law: Electricity Act, 2003
  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  
  
  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 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:
  provided
  
  also that  
  
  the State Government shall, not later than five years from the date of
  
  commencement of the Electricity (Amendment) Act, 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.
  1.     
  
  
  2.     
  
  
  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.
  1.     
  
  
  2.     
  
  
  3.     
  
  
  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 subsec.
  
  (5), may make a representation for the redressal of his grievance to an
  
  authority to be known as Ombudsman to be appointed or disignated 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
  
  subsections.