40. Duties of transmission licensees
It shall be the duty of a transmission licensee—
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;
to comply with the directions of the Regional Load Despatch Centre and the State Load Despatch Centre, as the case may be;
to provide non-discriminatory open access to its transmission system for use by—
any licensee or generating company on payment of the transmission charges; or
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.
Amendment notes (2)
- omitted w.e.f. 15-6-2007 . The words and eliminated omitted by s. 6, ibid. (w.e.f. 15-6-2007).
- omitted w.e.f. 15-6-2007 . The third proviso omitted by Act 26 of 2007, s. 6 (w.e.f. 15-6-2007)