Punjab act 027 of 2015 : The Punjab Infrastructure (Development and Regulation) Amendment Act, 2015.

Department
  • Department of Finance

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 27, 2015 147

(AGHN6, 1937 SAKA)

PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

2.

NOTIFICATION

No. 32-Leg./2015.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 10th day of November, 2015, is hereby published for general information:

The 27th November, 2015

THE PUNJAB INFRASTRUCTURE (DEVELOPMENT AND

REGULATION) AMENDMENT ACT, 2015.

(Punjab Act No. 27 of 2015) Levy of fee.

AN

further to amend the Punjab lnfrastructure (Development and Regulation) Act, 2002.

ACT

BE it enacted by the Legisiature of the State of Punjab in the Sixty-sixth Year of the Republic of india as follows:

1. (1) This Act may be called the Punjab Infrastructure (Development Short title and and Regulation) Amendment Act, 2015.

(2) It shall come into force on and with effect from its publication in the Official Gazette.

In the Punjab Infrastructure (Development and Regulation) Act, 2002, Substitution of for section 25, the following section shall be substituted, namely:

"25. (1) With effect from the date of coming into force of this Act, and subject to the provisions of this Chapter, every person shall be liable to pay a fee levied under this Act on the sale or purchase of the goods specified in Schedule III, on

the value of consumption of electricity being supplied by the Punjab State Power Corporation Limited and purchase of immovable properties, within the State of Punjab at a rate, not exceeding six rupees for every one hundred rupees of the value of goods, electricity consumed and

purchase of immovable property as the State Governmnent may,by

notification, direct.

commencement.

section 25 of

Punjab Act 8 of

2002.

VT. Z. E RA), BE ,

AG 6, )

NM NT AB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

ICATION

27th ovember, No. 32-Leg./2015.- The following Act of the Legislature of the State of nj d nt the overnor of Punjab on the 10th day of

ovember, 15, is hereby published for general information:-

PUNJAB INFRASTRUCTURE (DEVELOPMENT

REGULATION) ENT ACT, 2015.

ct o. )

further to amend the Punjab Infrastructure (Development and Regulation) ct, .

it t h egislature h t j in h Sixty-sixth

Year of the Republic of India as follows:-

1. (1) This Act a h j st cture D el ent egulation) endment ct, 5.

(2) It shall come into force i t rom blicati n n the Off azet

In the Punjab Infrastructure (De el ent egulation) ct, 2, , h low all bstit ted, amely:-

"25. (1) With effect from the date of comi in ct, and subject to the provisions of this Chapter, every

. . . .

n all ia o e er h ct h r ase h s cifi d n edule ll,

ption ctricity pli d the njab t t er orporati n i it ase m ova ble perties,

it i h t nj , i g

s

r s h ds, ctricity

ed

r ase m ovable ert h t t ent ay,

notification, i ct.

ort title

m e .

Substitution

ion

j ct

2002.

1

PUNJAB GOVT. GAZ. (EXTRA) NOVEMBER 27, 2015

(AGHN 6, 1937 SAKA)

148

(2) The fee shall be payable at the stage, mentioned in respect of goods in Schedule-lI.

(3) Subject to the provisions of this Act and the rules made thereunder, the authorities for the time being empowered to assesS, reassess, collect and enforce payment of tax under the Punjab Value Added Tax Act, 2005, shall, on behalf of the Punjab Infrastructure Development Board, assess, reassess, collect and enforce payment of fee, including any interest or penalty, payable by a person under this Act, as if such fee or penalty or interest payable by such a person, is a tax or penalty or interest, payable under the Punjab Value Added Tax Act,

2005, and for this purpose, the aforesaid authorities may exercise all or

any of the powers, exercisable by them under

the Punjab Value Added

Tax Act, 2005 and the rules framed thereunder and the provisions of the

Punjab Value Added Tax Act, 2005 relating to the returns, provisional

assessment, assessment, reassessment,

rectification, review, advance

payment of tax, registration of transfree of any business, impositionof

the tax liability, carrying on the business on the

transfer of successor to

such business, transfer of any liability of any firm or Hindu Undivided

Family to pay tax in the event of dissolution of such firm or partitionof

such family, recovery of tax from third parties, appeals, reviews, revisions,

rectifications, references, refunds, rebates, interest or penalty, charging or payment of interest, compounding of

offences and treatmentof

documents, furnished by a person as confidential, shall apply accordingly.

