law: Electricity Act, 2003
  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.
  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.