Gazette of DNH And DD, No. 87, 01 April 2025

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भारत सरकार / Government of India

सरकारी राजपत्र OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

असाधारण

EXTRAORDINARY

प्राधधकरण द्वारा प्रकाधशत / PUBLISHED BY AUHTORITY

Daman 01st April, 2025 11 Chaitra, 1947 (Saka) No. : 87

Union Territory Administration of Union Territory of Dadra and

Nagar Haveli and Daman and Diu

The Dadra and Nagar Haveli and Daman and Diu Electricity

(Reorganization and Reforms) Transfer Plan, 2025

THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU ELECTRICITY

(REORGANISATION AND REFORMS) TRANSFER PLAN, 2025

No: DNHDDPCL/01/2022/HR&ADMIN/135 Date of Notification: 28/03/2025

WHEREAS:

A. The Electricity Department of Dadra and Nagar Haveli district (i.e. "ED-DNH") has been undertaking the functions of transmission of electricity up to 220KV and State Load Dispatch Centre (SLDC) in the district of Dadra and Nagar Haveli and the Electricity Department of Daman and Diu district (i.e. "ED-DD") has been undertaking the functions of transmission of electricity of 220KV and 66KV, State Load Dispatch Centre and generation of electricity (renewable energy) in the district of Daman and Diu of the Union Territory of Dadra and Nagar Haveli and Daman and Diu. Whereas, the DNH and DD Power Corporation Limited (i.e.

"DNHDDPCL") has been undertaking the functions of transmission of electricity up to 66KV and generation of electricity (renewable energy) in the district of Dadra and Nagar Haveli of the Union Territory of Dadra and Nagar Haveli and Daman and Diu.

B. The Hon'ble Administrator of the Union Territory of Dadra and Nagar Haveli and Daman and Diu (the "Government"), having been satisfied with the necessity to corporatize the electricity Transmission Licensee business of the "ED-DNH" and "ED-DD" to consolidate the transmission business in the Union Territory of Dadra and Nagar Haveli and Daman and Diu into a single Corporation, including the electricity transmission business undertaken by "DNHDDPCL".

C. The Government is satisfied that circumstances exist which render it necessary for it to make a plan to promote viability of the resulting entity, ensure economic efficiency, serve interest of consumers, ensure progress and good governance of the Union Territory of Dadra and Nagar Haveli and Daman and Diu and to transfer and vest the functions together with assets and liabilities proceedings of transmission business undertaking of "ED-DNH" and "ED-DD" to the DNHDDPCL.

NOW THEREFORE, the Government in exercise of powers conferred to it under the Section 131, 133 and 134 of the Electricity Act, 2003, is pleased to make the following transfer plan for providing and giving effect to the transfer of the electricity transmission functions together with the assets, liabilities, interests, rights, functions, obligations, proceedings and personnel of transmission undertaking of the "ED-DNH" and "ED-DD" to the DNHDDPCL.

1. Short title, extent and commencement:

(a) This plan may be called the "The Dadra and Nagar Haveli and Daman and Diu Electricity (Reorganization and Reforms) Transfer Plan, 2025".

(b) This plan shall extend to the whole of the Union Territory of Dadra and Nagar Haveli and Daman and Diu and also to properties, interests, rights, liabilities, proceedings and personnel of the ED – DNH and ED – DD outside the Union Territory.

(c) The plan shall come into force on such date as may be notified in the Official Gazette.

2. Background and Description of Transferor Departments and Transferee Corporation:

(a) The Electricity Department of Dadra and Nagar Haveli district (i.e. "ED-DNH") Union Territory of Dadra and Nagar Haveli and Daman and Diu has been undertakingEXTRAORDINARY No. 87 THE GAZETTE OF DNH & DD Page 3 the functions of transmission of electricity up to 220KV and maintaining & controlling of State Load Dispatch Centre (i.e. Transferor department);

(b) The Electricity Department of Daman and Diu district (i.e. "ED-DD") Union Territory of Dadra and Nagar Haveli and Daman and Diu has been undertaking the functions of transmission of electricity of 220KV and 66 KV and generation of electricity (renewable energy) and maintaining & controlling of State Load Dispatch Centre (i.e. Transferor department);

(c) DNH and DD Power Corporation Limited (i.e. "DNHDDPCL"), a company incorporated under the provision of the Companies Act, 2013 and having its registered office at Vidyut Bhavan, 66 KVA Road, Near Secretariat, Amli, Silvassa, Dadra & Nagar Haveli 396230 has been undertaking the functions of transmission of electricity up to 66KV and generation of electricity (renewable energy) Power in the district of Dadra and Nagar Haveli of the Union Territory of Dadra and Nagar Haveli and Daman and Diu.

3. OBJECTS AND RATIONALE FOR THE TRANSFER PLAN:

• The Transferor departments are wholly owned departments of Government and the Transferee Corporation i.e. DNHDDPCL which is also a wholly owned Corporation of the Government and engaged in similar nature of business. In order to consolidate the similar nature of business at one place and effectively manage the Transferor departments and Transferee Corporation as a single entity, which will provide several benefits including streamlined group structure by reducing the number of legal entities, reducing the multiplicity of legal and regulatory compliances, rationalizing costs, it is intended that the Departments be merged with Transferee Corporation.

