Electricity Act, 2003

40. Duties of transmission licensees.-

It shall be the duty of a transmission licensee--

a.      to build, maintain and operate an efficient, co-ordinated and economical inter- State transmission system or intra-State transmission system, as the case may be;

b.     to comply with the directions of the Regional Load Despatch Centre and the State Load Despatch Centre as the case may be;

c.      to provide non-discriminatory open access to its transmission system for use by--

              i.         any licensee or generating company on payment of the transmission charges; or

             ii.         any consumer as and when such open access is Provided by the State Commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the State Commission:

Provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy:

Provided further that such surcharge and cross subsidies shall be progressively reduced in the manner as may be specified by the Appropriate Commission:

Provided also that the manner of payment and utilisation of the surcharge shall be specified by the Appropriate Commission:

Provided also that such surcharge shall not be leviable in case open access is Provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use.