' r~~liw ACT 7 OF 1995 , TALCHER THERMQL'POWER STATKON (ACQtlIS~lON AND TRANSFER) ACT, 1991 Qa jssent of thc P;csi?c;lt or: f>- 374 1?I:1y 1995 f irjt published in aa eAtraordio8ry isene d the risJa Gaare, dated tho 18th M;~Y lyY3. j , PLI;~; ACT TO PF.OyiDd Ed.; T:U . \CdLl~SiTtd~\: 1LiD TKANSpBR OF THE ' KIOHT, TITLB A N 3 . mTeREsr OP.THE ORISSA S!.ITE E L E C F ~ T Y BDAKD-IN RELATION TO THE TALC= TI-IERJdAL POWLR ST,\TlOi< SITUA'rR9 A T 'rALCH3R I~ THS DISTRICT W ANEfUL L L ~ Ti1S L.;;,.,EST 0 2 ;:d.id;.AL P3;YEiI DEVELOP-, TO CARRY OU'E RBNOvATION AND MODE<YISXrIoN AND. TO ACHIEVE BKTBNSION OF , - T + ~ E SAID F ~ V E R slqArlc)q A,.II) FUK a ' r r t l ~ s CONNUCTBD TDRE- WITH OR I!<C[I~EN1'AL THERETO. . .. - -- Whereas, thc Talcher Tharinn! Poi-ilsr Station is. wholly owned and managed by ..
the Oriqsa Elec!rici ty Board, -1 )tl~toly body mngtjtnled by ue State Government uqder ?)1~ 3!ecrrIci:y ~S-??!JI) k - :I::, 11!4S u.i!3 a total gsncratin; cnpacity of 460 Mw ' of electricity ;
' And whereas, the said Power Station has -not ken able, duc to hancial and , technic4 constraint;, to'opcrnie c o n t i n l ~ o ~ ~ ~ l y nt its optimum capacity rtsulting loss ' In generation of electricity; . , .
. And whereas, thesaid Boird or thcState Govemmbnt is n ~ t in a position ;to provide additional f uads nzccssa ;y to ::chieve the optimum production-, ' It i s hereby enaciFd by ths L-giJ$ure of thc State of Orisea in the ErVhTtb Ybsr of tkcl Rn2:!hl!~ of Id!;: ns l o ! l o ~ : - # , CHAPTER I . .
PRELIMKNARY I Shorl titb 1. f I! Thia Ant r ~ a y bc called the Talcher marma1 Power Station (Acquisition and md Trauafer) Act. 1994.
cOmmumt. 1 (2) It ehall come into force on such date 3s the State Government may, by aotiflcation. appoint in this behalf. , . .
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-tiom , 2, I2 !!is .Ax, r ~ ! r s s ~.~e'ccz?cxt ~ f h e ~ s j s r : requires,- la) "appointed day" means the date of commencement of tI& Act;
(b] 4a~onr&' moans thc Oriun State Blcotri~ity Board constituted under the w, ' Eiectricity (Supply) Act, ,1948; - - . . .
{c) "Commissioner" misfis the Commiss~oner appointed unda- section 16;
- (d ) "~orporatioh" means the National Thermal Power Corporatioh Ltd., a Government compzoy within the meaning -pf the Companiec Act, 1956,l d 196& ' andhaying its registcrcd office at 7. Znstitutional Area, NTFC Bhawan, Cure-7, Sc;rpz C u ~ n p l e ~ , LoJi Road, New Delhi-110003; s .
- - (e) "Power Statio:~" merlas the Talchcr Then- Power Station including BII associated fdcilities, ctc. of the Board, situated at Talcher jri the district of Angul;
((1) words and cxprcssions used herein but not dehed in this Act and defined in the Indian Electricity Act, 1910 or the Electricity (Supply) M, 1948 shall have t hc meaning resp:ctivety assigned to them in those Acts.