• The independent operations of the Departments and Transferee Corporation leads to incurrence of significant costs and the merger would enable economies of scale by attaining critical mass and achieving cost saving. The merger will thus eliminate a multi-layered structure and reduce managerial overlaps, which are necessarily involved in running multiple entities and also prevent cost duplication that can erode financial efficiencies of a holding structure and the resultant operations would be substantially cost-efficient. This Transfer Plan would result in Simplified corporate structure of the Transferee Corporation and its businesses, thereby leading to more efficient utilization of capital and creation of a consolidated base for future growth of the Transferee Corporation.

• The merger will contribute in furthering and fulfilling the objectives and business strategies of both the departments thereby accelerating growth, expansion and development of the respective businesses through the Transferee Corporation. The merger will thus enable further expansion of the Transferee Corporation and provide a strong and focused base to undertake the business more advantageously. Further, this arrangement would bring concentrated management focus, integration, streamlining of the management structure, seamless implementation of policy changes and shall also help enhance the efficiency and control of the Transferor Companies and Transferee Corporation.

• The synergies created by plan of arrangement would increase operational efficiency and integrate business functions.

• The proposed arrangement will provide greater integration and flexibility to the Transferee Corporation and strengthen its position in the industry, in terms of the asset base,EXTRAORDINARY No. 87 THE GAZETTE OF DNH & DD Page 4 revenues and service range.

• The other benefits of the proposed merger include:

(a) Optimum and efficient utilization and rationalization of capital, resources, assets and facilities;

(b) Enhancement of competitive strengths including financial resources;

(c) Obtaining synergy benefits;

(d) Better management and focus on growing the businesses;

(e) Reduction of overheads, administrative, managerial and other expenditure.

Due to the aforesaid reasons, it is considered desirable and expedient to merge Transferor Departments with Transferee Corporation in accordance with this Transfer Plan.

4. Definitions: In this Plan, unless there is anything repugnant in the subject or context:

(a) "Act"

: refers to the Electricity Act, 2003 (No. 36 of 2003) as

amended from time to time;

(b) "Administration" : shall mean Administration of Union Territory of Dadra and

Nagar Haveli and Daman and Diu;

(c) "Agreement" : shall mean all type of Agreements include Bulk Power

Transmission Agreement, Lease Agreement, Share Purchase

Agreement and Share Holders Agreement entered into by

ED-DNH and ED-DD with any entities;

(d) "Assets" : includes power systems, plants, machinery, equipment

including transmission/ transmission lines/ cables, wires,

substations/ transformers, motors, land, building, offices,

stores, spares, installations, furniture, fixtures, vehicles,

residential quarters, amenities, facilities, towers, meters,

laboratory, information technology systems, Power

Generating Plants and installations pertaining to and attached

thereto, other movable and immovable assets , cash in hand,

bank balance, cash at bank, investment, book debts including

past arrear, corporeal or incorporeal, tangible and intangible

assets, benefits, rights, right to receive, licenses, consents,

authorities, registrations, liberty and powers of every kind,

nature and description whatsoever, privileges, liberties,

easements, advantages, benefits and approvals, contracts,

deeds, agreements, schemes, bonds and other instruments

and interest of whatever nature and wherever situated and

which are owned / used / controlled / maintained by the ED -

DNH and ED – DD , as the case maybe, as further detailed at

Schedule B (Part 1);

(e) "Associated Divisions" : shall mean all sub-stations and allied divisions of "ED-

DNH", all sub-stations and allied divisions of "ED-DD" and

SLDC – DNH and SLDC - DD;

(f) "Balance Shee" : shall mean the closing balance sheet of the ED – DNH and

ED – DD and merged balance sheet as may be notified in the

Official Gazette;

(g) "Closing

: shall mean the closing balance sheet (ED-DD and ED-DNH) Balance Sheet"

of the terms and conditions provided thereof, as provided in

the Transfer Plan;

(h) "Corporation" : shall mean DNH and DD Power Corporation Limited a

Government undertaking;

(i) "Transmission

: shall have the meaning as ascribed to it under the Act;

Licensee"

(j) "DNHDDPCL" : shall mean DNH and DD Power Corporation Limited and a

Corporation to which the ED – DNH and ED – DD are to be

merged in accordance with this Plan;

(k) "DNHDDPDCL" : shall mean Dadra and Nagar Haveli and Daman and Diu

Power Distribution Corporation Limited.

(l) "ED – DNH" : refers to the Electricity Department of Dadra and Nagar

Haveli district under the Government of the Union Territory

of DNH and DD;

(m) "ED – DD" refers to the Electricity Department of Daman and Diu

district under the Government of the Union Territory of DNH

and DD;

(n) "Electricity

: shall mean Electricity Department under the Government of Department"

the Union Territory of DNH and DD;

(o) "Government" : shall mean the Hon'ble Administrator of Union Territory of

Dadra and Nagar Haveli and Daman and Diu;

(p) "JERC" : shall mean the Joint Electricity Regulatory Commission;

(q) "Liabilities" : shall include all liabilities, debts, duties, obligations and other

outstanding including statutory liabilities and Government

levies of whatever nature and contingent liabilities

transferred to the Corporation as per the closing Balance

Sheet to be notified which may arise in regard to the dealings

before the date of the transfer in respect of the Undertakings

transferred under this Plan;

(r) "Licensees" : shall mean a person who has been granted a license or a

deemed licensee under Section 14 of the Electricity Act,

2003;

(s) "Merger" : shall mean transfer of Assets, Liabilities, Personnel and other

terms which as defined by "The Dadra and Nagar Haveli and

Daman and Diu Electricity (Reorganization and Reforms)

Transfer Plan, 2025";

(t) "Past Arrears" : shall mean the amounts overdue from consumers and which

will be receivables from DNHDDPDCL as per the transfer

scheme 1(FTS-118044)Electricity Distribution/Privatisation/EXTRAORDINARY No. 87 THE GAZETTE OF DNH & DD Page 6 2022/411 dated 09/03/2022 and as per the Closing Balance

Sheet of the ED-DD and the same is transferable to the

Corporation;

(u) "Personnel" : shall mean the personnel including ministerial and technical

staff or casual labours / daily wages/ contractual/ work

charged basis working in the Transmission of Electricity,

Generation of Electricity, SLDC and associated divisions of

Electricity Departments of the Administration of DNH and

DD as on transfer date of transfer whose services are being

transferred to the Corporation in terms of this Plan.

