Judgment Search Results Home > Cases Phrase: electricity act 2003 section 131 vesting of property of board in state government Page 1 of about 661 results (0.140 seconds)

Superintending Engineer (Operation), A.P. Southern Power Distribution ...

Court : Andhra Pradesh

Reported in : AIR2005AP460; 2005(5)ALT632

..... section 131 of the electricity act, 2003 deals with vesting of property of board in state government ..... 'any property, interest in property, rights and liabilities vested in the state government under sub section (1) shall be re-vested by the state government in a government company or in a company or companies in accordance with the transfer scheme so published alongwith such other property, interest in property, rights and liabilities of the state government as may be stipulated in such scheme, on such terms and conditions as may be agreed between the state government and such company or companies being state transmission utility or generating company or transmission licensee or distribution licensee as the case ..... the learned counsel also had drawn attention of this court to section 131 of the electricity act 2003 and on the strength of these provisions, the learned counsel would maintain that the present appellant being the successor in interest is also liable for all the liabilities and the appellant cannot ..... of andhra pradesh made the said rules for the purpose of providing and giving effective transfer of assets, properties, liabilities, obligation, proceedings and personnel of andhra pradesh state electricity board to other entities. ..... burns sustained by the plaintiff were sustained by him due to electrical shock and if so, in the manner pleaded by the plaintiff ..... rules were framed in exercise of powers in sections 23,24 and 55 of the andhra pradesh reforms act 1998, act 30 of 1998. .....

Madhya Pradesh Vidyut Mandal Abhiyanta Sangh Vs. the State of Madhya P ...

Court : Madhya Pradesh

..... section 131 of the 2003 act, it is categorically provided that with effect from the date on which a transfer scheme is prepared by the state government to give effect to the objects and purpose of the act, and is published, or such further dates as may be stipulated by the state government, any property, interest in properties, rights and liabilities which immediately before the effective date belonged to the board, shall vest in the state government on such terms as may be agreed between the state government and the board ..... act, the state government made the madhya pradesh electricity reforms firs.transfer scheme rules, 2003 (hereinafter referred to as the 2003 rules for brevity).while making the act as also while making the scheme, protection was granted in the matter of those employees and officers who were already working in the erstwhile board ..... engineers working in the establishment of madhya pradesh power management company limited and other companies established after bifurcation of the madhya pradesh state electricity board (hereinafter referred to as the board for brevity).all the petitioners are aggrieved by the orders.by which the rules of promotion have been adopted by the respondents companies ..... board was required to be dissolved in different companies in terms of the provisions made under the indian electricity act, 2003 (hereinafter referred to as the 2003 act for brevity).as a consequence of enactment of such a parliamentary act, certain laws were made by the state .....

Ms. S. Pushpa and ors. Vs. Government of Karnataka and ors.

Court : Karnataka

Reported in : 2004(4)KarLJ594

..... section 131 of the act is with regard to vesting of properties of the board in the state government ..... electricity act, 2003 is a consolidated law relating to generation, transmission and distribution ..... the supreme court in the said case has noticed a similar plea and ruled as under:'the process of transforming electrical energy from a high to a low potential and the process of transmitting the energy through supply lines are both manufacturing ..... regulations are available in chapter iii, in fact the karnataka electricity board admits that these appointments are not in conformity with the rules ..... section 12 provides a power to issue policy directives on matters concerning electricity in the state including the overall planning and ..... facts of these cases are as under:petitioners in these petitions state that they are serving the respondents-bangalore electricity supply company limited ('bescom' for short), since 1998 as ledger ..... guise of deployment of excess staff in the light of computerisation policy, the fifth respondent by a notification dated 17-12-2003 directed the superintending engineer to identify the excess staff in revenue sections and to dispense with the services of the ledger clerks with effect from 1-1-2004. ..... directed to prepare the scheme within eight weeks from the date of receipt of a copy of this order for the purpose of future vacancy.15.1 at the time of arguments it is also brought to my notice that the provisions of section 12 of the karnataka electricity reform act. .....

Uttar Pradesh Power Corpn. Limited and Another Vs. Noida Power Corpn. ...