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CHAPTER d .,= . ACQUiSITIQN AND TRANSFER OF POWER STATION a m r e r to 3. On thr; appoinlcd day, t bc Power Slation an> the riiht, title and interest of - and wtiw the B o a ~ d in relalion thercto shall, by virtue of this Act, ietand transfemd to, and inthe Stab .vest in, the State Government.
Government of tho Power ,Stetion.
u - -- ,-end . 4. (1) Tho p o d station shall be dscmed f o include all ploikrtis and a a t s , efid of rights, leaseholds, powers, aulhorit ies and privjlegee and all property movable and veztlng. . immevlble incllldlnz land$, buildings, oEcesj stores, pIonts, machinery and equipment#.
*For the BI U Sce Orisso Gazerre, Extraordinary, dated the 14th Deccmber 1994 (No. 160 8).
4 ' ' I . i \ 17 f nstallatio~s;~trurnents, office furniture, statioueq. and office equibmonts, vehicbs, alaff .quarten, workers' colonies togcthcr with amenities and in: tallat ions pcrtar nlng thereto, and otber rights and i~tercsts in, or arising out of, such properties and asie1.s . . as were Lnmcdiately before the appoiated. day in the ' ownership, pos;cssion, powcr :and control of the Board in rzlation to the Power Station Whether within .or outside the State of Orissa and all , books of account<, registers and other documents 'of ,what:oever nature relating thcrctp, but not to includc ca:h in hand; cash at bak, 'investments, book debts olher than out;tsnding ad~anccs for prccurement of mater'al.; and equipments for the Power Station) or rights, liabilities and obligtions respecling any other contract or Memorandum of understasiding or 'agreement, entered into by the 3 Board or the State Government.
4 2 ) If on the appointed day, any suit, appeal or other p~oceeding of, what-caevet naturc in relation to any property or axet which ha; vcstcd in thc Stale Government , , under section 3, iastitufcd or preferred by or against the Board in relation to the :Pow,er Station, is pending, the same shall not abate, be di-continued or be, in any way, prejudicially affected by reason of the tranifer of the Pa.wer Statlon or of anything contained in this Act but the suit, appeal or other proceeding may be conliaued, pro;ecuted or-enforced by of against the State Government or, where tho -Power Station vests in the Corporation, under section 5, .by or against the Corporation, subject to the provisions of seclion 6.
Vest Ing of 5. ( I ) T ~ B Power station-veitcd in t h e State Governmsnt under section 3 shale the Power on such date as the State Government may, by. notification, specify in this behalf Station in vest i n the'corporation free from call- encumbrknces and thereafter,, the Corporation 'he Gorp* skil l become the owner of the Power Station:
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Provided that no such notifiation shall be made unleis a resolution .paised .
by the Corpo: ation for the purpose,in conformity with the. provision^ of this Act is communicated to, the State,Government.
> , - , (2) Land 'measuring 216-02 - acres aquired for Ash Pond in Talcher, in 'the . district of-Angul, shaII stand transferred to the Corporation, free from A1 encumbrances, afterdue. physical possession of the-land.
,' s t a 4 . 6. No liability of the Board ia relation to the Power Station incarred pr!or 'Gowrnrncnt . or =orPo- to 4 the appointe'd 'day and ,no award, dedree of order of any court, tribunal ralion nor to or other authority in relation to the Power Station passed afterr the appoinled &y be IiabIe, for in re,pect of, any matter, claim or dispute which arose before ,that day, shall & priorliablll- enforeable against the Corporation.
IleL 'CRAPTER Iu ' , - , . PAYMENT OF AMOUNT , .
pgymeot ot 7. For the transfer to; and .vesting h, t h ~ State Government, underfection 3, amnut by ,of the Power Station and the ri$t, title and rntetest of the 3: ard in relation to the ' Power S-tation, there shall bc givco by the State Government to the Board such Oowrnrnent. amount as may beh determined in the manner specified in Chapler. VI.