(v) "Proceedings" : shall include all proceedings, suits, appeals, complaints,

petitions, applications, conciliatory proceedings, arbitrations

or any other proceedings whether civil or criminal or

otherwise exclusively related to the transmission and

generation business of the ED – DNH and ED-DD and as

further specified at Schedule B (Part 1);

(w) "Transfer Plan / : shall mean The Dadra and Nagar Haveli and Daman and Diu Plan"

Electricity (Reorganization and Reforms) Transfer Plan,

2025;

(x) "SLDC-DNH" : shall mean State Load Dispatch Center of Dadra and Nagar

Haveli district of Union Territory;

(y) "SLDC-DD" : shall mean State Load Dispatch Center of Daman and Diu

district of Union Territory;

(z) "Schedule" : shall mean the schedules appended to this Plan;

(aa) "Solar Power : shall mean (a) solar PV power project owned and operated Projects"

by the ED-DNH and (b) solar PV power project owned and

operated by the ED-DD;

(bb) "SOP"

: shall mean Standard Operating Procedure which is a set of

step by step instructions / detailed document compiled by the

Corporation to help employees for carry out routine operation

/ work in smooth manner;

(cc) "STU"

: shall mean State Transmission Utility of Union Territory of

Dadra and Nagar Haveli and Daman and Diu i.e. DNH and

DD Power Corporation Limited;

(dd) "Terminal Benefits" : shall mean the General Provident Fund, New Pension

Scheme, Gratuity, Pension (including family pension),

Dearness Allowance, Leave Encashment and other

applicable benefits payable to the Personnel on completion

of service due to superannuation or otherwise including the

right to have the appropriate revisions in the above benefits

consistent with the practice that were prevalent in the

Electricity Department, as the case may be;

(ee) "Transfer Date" : shall mean the date notified by the Government under Section

1 (c) of this Plan;

(ff) "Undertaking" : shall mean the Assets, Liabilities, Proceedings and the

Personnel related to the transmission business of the ED-

DNH and ED-DD specified in this Transfer Plan;

(gg) "Union Territory" : shall mean the Union Territory of Dadra and Nagar Haveli

and Daman and Diu.

Words and expressions used in this plan and not defined in this plan but defined in the Electricity Act, 2003 (No. 36 of 2003) shall have the same meaning as ascribed to the said terms in the said Act.

5. Transfer of Electricity Transmission Business:

5.1. Subject to the provisions of this Plan on and with effect from such date as may be notified by the Government as the Transfer Date:

(a) The functions of Transmission and associated Divisions of the "ED-DNH" and "ED- DD" as set out in Schedule shall stand transferred to and vested with the Corporation without any further act or things to be done by the Government or the Corporation or any other person.

(b) The Assets, Proceedings and Liabilities:

The electricity transmission undertakings of the "ED-DNH" and "ED-DD" including the Assets, Proceedings and Liabilities as set out in Schedule B (Part-1), (Part 2) shall stand transferred to and vested in the Corporation.

(c) The Personnel as set out in Schedule C (Part 1) and (Part 2) shall be transferred en masse and assigned to the Corporation on terms of Foreign Service / Deputation without any Deputation Allowance as per Section 6 of this Plan.

5.2. On such transfer and vesting of the Transmission and associated Division of the "ED-DNH" and "ED-DD" in terms of sub-section 5.1, the Corporation shall be vested with and stand responsible for the contracts, rights, deeds, schemes, bonds, agreements, and other instruments of whatever nature pertaining to the business transferred by the "ED-DNH" and "ED-DD" to which the Government was a party, subsisting or having effect on the Transfer Date, in the same manner as the Government was liable immediately before the Transfer Date and the same shall be in full force and effect against or in favour of the Corporation and may be enforced as fully and effectively as if the Corporation had been a party thereto instead of the Government. 5.3. If any of the Assets transferred to the Corporation is subject to any security interest or arrangements in favour of third parties for any financial assistance or obligation, such Assets shall stand transferred to the Corporation subject to such security interest or arrangements.

5.4. The Closing Balance Sheets of the "ED-DNH" and "ED-DD" along with details in the Schedules to the Balance Sheet shall be drawn as on the Transfer Date giving effect to the provisions contained in this Plan and the finalized Merged Balance Sheet shall be notified by the Government separately within six (6) months of notification of this Plan. The Provisional Closing Balance Sheet of the Departments is provided at Schedule B (Part 2).

5.5. The transfers in terms of this Plan shall remain provisional for a period of twelve (12) months from the Transfer Date, specifically in order to enable the Government to exercise the right to alter, vary, modify, add or otherwise change the terms of such transfers including the value of the Assets, Proceedings, and Liabilities transferred in such manner as the Government may consider appropriate. After the said period of twelve (12) months, the said provisional transfer, as altered or varied or modified or changed, shall stand confirmed without any further act or deed.

