PUNJAB GOVT GAZ. (EXTRA.), APRIL 11, 2011
(CHTR 21, 1933 SAKA)
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
PART-I
No. 15-Leg. 2011.The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 8th April, 2011 and is hereby published for general information :
THE PUNJAB MUNICIPAL INFRASTRUCTURE DEVELOPMENT
Notification
The 11th April, 2011
(a)
(b)
FUND ACT, 2011
(c)
(Punjab Act No. 1l of 2011) to assign to the Municipalities for a period of ten years, the part amount of additional tax levied and collected under the Punjab Value Added Tax Act, 2005, with a view to constitute the Punjab Municipal Infrastructure Development Fund to provide financial assistance to the Municipalities for their development and for the natters connected therewith or incidental thereto. (d)
BE it enacted by the Legislature of the State of Punjab in the Sixty second Year of the Republic of India, as follows
AN
1. (1) This Act may be called the Punjab Municipal Infrastructure Short title and Development Fund Act, 2011.
(2) It shall come into force at once.
ACT
2. In this Act, unless the context otherwise requires,
37
(i) roads ; additional tax" means the additional tax levied and collected under the Punjab Value Added Tax Act, 2005; Director" means the Director, Local Government Department, Punjab;
"Fund" means the Punjab Municipal Infrastructure Development Fund, constituted under section 3 of this Act;
"Infrastructure Development Project" shall include the construction, renovation, upgradation, repair or providing of basic civic amenities of
(i) bridges (including over-bridges, under-bridges, causeways, pedestrian cross bridges etc.); commencement.
Definitions.
p
PUNJAB GOVT GAZ. (EXTRA.), APRIL 11,2011 37
( TR 21, 193 SAKA)
PART-I
DEPARTMENT OF LEGAL AND LEGISLATIVE AF AIRS, PUNJAB
Notification
The 1 th April, 201
No. 15-Leg. 2011.—The following Act of the Legislature of the State of Punjab r ceived t e assent of t e Governor of Punjab on the 8th April, 2011 and is hereby published f r general information —
E NJ B UNICIPAL INFRASTRUCTURE DEVELOPMENT
CT, 2011
unjab ct o. 1 of 2011) to as ign unic palit es period ten years, the part amount of diti nal ll t d der unj al e dde ct, 5,
with a w nstitute nj Municipal Infrastructure Development Fund i e n cial assistance to the Municipalities for their development and for the m t nected h ith ental thereto.
it t h egislature h t j n h Sixty-
ea h epubli i , follows :—
1 ) i c e h j unicipal n cture r title n
e el ent ct
(2) It shall om in o fo c at o .
2 In th s Act the c t o h wi req — (@)
(b)
©
@
"a dition tax" the a i al tax levied and collected u the P V A ed Tax Act, 2005 ;
"D rector" m the Director, Local Government Department, P jab ;
"Fu " m the P Municipal Infrastructure D ent Fu co ituted under section 3 of this Act ;
"In a t re D o ent Project" shall include the co cti n, reno t , up adation, repair or providing of basic civic am ni o —
(i) roads ;
(ii) bridges (including ov b d s, under-bridges, ca ays, ped rian cross bridges
etc.) ;
commencement
Definitions.
1
38 PUNJAB GOVT GAZ. (EXTRA.), APRIL 11, 2011
(CHTR 21, 1933 SAKA)
)
(iüi) street lighting:
(g)
(iv) drainage ;
(v) sanitation ;
(vi) solid waste management (including waste recycling);
(vii) water supply ;
(viii) sewerage ánd sewerage treatment plant;
(ix) storm water drains ;
(x) parking sites and services;
(xi) markets and shopping complexes ;
(xii) parks, play grounds and stadiums;
(xi) slum housing and development projects ;
(xiv) upgradation or construction of community centres or dharamshalas ;
(xv) burial grounds, cremation ghats or grounds and electric crematorium ;
(xvi) other projects providing for public services ;
(xvi) any other infrastructure or appliances connected with the above projects ; and
(e) "Municipality" shall have the same meaning as assigned to it in clause (e) of article 243-P of the Constitution of 1ndia :
(rvii) various projects under the Jawaharlal Nehru National Urban Renewal Mission, Urban Infrastructure
Development Scheme for Small and Medium Towns
and schemes, launched by the Central Government and the State Government;
"prescribed" means prescribed by rules made under this Act; and
"State Government" means the Government of the State of Punjabin the Department of Local Government.
Z. TRA.), I ,
C 1, A)
(iii) (iv)
)
(vi) i ) i i) i)
(xii) (xiii) (xiv) (xv)
(xvi) (xvii) (xviii) street lighting ; drainage ;
sanitation ; l ast anagement n ing waste recycling); water supply ;
erage and er e rea ment plant ; o m ater i s ;
parking sites and services ; markets and shopping complexes ; parks, play grounds and stadiums ; slum housing and development projects ; upgradation or construction of community centres or ar shalas ; ,
burial grounds, cremation ghats or grounds and electric at r ;
j cts i i g bli i s ;
n cture l ces nect d i
h j cts ;
various projects under the Jawaharlal ehr ati nal r al issi , r ructure
Development Scheme for Small and Medi ns and schemes, laun d h entral over ment and h t ove ent ;
(e) "Municipality" shall have the same meaning as assigned to it in clause (e) article h onstituti n I di ;
(f) "prescribed" means prescribed by rules made under this Act:
" t Government" ea h Gover ent h o |." Punjab in the Department of Local Government
2
PUNJAB GOVT GAZ. (EXTRA.), APRIL 11, 2011
(CHTR21, 1933 SAKA)
39
3. (1) There shall be constituted a Fund, to be called the Punjab Municipal Constitution of Infrastructure Development Fund, which shall vest in the State Government.