.I Payment of 8. (1) For the transfer to, and a vesting in, the Corporntion, undcr section 5, of amount by the Power Station and ,the'right, t i t le and inkrest .of the Statc Govcrnmentin , relation to the Pown Station, there shall be paid by the Corpdntion. to the State , . ,C30vernment,:such amount and in such manner, 'a is specified in the. Schedularn ' (2).The State ~ o v e r n m e u ~ may, after consultation with tbc Corporation, by notification, make suitable changes in - the amount and .the manner of its payment '-, specified in -the Schedule, and on publ~catlon of the notscation in &c Gae[tk the ' .Schedule shall .stand-amended accord~ngly. .
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,CHAPTER IV I DELIVERY OF POSSESSION , . , Duty u ~ ~ P , 9. ( I ) Any person has, on- the appointed day, in his posreision-or under . gobs tn amag hi3 control, any assets, boob, docum-nts or other papers relating to tlle,Powcr, ' , mtform~.!'fm Station which ha^ vested In the State Government or the -Corpo;atjon under this , erG1n ~ ; ; , r h a l l be liabla to account for the said as:ets, bookr, documentl and other passcalon.
, .papea k the .State Government Or, as the C a m may bc, to !he Corporatron,-and shall delivzr them to the State Government or the ,Corporation ir to such persoh or persons as the State Government or the C O ~ P ? ~ ~ ~ ~ O I I may SW~S, in this hhdf. - . ,
(2) The state ~ o i e r n m e n t or, as the C I S may be, the Corporation, may take or cause to be taken all neccssary steps for zecuring pos~ossion of the Powcr Station which ha< vested in the Statc Government, or the Corporation under this Act.
(3) The Board shall, within such period as the State Government may allow in this behalf, furnish to the State Government a cornplcte inventow of all its properties and assets, both movable and immovable, as cn' the appointed day, pertaining to the Po Wer Station which has vested in the State Gcvemment under section 3 and for this purpose, the State Government or the Corporation shall afford to the Board a11 reasonsblt facilities.
CHAPTER V - PROVISIONS RELATING TO EMPLOYEES OF THE POWER STAT1,ON Absarprion ' 10. ( I ) Every person who ha? becn, immediately before the appointed day, a or employec3. regular employee of the Power Station, shall, on and from the appointed day, bt deemed to be on deputation with the Slale Government on $he same terms and coaditioas, subject to the provisions conteined in sub-section (2).
(2) On the . vesting of the Power Station in thc Corporation under section 5, the Corporation shall, save as otberrp'ise provided, absorb the employees of the Board working in thc Power Station, in the following manner :-
(a) Subject to thc provi5ion9 of. ilauses. @) and (c) of this sub-section and sub-rcctions (3) and (4); all ths ,employees on the regular rolls of the Powcr Station shall be absorbed in the serviceq ,of the Ccrporatioh who m y , with a view to achieving better productivity and eficiency, redep!oY , . them in talc he^ Super Thermal Power Project or in any ,other Project or , Powcr Station blonging to them and such employees abiorbed in tho services of the,Corporation sha!l be governed by the R u b and Regulations of the Corporation in force from time to time. .
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(b) Officers in the rank of Executive Engineer and above, whatever designs' tion they hold, shall, be retained by the Board for deployment in other ' - activities of the BoaId or the State Government. ,
(c) Olscers in the rank of Assistant Engineer, whatever desigpation they hold.
, sball be kept on deputation , with the Corporation, and their absorption fa the Corporation or repatriation to the Board or tbc State Government shall be regulated in thc following manner :-
(i) twentpfive percenturn 'of them shall be absorbed, ih order of their suitabilily as may bc determined by the Corporation, during tho first year o f vesting of iht Power Station in the Corporation ; - .