(4) (i) Subject to other provisions of this Act and the rules

made thereunder, the authorities for the time being empowered to assess, reassess and collect and enforce electricity duty under the Punjab

Electricity (Duty) Act, 2005 shall on behalf of Punjab Infrastructure

Development Board also assess, reassess and collectand enforce

payment of Infrastructure Development fee on the value of consumption

of electricity including any interest or penalty payable by a person under this Act, as if, the fee or penalty or interest payable by such a person under this Act is a duty or penalty or interest payable by such a person under the Punjab Electricity (Duty) Act, 2005; and

(i) Subject to other provisions of this Act and the rules made

thereunder, such authorities, who are presently engaged in the collection of Stamp Duty, Social Infrastructure Cess shall also be empowered to assess, reassess and collect and enforce Infrastructure Development

S

R

)

J GOVT. Z. (EXTRA), NOVEMBER 27,2015 148

AG )

2) shall abl h e, entioned in respect of s n chedule-111.

————

(3) Subject to the visi ns Act h s a thereunder, the authoriti im powered to assess,

reassess, collect and enforce ent of tax der the njab alue

Added Tax Act, 2005, shall, al h j struct ure

Development Board, assess, ses , l t

ent of

fee, including any interest or penalty, payable by a person under this Act,

as if ch fee or enalty or interest payable by such a p erson, is a tax or

nalty r t rest, able er he nj b alue

dd ct,

2005, and for this rpose, the resaid thorities a erci ll

any of the powers, ercisable by hem er h

nj al d

ct, h ram h der h

visi ns the

nj al dde Act, to he r

ns, visi nal

sm t essm e sment ica ion

ew

ent of tax, ist ation of ansfree of any busi

ness, mposition of

e a ility, h si ess h a

fer essor o

sines , a fer a ili rm Hindu

ndivi ed

il o tax in t ofdis olution

rm rti

ily, er of ax rom ird arties, peals

, s, i i ns,

ti i ations, ces, ds, ates, s

t nalty, g

ent n st, pounding

reatm t

ments, a as nfidential, s

hall ly ordingly.

(4) bject o r visi ns ct a nd h

ad h nder, h thorities h im powered ss,

ess l t r e ctri it er h nj

lectricity uty) ct, al half nj st cture

eve ent oar s,

ent st cture evel ment h o fconsumption

ctricity n i g rest nalt able on er

ct, h nalt st abl

er ct nalt rest able

der nj lectricity uty) ct, 5;

(ii) bject r visi ns ct h a nder, thorities, sently n h l t n

of Stamp Duty, Social structure ess hall powered o assess, assess ll ct r e st cture evel ent

2

PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 27, 2015

(AGHN 6, 1937 SAKA)

fee on purchase of immovable properties.

(5) The fee collected under sub-section (), shall be deposited by the authorities, specified in sub-section (3) and sub-section (4) in the Development Fund within a period of one week from the date of its collection.

149

(6) The person shall deposit the amount of fee due from him either in cash or by cheque in a specified bank account. Explanation.-(1) For the purposes of this Act, the expressions "sale",

"purchase" and "person" shall have the same meanings as have been assigned to them in the Punjab Value Added Tax Act, 2005.

(2) In respect of levy of Infrastructure Development fee on the value of consumption of electricity, the exemptions granted in respect of levy of electricity duty shall mutatis mutandis apply to the levy of Infrastructure Development fee on electricity consumed.".

3. (1) The Punjab Infrastructure (Development and Regulation) Repeal and Amendment Ordinance, 2015 (Punjab Ordinance No.2 of 2015), is hereby savings.

repealed.

(2) Notwithstanding such repeal, anything done orany action taken

under the Ordinance referred to in sub-section(), shall be deemed to have

been done or taken under this Act.

H.P.S. MAHAL,

897/11-2015/Pb. Govt. Press, S.A.S. Nagar Secretary to Government of Punjab, Department of Legal and Legislative Affairs. PUNJAB ;

GOVT. GAZ. E RA), BE 2015

(AG 6, A)

fee o purchase o immovable properties

5) T oy ! - collected er sub-section (1), shall be deposited rities, ecifi d sub-section (3) and sub-section (4) in the Deve ry i

opment Fund within a period of one we rom h e ion.

( 6) The person shall deposit the amount of fee due from him either in cash or by n cifi account.

Explanation.- (1) r r oses ct, the expressions

"sale",

"puichase" and "person" shall have the same meanings as have been assigned to them in the Punjab Value Added Tax Act, 2005.

(2) In respect of levy of Infrastructure Development fee on the value of consumption of electricity, the exemptions granted in respect of levy of electricity hall utatis utandis l o h e Infrastructure evel ment ctricity ed.

3. (1) The Punjab Infr t cture D el ent egulation)

mendment rdinance, j rdi nce o. 15), is

ealed.

) otwithstanding eal, t i

or y ion aken

er h r i n -secti n

1), al o

aken h ct

H.

cretary o over ment njab, epart ent gal egislative f ai rs.

897/11-2015/Pb. ovt.

ress, .S. agar

Repeal and

savings.

3