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TypeBare Act JurisdictionChandigarh Government

The ELECTRICITY ACT, 2003 Section 38

Central Transmission Utility and functions.–

~2 min read
https://sooperkanoon.com/act/553631

Bare act section · Research

About this section

The ELECTRICITY ACT, 2003 Section 38 is part of The ELECTRICITY ACT, 2003 - Central Transmission Utility and functions.–. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

1) The Central Government may notify any Government company as the Central Transmission Utility:

Provided that the Central Transmission Utility shall not engage in the business of generation of electricity or trading in electricity:

Provided further that the Central Government may transfer, and vest any property, interest in property, rights and liabilities connected with, and personnel involved in transmission of electricity of such Central Transmission Utility, to a company or companies to be incorporated under the Companies Act, 1956 (1 of 1956) to function as a transmission licensee, through a transfer scheme to be effected in the manner specified under Part XIII and such company or companies shall be deemed to be transmission licensees under this Act.

(2) The functions of the Central Transmission Utility shall be– (a) to undertake transmission of electricity through inter-State transmission system;

(b) to discharge all functions of planning and co-ordination relating to inter-State transmission system with– (i) State Transmission Utilities;

(ii) Central Government;

(iii) State Governments;

(iv) generating companies;

(v) Regional Power Committees;

(vi) Authority;

(vii) licensees;

(viii) any other person notified by the Central Government in this behalf;

(c) to ensure development of an efficient, co-ordinated and economical system of inter-State transmission lines for smooth flow of electricity from generating stations to the load centres;

(d) 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 26 (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 Central 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 Central Commission: 2 * * * * *

Provided also that the manner of payment and utilisation of the surcharge shall be specified by the Central 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 Section 39 - use

Frequently asked questions

What does The ELECTRICITY ACT, 2003 Section 38 provide?

Section Section 38 of the The ELECTRICITY ACT, 2003 (Central Transmission Utility and functions.–) is reproduced on this page as part of the The ELECTRICITY ACT, 2003. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on The ELECTRICITY ACT, 2003 Section 38?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference The ELECTRICITY ACT, 2003 Section 38. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Chandigarh, confirm the wording against the official state gazette or authorized publication.

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