The Jharkhand State Road Development Fund Act 2011

uI{ARKHAND AC-I' A7, 20 tl 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.
CHAPTER II
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
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.
11
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
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 rules 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.
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