PUNJAB GOVT. GAZ. (EXTRA), JANUARY 22, 2015
(MAGHHA 2, 1936 SAKA)
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
PART I
2014.
GOVERNMENT OF PUNJAB
1.
NOTIFICATION
No.1-Leg./2015.-The following Act of the Legislature of the State of Puniab received the assent ofthe President of India on the 13th Day of January, 2015, is hereby published for general information:
2.
The 22nd January, 2015
THE PUNJAB DEVELOPMENT FUND ACT, 2014
(Punjab Act No. 1 of 2015)
AN
to enable the Depariment of Excise and Taxation to discharge its social
responsibility since it collecis substantial revenue from the sale of liquor and for the malters connected therewith or incidental thereto.
AcT
BE it enacted by the Legislature of the State of Punjab in the Sixty-fifth Year of the Republic of India, as follows:
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(1) This Act may be called the Punjab Development Fund Act, Short title and
(2) It shal! come into force on and with effect from the date of its
publication in the Official Gazette. In this Act, unless the context otherwise requires,
(a) "Board" means the Punjab Development Fund Board established under section 3;
(b) "Department" means the Department of Excise and Taxation,
Punjab;
(c) "Fund" means the Punjab Development Fund, constituted under section 5;
(d) "prescribed" means prescribed by rule made under this Act:
(e) "regulations" means the regulations made by the Board; () "section" neans a
section of this Act; and commencement.
(g) "State Government" means the Government of the State of Punjab in the Departmentof Excise and Taxation. Definitions.
VT. Z. E A), A , 1
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NM NT AB
p ENT I TI E FFAIRS,
ICATION
h ary, No.1-Leg./2015.-The following Act h egislature h t p nj h t h r si ent h
of uary,
2015, is reby bli d or eral ation:-
A OPMENT
ct o.
t
(0 bl Department xcis axati o r e cial
onsibil ty it ll cts bstantial e rom h iq r
h atter ect h ith n ntal reto. it ct y he egislature of the tate of nj in he i ty -fifth
ear of t e epublic ia, l s:-
(1) hi ct a h nj evel ent Act, Short title and m e m .
.
l all n i t rom h
blicati n n f icial azet e. In ct, l ss h t xt i se uires,-
oard" eans h nj evel ment oar
established er ection epart ent" eans h epart ent xcis axati n,
efi ions.
Punjab;
eans nj evel ment
nd, nstit t d er
o
scri ed" eans r d
ade er ct;
) " ulations" eans
ulati ns ade oard,
f) " t " m ns ct;
(g) t t overnment" eans over ment h t t
nj h epart ent xc ise axation.
1
Establishment of the Board.
Powers of the Chairperson. Constitution of the Development Fund.
Objectives of the Development
Fund.
3. (1) The State Government shall establish a Board for the pur pose of this Act with the following composition:
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 22, 2015
(MAGHA 2, 1936 SAKA)
(a) the Excise and Taxation Minister;
(b) the Chief Parliamentary Secretary, Excise and Taxation;
(c) the Chief Secretary to Government of Punjab
(d) the Financial Commissioner (Taxation); and
) the Excise and Taxation Commissioner. Chairperson
: Member
(e) the Principal Secretary, Finance Department; : Member : Member
: Member
6.
Member Secretary In addition to the above, the Board may co-opt three more members from various fields.
(2) The Board shall be a body corporate known by the aforesaid name having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name, sue or be sued.
(3) The Board may by resolution delegate to the Chairperson suchof its powers for the conduct of its affairs, as it may consider necessary or desirable.
4. The Chairperson shall have the powers of general superintendence and control in the conduct of the affairs of the Board. The Chairperson shall preside over the meetings of the Board, as well as exercise and discharge the powers and functions of the Board vested in him in accordance with this Act.
5. () The State Government shall constitute a Fund to be known as the Punjab Development Fund.
(2) The Fund shall be maintained, operated and audited in such manner, as may be prescribed.
The Fund shall be applied for the following purposes:
(a) for creation of community assets of durable nature;
(b) for welfare schemes concerning persons as defined in the Punjab Value Added Tax Act, 2005;
st l ent
h oar
e
Chairperson.
onsti o
the Development
nd.
bjecti es h
Development
nd.
R VT. Z. E RA), A ,
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(1) over ent all li oar h pur- pose of this Act with the following composition:
(a) the Excise and Taxation Minister; : Chairperson
(b) the Chief Parliamentary Secretary, : e be xci axati n;
(c) h hi cr t o over ent : e be Punjab
h i ancial ommissioner axation); : ember
(e) the Principal cretary, ce epart ent; : ember () the xci axati ommissioner. : e be Secretary
dit o h ve, h oar pt or embers
rom ous e d
(2) The Board shall be a body corporate known by the aforesaid name h r etual essi n m o i er, ject to the
visi ns of t is ct, o uire, operty, both movable m ovable to contract and shall by the said name, sue or be sued.