5.6. From the Transfer Date, the "ED-DNH" and "ED-DD" shall cease to be charged with the duty to perform the functions, rights, powers, duties and obligations to the extent the same are transferred and vest in Corporation in accordance with the provisions of this Plan.

5.7. The transaction of any description as effected in pursuance of this Plan shall be binding on all persons including third parties, even if such persons or third parties have not consented to it.

5.8. The functions, duties, Personnel, Assets, Liabilities and Proceedings as set out in Schedule A (Part 2) with respect to the "ED-DNH" and "ED-DD" shall not be transferred to the Corporation and continue to vest with the "ED-DNH" and "ED-DD", as the case may be.

5.9. The transfer of the Transmission undertaking from the ED-DNH and ED-DD to the Corporation under this Plan shall be a de-merger of DNHDDPCL within the meaning of Section 2 (19AA) of the Income Tax Act, 1961 and subject to sub-section 5.4 above, the Opening Balance Sheets as on the Transfer Date shall be as provided in this Plan.

6. General Conditions applicable to transfer of the Personnel:

6.1. The transfer of Personnel from the Administration to the Corporation under Section 5 of this plan shall be subject to the following conditions: -

6.1.1. The terms and conditions of the services applicable to them on transfer shall not in any way be less favorable or inferior to than those applicable to them immediately before the transfer date of Transfer or the relevant date of transfer (hereinafter referred to as the date of transfer);

6.1.2. All such Personnel shall, have continuity of service in all respects;

6.1.3. All benefits of service accrued including their entitled government benefits during their service in the Corporation shall be fully recognized and protected and taken into account for all purposes including for the payment of any and all terminal benefits of such personnel.

6.1.4. All conduct rules, service rules, any other rules of the Administration applicable to the personnel during their service in Electricity department/ ED- DNH/ ED- DD shall also remain applicable to the personnel during their deputation tenure in the Corporation. The existing substantive post held by the personnel in their parent cadre up to the date of the actual transfer shall remain the same and the services of the personnel shall be governed by the rules / procedures as prescribed by the Administration and as amended from time to time. The post of the personnel shall be governed as per the parent cadre. Subject to the provisions of this Plan, upon transfer of the Personnel, the Personnel shall form a part of the services of the Corporation in the status, Grade, Scale of Pay, Level, Seniority and other terms as they had in Administration before the date of the actual transfer.

6.2. The Personnel as set out in Schedule C (Part 1) and (Part 2) shall be transferred en masse and assigned to the Corporation on terms of Foreign Service / Deputation without any Deputation Allowance.

6.3. In respect of all statutory and other schemes and employment related matters including pension contribution, leave salary contribution and other superannuation funds or any other special fund or welfare scheme created and other benefits to the Personnel, the Corporation shall annually/or at the time of retirement on superannuation or VRS by the employee (whichever is earlier) deposit the contribution for the period of their service rendered in the Corporation to the Administration.

6.4. The Corporation shall be responsible to ensure that the General Provident Fund, Insurance, NPS, House Building Allowances, GPF Advance, License Fee etc. are deducted from the monthly salary of the employees and deposit the same on monthly basis to the Administration.

6.5. The Corporation shall be responsible for all payments such as ACP/MACP, Promotion, Increment, applicable Dearness Allowances, Children Allowances, TA/DA, LTC/Home Town, Medical Reimbursement, etc. as applicable to the employees for the period of their service rendered in the Corporation. The Administration shall be responsible for payment of arrears upto the date of actual transfer.

6.6. The procedure for ACP/ MACP, Promotion for the personnel shall be carried out by the Corporation as per guidelines prevalent in the Administration and the same shall be approved by the Administration. The Administration shall be responsible for payment of arrears of ACP/ MACP, Promotion up to the date of the actual transfer whereas the Corporation shall be responsible for all such payments during their service rendered in the Corporation.

6.7. The employees engaged by the Administration under a contract shall continue to perform their duties assigned to them as per their terms of contract. Their terms and conditions of service shall continue to be governed by their contract of employment. These employees shall not be entitled to take recourse to any other benefits granted to Personnel, under these Rules.

6.8. Subject to any residual functions as may be prescribed by the Administration, to be performed by Electricity Department, employees as may be required from time to time and as may be mutually decided from time to time, between the Corporation and Electricity Department, shall be reverted back to Electricity Department for such duration as may be prescribed by the Administration.

6.9. The Administration shall be responsible for payment of all pensions and other terminal benefits to the Personnel transferred on deputation to the Corporation.

6.10. Subject to any residual functions as may be prescribed by the Administration, to be performed by Electricity Department, the Electricity Department shall process cases such as promotion, ACP/ MACP, pension papers, other pensionary benefits and other terminal benefits of the Personnel transferred on deputation to the Corporation.

6.11. Any proceedings including disciplinary proceedings pending against any Personnel as on the date of transfer or which may be initiated in relation to misconduct, laps or acts of commission or omission committee before the date of transfer shall not abate by reason of transfer on deputation of such personnel and the same may be continued by the Electricity Department / Administration, as the case may be.

6.12. The Foreign Service / Deputation shall be governed by the applicable rules/ Department of Personnel and Training (DoPT) guidelines as amended from time to time.

6.13. Notwithstanding anything contained herein above any matter regulating the service conditions, retirement benefits etc. relating to the employees transferred from ED-DNH and ED-DD shall be governed and settled by the Administration.

7. Direction and obligation on "Agreements" entered by ED-DNH and ED-DD:

Any "Agreements" entered by ED-DNH and ED-DD as a party under their names with any entities shall be read as "DNH and DD Power Corporation Limited" as party and further, any assets and liabilities there to shall be as per sub-section 5.2 of this Plan.

