. NO. D. L.-33004/99 The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 809] NEW DELHI, TUESDAY, NOVEMBER6, 2001/KARTIKA 15,1923
3464 GI/2001
( l) 2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ii)] 3
MINISTRY OF POWER
ORDER
New Delhi, the 5th November, 2001
S.O. 1099(E).—Whereas the Government of the State of Uttaranchal have constituted the Uttaranchal Power Corporation Limited and Uttaranchal Jal Vidyut Nigam Limited in pursuance of Sub- section (4) of Section 63 of the Uttar Pradesh Reorganisation Act, 2000, and have requested the Central Government to make provisions enabling the Corporations so constituted to take over undertakings, assets, rights and liabilities etc.;
And whereas the Central Government convened meetings with the representatives of the Government of Uttar Pradesh and the Government of Uttaranchal to ascertain their respective views ;
4 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTII—SEC.3(JJ)1 Now, therefore, in exercise of powers conferred upon it by clause (a) of sub-section (4) of section 63 of the Uttar Pradesh Re-organisation Act 2000, after due consideration of views expressed by representatives of both the State Governments, the Central Government, heuby makes the following provisional order, namely >
1. Inthisorder-
(a) 'ratio of consumption of power' means ratio of consumption of power between the States of Uttar Pradesh and Uttaranchal, which is 90:10 subject to actual verification. (b) 'ratio of hydro power capacity' means the ratio of State owned hydro capacity between the States of Uttar Pradesh and Uttaranchal, which is 1:2.
2. The assets, liabilities, rights and undertakings of the Uttar Pradesh Power Corporation Limited shall be provisionally divided between Uttar Pradesh Power Corporation Limited and to the Uttaranchal Power Corporation Limited and that of Uttar Pradesh Jal Vidyut Nigam Ltd between Uttar Pradesh Jal Vidyut Nigam Limited and Uttaranchal Jal Vidyut Nigam Limited in the following manner.
(a) Assets :
(i) Fixed assets (land and buildings, installed plants and machinery, transmission and distribution systems, etc.) of Uttar Pradesh Power Corporation Limited and Uttar Pradesh Jal Vidyut Nigam Limited situated in Uttaranchal, shall be transferred to Uttaranchal Power Corporation Ltd. and Uttaranchal Jal Vidyut Nigam Ltd., as the case may be. Fixed assets situated in the successor State of Uttar Pradesh will remain with Uttar Pradesh Power Corporation Limited and Uttar Pradesh Jal Vidyut Nigam Limited.
(ii) Movable assets and stores of the field units shall be transferred on the basis of location. Stores, furniture and vehicles of the Head Offices shall be apportioned according to the year of purchase in the ratio of consumption of power in the case of Uttar Pradesh Power Corporation Limited and in the ratio of hydro power capacity in the case of Uttar Pradesh Jal Vidyut Nigam Limited, except the project/scheme-specific stores which shall be allocated to the concerned Corporation to whom the project/scheme related liabilities are being transferred.
5 (b) Liabilities:
(i) Project/ Asset specific liabilities of the Uttar Pradesh Power Corporation Limited, and Uttar Pradesh Jal Vidyut Nigam Limited shall be passed on to the Uttaranchal Power Corporation Limited and Uttaranchal Jal Vidyut Nigam Limited, as the case may be, where such project/asset has been transferred to Uttaranchal Power Corporation Limited and Uttaranchal Jal Vidyut Nigam Limited as the case may be.
(ii) The liabilities of the Uttar Pradesh Power Corporation Limited and Uttar Pradesh Jal Vidyut Nigam Limited which cannot be assigned under sub-clause (i) to any project/asset, shall be apportioned between Uttar Pradesh Power Corporation Limited and Uttaranchal Power Corporation Limited, and between Uttar Pradesh Jal Vidyut Nigam Limited and Uttaranchal Jal Vidyut Nigam Limited in the ratio of consumption of power.
(c)Rights :
The Uttar Pradesh Power Corporation Limited, and the Uttaranchal Power Corporation Limited, shall have the right to collect revenues/arrears from consumers located within the territory of the concerned State.
(d) Contracts:
The Contracts shall be assigned to the Corporations to whom the scheme, or assets, for which contract has been entered into have been transferred.
(e) Employees:
Employees of the Uttar Pradesh Power Corporation Limited and Uttar Pradesh Jal Vidyut Nigam Limited, who are, on the appointed day, posted in the area falling within the State of Uttaranchal, shall stand transferred on deputation to Uttaranchal Power Corporation Limited and Uttaranchal Jal Vidyut Nigam Limited, as the case may be. The employees of the head office of the Uttar Pradesh Power Corporation Limited will be divided on the ratio of consumption of power while the employees of the head office of the Uttar Pradesh 6 THE GAXELTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ij)] Jal Vidyut Nigam Limited will be divided on the ratio of hydro power capacity existing in two States.
3. Arrangement regarding Power:
In exercise of the powers conferred under Section 64 of the Uttar Pradesh Re-organisation Act, 2000 the Central Government hereby orders that the State of Uttar Pradesh shall have the first right of purchase in respect of any surplus power left over from the power generated by the units of the Uttar Pradesh Jal Vidyut Nigam Ltd., existing as on date of this transfer, after meeting the consumption requirements of Uttaranchal. The rates for sale/purchase will be decided by mutual agreement failing which the rates will be decided by the Chairman, Central Electricity Authority. The position regarding this clause will be reviewed by the Central Government after a period of two years.
4. Uttar Pradesh Raiva Vidyut Utpadan Nigam Ltd:
All undertakings, assets, rights, liabilities and employees of UP Rajya Vidyut Utpadan Nigam shall stand transferred to Uttar Pradesh.
5. This order shall come into force from 9.11.2001.
[NO.42/7/2000-R&R]
AJAY SHANKAR, Jt. Secy.