The Talcher Thermal Power Station (Acquisition and Transfer) Act, 1994

The Talcher Thermal Power Station (Acquisition and Transfer) Act, 1994 Act7 of 1995

Keyword(s): Transfer, Corporation, Power Station Amendment appended: 3 of 1996 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

. 15 : . . : ORISSA ACT 7 OF 1995 ' Co . « THE TALCHER THERMAL POWER STATION (ACQUISITION AND TRANSFER) ACY, 1994 ~ . TABLE OF CONTENTS B PREAMBLE i SBcTIONS Co . PRELIMINARY

• • CHAPTER I )

(1) This Act may be called the Talcher Thermal Power Station (Acquisition and Transfer) Act, 1994. (2) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.

In this Act, unless the context otherwise requires,— (a) "appointed day" means the date of commencement of this Act; (b) "Board" means the Orissa State Electricity Board constituted under the Electricity (Supply) Act, 1948; (c) "Commissioner" means the Commissioner appointed under section 16; (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 7, Institutional Area, NTPC Bhawan, Core-7, Scope Complex, Lodi Road, New Delhi-110003; (e) "Power Station" means the Talcher Thermal Power Station including all associated facilities, etc. of the Board, situated at Talcher in the district of Angul; (f) words and expressions used herein but not defined in this Act and defined in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 shall have the meaning respectively assigned to them in those Acts.

On the appointed day, the Power Station and the right, title and interest of the Board in relation thereto shall, by virtue of this Act, stand transferred to, and vest in, the State Government.

(1) The power station 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 equipments, 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 Board in relation to the Power Station whether within or outside the State of Orissa and all books of accounts, registers and other documents of whatsoever nature relating thereto, but not to include cash in hand, cash at bank, investments, book debts other than outstanding advances for procurement of materials and equipments for the Power Station) or rights, liabilities and obligations respecting any other contract or Memorandum of understanding or agreement, entered into by the Board or the State Government. (2) If on the appointed day, any suit, appeal or other proceeding of, whatsoever nature in relation to any property or asset which has vested in the State Government under section 3, instituted or preferred by or against the Board in relation to the Power Station, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the Power Station 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 Power Station vests in the Corporation, under section 5, by or against the Corporation, subject to the provisions of section 6.

No liability of the Board in relation to the Power Station incurred prior to the appointed day and no award, decree or order of any court, tribunal or other authority in relation to the Power Station passed after the appointed day in respect of, any matter, claim or dispute which arose before that day, shall be enforceable against the Corporation.

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 Power Station 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.

(1) The Commissioner shall, so far as may be, be within six months from the date of the notification under Section 16, determine the amount payable by the State Government to the Board for acquisition of the Power Station. (2) In determining such amount, the Commissioner shall take into consideration the value of all assets and properties, pertaining to the Power Station 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 Board, make available the balance amount to the Board.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this Act, or in any decree or order of any court, tribunal or other authority.

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.

(1) The State Government may, by notification, make rules, for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:- (a) the detailed manner, if any, in which the amount is, to be paid under sub-section (1) or sub-section (2) of Section 8; (b) the manner in which the moneys in any provident fund or other fund referred to in Section 15 shall be dealt with for the purpose of that section; (c) any other matter as may be considered expedient to be provided.