The Jharkhand State Road Development Fund Act 2011

tl uI{ARKHAND AC-I' A7, 20 I TI'lE "ftlARIilfAND ST'A'[[. IlOi\I] DLIVELOPNIEn'1' Ir{rn*D A(11", 201I AN ACT to y-i7'r1v'is;[c ./br estah/ishmenl of' ct l:und ./br iny,estrnents irt rrrud sect()r Stro.fat'ts in the stale and for thi.s purpose crvailing r4/'Nrent, lcxtns ancl deyttt.ti/s.from other sourc'es ancl lo lev.y crnd collect, b.y,w,cty ctf ce,s.r, a tctx on salc o/'molor slsirit c;rtrnntonly knou,n as petrol ancl high speecl clie"sel oil uncl./itr olher metlers connec:led therewith ancl incidentel rheratct. Be it enacted by the Jharkhand State Legislature in tlre Sixty Second Yeerr o{'the Republic of India, as follows:- CHAPTER - I PRELI]\{INARY l. Short title, extent and commencement - (i) This Act n:ay be called the Jharkhand State Road Development Fund Act, 2011. (ii) It extends to the whole of the State of Jharkhand. (iii) It shall corne into fbrce on such clate as the State Government n1ay, by notification in the Official Gazette, appoint in thrs beha"lf 2. Definitions - In this Act, unless the context otherwise requires - (a) "State Government " rneans Jharkhand State Governrnent. (b) "Cess" nreans a tax in the nature of a tax on sale of goods, imposed and collected on sale of motor spirit cornmonly gr{q'u-s rrwe (emrrrr<wr), Yrfu{r{ ze T$, zor r known as petrol and high speed diesel oil for the purposes of thjs Act; (c) "Developrnent" includes new construction. tnaintenance, upgradation, 'strengthening. r,"'idening, itnprovement, rehabilitation, reconstruction, repair and irrcludes all other activities relating to developnrent of infiastructure zrnd facilities related to road sector" (d) "fiund" means the State Road Developrnent Flrnd establislrecl under sub-section (1) of Section 7; (e) "Person" shall include any cornpany, a firm or assooiation or trorJy of individuals, whether incorporated or no1" (O "Prescribed" nteans prescribed by rules nracle ltncler this Act; (g) "l{ightvavs atrthi:rily" nleans hig}rrvarvs ar.rthor"rty appoirttecl rrnder sec 4 of The Jharkhancl Highrvay's Act, 2O05 (.lharkhitrrd Act O7. 2OO6); t.h) "State road" trleans any rcradrvay or lands declarecl under sec -l of l'he .lharkhand Highrvays Act, 2005 (.Tharkhand Act 07. 2A06); within the Staie and includes - (i) all lands appurteniurt tl-rereto; (ii) all approach roads, bridges, flyovers. culverts' lunnels' causeway, carriage-ways and other structures on' over, along or across such roads; and ('iii) all f'ences, tress, posts a-nd boundarles, t\vo hundted rneter and kilorneter stones of such roacls. but does not include a National Highrvay. II CHAPTER LE\/Y OF CESS 3" Levy and collection of cess. (i) With eff'ect from such date as the State Covernment. may, by notiticaiion in the official cazette, specifo, there shall be levied and collected, as cess, a tax on sale crf motor spirit commonly known, as petrol and high speed diesel oil for the purposes of this Act. (ii) The cess leviable under sub-section (i) shall be at such single point i-n tlie series of successive sales in the State, as lnay be ;rrescribed aurd shall be levied at such rates, !1qt exceedi.ng t\ya,luLelsisI-Utrg' its may be notified by the State Covernmerrt in the Official Gazette' (iii) The cess leviable under sub-scction (i) shall be payatrle by the p.r"ori by whom the goods specified in sub-section (i) are sold 1o Hlrqru-s ?rcre (3THITTTTUT). yrfrqr{ za q{. zott (iv) The cess leviable under sub-section (i) shall be in addition to any tax leviable on the goods specified in sub-section (i) under any other law for the time being in force (v) 'Ihe provisions of The Jharkhand \ralue Acidecl "I'ax Act,2005 (Act No O5 of 2006) and the rules rnade there under, including the provisions relating to refunds a:rd exemptions, shall as f'ar as may be, apply in relation to lerly and colleclion of cess levialrle, under thrs section ancl fbr that ptrrpose. the provisions of The .lharkhand Value Added Tax Act.2O05 (Act No. O5 of 2006) shall have effect as if the aforesaid Act provided f'or the Ievy of cess on the goods specified in sub-section(i). 4" Crediting of cess to Consolirlated Fund of the State "fhe proceeds ol'the cess levied urrder scction 3 shall first be credrtecl tcr 1l"re (lonsolidateei Irund of the Statc, and the State Ciovernrnent shall afler fbllorving lhe due procednre {br. ;rppropriation, slrall credit such proceeds to the furrcl fi'orn tirne to tinre. fbr Lreing utilrsed exclusivcly fcrr the purposes of t.his Act" S" Grants and lo:rns by the State Government - The State Governrnent n'ray, after due appropriation made by the state Icgislattrre by Iarv in this behalf credit by way of grants or loans such sunls of nroney as the State Government n"lay consider necessary in the Fund. (i. f)elrosits from otlrer sources- (j) AII sums of money received from Cerrtral Road Fund established under The Central Road Fund Act,2000 (Central Act 54 of 2OOO), (ii) AII fees, firres & other amounts collected by the Governtrrent a-s per the provisions of The Jharkha.nd Highways Act, 2O05 (Jharkhand Act 7 of 20O6). (iii) All amounts collected by the Govemrnent as per the provisions of the Indian 'l oll (.Jharkhand Amendment) Act, 2OOZ (Jharkhand Act 02" 2O04)" (iv) All returns on investment il'made by the governing courrcil dircctly or