Court : Appellate Tribunal for Electricity APTEL

..... section 131, of the electricity act, 2003, deals with reorganization of the boards. ..... section 131(1) provides that on reorganization of the board, the properties and interest in the property as well as rights and liabilities would vest in the state government. ..... . justice manju goel, judicial member the majority view of this tribunal that has emerged after reference under section 123 of the electricity act 2003 is that the marginal cost has to be computed at average rate of the rates of the incremental purchase of uppcl aggregating to over 400 mw as put by the learned technical member shri a.a.khan in his own judgment or the average pooled ..... the impugned order was passed, under section 86 of the electricity act 2003 (for short the act) read with section 34 of the uttar pradesh electricity reforms act, 1999, in the aforesaid petition filed by the appellant npcl before the commission. ..... e) in part 5 of the order sub-titled power procurement agreement and jurisdiction of the commission, the commission reflects on the provisions of section 86(1)(b) of the electricity act 2003 read with section 60 of the act and observes that the power procurement rate has to be approved by the commission which was not done in this case and that the commission has the authority to issue appropriate directions if a company enters into an .....

Uttar Pradesh Power Corporation Vs. Noida Power Company Ltd. and Uttar

Court : Appellate Tribunal for Electricity APTEL

..... section 131, of the electricity act, 2003, deals with reorganization of the boards ..... section 131(1) provides that on reorganization of the board, the properties and interest in the property as well as rights and liabilities would vest in the state government ..... part of the judgment ends with the remark "the issue of validity of "marginal cost agreement" with respect to section 29(e) of the contract act will be analyzed further after discussing the structural responsibilities cast upon the parties to this dispute under electricity act 2003 in order to examine the validity of the agreement vis-is the provisions of electricity act 2003 which is a requirement of section 23 of the contract act. ..... (npcl for short), appellant in appeal no.36/07, under section 86 of the electricity act 2003, read with section 34 of uttar pradesh electricity reforms act 1999, seeking a direction from the commission restraining the up power ..... to the present agreement is based on section 86(1)(b) of the electricity act 2003 which is to be read along with section 62(1) of the same act. ..... e) in part 5 of the order sub-titled "power procurement agreement & jurisdiction of the commission", the commission reflects on the provisions of section 86(1)(b) of the electricity act 2003 read with section 60 of the act and observes that the power procurement rate has to be approved by the commission which was not done in this case and that the commission has the authority to issue appropriate directions if a company enters into .....

Hari Bansh Lal Vs. State of Jharkhand and Ors.

Court : Jharkhand

..... section 2 (58) repealed laws means the indian electricity act, 1910, the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 repealed by section 185; section 131 deals with the vesting of property of board in the state government and the provisions relating to ..... contended that according to section 172 of the electricity act, 2003 a state electricity board constituted under the repealed laws shall be deemed to be the state transmission utility and licensee under the provision of this act for a period of one year or the appointed date or such earlier date as state government may invite and shall perform the duties and function of the state transmission utility and a licensee in accordance with the provision of this act and rules and regulation made ..... -6 of the writ application, it is clear that said notification was issued in view of the electricity act, 2003 section 172(a) considering jseb as state transmission and utility and licensee.14. ..... directed to refer to the government of jharkhand letter dated 13.12.2008 on the subject mentioned above and to state that, in view of state's request and the prevailing circumstances, in pursuance of section 172(a) of the electricity act, 2003, it has been decided by the central government to agree for the continuation of jharkhand state electricity board (jseb) as the state transmission utility and a licensee upto 15.06.2009 beyond 31.10.2008, to enable to state government to complete the unbundling process. .....

Chhattisgarh State Power Distribution Co. Ltd., Raipur Rep. by Its Sup ...

