Section 9 in The Jammu and Kashmir Electricity Act, 2010
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 the Act for supply of electricity generated from a captive generating plant to any licensee in accordance with the provisions of the Act and the rules and regulations made thereunder and to any consumer subject to the regulations made under sub-section (2) of section 36.(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 State Transmission Utility :Provided further that any dispute regarding the availability of transmission facility shall be adjudicated upon by the Commission.