(2) Twenty per cent of the additional tax, levied and collected under the Punjab Value Added Tax Act, 2005, shall be credited direct to the Fund:
Provided that the amount so credited to the Fund shall not be less than Rs. 200 crore (Rupees two hundred crore only) per annum :
Provided further that in the event of the amount credited to the Fund under sub-section (2) falling short of Rs. 200 crore (Rupees two hundred crore), the State Government shall make it up by giving the amount so falling short, as grant-in-aid.
(3) If at any timne during the period of ten years from the date of commencement of this Act, the current rate of additional tax decreases, the State Government shall make up the Fund amount by assigning the requisite part of the additional tax.
the Fund
4. (1) The Fund shall be utilized to raise resources for infrastructure Object and development projects from the Nationalized or Scheduled Banks or financial administration of the Fund.
institutions for providing financial assistance to the Municipalities for the development of infrastructure development projects.
(2) The Fund shall be administered by the Director in the manner, as may be prescribed.
5. Twenty per cent of the amount of additional tax, referred to in sub- Collection and section (2) of section 3, shall be deposited in the Fund, in the manner, as may be deposit of tax. prescribed.
6. The Director shall maintain the accounts of the Fund and shall quarterly Maintenance of reconcile the amount credited to the Fund with the concerned District Treasury Officer, and submit quarterly report in this regard to the State Government. accounts.
7. The Fund shall be audited by the Comptroller and Auditor-General of Audit.
India in accordance with the provisions of the Comptroller and Auditor-General's
(Duties, Powers and Conditions of Service) Act, 1971 (Central Act 56 of 1971).
8. The annual report in respect of receipts into the Fund and distributiôn Submission of made out of the Fund to the
Municipalities, shall be prepared by the State annual report
Government and be submitted to the State Legislature.
PUNJAB GAZ. (EXTRA.), APRIL 11,2011
(CHTR 21, 1933 SAKA)
3 (1) There shall be constituted a Fund, to be called the Punjab Municipal Constitution of f str cture evel pment nd, hi al vest the State the: Fund Government. 2 ) ent t additional , levied collected
under the Punjab Value dde Tax ct, 05, hall credited direct to
Fund :
P i ed t a ount credited o h shall n t le than
s. pees w hundr cr only) pe annum :
Pr vi ed nt a ount credite o Fu
er -secti n n rt s. cro (Rupees w hundred crore),
t t Government shall a it giving the amount so falling short, as nt-in-aid.
1 ime r per year from t date o
mencement ct, rr nt te additional tax decreases, the State
over ment al a ount i g h uisite art
i o .
4. (1) The Fund shall be utilized to raise resources for infrastructure Object and ent rojects om the ationalized or eduled anks or financial Rratstint on _institutions* for providing financial assistance to the Municipalities for the fhe bun development of infrastructure development projects.
(2) shall inistered the Director in the an er, as cri ed.
5. Twenty per cent of the amount o addit al a , o i ol t section (2) of section 3, shall be deposited in the Fund, in h an er, 9 osit ax
prescribed.
6. The Director shall maintain the accounts ofthe l art rl aint nce of
reconcile the amount credited to th und i h District 2€0Unts Officer, and it arterly eport in this egard to he State over ment.
. hall i h ompt rolier udit r- eneral udit provisions f h omptroller uditor-Gene ral's Indiai ith h r ndia in ce wi ct 56 of 1971). uties, ers Conditi ns o Service) Act, 1971 (Central A { ipts nto h d b t bn S
is i ot
ort in e antioal Teno 8. al e p palities, shall be prepared by the State nual report made out of the to h unici :
over ent it to th
e State L gislature.
3
Power to make rules
Protection of actions taken in good faith
Power to remove difficulties. Repeal and
saving
40 PUNJAB GOVT GAZ. (EXTRA.), APRIL I1, 2011
(CHTR 21, 1933 SAKA)
9. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) for providing the manner in which the Fund shall be administered under sub-section (2) of section 4; and
(b) for prescribing the manner in which the amount of additional tax under section 5 is to be deposited.
10. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or employee of the State Government or any other person or authority, authorized by the State Government for anything, which is done or intended to be done in good faith under this Act or the rules made there-under.
11. If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by an order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty :
Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.
12. (1) The Punjab Municipal Infrastructure Development Fund Ordinance, 2010 (Punjab Ordinance No. 10 of 2010), is hereby repealed.
2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under this Act.
GOBINDER SINGH,
Secretary to Government of Punjab, Department of Legal and Legislative A ffairs. PUNJAB GOVT GAZ. (EXTRA.), APRIL 11, |
CH 21, 1933 )
P to Faw 9.(1) The State Government may, by notification in the Official azet e, make rules for carrying out the purposes this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules ma provide for al] or an the following matters, namely. —
(a) for providing the manner in whic th shal administered und r s - cti n o
(b) for prescribing the anner in hi h ount dit nal a under section 5 is to be deposited.
r t ct n 10. No suit, prosecution or other legal proceeding shall lie against th
"State Government or any officer or employee of the State overnment other person or authority, authorized by the State Government for anything, which is done or intended to be done in g faith er ct a h e-under.
Power to remove 11. If any difficulty arises in giving effect to any of the provisions difficulties. ; . heuties this Act, the State Government may, by an order published in th Of icial azette, make such provision, not inconsistent with the provisions this ct, a
appear to be necessary for removing the difficulty :
Provi that al ad er o
expiry of a period of two years from the date mencement i ct.
epeal d 12. (1) The Punjab Municipal Infrastructure Development saving
Ordinance, 2010 (Punjab Ordinance No. 10 of 2010), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action under the Ordinance referred to in sub-section (1), shall ed e r er ct.
R N
ecretary overnment unjab, Department of Legal and Legislative Affairs.
4