Section 40: Duties of transmission licensees.

The Electricity Act, 2003Central Act · Act 36 of 2003

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;

(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.

Where this provision sits

Act	The Electricity Act, 2003
Section	40
Marginal note	Duties of transmission licensees.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

omitted. . The words and eliminated omitted by s. 6, ibid. (w.e.f. 15-6-2007).
omitted, Act 26 of 2007. . The third proviso omitted by Act 26 of 2007, s. 6 (w.e.f. 15-6-2007)

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