PART I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS,
Notification
The 27thJuly, 1998
No. 27-Leg/98 - The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 21stJuly, 1998 and is hereby published for general information: -
THE PUNJAB ROADS AND BRIDGES DEVELOPMENT
BOARD ACT, 1998
(Punjab Act. No. 22 of 1998)
AN
ACT
To provide for the establishment of the Punjab Roads and Bridges Development Board with a view to improve the quality of Roads and Bridges infrastructure in the State of Punjab.
But it include by the Legislature of the State of Punjab in the Forty-ninth Year of the Republic of India as follows: -
1. (1) This act may be called the Punjab Roads and Bridges Development Board Act, 1998.
(2) It shall come into force at once. PUNJAB Short title and
commencement
2. In this Act, unless there is anything repugnant to the context: -
(a) "Board" means the Punjab Roads and Bridges Development Board n definitio established under section 3;
(b) "bridge" means a permanent of temporary bridge on a plan road and shall include such other permanent or temporary bridges or Ferry services as may, from to time to time, be undertaken for construction or improvement by the Government;
(c) "Fund" means the Punjab Roads and Bridges Development Board Fund constituted under section 7;
(d) "Government" means the Government of Punjab I the Department of Public Works (Building and Roads);
(e) "National Highway" means a National Highway specified in the Schedule appended to the National Highways Act, 1956 (Central Act No. 48 of 1956);
(f) "prescribed" means prescribed by rules made under this Act;
(g) "plan road" means a road or part of a road other than a National Highway or a link road and shall include such other road or part of a road, as may from time to time be undertaken for construction or improvement by the Government;
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(h) "regulation" means regulations made by the Board under this Act;and
(i) "section" means section of this Act.
(3) (1) The Government may, by notification, for exercising the power conferred on and performing the functions and duties assigned to the Board by or under this Act establish the Punjab Roads and Bridges Development Board.
Establish
ment of
Board, its
constitutio
n power
and duties
(2) The Board establish in terms of sub-section (1), shall consist of a Chairman, Vice-Chairman and the following other members, namely: -
(i) Chief Minister, Punjab Chairman
(ii) Minister Public Works (B & R) Vice-Chairman
(iii) Chief Secretary Member
(iv) Secretary Excise and Taxation Member
(v) Secretary Finance Member
(vi) Secretary Planning Member
(vii) Secretary Transport Member
(viii) Secretary Public Works (B&R) Member Secretary and
(ix) Chief Engineer of Public Works Member (Incharge of Roads and Bridges)
(3) The Board constituted in terms of sub-section (2), shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act to acquire, borrow and raise commercial loans and hold property and shall be the said name, sue and be sued.
(4) The Government shall exercise general superintendence and control over the Board and its employees and may call for such information, as it may deem necessary.
(5) Subject to the rules made under this Act, an estimate of annual income and expenditure of the Board for the ensuing Financial Year shall be got prepared by he Member-Secretary of the Board and shall be submitted to the Board for approval.
(6) An annual statement of income and expenditure of the Board shall be got prepared by the Member-Secretary and after obtaining approval of the Board; the same shall be set to the Government within a period of three months from the date of the Financial Year.
4. The accounts of the Funds constituted under the sub-section (1) of section 7, shall be audited by the Local Fund Examiner, Punjab.t
5. (1) The Board may with the approval of the Government, create such posts and appoint such officers and other employees thereon, as it may consider necessary for the efficient discharge of its functions. AudiOfficers and
employe
es of the
Board
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(2) The conditions of service of officers and other employees referred to in sub-section (1), and their functions and duties shall be such as may be regulated by the regulations made by the Board.
6. (1) Notwithstanding any provision to the contrary contained in any other law for the time being in force and subject to the rules made under this Act, there shall be levied for the purposes of this Act, a fee at a rate not exceeding the per cent to be notified by the Government on the duty leviable under the Punjab Excise Act, 1914, and the taxes leviable under the Punjab General Sales Tax Act, 1948 and the Punjab Motor Vehicles Taxation Act,
1924.
(2) The fee levied under sub-section (1), shall be collected by the Department concerned in the prescribed manner.
(3) The proceeds of the fee levied under sub-section (1), shall be transferred by the Department concerned directly to the Fund.
(4) The arrears of fee levied under sub-section (1), shall be recoverable as arrears of lad revenue.
7. (1) There shall be constituted a Fund to be called the Punjab Roads and Bridges Development Fund, which shall vest in the Board established under section3.
(2) The Fund constituted under sub-section (1), shall be administered by the Member-Secretary of the Board under the superintending and control of the Board. The Fund shall have the following contribution, namely: - Levy and
collection
of fee
Constituting
of Funds
(i) the amount of fee levied and collected under section 6;
(ii) an annual grant of one hundred crores of rupees from the State Government with an annual increase of ten percent every year ;
(iii) the income accrued to the Department of Public Works (B & R) from various uses of land belonging to it;
(iv) all type of toll taxes collected by the Department of Public works (B & R);
(v) all funds deposited by the Punjab Rural Development Board, the Punjab Mandi Board, Market Committees, Municipal Corporation, Municipal Council, Nagar Panchayats, Gram Panchayats, Panchayat Samitis and Zila Parishad.
