law: Electricity Act, 2003 
  40. Duties of
  
  transmission licensees.-
  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;
  c.     
  
    to
  
  provide non-discriminatory open access to its transmission system for use by--
               
  
   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.