(ii) twenty-five pcrcenfum pf them &all ba repatriated to the Boardduring the first year of such vesting for redeployment in the Board or under the - - State Governmcnt Departments ; ,
(fii) further twenty-five .Percenturn of them shdl be absorbed in order of their suitability as may be determined by the Coi oration, during the' second and third years of such vesting (that is 15Zin scx'nd year and 10% in the third year) ;
. . (Iv) tha remaining twenty-five percenturn of the oficers shall be . repatriated to tbe Board during the'second. aad third pan of such vesting for redeployment in t h e , Board or under the State GOY& n m a n t Departments. .
. '. (3) All Stipendiary Engiaecrs in employment in the Power Station immediately before the appointed day, shall be retained by the Board.
(4) Notwithstanding anything in tk preceding subsections, ertlploy&~ appointed, if any, in the Power Station afier the 1 lth October 1994 shall be retained by the Board.
Tcrrnnaud ' 11. ( I ) Eveflcrnployee of the Power Station absorbcdin thecorporation shall Con:Itio~ of- or hold office .'or render seryice under the Corporation on the same terms and condiempboyesor tionS and with the same r~ghts and pr~vileges as to pension, gratuity, leave and other Powtr Sla- matters, as would have been applicable to him immediately before kuch ~eititig, ti11 tion to his employment under tbc Corporation is dUIy ter-inated or until hi; remuneration ~ e ~ : $ $ ! ! ~ and other conditions of scrviu, ar a package arc dulyslterkd bythe Corporatian to va-6. hbadvantage- ' ' .. . I
(2) .The financial liabilitier of the Board in relation to the employees absorbed - by the Corporation on acccunt of - the -matt:rs referred to in subatction ( I 1 for the .
senices rendered u n d ~ the Board shall be computed till theidatr: imrnediiitely Pr=- ding the date cf vesting of the Power Sfation wilh the Corporation and the a m o u t shaU paid to the Corp~ration as soou as the employees are absorbed.
RuvenIon of degluzt- 12. Any "perion ,who was on deputation to the Pow6 Station from -any .other ' tiohIstP. OrgaDi~atio~ immediately before the appoioledc day shall, on that day, be dcemed t0 hnve been reverted to his parent organisation.
> . Status of 13. Any person referred to in sub-clauses (i), (ii), (iii) and (iv) of clause (c) of subw ~ ' ~ ~ ~ ~ *' S C C ~ ~ O I I (2) of -ion 10 rhall, on ihe date of , verting of tho Power Station with the Pow:r Sm!ion C~rpomticn; be deemed to' be A on: deputation with the Corporaticn 'on thc samy g? 11s vstlfig tm?& and conditions of setvice as were applicable to him before such vesting, unlll ) w'th Ihe he 1s absorbed in the service of the Corporation or repatriated to the Board, as I he Co~sratiOnm case may be.
14. Notwithstanding anything contained in the ladustrial ~ i s p u t k Att, I947 Or l4 0r1947- not bt totitled +* in anf - other law for the time bcing in force, the transfcr of the scwicee of any , .
comp:nsi- employee of the Poker Station to the Corporation shall not. entitle .him to any tion. . compensatifln undcr this Act or under any other law for the time being In force and no such claim shall be enfe~ tained bylany court, tribunal ~t other ..'authority.
Transfer of provident IS. Where the Board has established a provident fund or any other fund for the . fund money benefit of the persons employed by it in the Power Station, the moneys relataole LO to the the employees who at% ab-orbed by or uudcr this Act' in the Corporation, srapdisg C w o r a U o ~ on the appointed day to tqe credit of such funds. shall, on lhe date of vesting of the Power Station in the Corporation, stand transferred to the Corporalion.
- I DETERMINATION OF PAYMENT BY THE STATE GOVERNMENT, Appointment 16. (1) The State Oovcrmept shall. for the purposes of determining he amount cornmiss- payable to the Board for acquirit ion;of the Power Sfat ion by the State Government , - loner. nud for its disbursement, appoint, by notification, a Commissioner of Payments.
(2) The State ??vernm&it may appoint such other pmonn *s it may think fit to assict the C o b ~ : ~ o n e r .
