Act Info:
(1) Not later than sixty days from the date of commencement of this Act, the State Government shall cause a company to be incorporated under the provisions of the Companies Act, 1956 to be known as the Karnataka Power Transmission Corporation, (KPTC) with the principal objects of engaging in the business of purchase, transmission, sale and supply of electrical energy.
(2) Subject to the provisions of section 12, KPTC shall be the principal company to undertake all planning and co-ordination concerning the electricity. KPTC shall also be the principal company to undertake transmission and work connected with transmission, determining the electricity requirements in the State in co-ordination with the generating companies, State Government, the Commission, the Regional Electricity Board and the Central Electricity Authority.
(3) The KPTC shall 1 [xxx] be responsible for the extra high voltage transmission system operation and shall operate the power system in an efficient manner.
(4) The KPTC shall undertake the functions specified in this section and such other functions as may be assigned to it under the license to be granted to it by the Commission under this Act.
(5) Upon the grant of license to the KPTC under chapter VII, the KPTC shall discharge such powers, duties and functions of the Board including those under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 or the rules framed thereunder, as may be specified in the license and it shall be the obligation of the KPTC to undertake and duly discharge the powers, duties and functions so assigned.
(6) Subject to sub-sections (1), (2) and (3) and subject to the overall supervision and control of the KPTC, a number of subsidiary or associated transmission 1 [xxx] companies may be established in the State and the Commission may grant licenses under the terms of this Act to such transmission 1 [xxx] companies, in consultation with KPTC.
_______________________________
1. Omitted by Act 26 of 2001 w.e.f 10.11.2001.
Section 13 - Karnataka Power Transmission Corporation
(1) Not later than sixty days from the date of commencement of this Act, the State Government shall cause a company to be incorporated under the provisions of the Companies Act, 1956 to be known as the Karnataka Power Transmission Corporation, (KPTC) with the principal objects of engaging in the business of purchase, transmission, sale and supply of electrical energy.
(2) Subject to the provisions of section 12, KPTC shall be the principal company to undertake all planning and co-ordination concerning the electricity. KPTC shall also be the principal company to undertake transmission and work connected with transmission, determining the electricity requirements in the State in co-ordination with the generating companies, State Government, the Commission, the Regional Electricity Board and the Central Electricity Authority.
(3) The KPTC shall 1 [xxx] be responsible for the extra high voltage transmission system operation and shall operate the power system in an efficient manner.
(4) The KPTC shall undertake the functions specified in this section and such other functions as may be assigned to it under the license to be granted to it by the Commission under this Act.
(5) Upon the grant of license to the KPTC under chapter VII, the KPTC shall discharge such powers, duties and functions of the Board including those under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 or the rules framed thereunder, as may be specified in the license and it shall be the obligation of the KPTC to undertake and duly discharge the powers, duties and functions so assigned.
(6) Subject to sub-sections (1), (2) and (3) and subject to the overall supervision and control of the KPTC, a number of subsidiary or associated transmission 1 [xxx] companies may be established in the State and the Commission may grant licenses under the terms of this Act to such transmission 1 [xxx] companies, in consultation with KPTC.
_______________________________
1. Omitted by Act 26 of 2001 w.e.f 10.11.2001.
Section 14 - Reorganisation of the Karnataka Electricity Board
(1) On and with effect from the date on which a transfer scheme prepared by the State Government to give effect to the object and purposes of this Act is published or such further date as may be prescribed (hereinafter referred to as the effective date of the first transfer), any property, interest in property, rights and liabilities which immediately before the effective date of first transfer belong to the Board shall vest in the State Government on such terms as may be agreed between the State Government and the Board.
(2) Any property, interest in property, rights and liabilities vested in the State Government under sub-section (1) or part thereof may be revested by the State Government in the KPTC or any generating company or companies in accordance with the transfer scheme published under sub-section (1) along with such other property, rights and liabilities of the State Government as may be specified in such scheme, on such terms and conditions as may be agreed between the State Government and the KPTC or any generating company or companies, as the case may be.
