Nothing contained in section 43 shall be taken as requiring a distribution

Provisions with respect to distribution licensees

42. .(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.

1. (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 may be allowed before the cross subsidies are eliminated 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 and eliminated 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. (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. (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.

1. (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.
2. (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.
3. (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.
4. (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. Duty to supply on request

43. (1) Every distribution licensee, shall, on an application by the owner

or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply :

Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate

commissioning or within such period as may be specified by the Appropriate Commission.

Provided further that in case of a village or hamlet or area wherein no

provision for supply of electricity exists, the Appropriate Commission may extend

the said period as it may consider necessary for electrification of such village or hamlet or area.

1. (2) It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1) : Provided that no person shall be entitled to demand, or to continue to

receive, from a licensee a supply of electricity for any premises having a separate

supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission .

1. (3) If a distribution licensee fails to supply the electricity within the period specified in sub- section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default. Exceptions from duty to supply electricity.

licensee to give supply of electricity to any premises if he is prevented from doing

so by cyclone, floods, storms or other occurrences beyond his control.

Power to recover

charges

45. (1) Subject to the provisions of this section, the prices to be charged

by a distribution licensee for the supply of electricity by him in pursuance of section 43 shall be in accordance with such tariffs fixed from time to time and conditions of his licence.

1. (2) The charges for electricity supplied by a distribution licensee shall be -
   • (a) fixed in accordance with the methods and the principles as may

be specified by the concerned State Commission ;

1. (b) published in such manner so as to give adequate publicity for such charges and prices.

1. (3) The charges for electricity supplied by a distribution licensee may include -
   • (a) a fixed charge in addition to the charge for the actual electricity supplied;
   • (b) a rent or other charges in respect of a ny electric meter or electrical plant provided by the distribution licensee.
2. (4) Subject to the provisions of section 62, in fixing charges under this section a distribution licensee shall not show undue preference to any person or

class of persons or discrimination against any person or class of persons.

1. (5) The charges fixed by the distribution licensee shall be in

Power to recover expenditure