Section 12 of The Energy Conservation Act, 2001
- (1)On and from the date of establishment of the Bureau--
- (a)any reference to the Energy Management Centre in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Bureau;
- (b)all properties and assets, movable and immovable of, or belonging to, the Energy Management Centre shall vest in the Bureau;
- (c)all the rights and liabilities of the Energy Management Centre shall be transferred to, and be the rights and liabilities of, the Bureau;
- (d)without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Energy Management Centre immediately before that date, for or in connection with the purposes of the said Centre shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Bureau;
- (e)all sums of money due to the Energy Management Centre immediately before that date shall be deemed to be due to the Bureau;
- (f)all suits and other legal proceedings instituted or which could have been instituted by or against the Energy Management Centre immediately before that date may be continued or may be instituted by or against the Bureau; and
- (g)every employee holding any office under the Energy Management Centre immediately before that date shall hold his office in the Bureau by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the Bureau had not been established and shall continue to do so as an employee of the Bureau or until the expiry of six months from that date if such employee opts not to be the employee of the Bureau within such period.
- (2)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, the absorption of any employee by the Bureau in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.
Summary
- This provision outlines how the old Energy Management Centre is completely absorbed by the new Bureau.
- All properties, assets, rights, and debts of the old Centre automatically become the Bureau's responsibility.
- Any legal agreements or lawsuits involving the old Centre continue with the Bureau stepping in.
- Employees of the old Centre keep their jobs under the same terms unless they choose to leave within six months.
- Employees who are absorbed do not get extra compensation under the Industrial Disputes Act for this transfer.
Practical examples
FAQ
1. What happens to the old centre's debts under Section 12 of The Energy Conservation Act, 2001?
Section 12 of The Energy Conservation Act, 2001 dictates that all debts and liabilities of the Energy Management Centre are transferred to the new Bureau.
2. Do employees get compensation for the transfer under Section 12 of the energy conservation rules?
No. Section 12 of the energy conservation rules states that employees absorbed into the Bureau are not entitled to compensation under the Industrial Disputes Act for the transition.
3. How long do employees have to opt out according to Section 12 of the 2001 energy Act?
Section 12 of the 2001 energy Act gives employees six months from the establishment date to opt out of becoming an employee of the Bureau.
Test yourself
Q1.Under Section 12 of The Energy Conservation Act, 2001, what happens to lawsuits that were pending against the Energy Management Centre?
Q2.How much time does an employee have to opt out of joining the Bureau under Section 12 of the 2001 energy conservation law?
Q3.Which specific law is mentioned in Section 12 of the energy conservation statute regarding employee compensation?
Q4.Under Section 12 of The Energy Conservation Act, 2001, what happens to contracts made by the Energy Management Centre?