Dt~nnlna- 17. (1) The Commissioner $hall, so far as 'may, be within six months from the tIon of date of the notification under Section 16, determine the amount payable by the TmP-- State Government to the Board for acquisitionof tho PowerStaticn.
, tion.
4. (2) In dctetmidq such amount, the Commissioner , shaI1 take into consideration the valw of all assets and properties, .pertaining to the4Power.
Station as h v e vested in the State Gowment under Section 3, and such other aatters as may bo relevant for the purpose. . -
(3) Tbt amount so determined sbalI be intimafed by tho Commissioner to the State Government, whcre~pon the State Qovernrnent shall, altcr deducting the amount owed to it by thu Board, make available the balance amount to the Board.
CHAPTER VIl MISCELLANEOUS Ovwridhu 18. The provisions of this Act shall have effect notwithstanding anything eEect of 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, ar in any decree or order of any court, tribunal or othcr authority.
~endtiu. 19. Any person wh-o- , ,
(a) having in his possesqion, custody or control any property forming part of the Power. Station wrongfullg withholds. such property from the Corporation; or I. .
. , . - {b) wrongfully'obtains pmlession of, dn retains, any property forming part of the Power Station ; or,
(c) wiifullg .withholds or fails to furnish to the Corporation or any-person or .
. . body of pzrjons sp:cifil:d by the Cotpolation, any document or inventory . . relaung to the Power Station which may be in his 'possession, custody + . - - or control ; OE '.
(d) faiIs to deliver to the Corporation or any pason or body of persons specified by the Corporation, any- assets, baok ; of accounts, regiiters - or other docuincnts in his p~ssas!an, custody or control relating to the. .
Powcr Station, .
shall be punishable rt'ith imprisonment for a term which may extend to iw0 years and also with fine which may extend to ten thousand rupees.
Ofltnct by 20. (1) Where an- offence punishable under Section 19 ha; been committed bY , the Board the Board or s cornpmy, cvcry pcrjon who, a t the timc the offince was committed, ' or a ampany . was in charge of, and wss responsible to, the Board or company, as the case may . . - be, 'for the conduct cf , its business as wcll as ;he Board or the company, as the case may be, shall be decmed to be guilty of the offence and shall be liable to :be . ,proceeded agaimt and punished accordingly:
provided that nothing contained 'ih t h i s sub-section ihill render any s u ~ h ' ' liable to any punishment, if he proves that the offence was commitled w~thout his ' knowledge and thlt -he had exercised all due diligence to prevent .the commission of such offence.
. ' (2) Notwithstanding anything' contained in sub-seetion (I), where any. offence - under *Section 19 has been - commiltcd by a comoany and it i s proved 'that the offtnw .
was committed with the consent or connivance of, or is-attributable to any neglect on .
the part of,.any director, manager, -secrctafl or otber officer of the comnany, such director, maniger, secietary or other officer shalI be- def ied to be guilty of that : offence and shall be liable to be proceeded against ad punished accordingly.
Exp~unatlon-For the purposes of this Section,- , .
- (a) means any body corporate and-includes a firmor other i . - association of individaab; and I 1 . (b) "director" in riation to a firm, means a partner in the .firm. .
I Rottctlon '21. .No suit, prosec~~tion or other legal proctedings shall ,lie againit the State ofactlon. Government or any person, for anything which is In good 'faith -done-or intended to - be done inpurauanccofthis Act or iherulasmade thereunder.
Power to 22. (1) The Slate Government may, by- notification, make rules, for carrying dccrulcs. out the purposes of this Act.
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(2) In particular and without prejudice to the generaIity of-the foregoing power such rules nay provide for all or any of the following matters, namely:- - :(=) the detailed manner, il' any, in which the .amount is, to be paid under .. , - . - s u b ~ i o n ~ ( l ) or sub-section (2) Of Section 8 ; ,
(b)-the 'manner in which tho moneys in any piovident fund or other fund referrcd to in Section 15 shall be deaIt with for the purpose of that dection; .