8. Rights and obligations of third parties restricted:

Except as provided otherwise in this Plan, from the Transfer Date to the Corporation, as the case may be, the rights and obligations of all persons in relation to any matter forming part of this Plan and subject matter of transfer to the Corporation shall be restricted to the Corporation and notwithstanding anything to the contrary contained in any deed, documents, instruments, agreements or arrangements which such person has with the Government or DNHDDPCL or the Corporation, it shall not claim any right or interest against the Government, as the case may be.

9. Pending suits, proceedings etc.:

9.1. The proceedings, of whatever nature, by or against the "ED-DNH" and "ED-DD" pending on the Transfer Date in regard to the power transmission function of the "ED-DNH" and "ED- DD", as the case may be, and transferred to the Corporation as per Schedule B (Part-1) shall not abate or discontinue or otherwise in any way prejudicially be affected by reason of the transfer under this Plan and such proceedings may be continued, prosecuted and enforced by or against the Corporation, as the case may be.

9.2. The proceedings mentioned in Schedule A (Part-2) may be continued by the "ED-DNH" and "ED-DD" in the same manner and to the extent as it would or might have been continued, prosecuted and enforced by or against the "ED-DNH" and "ED-DD", as the case may be, if the transfer specified under this Plan had not been made. Further, the proceedings mentioned in Schedule A (Part-2) or appeals, reviews, revisions or executions etc. thereof, will continue with the "Electricity Department", as the case may be.

9.3. The proceedings, of whatever nature, against the "ED-DNH" and "ED-DD", in regard to the power transmission function of the "ED-DNH" and "ED-DD", initiated after the Transfer Date, as the case may be, shall be transferred to the Corporation as per the provisions of this Plan.

10. Functions of the Corporation:

The functions and duties of the Corporation shall be as per the business transferred to the Corporation as set out in Schedule A (Part-1) in addition to its existing business as defined in Section 2 (c).

11. State Transmission Utility:

The Corporation is declared as 'State Transmission Utility' in UT of DNH and DD as set out in Schedule A (Part-1) in addition to its existing business as defined in Section 2 (c).

12. Change of 'MoA' and 'AoA' of DNHDDPCL:

The Corporation shall change its 'Memorandum of Association' and 'Article of Association' in accordance to give effects of this Transfer Plan.

13. Functions of the Electricity Department:

After the notification of this Plan in the Official Gazette, there shall be one Electricity Department in working under UT of Dadra and Nagar Haveli and Daman and Diu and the functions of the Electricity Department is defined in Schedule-A (Part-2).

14. Change of SOPs of DNHDDPCL:

The Corporation shall modify / update its Standard Operating Procedures (SOPs) in accordance to giving the effects of this Transfer Plan within six (6) months of notification of this Plan in the Official Gazette to ensure efficiency, consistency, and adherence to

regulations within government agencies or organizations. SOPs are crucial in maintaining transparency, accountability, and effective governance as per various Indian acts and regulations.

15. Decision of Government to be final:

If any doubt, dispute, difference or issue that may arise in regard to the transfers under this Plan, the decision of the Government thereon shall be final, subject to the provisions of the Electricity Act, 2003.

16. Taxes, duties and levies:

The transfers under this Plan and its implementation shall be exempted from all taxes, duties, levies of the Government and all its local bodies.

17. Transfer by operation of law:

The Transfers under this Plan shall operate and be effective on and from the Transfer Date notified for the purpose, without any further act, deed or thing to be done by the Government or Corporation, or any other person.

18. Power to Remove Difficulties:

The Government shall have the power to remove difficulties arising in implementing the transfers affected under the provisions of this Plan and the decision of the Government shall be binding on all persons.

By order and in the name of the Administrator Dadra and Nagar Haveli and Daman and Diu

Sd/-

Dr. Arun T., IAS Secretary (Power), DNH & DDEXTRAORDINARY No. 87 THE GAZETTE OF DNH & DD Page 12

Date of Notification: 28/03/2025

Schedule A (Part – 1)

Functions of Transmission and Associated Divisions of the "ED-DNH" and "ED-DD"

transferred to the Corporation

1. All business and functions of "ED-DNH" for transmission of electricity up to 220KV and State Load Dispatch Centre in the district of Dadra and Nagar Haveli.

2. All business and functions of "ED-DD" for transmission of electricity of 220KV and 66KV and generation of electricity (renewable energy) and State Load Dispatch Centre in the district of Daman and Diu.

3. All business and functions of State Transmission Utility shall be looked by the Corporation in the Union Territory of Dadra and Nagar HaveIi and Daman and Diu.

4. The business of electricity transmission and generation (renewable energy) in the Union Territory of Dadra and Nagar HaveIi and Daman and Diu.

5. The business of electricity transmission, generation of power, filing of necessary petitions etc. for determination and true up of tariff, billing and collections thereof.

6. Planning, design, financing, construction, maintenance and operation of the transmission systems for supply of electricity and renewable energy for sale of electricity in the Union Territory.

