9. Captive generation.—
(1) Notwithstanding anything contained in this Act, a person may construct,
maintain or operate a captive generating plant and dedicated transmission lines:
Provided that the supply of electricity from the captive generating plant through the grid shall be
regulated in the same manner as the generating station of a generating company:
1
[Provided further that no licence shall be required under this Act for supply of electricity generated
from a captive generating plant to any licensee in accordance with the provisions of this Act and the rules
and regulations made thereunder and to any consumer subject to the regulations made under
sub-section
(2) of section 42.]
(2) Every person, who has constructed a captive generating plant and maintains and operates such
plant, shall have the right to open access for the purposes of carrying electricity from his captive
generating plant to the destination of his use:
Provided that such open access shall be subject to availability of adequate transmission facility and
such availability of transmission facility shall be determined by the Central Transmission Utility or the
State Transmission Utility, as the case may be:
Provided further that any dispute regarding the availability of transmission facility shall be
adjudicated upon by the Appropriate Commission.