Court : Appellate Tribunal for Electricity APTEL

..... 12.5 according to section 131 of the electricity act, 2003, with effect from the effective date of transfer scheme, any property, interest in property, rights and liabilities of the electricity board immediately prior to the effective date shall vest in the state government. ..... 12.9 the true up of the financials of the electricity board for the period prior to unbundling falls within jurisdiction of the state commission as it is in exercise of determination of tariff under section 86(1)(a) of the electricity act, 2003. ..... 12.10 the power of the state commission in pursuance of section 131 of the act read with the transfer scheme rules is with respect to unbundling of the electricity board and notifying the transfer scheme revesting the properties, rights and liabilities of the electricity board into the successor entities. ..... 2.2 pursuant to a statutory transfer scheme notification issued by the state government on 19.12.2008, all assets, liabilities, rights and obligations of the electricity board were vested in the state w.e.f. ..... 12.8 in exercise of power conferred by above rule, the state government has also notified the opening balance sheet of the four successor companies including the appellant based on the provisional consolidated balance sheet of the electricity board as on 31.12.2003 provided by the holding company, the respondent no. .....

Kerala Electricity Employees Confed. Vs. Union of India

Court : Kerala

..... section 131 of the act, 2003 mandates the state government to prepare a transfer scheme to give effect to the objects and performance of the electricity act and property, interest in property, rights and liabilities which immediately before the effective date belonged to the state electricity board get vested in the state government. ..... .- (1) with effect from the date on which a transfer scheme, prepared by the state government to give effect to the objects and purposes of this act, is published or such further date as may be stipulated by the state government (hereinafter in this part referred to as the effective date), any property, interest in property, rights and liabilities which immediately before the effective date belonged to the state electricity board (hereinafter referred to as the board) shall vest in the state government on such terms as may be agreed between the state government and the board ..... it is submitted that the state government has now by notification dated 31.10.2013, in exercise of power under sub-section (2) of section 131 of the act, 2003, issued the scheme for transfer, called, 'kerala electricity second transfer scheme (re-vesting), 2013'. ..... by virtue of section 131 of the act, 2003 and the transfer scheme prepared by the state government, only those rights which were earlier vested in the board are to be revested in the company. .....

Delhi Transco Limited Engineers Welfare Associatio Vs. Government of ...

Court : Delhi

..... (1) the state government may, by a transfer scheme, provide for the transfer of the officers and employees to the transferee on the vesting of properties, rights and liabilities in such transferee as provided under section 131. ..... -(1) the government may by a transfer scheme provide for the transfer of the personnel from the board to a company or companies established as the case may be, under section 14 and distribution companies ('hereinafter referred to as "transferee company or companies") on the vesting of properties, rights and liabilities in a company or companies established, as the case may be, under section 14 or the distribution companies. ..... (ii) counsel for the petitioner also relies upon section 16 of the delhi electricity reforms act, 2000 and section 133 of the electricity act, 2003 to argue that the eligibility criteria of promotion to the post of director (operations) of the respondent no.2 cannot be changed for employees of dvb and these sections read as under:section 16 of the delhi electricity reforms act, 2000 16. ..... prem prakash 30.04.2019 2(i) petitioner/association relies upon clause 3 (b) of the tripartite agreement dated 16.1.2001 which was entered into between the government of nct delhi, the delhi vidyut board (dvb) and the joint action committee of workers, supervisors, engineers and officers of dvb at the time of unbundling of dvb. .....

Uttar Pradesh Rajya Vidut Parishad Anusuchit Jati/Janjati Karmchari Ka ...

Court : Allahabad

Reported in : 2008(2)AWC1464

..... in pursuance of the powers conferred by sub-sections (1) and (2) of section 23 of the act of 1999, the government made a transfer scheme for the purpose of transfer and vesting of all the properties and all interests, rights and liabilities of the board in the state government and revesting thereof by the state 'government in the power corporation and in a generating company alongwith other property, interest, rights and liabilities of the state government and for determining the terms and conditions on which such transfer or vesting or revesting shall be made.18. ..... later on, the governor, in exercise of powers under sub-section (4) of section 131 of electricity act, 2003 and sub-section (4) of section 23 of uttar pradesh electricity reforms act, 1999, was pleased to notify a scheme for providing and giving effect to the transfer of distribution undertakings of uttar pradesh power corporation limited to the distribution companies, known as the uttar pradesh power sector reforms (transfer of distribution undertakings) scheme, 2003, which extends to the whole of the state of uttar pradesh and also to such assets, liabilities, proceedings and personnel of the .....