7. Transmission of electricity in accordance with various stipulations and regulations of the JERC, from time to time.

8. Any other function to be performed by the Transmission Licensee under the Electricity Act, 2003.

Schedule A (Part – 2)

Functions, Assets, Proceedings and Liabilities of Transmission and associated Divisions of the

"ED-DNH" and "ED-DD" not transferred to the Corporation and remains with Electricity

Department

i. All functions of State Designated Agency with Electricity Department.

ii. All functions including administrative work required to be carried out for providing applicable employee benefits including terminal benefits payable to the Personnel working on Deputation / Foreign Service basis as defined in Section 6 of this Plan.

iii. Proceedings of the Electricity Department- Dadra and Nagar Haveli not transferred:

iv. Proceedings of the Electricity Department- Daman and Diu not transferred:

v. Except as otherwise specified in Schedule B (Part 2), the Electricity Department shall be responsible for the settlement of all contingent liabilities / proceedings that have arisen or may arise from matters pertaining to the ED-DD and ED-DNH.

Schedule B (Part 1)

Assets, Proceedings and Liabilities of Transmission and associated Divisions of the "ED-DNH"

and "ED-DD" transferred to the Corporation

Unless otherwise specified by the Hon'ble Administrator, Corporation shall be vested with and shall comprise of Assets, Liabilities and Proceedings concerning electricity transmission and generation (renewable energy) and state load dispatch centre activities of the "ED-DNH" and "ED-DD" respectively, forming part of the Balance Sheet and excluding Assets, Liabilities, Personnel and Proceedings specified under Schedule A (Part 2) and the same shall consist of:

1. Transmission Assets:

(a) All existing and under-construction 220 KV and 66KV lines (including overhead lines, aerial bunched cables, underground cables) and sub-stations on different types of supports with various sizes of conductors and step up/step down transformers, breakers, protective and metering devices and control rooms, testing laboratories, right of way, buildings, roads, diesel generating sets and installations as on the Transfer Date.

(b) The land on which the transmission assets are installed / affixed / located shall be transferred to the Corporation. However, the Corporation shall have the right to use on such land to the extent required only for the purpose of carrying out the business functions.

(c) Certain buildings and offices shall be made available to the Administration for a period of 11 months from the date of transfer without any rent / lease charges. After the expiry of 11 months, the buildings and offices may be made available to the Administration on such request by the Administration.

2. Transmission Agreements:

(a) Transmission Service Agreements/ Wheeling Agreements/ Bulk Power Transmission Agreement and other agreements with transmission licensees/ CTU/ STU etc. as on the Transfer Date.

3. General Assets:

(a) Special tools and equipment, material handling equipment, heavy and light vehicles, furniture, fixtures, office equipment, air conditioners, refrigerators, computers, other electronics items, signal systems, spares, consumables, raw materials, civil work installations, training centers, workshops, work in progress, softwares, licenses, tangible assets and intangible assets, contingent assets, machinery and equipment for repairs, scraps and Obsolete etc. to the extent specified in the Balance Sheets.

4. Miscellaneous:

(a) Contracts, agreements, interest and arrangements to the extent they are exclusively or primarily associated with or related to electricity transmission and generation of electricity (renewable energy) activities and state load dispatch center.

(b) Loans, secured and unsecured to the extent specified in the Balance Sheets.

(c) Cash and bank balance to the extent specified in Balance Sheets, other current assets to the extent they are exclusively or primarily associated with or related to transmission and generation of electricity (renewable energy) activities and state load dispatch center.

(d) Current and other liabilities and provisions and all contingent liabilities to the extent specified in the Balance Sheets.

(e) Proceedings to the extent they are exclusively or primarily associated with or related to transmission and generation of electricity (renewable energy) and state load dispatch center activities or assets referred to in the items 1, 2, 3 and 4 (a) above except those enumerated in Schedule A (Part – 2). List of Proceedings to be transferred are as below-

(e-i) Proceedings of the Electricity Department- Dadra and Nagar Haveli to be transferred:

(e-ii) Proceedings of the Electricity Department- Daman and Diu to be transferred:

Schedule B (Part 2)

Provisional Closing Balance Sheet of "ED-DNH" and "ED-DD"

Subject to final revision, to reflect the exact position on the Transfer Date, within six (6) months of notification of this Plan in the Official Gazette, the provisional Closing Balance Sheet of "ED-DNH" and "ED-DD" shall be transferred to the Corporation:

Schedule B (Part 2)

Notes of Provisional Closing Balance Sheet

The data & figures of provisional Closing Balance Sheet is based on the signed Balance Sheet as at 31st March, 2023 of ED-DNH and ED-DD. The final revision shall be done with the purpose of reflecting the exact position of the Assets and Liabilities transferred to the Corporation on the Transfer Date.

The Closing Balance Sheet of the Departments shall be finalized to reflect movements up to the Transfer Date based on audited figures and as per principles adopted for preparation of provisional closing balance sheet as presented under below: -

1. A- DNH Part- Property, Plant & Equipment:

(In Rupees)

B- DD Part- Property, Plant & Equipment:

(In Rupees)

2. A- DNH Part- Capital Work in Progress:

B- DD Part- Capital Work in Progress:

3. A- DNH Part- Intangible Assets:

(In Rupees)

B- DD Part- Intangible Assets:

(In Rupees)

4. A- DNH Part- Inventories:

(In Rupees)

B- DD Part- Inventories:

(In Rupees)

5. A- DNH Part- Trade Receivables:

B- DD Part- Trade Receivables:

6. A- DNH Part- Cash & Cash Equivalents:

B- DD Part- Cash & Cash Equivalents:

7. A- DNH Part- Loans & Advances & Deposits:

(In Rupees)

B- DD Part- Loans & Advances & Deposits:

(In Rupees)

8. A- DNH Part- Other Financial Liabilities (Security Deposit Consumers and Others):

(In Rupees)

B- DD Part- Other Financial Liabilities (Security Deposit Consumers and Others):

(In Rupees)