(3) From the effective date of first transfer of properties etc., to the KPTC, the Board shall stand dissolved. The Chairman and Members of the Board shall be deemed to have vacated their office. Such of the functions, duties, rights and powers exercisable by the Board under the Indian Electricity Act, 1910 or Electricity (Supply) Act, 1948 or any rule framed thereunder as the State Government may by notification specify shall be exercisable by the KPTC or any generating company or companies, as the case may be, from the effective date of first transfer.
(4) Notwithstanding anything in this section, where,-
(a) the transfer scheme involves the transfer of any property or rights to any person or undertaking not wholly owned by the State Government, the scheme shall give effect to the transfer only for fair value to be paid by the transferee to the State Government; and
(b) a transaction of any description is effected in pursuance of a transfer scheme, it shall be binding on all persons including third parties.
(5) The State Government may, after consulting the KPTC, require the KPTC to draw up a transfer scheme to vest in a further licensee (the "transferee licensee"), any of the function including a distribution function, any property, interest in property, rights and liabilities which have been vested in the KPTC under this section and publish the same as the scheme of transfer 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) and shall be effective from the date specified (effective date of second transfer).
(6) A transfer scheme under this section may, amongst others,.--
(a) define the property, interest in property, rights and liabilities to be allocated,-
(i)by specifying or describing the property, rights and liabilities in question;
(ii)by referring to all the property, interest in property, rights and liabilities comprised in a specified part of the transferors undertaking; or
(iii)partly in the one way and partly in the other;
(b) provide that any rights or liabilities specified or described in the scheme shall be enforceable by or against the transferor, or the transferee, as the case may be;
(c) impose on KPTC or any licensee, an obligation to enter into such written agreements with, or execute such other instruments in favour of, any person as may be specified in the scheme;
(d) impose on any transferee licensee the obligations to comply with the power procurement and purchase arrangements with KPTC; and
(e) make such supplemental, incidental and consequential provisions as transferor licensee considers appropriate including provision specifying the order in which any transfer or transaction is to be regarded as taking effect.
(7) All debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Board, or the KPTC or generating company or companies before a 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 the Board, with the Board or for the State Government or the KPTC or the transferee, and all suits or other legal proceedings instituted by or against the Board or transferor, as the case may be, may be continued or instituted by or against the State Government or the concerned transferee, as the case may be.
(8) If pursuant to a transfer scheme framed by the State Government, the KPTC is required to vest any part of its undertaking in another company or body corporate or person, the Commission shall amend the licence granted to enable the transferee to carry out the functions and activities assigned to the transferee.
Section 15 - Provisions relating to personnel
(1) The State Government may provide in a transfer scheme framed under section 14 for the transfer of the personnel from the Board to the KPTC or to the generating company or companies or from the KPTC to further transferee, as the case may be, on the vesting of properties, rights and liabilities in the KPTC or further transferee as provided under Section 14 and such transfers shall be effective in the same manner as in the case of transfers under section 14.
Explanation.--For the purposes of this section and section 16, the term "personnel" shall mean all persons who, on the effective date of the transfer, are the employees of the Board or the KPTC, as the case may be.
(2) Upon such transfer scheme, the personnel shall hold office or service under the KPTC or generating company or companies or the transferee company on terms and conditions that may be determined, in accordance with the transfer scheme:
Provided that such terms and conditions on the transfer shall not in any way be less favourable than those which would have been applicable to them before the relevant transfer scheme and the continuity of service of the personnel shall be maintained:
Provided further that any such scheme under sub-sections (1) and (2) shall be consistent with the tripartite agreements entered into between the State Government, Board or KPTC as the case may be and the employees.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or any other law as is applicable and except for the provisions made in this Act, the transfer of the employment of the personnel referred to in sub-section (1) shall not entitle such employees to any compensation or damages under this Act, or any other Central or State law or under the general law, save as provided in the transfer scheme.
Section 16 - Variation of transfers
Subject to the proviso of sub-section 2 of Section 15, the State Government may provide that the transfers in terms of sections 14 and 15 shall be provisional for a period of twelve months from the effective date and reserve the right to alter, vary, modify, add or otherwise change the terms in such manner as the State Government may consider appropriate.