Duties of transmission licensees
Section 40 of the Electricity Act, 2003 deals with 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; The Act came into force on 10 Jun 2003.
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 1 *** in the manner as may be specified by the Appropriate Commission:
2 * * * * *
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.
Section 40, The Electricity Act, 2003 (Act 36 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- UPERC (MYT for Transmission) Regulations 2025Regulation 2025
- The Himachal Pradesh Electricity Regulatory Commission (Grant of Connectivity, Long-term and Medium-term Intra-State Open Access and Related Matters) Regulations, 2010Regulation 2010
- The Himachal Pradesh Electricity Regulatory Commission (Short Term Open Access) Regulations, 2010Regulation 2010
Another 3 instruments name this provision in its title or its text without being made under it.
Questions about Section 40
What does Section 40 of the Electricity Act deal with?
Section 40 of the Electricity Act is headed "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;
How do I find court cases under Section 40 of the Electricity Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Electricity Act 2003 40, section 40 Electricity Act 2003, section 40 of the Electricity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 40 of the Electricity Act, and has it changed?
Its own text turns on section 42 (Duties of distribution licensee and open access), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently UPERC (MYT for Transmission) Regulations 2025 (2025), then The Himachal Pradesh Electricity Regulatory Commission (Grant of Connectivity, Long-term and Medium-term Intra-State Open Access and Related Matters) Regulations, 2010 (2010), and 1 more.
When did Section 40 of the Electricity Act come into force?
Section 40 of the Electricity Act, cited as Electricity Act 2003 40, came into force on 10 Jun 2003, having been enacted on 26 May 2003. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.