9. A- DNH Part- Trade Payables:

B- DD Part- Trade Payables:

10. A- DNH Part- Other Current Liability:

(In Rupees)

(In Rupees)

11. DNH Part- Contingent Liability : NIL

12. DD Part- Contingent Liability :

Schedule C (Part 1)

DETAILS OF THE PERSONNEL OF THE "ED-DNH" TRANSFERRED / ASSIGNED TO

THE CORPORATION ON FOREIGN SERVICE / DEPUTATION

Schedule C (Part 2)

DETAILS OF THE PERSONNEL OF THE "ED-DD" TRANSFERRED/ ASSIGNED TO THE

CORPORATION ON FOREIGN SERVICE / DEPUTATION

***

Union Territory Administration of Union Territory of Dadra and

Nagar Haveli and Daman and Diu

Government Policy Directions by the Union Territory

Administration of Dadra and Nagar Haveli and Daman and Diu

GOVERNMENT OF INDIA

The Union Territory Administration of Dadra and Nagar Haveli

and Daman and Diu

No.: DNHDDPCL/01/2022/HR&ADMIN/136 Date of Notification: 28/03/2025

NOTIFICATION

In exercise of the powers conferred under Section 109 read with Section 108 of the Electricity Act, 2003 ("Electricity Act") read with Notification No. U-11030/2/2003-UTL dated 22nd June 2004, by Ministry of Home Affairs, Government of India, and to achieve the objectives of the Electricity Act, the Administrator, Union Territory of Dadra and Nagar Haveli and Daman and Diu hereby notifies the following policy directions to enable effective restructuring of the electricity sector in the Union Territory of Dadra and Nagar Haveli and Daman and Diu:

1. In the larger public interest and to promote the viability of power transmission, ensure economic efficiency, serve the interest of consumers, ensure progress and good governance of Union Territory of Dadra and Nagar Haveli and Daman and Diu, the Government has resolved to reform and restructure the transmission and generation of electricity (renewable energy) business in the Union Territory of Dadra and Nagar Haveli and Daman and Diu. In furtherance of this objective, the Government, under Section 131, 133 and 134 of the Electricity Act, has notified Dadra and Nagar Haveli and Daman and Diu Electricity (Reorganisation and Reforms) Transfer Plan, 2025 ("Transfer Plan") to transfer the electricity transmission and generation of electricity (renewable energy) functions together with the assets, liabilities, interests, rights, functions, obligations, proceedings and personnel of (a) the Electricity Department and its associated divisions of Dadra and Nagar Haveli district (i.e. "ED-DNH") and (b) the Electricity Department and its associated divisions of Daman and Diu district (i.e. "ED-DD") of Union Territory of Dadra and Nagar Haveli and Daman and Diu to the DNH and DD Power Corporation Limited (i.e. "DNHDDPCL").

2. The Government, as part of the reforms process after extensive and careful deliberation, is of the opinion that the following considerations as contained in the Transfer Plan are essential to be duly adopted by the Joint Electricity Regulatory Commission for the State of Goa and Union Territories ("Commission") and all persons including third parties, even if such persons or third parties have not consented to it in order to successfully implement the reform objectives and restructuring objectives.

3. Definitions:

3.1 Term of license for the Corporation:

(a) The Commission shall accept the Corporation as deemed transmission licensee within the meaning of the fifth proviso of Section 14 of the Electricity Act read with Section 131(2) and Section 15 (8) for a period of 25 years from the transfer date.

(b) The terms and conditions for the transmission licensees as issued by the Commission shall also be applicable to the Corporation.

(c) The Commission shall accept the transfer of assets of the existing Transmission Licensees in the Union Territory to the Corporation.

3.2 Employee Pension Liabilities and Salary Structure:

(a) The Corporation shall be liable to serve the liabilities after the transfer date for servicing of entitled government employee benefits including terminal benefits of employees who have been transferred to the Corporation on deputation basis and the same shall be included in the ARR and tariff determination.

(b) The Corporation shall be liable for periodically remitting contributions pertaining to the period on and after the Transfer Date and the same shall be included in the ARR and tariff determination.

3.3 Tariff:

(a) Tariffs of ED-DD and ED-DNH: The applicable Tariff Orders of ED-DD and ED-DNH which are approved by the Commission before the Transfer Date shall be adopted by the Corporation by the virtue of the Transfer Plan after the Transfer Date. The Corporation shall be entitled to charge tariffs being chargeable by the ED-DD and ED-DNH to its consumers as per the applicable Tariff Order issued by the Commission for the transmission business and generation business (renewable energy) shall apply till the merged tariff petition is filed by the Corporation and determined by the Commission.

(b) Business Plans of ED-DD and ED-DNH: The Business Plans of ED-DD and ED- DNH which are approved by the Commission before the Transfer Date shall be adopted by the Corporation by the virtue of the Transfer Plan after the Transfer Date. The Business Plans shall be applicable till the merged Business Plan is filed by the Corporation and determined by the Commission.

(c) Return on Equity and Interest on Loan figures as per the last approved tariff petition of ED-DD and ED-DNH shall be transferred to the Corporation once the merged tariff petition is filed by the Corporation.

3.4 Other Considerations

(a) In the larger public interest, the Government has undertaken financial restructuring to provide a viable Balance Sheet to the Corporation. Accordingly, the Corporation's ARR shall hereafter be decided based on the restructured Balance Sheet and shall remain unaffected from the impact of any true-up of period prior to the Transfer Date. Any surplus / gap arising due to true-up for the past period shall be passed on to the consumer, by way of adjustment in the ARR of the Corporation in respect of its transmission business, in the manner as may be decided by the Commission.