throtrgh a government agency or statutory body, (v) Any other amount authorised for credit to the {i-rnd under the provisions of this Act or rules made there under or any other law for the tirne being in force, (.r,i) Any amount borrowed by the Coveming Body" Hrwtvs Trwe (effirrrrqur). Ytftrqrt 28 T$, 2011 11 CrIAPTER III JHARKHAND STA'I'E ROAD DEVEI-OP]VIIINT FUNI) 7. Establishrnent of State Road Devetopment Fund. * (i) With effect from such date as the State Covernment may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a Fund to be called as the "Jharkhand State Road Development Fund". (ii) The fund shall be under the control of the State Goven'rment and there shall be credited thereto - (a) any sums of money paid under section 4, section 5 & sectiorr 6; (b) any other arnounts allocated to the Fund by any otlrer agency of the State or Central Government, (c) the sunrs. if any, realised by the state governrnL'nt in canyirrg out its functions or in the administration of this Act; (iii) The balance to the credit of the Fund shall not lapsc at the enrl of the financial year. (iv) All sums of tnoney specified in Section 7(iiXa) (b) & (c) and forming part of the Jharkhand State Road Development Fund shall be deposited in any Nationalised or Scheduled Bank or in such other Financial Institutiorls as rrlay be decided by the Governing Body and the said arnount shall be operated in such manner as prescritred. 8. Lltilization of the Fund - The Fund shall be utilised for the - (i) development of State roads, (;i) disbursetnent in respect of such projects of State road development, ac tnay be prescribed (iii) The Governing Body may invest any sum not required fbr immediate use in such manners as prescribed. 9" Accounts and Audit - (i) The concerned governrnent departments / agencies shall cause to maintain such book of accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance slreet in respect of allocations of their shares out of the fund. (ii) The accounts of the Fund shall be audited by the Cornptroller zurd Auditor General of India and Accountant General "lharkhand at such intervals as may be specified by him. 12 glrcru-s rrse (3{iHlErrqur), Yfft-qr{ 28 q{. 2a11 CHAPTER IV MANAGEMENT ()F STATE ROAD DEVELOPIUENT FUND I0. Powers of the state Governnrent to administer the Fund -- (i) T6e State Government shall have the power to admrnister the Funcl and shall - (a) take such decisions regarding investment on pro.iects of State road Developrnent a-s it considers necessary" (b) take such measures as may be necessary to raise funds for the developrnent of State roads; (c) allocate and disburse suclr funds as it considers necessary to tlre elepirtnrent / agency responsible for the development of State roads. (ii) (a) 'I'he State Governnrent may constitute a Goveruittg Bocly * ,ouy be prescribed for the management oI'the lttlnd. (b)TheGor,erningBodyconstitutedunderclause(a)shall exercise suclr powers and drscharge such functions, as may be prcscribed' I I. F'unctions of the State Government - The State Government slrall be responsible for the - (i) administration and management of the Fund' (ii) co-6rdinatio1, cornpletion and timely utilization of all surns " alk:cated out of the Fund; (iii) sanction of schemes for development of State Roads in such manner, as may be Prescribed; (iv) formulation of criteria on the basis of which the specific pro;."i, of development of State Roads shall be approved and financed out ofthe Fund; and (v) release of funds to department or organrizations for specific proj".ir'oF state roads developmerit and monitorirrg of such projects and the expenditure incurred thereon' sTyGFrc rr$r€ (3r{31Enqtry). YrFrqrq 28 T{. 2011 13 CIIAPTER V MISCELLANEOUS 12. Powers to remove tlifficulties - (i) lf any difficulty arises in giving effect to the provisions of this Act, the State Gowernment may, by order pubtished in the Official Gazette, make such provisions, not inconsistent with the provtsions of this Act" aS appear to it to be necessary or expedient for removing the diffioulty. (ii) Every order made under this section shall, as soon as rnay be after it is made, be Iaid before the State Legislature rvhile it is in session. 13. Powe.r to make rules - (i) The State Government may by notificatiorr in the Officral Gazette" make rules for carrying out the purpc'rse of this Act. (ii) All rules tnade under this Act shzrll be laid, as sooll as may be after they are made, belbre The State Legislature, rvhile it is in session" for a p"iiod of not Iess than fourteen days, which may be comprised in one session or in tw<l successive sessions and if before the expiry clf the session in whiqh they are so laid or of the session inrmediately follow'ing, tlre State Legi-slature makes any modification in any of such rules or resolves that any such ru1es should not be made, such ru-l es shall thereaJler have effect only in such modified fonn or be of no effect, a-s the case may be, so howevei, that any such modification or annulrnent shall be without preludtce. to the validity of any thing previously done there under. gTTqo's TrcqqE{ *,3rreYr a\. ristq $sTws, gqTr qftrq. irr?ET{ qfua-Tr6-ft8 q-{FT{ff =1; frEr (fr"1r<) f*rm. sTqcs-o-s I t* grqri{q, arr v-+rtrm rsi 5kd, epftH'm, sr{€ru-g {rGr+"rq tr1gq.u-g ?rwfa (efgftfftur; 337--'l5O+400 I