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Section 9. (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.

(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 Central Transmission Utility or the State Transmission
Utility, as the case may be:

Provided further that any dispute regarding the availability of transmission
facility shall be adjudicated upon by the Appropriate Commission.