(vi) all contributions received form the Government of India like Central Roads Funds, Railway safety Funds from the Scheme for Economic and Inter-State importance Projects, Special Area Assistance Scheme or any other Scheme approved by the Government of India for Roads and Bridges infrastructure State of Punjab;
(vii) additional income to the Department of Public Works (B&R) from road side advertisement, petrol pumps and weigh bridges leases including any other miscellaneous receipt after the commencement of this Act;
(viii) donation and private contributions ; and
(ix) any other funds, which the State Government may subsequently decide to contribute to the funds.
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8. The Fund shall be applied on Plan Roads for the purposes specified as under:-
i construction of new roads ;
ii improvements like raising, widening and strengthening of the existing roads ;
iii replacements of old and unsafe bridges ;
iv construction of new bridges ;
v repair and maintenance of roads ; and
vi any other purpose to the improvement of roads and bridges infrastructure as may be considered necessary by the Board.
9. No Suit, prosecution or other legal proceeding shall lie against Government or any officer of the Government of the Board in respect anything, which is in good faith done or intending to be done in purpose this Act, rules and regulations made or any order issued thereunder.
10. (1) The Government may, by notification, make rules for carrying out the purpose of this Act.
(2) Without prejudice to the generality of the foregoing power such rules may provide for: -
(a) The preparation and submission for sanction of an estimate of ann income and expenditure under sub-section(5) of section3;
(b) The manner in which the fee shall be collected under sub-section of section 6 ; and
(c) any other matter which has to be or may be prescribed.
(3) Every rule made under this section shall be laid as soon as may be a it is before the House of State Legislature while it is in session for a to period of ten days, which may be comprised in one session or in two more successive session and if, before the expiry of the session in wh it is so laid or the successive session as aforesaid, the House agrees making any modification in the rule or the House agrees that the r should not be made, the rule shall; thereafter have effect only in s modified form or be of no effect, as the case may be; so however t any such modification or annulment shall be without prejudice to validity of anything previously done or omitted to be done under t rule.
11. (1) The Board may from time to time with the previous approval of the Government, make regulations not inconsistent with this Act and rule made thereunder for the purpose of giving effect to the previous of thi Act.
(2) In particular and without prejudice to the generality of the forego power, such regulations may provide for :-
(a) transacting business at the meeting of the Board, and
(b) the conditions of service of the officers and other employees of t Board and their functions and duties under sub-section (2) section 5.
12. If any difficulty arises in giving effect to the provisions of this Act, Government may, by order make such provision including any adaptationPurpose for which the funds
may be applied
the
of
of
Protection of
action taken
in good faith
Power to
make
rules
ual
(2)
fter tal or
ich in
ule uch hat the hat s
s s ing he
of
the orPower to make
regulation Power to remove
differenc es
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modification of any provision of this Act, as appears to the Government to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. 13 (1) The Punjab Roads and Bridges Development Board Ordinance 1998 (Punjab Ordinance No. 5 of 1998), is hereby repealed. Repeat
and
Saving
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (l), shall be deemed to have been done or taken under the corresponding provisions of this Act.
S.S. GREWAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs.
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Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 Price : Rs 2.70
EXTRAORDINARY
Published by Authority
CHANDIGARH, WEDNESDAY, JUNE 13, 2018
(JYAISTHA 23, 1940 SAKA)
( lxiv )
LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
The Punjab Roads and Bridges Development Board (Amendment) Act, 2018. (Punjab Act No. 15 of 2018) 75
Part - II Ordinances
Nil
Part - III Delegated Legislation
1. Notification No. S.O. 77/P.A.17/1887/ S.5/ C.A.16/1908/S.5/2018, dated the 12th June, 2018, forming a new sub-district, namely, the sub-district Chanarthal Kalan. 1295-1297
2. Notification No. S.O.78/P.A.17/1887/ S.5/ C.A.16/1908/S.5/2018, dated the 12th June, 2018, altering the limits of sub-district Gurdaspur. 1299-1307
Part - IV Correction Slips, Republications and Replacements
Nil
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PUNJAB GOVT. GAZ. (EXTRA), JUNE 13, 2018
(JYST 23, 1940 SAKA)
75
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 13th June, 2018
No.16-Leg./2018.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 23rd day of May, 2018, is hereby published for general information:-
THE PUNJAB ROADS AND BRIDGES DEVELOPMENT BOARD
(AMENDMENT) ACT, 2018.
(Punjab Act No.15 of 2018)
AN
ACT
further to amend the Punjab Roads and Bridges Development Board Act, 1998.
BE it enacted by the Legislature of the State of Punjab in the Sixty-ninth Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Roads and Bridges Development Board (Amendment) Act, 2018.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2. In the Punjab Roads and Bridges Development Board Act, 1998, in section 8, at the end of clause (v), the word "and" shall be omitted and thereafter, the following clause shall be inserted, namely:-
"(v-a) salary and other miscellaneous expenditure of the Board; and".
VIVEK PURI,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. Short title and
commencement.
Amendment in
section 8 of
Punjab Act 22 of
1998.
1529/6-2018/Pb. Govt. Press, S.A.S. Nagar
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