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I . (c) any other matter as may be:considered expedient to be provided.
I Power to 33. ( 1 ) 1f any difficulty arises in giving 'effect to the provisions of this Act,.the State Government may, bY order, .make such provisions, not effecting thc substance of this Act, as appears to it to be necwary or expedient for removing, the difficulty.
(2) No order under sub-sectiph ( I ) shall be made after the expiration 6f- the pkiod '- . .
of two years from the commencement of this Act.
(3) Evcry order made uadcr sub4ecaon (I ) shal1 be laid as soon as may be, before the State Lejislature and the provisioas of the Orissa General Clauses Act, orisla Act .
, . - ,1937 shall apply as they ,apply in. respect of tules madc by the State .Government 1 of 1937.
Wei any Orissa Act' . .. : . . . . , _ . . I , , ( See Section 8 ) 1, The amount payable by the Corporation as referred to in Sccticn 8 shall be three hundred and fifty-six crore rupees.
2 Such amaunt shall he paid in the following nanner, namely:-
(a) Rupees one hundred mores shall be paid to the State Government of Orissa at the time of vesting the Power Station with the Corporation.
(b) T b balance iupecs two hundred and iifly-six ciores shalt be paid as follom: - (0 by adjustment of the cutst~~ding dues of the Corporation against the Board on account of sale of energ and surcharge for delayed r payment, as on the date of vesting o the Power Station with the - Corporation ; and
(ii) after such adjustment, the balance . amount shall be paid in five consecutive equal annual in-talmtnt which shall carry intcreslt liability at .the rate of fo~rteen petcenturn. per anpum on the Corpcr7tian. Thc payment of ~nstal ments along with the intc~cst shall commence on the expiry of one year from the date of the do-iw paqrnen of rupees onc hundred crores as mentioned at (a) above.
. . I n case of non-payment by the ~ o a r d or its sum&ors, of , :
eI~trjci ty dues, if anv. for more than tkree months, of any Corporation ' ' station, rbe Corporatioh shall be enlltIed to appropriate tbost dues , from the Bard against its dues to the State Government niter due ttconcjliation of the Corporation accounts with the Board accounts.
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*"= TALCHER THERMAL P.OWER STATION ( ACQUlSlllON AND TRANSRER) . . . .
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AMENDMENT ACT, 19H . [Received the n m t of the' eov'ernor oti the 1 sc ~ e b r r r a r ~ ' ~ 996 published irr in.~xfruordinmy i rm of the .Orissa Gazette doted the 6th Febrf~ory 19w . . - 4 & Am TO ~ M B N D TAB T H ~ R ~ POWER STATION ( A C Q U I S ~ ~ U N AND TRANSFER) Am, 1991 ' BE i t enacted by the Legislature of ihc Stat c of ~ r i r s a in Ihc Porly-6blb Y c ~ in the Republic of India as follows:- S horl fiu8. 1. This Act may be called The Talcher Thermal , Power Station (~c~uisitioo and Transfer) Amendment Act, 1995.
!I 2. In the Talcher Thermal Powtr Station (Acquisition and Transfer) A a , 1 9 9 ~ ~ ~ y ~ ~ $%v ffo leaion 18, the following Section shall be substituted, nam,ely:- 1995.
. 13.
"18. The provisions of this A? shell have eEect notwithstanding anything .I incomistent therewith contamed in the Code of Civil Procedure, 1908, rhe 5 of 1908 Transfer of Property Act, 1882 and thc Registration Act, 1908, or in 4 of l8a2 aay othcr State law for the timc being in force, or ia any instrument havj* 16 of 190% effect by virtue of any of the said laws, other than thisAct, or in anp decree or order of any court, tribunal or other authoriiyan'. . .
- - .*Fir rhs ill See brisw Gazelle, Hxtrrordinary, dated [be 23rd November, 199 : mo. 1319) 1995OR7.pdf 1996OR3.pdf