Section 63:
Provisions for Uttar Pradesh Power Corporation Limited, etc.
(1) The following bodies corporate
constituted for the existing State of Uttar Pradesh, namely:—
(a) the Uttar Pradesh Power Corporation Limited, the Uttar Pradesh Jal Vidyut Nigam Limited
and the Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited;
(b) the Uttar Pradesh Electricity Regulatory Commission; and
(c) the State Warehousing Corporation established under the Warehousing Corporations Act,
1962 (58 of 1962),shall, on and from the appointed day, continue to function in those areas in respect of which they were
functioning immediately before that day, subject to the provisions of this section and to such directions as
may, from time to time, be issued by the Central Government.
(2) Any directions issued by the Central Government under sub-section (1) in respect of the Power
Corporation, Commission or Warehousing Corporation shall include a direction that the Act under which
the Power Corporation, Commission or Warehousing Corporation was constituted shall, in its application
to that Power Corporation, Commission or Warehousing Corporation, have effect subject to such
exceptions and modifications as the Central Government thinks fit.
(3) The Power Corporation, Commission or Warehousing Corporation referred to in sub-section (1)
shall cease to function as from, and shall be deemed to be dissolved on such date as the Central
Government may, by order, appoint; and upon such dissolution, its assets, rights and liabilities shall be
apportioned between the successor States of Uttar Pradesh and Uttaranchal in such manner as may be
agreed upon between them within one year of the dissolution of the Power Corporation, Commission or
Warehousing Corporation, as the case may be, or if no agreement is reached, in such manner as the
Central Government may, by order, determine:
Provided that any liabilities of any of the said Power Corporations referred to in clause (a) of
sub-section (1) relating to the unpaid dues of the coal supplied to the Power Corporation by any public
sector coal company shall be provisionally apportioned between the corresponding Power Corporations
constituted respectively in the successor States of the existing State of Uttar Pradesh or after the date
appointed for the dissolution of the Power Corporation under this sub-section in such manner as may be
agreed upon between the Governments of the successor States within one month of such dissolution or if
no agreement is reached, in such manner as the Central Government may by order determine subject to
reconciliation and finalisation of the liabilities which shall be completed within three months from the
date of such dissolution by the mutual agreement between the successor States or failing such agreement
by the direction of the Central Government:
Provided further that an interest at the rate of two per cent. higher than the cash credit interest shall be
paid on outstanding unpaid dues of the coal supplied to the Electricity Corporation by the public sector coal company till the liquidation of such dues by the concerned State Power Corporation constituted in
the successor States on or after the date appointed for the dissolution of the Power Corporation under this
sub-section.
(4) Nothing in the preceding provisions of this section shall be construed as preventing the
Government of the State of Uttar Pradesh or, as the case may be, the Government of the State of
Uttaranchal from constituting, at any time on or after the appointed day, a State Power Corporation, an
Electricity Regulatory Commission or a State Warehousing Corporation for the State under the provisions
of this Act relating to such Power Corporation, Commission or Warehousing Corporation; and if such a
Power Corporation, Commission or Warehousing Corporation is so constituted in either of the States
before the dissolution of the Power Corporation, Commission or Warehousing Corporation referred to in
sub-section (1),—
(a) provision may be made by order of the Central Government enabling the new Power
Corporation, new Commission or the new Warehousing Corporation to take over from the existing
Power Corporation, Commission or Warehousing Corporation all or any of its undertakings, assets,
rights and liabilities in that State, and
(b) upon the dissolution of the existing Power Corporation, Commission or Warehousing
Corporation,—
(i) any assets, rights and liabilities which would otherwise have passed to that State by or
under the provisions of sub-section (3) shall pass to the new Board, new Commission or the new
Warehousing Corporation instead of to that State;
(ii) any employee who would otherwise have been transferred to or re-employed by that State
under sub-section (3), read with clause (i) of sub-section (5), shall be transferred to or
re-employed by the new Power Corporation, new Commission or the new Warehousing
Corporation instead of to or by that State.
(5) An agreement entered into between the successor States under sub-section (3) and an order made
by the Central Government under that sub-section or under clause (a) of sub-section (4) may provide for
the transfer or re-employment of any employee of the Power Corporation, Commission or Warehousing
Corporation referred to in sub-section (1),—
(i) to or by the successor States, in the case of an agreement under sub-section (2) or an order
made under that sub-section;
(ii) to or by the new Power Corporation, new Commission or the new Warehousing Corporation
constituted under sub-section (4), in the case of an order made under clause (a) of that sub-section,and, subject to the provisions of section 68, also for the terms and conditions of service applicable to such
employees after such transfer or re-employment.