(b) The 'past arrears' adjustments as defined vide Notification No. (FTS- 118044)/Electricity Distribution/Privatization/2022/412 dated 09/03/2022 issued by the UT Administration of Dadra and Nagar Haveli and Daman and Diu which is earlier being remitted to "ED-DD" by the distribution company as per clause no. 9 of the Share Purchase Agreement dated 15/03/2022, after the notified transfer date, the past arrears recovered by distribution company along with delayed payment surcharge shall be remitted to the Corporation on a monthly basis by the tenth (10th) day of the following month, failing which interest shall be applicable at twelve percent (12%) per annum compounded annually. Whereas, the term 'Holding Entity' of clause no. 9 of the Share Purchase Agreement dated 15/03/2022, shall be read as 'DNHDDPCL' as far as any matter concerned with the past arrear. Such past arrears and delayed payment surcharge on the said past arrear shall be allowed to be retained by the Corporation in full and shall not be adjusted in the ARR and tariff determination of the Corporation.

(c) Trade Receivables as per closing Balance Sheets of ED-DNH and ED-DD excluding past arrear as defined in Section 3.4(b) above as on Transfer Date shall be collectible by the Corporation.

(d) Contingent Liabilities of ED-DNH and ED-DD shall be payable by the Corporation as per the transfer plan. Such Contingent Liabilities shall be allowed in full and shall be passed on to the consumer, by way of adjustment in the ARR of the Corporation.

(e) The Commission shall review and accept expeditiously the Closing Balance Sheet including the Gross Fixed Assets and Capital Work in Progress of ED- DNH and ED-DD applicable on the Transfer Date for consideration in ARR and tariff determination of the Corporation.

(f) Any "Agreements" including Bulk Power Transmission Agreement (BPTA) entered by ED-DNH and ED-DD as a party under their names with any entities shall be read as "DNH and DD Power Corporation Limited" as party and further, any assets and liabilities there to shall be as per sub-section 5.2 of the Transfer Plan.

(g) Any invoices/bills being issued by ED-DNH and ED-DD to their consumers on the basis of tariff approved by the Commission shall be issued by the Corporation with effect from the transfer date notified by the Government under this Plan.

(h) Any Letter of Credit issued in favour of ED-DNH and ED-DD shall be reissued in favour of Corporation from the transfer date notified by the Government under this plan and till date of reissuance of Letter of Credit, the existing Letter of Credit in the name of ED-DNH and ED-DD as a party under their names with any entities shall be read as "DNH and DD Power Corporation Limited" as party.

(i) All business and functions of State Transmission Utility shall be looked by the Corporation in the Union Territory of Dadra and Nagar HaveIi and Daman and Diu.

4. These policy directions have been issued in public interest to implement the restructuring of the electricity sector in the Union Territory of Dadra and Nagar Haveli and Daman and Diu and the decision of the Government in this regard is final.

5. These Policy Directions are being issued without prejudice to the rights of the Administrator to amend these Policy Directions and, or, issue any further policy directions, in this regard, as may be required.

6. All the stakeholders, including the Commission and other authorities, shall be bound by the above policy directions from the date of issuance.

By order and in the name of the Administrator Dadra and Nagar Haveli and Daman and Diu

Sd/– Dr. Arun T., IAS Secretary (Power), DNH & DD

***

Electricity Department

UT Administration of Dadra and Nagar Haveli and Daman & Diu

Read:(I) DNHDDPCL/01/2022/HR&ADMIN/135 Date of Notification: 28/03/2025

(II) DNHDDPCL/01/2022/HR&ADMIN/136 Date of Notification: 28/03/2025

No. DNHDDPCL/01/2022/HR&ADMIN/137 Date of Notification: 28/03/2025

Subject: Notification of Effective Date and Designation of State Transmission Utility under the

Dadra and Nagar Haveli and Daman and Diu Electricity (Reorganisation and Reforms) Transfer

Plan, 2025.

WHEREAS, the Dadra and Nagar Haveli and Daman and Diu Electricity (Reorganisation and Reforms) Transfer Plan, 2025, has been duly notified by this Administration vide Notification dated 28/03/2025, as referenced in Preamble (I) & (II);

AND WHEREAS, in accordance with Section 1(c) of the aforementioned Transfer Plan, it is incumbent upon the Union Territory Administration to specify the effective date for the implementation of the said Plan;

AND WHEREAS, pursuant to the provisions of sub-section (1) of Section 39 of the Electricity Act, 2003, it is necessary to designate a State Transmission Utility for the Union Territory of Dadra and Nagar Haveli and Daman and Diu;

NOW, THEREFORE, in exercise of the powers conferred upon him, the Administrator of the Union Territory of Dadra and Nagar Haveli and Daman and Diu, hereby:

1. NOTIFIES the effective date for the implementation of the Dadra and Nagar Haveli and Daman and Diu Electricity (Reorganisation and Reforms) Transfer Plan, 2025, as 01st April 2025.

2. DESIGNATES DNH and DD Power Corporation Limited as the State Transmission Utility for the Union Territory of Dadra and Nagar Haveli and Daman and Diu, in accordance with sub-section (1) of Section 39 of the Electricity Act, 2003.

By order and in the name of Administrator of

Dadra and Nagar Haveli and Daman & Diu.

Sd/–

(Dr. Arun T, IAS)

Secretary (Power), DNH & DD

***

Published by : e-gazette, Department of Planning & Statistics, DNH & DD.