42. Duties of distribution licensee and open access.—
(1) It shall be the duty of a distribution
licensee to develop and maintain an efficient, co-ordinated and economical distribution system in his area
of supply and to supply electricity in accordance with the provisions contained in this Act.
(2) The State Commission shall introduce open access in such phases and subject to such conditions,
(including the cross subsidies, and other operational constraints) as may be specified within one year of
the appointed date by it and in specifying the extent of open access in successive phases and in
determining the charges for wheeling, it shall have due regard to all relevant factors including such cross
subsidies, and other operational constraints:
Provided that 2[such open access shall be allowed on payment of a surcharge] in addition to the
charges for wheeling as may be determined by the State Commission:
Provided further that such surcharge shall be utilised to meet the requirements of current level of
cross subsidy within the area of supply of the distribution licensee:
Provided also that such surcharge and cross subsidies shall be progressively reduced 3*** in the
manner as may be specified by the State 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:
1. The Third proviso omitted by Act 26 of 2007, s. 6 (w.e.f. 15-6-2007).
2. Subs. by s.7, ibid., for “such open access may be allowed before the cross subsidies are eliminated on payment of a surcharge”
(w.e.f. 15-6-2007).
3. The words “and eliminated” omitted by s. 7, ibid. (w.e.f. 15-6-2007).
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[Provided also that the State Commission shall, not later than five years from the date of
commencement of the Electricity (Amendment) Act, 2003 (57 of 2003), by regulations, provide such
open access to all consumers who require a supply of electricity where the maximum power to be made
available at any time exceeds one megawatt.]
(3) Where any person, whose premises are situated within the area of supply of a distribution
licensee, (not being a local authority engaged in the business of distribution of electricity before the
appointed date) requires a supply of electricity from a generating company or any licensee other than such
distribution licensee, such person may, by notice, require the distribution licensee for wheeling such
electricity in accordance with regulations made by the State Commission and the duties of the distribution
licensee with respect to such supply shall be of a common carrier providing non-discriminatory open
access.
(4) Where the State Commission permits a consumer or class of consumers to receive supply of
electricity from a person other than the distribution licensee of his area of supply, such consumer shall be
liable to pay an additional surcharge on the charges of wheeling, as may be specified by the State
Commission, to meet the fixed cost of such distribution licensee arising out of his obligation to supply.
(5) Every distribution licensee shall, within six months from the appointed date or date of grant of
licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance
with the guidelines as may be specified by the State Commission.
(6) Any consumer, who is aggrieved by non-redressal of his grievances under sub-section
(5), may
make a representation for the redressal of his grievance to an authority to be known as Ombudsman to be
appointed or designated by the State Commission.
(7) The Ombudsman shall settle the grievance of the consumer within such time and in such manner
as may be specified by the State Commission.
(8) The provisions of sub-sections
(5),
(6) and
(7) shall be without prejudice to right which the
consumer may have apart from the rights conferred upon him by those sub-sections.
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