(3) oar l tion l ate o h hair ers n its ers for the conduct of its affairs, as it may consider necessary or s
hairperson al ers general superintendence
ntrol duct affairs the Board. The Chairperson shall preside over the e ti gs h oard, el erci e e h
powers and functions of the Board vest in m n ce i ct
5. (1) The State Gover ent shall nstitute o h j evel ent d.
all aintained, er t i in
an er, a scri ed.
shall be applied for the following purposes:
) for creation of community assets of durable nature;
(b) for welfare schemes concerning persons as defined in the nj al dd ct, 5;
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7.
PUNJAB GOVT, GAZ. (EXTRA), JANUARY 22, 2015
(MAGHA 2, 1936 SAKA)
(c) any other purpose, as may be decided by the Board; and
8.
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The source of funds shall be, as decided in the Excise Policy for Revenue Sreams the year 2014-15 and successive policies thereafter.
(d) 20% of the amount for de-addiction and the Punjab Cultural Heritage Maintenance and Development.
() The Board may from time to time, with the prior approval of the State Government, make regulationsnot
inconsistent with this Act andthe
ales framed thereunder for carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality ofthe foregoing powers, such regulations may provide for specifying procedure to
transact the business at the meeting of the Board.
(2) In particular and without prejudice tothe generality of the
foregoing power, the State Government may make such rules as may provide
for any other matter which has to be or may be prescribed.
9. (1) The State Government may, by notification in the Official Powers ofthe
Gazette, make rules for carrying out the purposes of this Act.
(3) Every rule made under thisAct shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it isin
session, for a total period of fourteen days, which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessionsas
aforesaid,the
House agrees in makingany
modification in the rules, or the House agrees,
that the rules should not be
made, the rules shall thereafter have effect only in
such modified form or be of no
effect, as the case may be, so
however, that
any such modification or
annulment shall be without prejudice to the validity
of anything previously
done or omitted to be done
under that rule.
10. (1) Ifany difficulty arises in giving effect to the provisions of this
Act, the State Government may, by order published in the Official Gazette,
make such provisionsnot inconsistent with the provisionsof the Ordinance,as
may appear to be
necessary for removing the difficulty:
for the
Development
Fund.
Provided that no order shall be made under this
section afterthe
expiry ofa period oftwo
years from the date of
commencement of this Act. Power of the
Boara to make
regulations.
State Government
to make rules.
Powers to remove
difficulties.
rr)
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M GHA, SA )
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(c) any other purpose, as may be decided by the Board; and
1) % of i (c 0 of the ount for de-addiction and the Punjab Cultural Heritage Maintenance and Development.
7. A I'he shall be, in h xci l the year 2014-15 and successive li i s reafter.
8. (1) The Board may from tim o im e, i h roval of
t te overnment, make lati ns t n nsistent i ct h
rule ram h der t the se of thi s Act.
(2) In particular and without prejudice to the generality of the egoing ers, such lations y provide for i
fying rocedure to
sact h si ess h e ti h oard.
. (I) tate over ent ay, ti ti n in h f icial azette, a es or g out the oses of t his Act.
(2) In rticular and ithout udice to the nerality of the
i er, t t over ment
a a s a i e
r at er hi a
cri ed.
er ad er ct al
, a
, ade, r
ous t t egislature,
hil
si n, l
s, hi a prised
in ne
n w or essive
ns, , r h i o
h
s ces ive s r
esaid, h
ouse s n aki
odification h l s,
h ouse rees,
t h l t
ade, al reafte
r ct l n
odifi d o m
ct, h a ,
ever, t
modification l ent
all it out dice
ali it
of anything i usly
it d o er
t l .
. 1) a i lty s in ect to the visions of this ct, h t t Gover me nt ay, er bli ed n f icial azett e,
ake pr visi ns t inc nsistent it h pr visi ns o h Ordinance,
a ear o ess
ary r emovi g
ulty:
n hi
ade er se t a
f t
Provi ed t
r al
e te f c mence
ment ct.
piry a r od f w
ars rom th
ue Streams
h
evelopment
nd.
Power of the
Board to make
regulations.
ers of the
State Gov nm t
to ma
Powers o em e
i ulties.
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Protection for action taken in good faith.
4 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 22, 2015
(MAGHA 2, 1936 SAKA)
(2) Every order made under this section shall be laid as soon as may be, after it is made, before the Legislative Assembly.
11. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government or Board in respect of anything which is done or intended to be done in good faith under this Act and rules or regulations made thereunder.
H.P.S. MAHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 687/01-2015/Pb. Govt. Press, S.A.S. Nagar
J VT. Z. E RA), A ,
GHA 2, 1936 A)
2) Every order made under this section shall be laid as soon as may be, after it is ade, r h egislati e ss bly. r on 11. No suit, prosecution or other legal proceeding shall lie against the Sa nv "Sta e over ent r f th t over ent oar in respect of anything whi is n e o n er this ct
and rules or regulations made thereunder.
.
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 687/01-2015/Pb. Govt. Press, S.A.S. Nagar
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